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The Civil Code of the Russian Federation

(with the Additions and Amendments of February 20, August 12, 1996,
October 24, 1997, July 8, December 17, 1999, April 16, May 15,
November 26, 2001, March 21, November 14, 26, 2002,
January 10, March 26, November 11, December 23, 2003)

Part II
Section IV
Chapter 35
The Renting of Living Accommodation

Chapter 35. The Renting of Living Accommodation

Article 671. The Contract of Renting Living Accommodation


1. Under the contract of renting living accommodation one party - the owner of living quarters or the person authorized by him (renter) - shall be obliged to give to the other part (tenant) living accommodation for charge in possession and use for residing in it.
2. Living accommodation may be granted to legal entities in possession and/or use on the basis of the lease agreement or another contract. A legal entity may use living quarters for the residence of private persons alone.

Article 672. The Contract of Renting Living Accommodation in the State and Municipal Housing Stock of Social Use


1. Living quarters in the state and municipal housing stock in social use shall be given to individuals under the contract of the social renting of living accommodation.
2. The members of the family residing under the contract of the social renting of living accommodation together with the tenant shall enjoy all the rights and bear all the obligations under the contract of renting living quarters on a par with the tenant. On the demand of the tenant and the members of his family the contract may be concluded with one members of the family. In case of death of the tenant or of his retirement from living quarters the contract shall be concluded with one family members residing in these quarters.
3. A contract of the social renting of living accommodation shall be concluded on the grounds and conditions and in the order, provided for by the housing legislation. The rules of Articles 674, 675, 678, 680, 681 and Items 1-3 of Article 685 of this Code shall be applicable to the contract of the social renting of living accommodation, unless otherwise stipulated by the housing legislation.

Article 673. The Object of the Contract of Renting Living Accommodation


1. Isolated living accommodation suitable for permanent residence (the apartment, dwelling house, part of the apartment or dwelling house). The fitness of living accommodation for residence shall be determined in the order, provided for by the housing legislation.
2. The tenant of living quarters in a tenement shall have the right to use property, indicated in Article 290 of this Code, in addition to the use of living accommodation.

Article 674. The Form of the Contract of Renting Living Accommodation


The contract of renting living accommodation shall be concluded in writing.

Article 675. The Preservation of the Contract of Renting Living Accommodation When the Right of Ownership of Living Quarters Is Transferred


The transfer of the right of ownership of living quarters under the contract of renting living accommodation shall not involve the dissolution or charge of the contract of renting living accommodation. In this case the new owner shall become a renter on the terms of the contract of renting concluded earlier.

Article 676. The Obligations of the Renter of Living Quarters


1. The renter shall be obliged to transfer to the tenant free living quarters in a condition suitable for residence.
2. The renter shall be obliged to carry on proper exploitation of the dwelling house, in which the leased living quarters are to be found, to provide public utilities or ensure their provision to the tenant for charge, to carry on the repair of the common property in the tenement and of devices for rendering communal services in the living quarters.

Article 677. The Tenant and Individuals Permanently Residing with Him


1. Only a private person may be a tenant under the contract of renting living accommodation.
2. The contract shall indicate individuals permanently residing in living quarters together with the tenant. In the absence of such indication in the contract these individuals shall be moved in living quarters in accordance with the rules of Article 679 of this Code. Individuals permanently residing together with the tenant shall have equal rights in the use of living accommodation. The relations between the tenant and such individuals shall be determined by law.
3. The tenant shall be liable to the renter for the actions of the individuals permanently residing together with him and violating the terms and conditions of the contract of renting living accommodation.
4. Individuals permanently residing together with the tenant may be notifying the renter conclude with the tenant a contract to the effect that all the individuals permanently residing in living quarters bear with the tenant joint and several liability to the renter. In this case such individuals shall be co-tenants.

Article 678. The Obligations of the Tenant of Living Quarters


The tenant shall be obliged to make use of living quarters for residence only, to preserve them and maintain them in proper condition.
The tenant shall have no right to reconstruct living quarters without the renter's consent.
The tenant shall be obliged to make payment for living accommodation. Unless otherwise stipulated by the contract, the tenant shall be obliged to make utility rates on his own.

Article 679. The Moving-in of Individuals Permanently Residing with the Tenant


Other individuals may be moved in living quarters with the consent of the renter, tenant and individuals permanently residing with him in the capacity of permanently residents. No consent shall be required in case of moving in minors.
The moving-in shall be allowed with the observance of the requirements of legislation on the living space norm per one person, except for the case of moving in minors.

Article 680. Temporary Lodgers


The tenant and the individuals permanently residing with him shall have the right to permit temporary lodgers (users) to live free of charge in their living quarters by common agreement and with the preliminary notification of the renter. The renter may ban the living of temporary lodgers with the observance of the requirements of legislation on the living space norm per man. The period of living of temporary lodgers may not exceed six months.
Temporary lodgers shall not possess the independent right of using living quarters. The tenant shall be responsible for their actions to the renter.
Temporary lodgers shall be obliged to vacate living quarters upon the expiry of the period of residence agreed upon with them, and if this period is not agreed upon, they shall be obliged to vacate living quarters within seven days since the day of making the respective demand by the tenant or any individual permanently residing with him.

Article 681. Repairs of the Leased Living Quarters


1. It shall be the duty of the tenant to carry out current repairs of leased living quarters, unless otherwise stipulated by the contract of renting living accommodation.
2. It shall be the duty of the renter to carry out major repairs of leased living quarters, unless otherwise stipulated by the contract of renting living accommodation.
3. It shall not be allowed to re-equip the dwelling house in which living quarters are to be found, if this re-equipment substantially change the conditions of using living quarters, without the consent of the tenant.

Article 682. Payment for Living Quarters


1. The amount of the payment for living quarters shall be fixed by agreement between the parties in the contract of renting living quarters. If a maximum payment for living quarters has been fixed in accordance with the law, the payment provided for by the contract shall not exceed this amount.
2. It shall not be allowed to change the payment for living quarters unilaterally, except for the cases provided for by the law or the contract.
3. Payment for living quarters shall be made by the tenant within the periods of time, envisaged by the contract of renting living accommodation. If the contract does not provide for time-limits, payment shall be made by the tenant every month in the order, prescribed by the Housing Code of the Russian Federation.

Article 683. The Time-limit in the Contract of Renting Living Accommodation


1. A contract of renting living accommodation shall be concluded for a term that does not exceed five years. If the contract does not fix the term, the contract shall be deemed to be concluded for five years.
2. The rules, envisaged by Item 2 of Article 677, Articles 680, 684-686, the fourth paragraph of Item 2 of Article 687 of this Code shall not be applied to the contract of renting living accommodation, concluded for a term of one year (short-term renting), unless otherwise stipulated by the contract.

Article 684. The Preferential Right of the Tenant to Conclude a Contract for a New Term


With the lapse of the term of the contract of renting living quarters the tenant shall have the preferential right to conclude a contract of renting living accommodation for a new term.
Not later than three months before the expiry of the term of the contract of renting living quarters the renter shall propose that the tenant conclude a contract on the same or other conditions or warn the tenant about the refusal to prolong the contract in connection with the decision of not letting on lease living quarters during the period of not less than a year. If the renter has failed to perform this obligation, while the tenant has not refused to prolong the contract, the latter shall be deemed to be extended on the same conditions and for the same period.
When the terms and conditions of the contract are being coordinated, the tenant shall have no right to demand that the number of persons permanently residing with him under the contract of renting living accommodation should be increased.
If the renter has refused to prolong the contract in connection with the decision not to let premises on lease, but during one year since the day of the expiry of the validity term of the contract with the tenant has concluded the contract of renting living accommodation with another person, the tenant shall have the right to demand that this contract should be recognized as invalid and/or that compensation should be made for the losses caused by the refusal to renew the contract with him.

Article 685. Sustenance of Living Quarters


1. Under the contract for sustenance of living quarters the tenant shall transfer for a term all the rented premise or the part thereof in use by subtenant with the consent of the renter. The subtenant shall not acquire the independent right of using living quarters. The tenant shall remain to be liable to the renter under the contract of renting living accommodation.
2. A contract for sustenance of living quarters may be concluded on condition that the requirements of legislation on the living space norm per one man should be met.
3. The contract for sustenance of living quarters shall be payable.
4. The validity term of the contract for sustenance of living quarters may not exceed the validity term of the contract of renting living quarters.
5. In case of the termination of the contract of renting living quarters short of the term, the contract for sustenance of living quarters shall cease simultaneously with it.
6. The rules for the preferential right to the conclusion of a contract for a new term shall not extend to the contract for sustenance of living quarters.

Article 686. The Replacement of the Tenant in the Contract of Renting Living Accommodation


1. On the demand of the tenant and other private persons permanently residing with him and with the consent of the renter the tenant in the contract of renting living accommodation may be replaced by one of the persons of age permanently residing together with the tenant.
2. In the event of the tenant's death or of his retirement from living quarters, the contract shall continue to operate on the same conditions, and one of the private persons permanently residing with the former tenant shall become a tenant by general agreement between them. If such agreement is not reached, all the individuals permanently residing in living quarters shall become co-tenants.

Article 687. The Dissolution of the Contract of Renting Living Quarters


1. With the consent of other persons permanently residing with him the tenant of living quarters shall have the right to cancel the contract of renting with the written warning of the renter three months beforehand.
2. A contract of renting living quarters may be dissolved in due course of law on the demand of the renter in the cases of: the non-deposition by the tenant of payment for living quarters for six months, unless the contract fixes a longer period, and in case of short-term renting when payment has not been made for more than two times upon the expiry of the term of payment fixed by the contract;
the destruction of, or damage to, the premise by the tenant or other persons for whose actions he is answerable.
By the court's decision the tenant may be granted the period of one year for the removal by him of the breaches that served as a ground for the dissolution of the contract of renting living accommodation. If during the period of time, fixed by a court of law, the tenant does not remove the breaches or does not take all the necessary measures to eliminate them, the court shall make a decision on the dissolution of the contract of renting living accommodation in reply to the repeated application of the renter. In this case, at the request of the tenant the court may postpone the execution of its decision for a term of not more than a year in its decision on the dissolution of the contract.
3. A contract of renting living accommodation may be dissolved by a court of law on the demand of any party to the contract: if the premise ceases to be suitable for permanent residence, and also in case of its fault;
in other cases, provided for by the housing legislation.
4. If the tenant of living quarters or other private persons for whose actions he is answerable make use of living quarters not to its purpose or systematically violate the rights and interests of neighbours, the renter may warn the tenant about the need to remove these breaches. If the tenant or other persons, for the actions of which he is answerable, continue to make use of living quarters after the warning not to the purpose or to breach the rights and interests of neighbours, the tenant shall have the right to dissolve the contract of renting living accommodation judicially. In this case, the rules, provided for by the fourth paragraph of Item 2 of this Article, shall be applied.

Article 688. The Consequences of the Dissolution of the Contract of Renting Living Accommodation


In case of the dissolution of the contract of renting living accommodation the tenant and other persons living in these living quarters by the time of the cancellation of the contract shall be subject to eviction on the basis of the court's decision.

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