The law firm "ProYuristBy" is often approached by Clients with various questions and requests for clarification of the legislation. For our Clients we offer written, oral and online legal advice. We present to your attention the answer to the question of one of our Clients.
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Essence of the question
The Client contacted ProYuristBy law firm with a question whether he can conclude a residential lease agreement with an individual to carry out his business activities and whether it is necessary to change the intended purpose of the residential premises?
Lawyer's answer
An individual may rent out his/her residential premises to a legal entity, while the legal entity may not change the purpose of the premises in cases where this legal entity will provide services in the field of agro-ecotourism, craft activities or activities related to the residence of citizens in these residential premises (letting of premises for rent, etc.).
Rationale
To answer this question, we turn to the norms of the Housing Code. Thus, according to paragraph 2 of Article 136 of the Housing Code, the owners of residential premises have the right, in the manner prescribed by law, to alienate, provide to citizens under a lease agreement or for free use, provide organizations under a lease agreement, pledge, carry out reconstruction and (or) redevelopment , as well as to demolish residential premises that belong to them by right of ownership, and perform other actions that do not contradict public benefit and safety, do not harm the environment, historical and cultural values, do not infringe on the rights and legitimate interests of other citizens and organizations. Thus, organizations have the right to conclude a lease agreement for residential premises with an individual.
Further, we turn to paragraph 14 of Article 1 of the Housing Code, a dwelling is a premise intended for the residence of citizens, heated, having natural light and complying with mandatory sanitary norms and rules, hygienic standards and other mandatory technical regulatory legal acts containing requirements, for living quarters (hereinafter, unless otherwise provided by this Code, the sanitary and technical requirements established for living). Thus, based on the legal definition, the purpose of residential premises is the residence of citizens.
The use of residential premises for other purposes, i.e. not for the residence of citizens, is allowed only after transferring it to non-residential, except in cases where:
- the dwelling is the location of a private unitary enterprise, a peasant farm (other legal entities cannot have a legal address in a dwelling);
- residential premises are used for handicraft activities, activities for the provision of services in the field of agroecotourism, other activities in cases provided for by legislative acts;
- the use of residential premises for other purposes by legal entities is agreed with the district, city executive committees, local administration of the district in the city in compliance with the sanitary and technical requirements established for living, environmental requirements and in accordance with the rules for the use of residential premises, maintenance of residential and auxiliary premises.
