Current issues regarding rental housing
In April of this year, Decree of the President of the Republic of Belarus No. 563 of December 16, 2013 "On Certain Issues of Legal Regulation of Housing Relations" came into force, the provisions of which are aimed at developing the fund of residential premises for commercial use of the state housing fund (rental housing). The Minister of Housing and Communal Services of Belarus, Andrei Shoretz, provided us with a commentary on the main provisions of the document.
Who is first in line?
The priority right to residential premises for commercial use during the period of labor (service) relations is granted to those who do not own, possess, or use housing in the settlement at the place of work (service), judges, prosecutors, civil servants, young workers (employees), specialists who received education at the expense of republican and (or) local budgets, military personnel, employees appointed to positions in case of relocation, provided that there is no suitable candidate for the vacancy in the given settlement, scientists, teaching staff of higher education institutions, and cultural workers. No more than 30% of the total number of unoccupied rental premises are allocated to these categories of needy individuals.
Further distribution is carried out as follows: 10% to military personnel, and the remaining 60% to citizens in need of housing improvement, based on the date of registration. If there are no such citizens, residential premises for commercial use are provided to citizens not in need of housing improvement, based on the date of submission of the relevant application.
When to write an application?
A waiting list is not formed for residential premises for commercial use. Therefore, applications from citizens applying for housing are accepted no earlier than the day of publication of information on the availability of such housing, posted on the official websites of local executive and administrative bodies.
How much to pay for rent?
The rent is calculated based on the basic rate established by the Council of Ministers of the Republic of Belarus (0.2 basic units), with the application of coefficients determined by regional executive committees and the Minsk City Executive Committee, depending on the level of amenities and location of the residential premises.
In this case, the rent for residential premises included in the commercial category from among service, special service, and certain types of special housing (before April 1, 2014), as well as state housing fund housing occupied by citizens under lease agreements (before July 1, 2016), is set taking into account reducing coefficients: currently throughout the republic - 0.1, for Minsk - 0.2.
What is the duration of stay?
A lease agreement for residential premises for commercial use is concluded in the presence of labor (service) relations for their duration, and in the case of provision in the general order - for a period of up to 5 years.
What can lead to eviction?
Grounds for eviction from rental housing include: expiration of the lease agreement (an agreement concluded for five years, upon expiration of its term, must be extended provided that the tenant has duly fulfilled his obligations), a 2-month arrearage without valid reasons for payments for the use of residential premises and (or) housing and communal services, and other cases described in the legislation. Since in case of termination of labor (service) relations, unconditional vacating of residential premises for commercial use is provided, citizens living in them during the period of labor (service) relations retain the right to be registered as needing to improve their housing conditions.
Provided the terms of the agreement are duly observed, the tenant may use commercial premises indefinitely, as the agreement in this case is subject to renewal for a new term.
Tatyana Gornova, "Vitebskiye Vesti"