Art. 31 LC RF: Rights and duties of citizens living together with the owner in his residential premises

Thanks to art. 31 LCD of the RF provides a clear understanding of all possible rights, duties, functions and other features of living a large number of people in a certain residential area. In general, it merely legislatively establishes the possibility of negotiating and resolving its disputes in an adequate manner, but, if necessary, it can go to court, where, after careful consideration, the right and the guilty will be determined. Usually, after this, further living together becomes at least uncomfortable, although, perhaps, more true from the point of view of laws. In the overwhelming majority of cases, this method is resorted to in those situations where the resolution of the problem is impossible independently for a number of reasons such as divorce, serious conflicts of interest, money problems and the like, not implying concessions on one or the other side.

What regulates Article 31 of the RF LC

Art. 31 LCD RF regulates the process of relations that arise between the direct owner of the premises, as well as all the people who live there. And it concerns both family members and other possible tenants. They have their own duties, rights and opportunities, which should be separately specified.

Agreements can have any available form, up to oral, but if this is most often relevant for close people, then it is recommended to conclude with a third-party tenant a separate agreement in which to list everything that he can or must do, all requirements, conditions and the like Elements. In some cases, this helps to successfully resolve the dispute in favor of the tenant, but most often under art. 31 ZhK RF trial practice is such that the rights are still the owner anyway.

Nevertheless, a detailed understanding of the characteristics of mutual relations during cohabitation positively affects the way of life and can prevent a number of unpleasant situations that can significantly damage both the relationship and the very life of all persons who are constantly in the same room.

Item 1. Who is considered a family member

P. 1 Art. 31 LCD LCD describes the circle of persons who can relate to the owner's family. In the future, understanding this will allow us to more accurately navigate the specifics of the legislation. So, uniquely members of the family are the spouse or spouse, as well as the children and the parents of the owner. For example, the child of the second half from another marriage does not belong to this list, just like her mother and father.

Nevertheless, any other relatives (both close and distant) relatives and other citizens related to the owner in one way or another can be considered part of a large family if the owner agrees and initially settled them in a premise under this status. For example, the mother of the spouse, according to part 1 of Art. 31 LCD, may not be included in this composition. However, if she permanently resides in the owner's premises with his consent, it can also be counted as one of the family members.

It should be taken into account that the same can be done with respect to absolutely strangers like best friends, colleagues and similar persons, but the owner must be sure of them, these citizens should enjoy great confidence and so on. Otherwise, it may be difficult, controversial or even dangerous situations, which should be avoided, using information from the RF LC st.1-31.

Item 2. Rights and duties of family members

This section is just a consequence of the previous one, since it indicates what the family members can or can not do . So, in accordance with Part 2 of Art. 31 LCD, they have by default the same duties and rights that the owner has, can use everything that he uses, provided that the security of the premises and the absence of other arrangements.

That is, for example, the owner's children can all the same as he himself. At the same time, it is immediately indicated the possibility of concluding additional contracts, which can regulate the details of everyday life in more detail. The simplest example is oral agreement between spouses, that he is responsible for cleaning the apartment, and she washes the dishes. Naturally, this is rarely recorded in accordance with all rules on paper, but even a simple conversation about such a trial can be quite enough.

There are also more complex variants of relationships, when people, officially being members of the same family, are in fact strangers to each other, this art. 31 LCD RF also provides. There may already be rules for using the kitchen, toilets, a ban on visiting a room of a person without his presence and so on. In such a situation, drawing up contracts in paper form is not uncommon, since everyone considers himself entitled to protect their own rights (they are rarely remembered about duties).

Item 3. Rights and duties of incompetent family members

This part of the law is not very kind. Its essence lies in the fact that regardless of whether the person who is part of the family is legally capable, it still has the same rights and obligations as any other. In general, the correct solution, however, provided an adequate cell of society. If the rights are all right and right, then here are some duties that, according to Part 3 of Art. 31 LCDs of the Russian Federation, must be carried out, can simply be inaccessible to the incompetent person. As a rule, no one requires a disabled person to act in the same way as a healthy person, but for the court this point does not play a special role.

In general, in practice, certain concessions are taken into account, but very much depends directly on the owner. An example of this can be considered one of the parents, who by virtue of the venerable age simply does not have the ability to perform any specific homework or at least do it as often as required. The normal owner will sympathetically react to the problem and the fact that all this will have to be done to him. But some owners can, by referring to the law, force an incompetent person to perform all duties, regardless of whether he can or not.

P. 3 of Art. 31 RF LCD also takes into account the possibility of concluding additional agreements on the distribution of all the possibilities of such citizens. For example, a person with disabilities can do more of the work that is available to him, and the rest will be evenly distributed among the rest of the family. That is, the same grandfather can always wash dishes, but will never participate in cleaning the premises.

Item 4. Rights after divorce

This is the most discussed part of the law, since it regulates the relationships of the parties, which, due to certain circumstances, ceased to be one family. The simplest example is the divorce of the couple. In this situation, according to paragraph 4 of Art. 31 LCDs of the RF, then a person who is not more a part of this unit of society, but previously lived on the same living space with the rest of the family, in theory, should be evicted. But there are many reservations.

So, by mutual consent, often - written, a person can continue to stay in the same apartment as before. This is quite a rarity, because often the former spouses do not get on well with each other to try at least to conditionally establish a further life.

In any case, if a family member is no longer able (financially or otherwise) to purchase a separate apartment or other housing, it may even require a court decision not to be evicted. This part 4 of Art. 31 LCD of the RF also takes into account. Usually it has a certain period of validity and can not be unlimited. It is understood that for the specified time a person can find an opportunity to purchase real estate or rent it for use as a further habitat. Usually, this happens in situations where the spouse is the owner of the dwelling, because otherwise, according to the law, alimony can be assigned, under which the former spouse is obliged to purchase a separate living space so that the other half can move there. Not quite honest in terms of tolerance, but this is a common fact.

Most often, this requirement for the implementation of Part 4 of Art. 31 LCD of the Russian Federation arises in those situations when together with the person who is evicted, there are children. Theoretically, alimony can be paid by a woman in favor of a man if he remains with nothing and with their common offspring, but this is a very rare rarity that practically does not occur in practice.

Point 5. When the time period has expired

This paragraph describes the situation in which the person referred to in the previous paragraph is deprived of the right to use the premises. So, the most simple and understandable situation is when the term of temporary residence has expired.

For example, a citizen was allowed to live in the same apartment as before, throughout the year. During this time he had to find his own property or the possibility of renting it. 12 months are over, and he is obliged to leave. Nobody cares where. There is also a reservation. He can independently agree with the owner of the property on what conditions will be possible to continue living, and stay in the same place. This person can pay for the right to use the apartment, perform certain types of work in exchange for retaining the status of the tenant and so on.

There are also two other options under which the right to use the living quarters is terminated prematurely. One is the disappearance of obstacles, which in their time were the basis for the trial. That is art. 31 LCD of the Russian Federation implies that there are certain circumstances, because of which a person simply does not have the opportunity to move out. For example, quarantine in the city, conducting military operations in his homeland and so on. The last option is a complete cessation of ownership of the owner. The simplest example is that the apartment is sold. Regardless of any other circumstances, all those who previously resided in it, for whatever reason, are obliged to move out to the terms agreed with the new owner.

Item 6. Arrangements between former family members

This item is one of the two shortest in this article. According to Art. 31 LC RF, judicial practice implies that the status of a former family member should in no way affect his rights and duties. That is, you can not force a person to perform any kind of work compulsorily for the right is in this apartment, unless it is agreed between the owner and the tenant by a separate contract and is part of the rules of residence. All these features are indicated in paragraphs 2 to 4 of the described article of the law.

For example, you can not force a person to wash dishes and for themselves, and for the owner simply because he lives here. But if you agree that the dishes really will be completely on his conscience, and in return the owner will wash the floors everywhere, it is already like a mutually beneficial deal that is permissible. Nevertheless, there may be other types of arrangements in which one person will do absolutely all of the homework, but will not pay for housing or receive any other types of reciprocal advantages over other tenants.

Item 7. Other arrangements

This is the second short paragraph, which for the most part concerns options with a removable housing. He points out the obligatory nature of the fact that the prisoner has complied with the agreement between the owner and the tenant at all its points. Hence, if we take as a basis the letter of the contract and the law, that the tenant is obliged to perform only those actions that are described in the agreements, and has only those rights that are included in them.

The most common option is full use of all the goods with certain exceptions such as non-attendance of the owner's room, the inability to perform repair work, the refusal to redevelop, and so on. That is all that is not required for comfortable living, but may be needed in rare situations. Also, it happens, the wishes of the tenant on a reimbursable basis are taken into account.

For example, he can independently purchase this or that technique (for simplicity - a microwave oven), which will be used by himself and other inhabitants. In exchange for him for a certain period, the fee is reduced, the person is freed from any duties and so on. Here everything is completely based on existing agreements, which are recommended to be discussed at the stage of primary negotiations.

Owner

Art. 30, 31 LCD of the RF also regulate the possibilities of the owner of the premises. In particular, the most about them is written in the 30th article. If in brief, the owner has the right to live indoors, to instill in him other persons, but he must take into account the interests of neighbors (not to make noise, not to litter, etc.), to pay for the services of utilities in a timely manner and so on. For the most part, these are reasonable claims, claims to which there is not one adequate person, because everyone would like to live so that neighbors do not interfere and everything happens on time. But, unfortunately, in many situations other residents of the house behave as if no one else lives here except for them. In such a situation, you may even need to call the police, although under certain conditions it is enough simply to ask to behave as it should.

Results

If we summarize all of the above, we can conclude that in most cases, in order to establish a comfortable relationship between different people, it is enough simply to conclude some agreements in written or oral form. Under condition of understanding by both parties of all responsibility, this is enough for the normalization of life. Otherwise, it will be necessary to use the services of the court, which, having considered all the features of the case, will issue the only correct decision, binding for compliance by all parties to the conflict.

This is a relatively rare situation, if we do not take into account the process of divorce, which implies some conflicts. But nevertheless, it must be taken into account and understood by persons residing in the same residential area. Many recommend even in personal relationships to prepare and sign mutually beneficial contracts in advance, in which all features of life will appear. This may seem strange or even unacceptable, but in fact, although the process is not too pleasant psychologically, it solves a lot of possible conflicts even before they start, thus preserving the social cell.