Art. 292 of the Civil Code of the Russian Federation: the rights of family members of owners of residential premises

As stated in Art. 292 of the Civil Code of the Russian Federation, the owner of an apartment or house has the right to use this housing for living. In addition, they, together with the owner, pay for utilities and home repairs. Also, these citizens lose their right to use housing if another person becomes its owner. The exceptions here are cases provided by law. So says Art. 292 of the Civil Code.

Basic moments

Article 292 of the Civil Code of the Russian Federation

Citizens who are members of the family of the owner of an apartment or house have the right to live in it. In addition, along with the owner, they must pay for utilities and, if necessary, repair this premises. Also, persons living with the owner of the property should be responsible for the safety of this property. So says Art. 292 of the Civil Code. In addition, citizens who are former members of the family of the owner of the property (in case of dissolution of the marriage) may live for some time in this areaespecially if the second spouse has to pay the second alimony.

check in

p 2 of Article 292 of the Civil Code of the Russian Federation

In this case, this circumstance is not decisive in order to recognize one person as a relative, but nonetheless indicates that citizens live together on the same territory and do business. In addition, the owner of an apartment or house can enter into an agreement with members of his family, in which to prescribe the rules for making all payments and using a separate room for living. If this document is not available, then these citizens have equal responsibilities for maintaining housing with its owner.

The fact of living in the apartment of the owner does not entitle a member of his family to move other people into it or rent out property. However, they still have the opportunity to register their children at this address.

Adults and persons with disabilities should be responsible for the maintenance of housing along with the owner. This rule is specified in Art. 292 of the Civil Code.

Former relatives

4 Article 292 of the Civil Code of the Russian Federation

These may include spouses whose marriage is terminated. In this case, the right of residence of one of these citizens in a dwelling that is owned by another is not provided for by law. So says h. 4, Art. 292 of the Civil Code.But if a person who is considered to be a former relative of the owner of the house has no place to live, then he may remain in this housing for a while. This happens only by a court decision. Children can not be attributed to former relatives, even when parents divorced. Therefore, they retain all rights to reside in this territory, as stated in Art. 292 of the Civil Code of the Russian Federation in a new edition.

Termination

2 Article 292 of the Civil Code of the Russian Federation

In the event that the owner has sold his home, it follows that his family members cannot continue to live in this room. This rule is specified in paragraph 2 of Art. 292 of the Civil Code. But here the law stands on the side of the minor dependents of the owner of the property. Because they have the right to use the apartment or house of their parents or grandparents. In the event that the parents of the child are divorced, the minor may use the housing in which he constantly lives with one of his legal representatives.

Rights assigned

Article 292 of the RF Government in the new edition

A person who is the owner of the dwelling he occupies may sell it, donate, bequeath and rent it by agreement with another person. In addition, members of his family have the right to live with him as well, according to Art.288, 292 of the Civil Code. At the same time, the latter bear with him equal rights and obligations regarding the use of an apartment or house. Adult family members should also make utility payments and make repairs in the premises they occupy. However, the owner can not violate the housing legislation. And therefore he should not place any production in the apartment. And if this has happened, then it is necessary to transfer the residential premises to non-residential ones.

A comment

Article 292 of the Civil Code of the Russian Federation with comments

Family members of the homeowner can use the apartment or house along with it, unless the agreement provides other conditions. So says Art. 292 of the Civil Code with comments. However, they should only use housing to live in it and thus monitor its safety. Make utility payments and make repairs. Children, if their parents are divorced, can use the housing where they permanently live with one of their legal representatives. Former relatives will no longer be able to stay on the territory of the owner of an apartment or house, if this is not allowed by the court. In addition, the owner will have to provide housing for those whom he pays alimony, but only if they demand it. This procedure is carried out in court.

Arbitrage practice

Article 288 292 of the Civil Code of the Russian Federation

Currently, there are a lot of controversial issues about living in the territory of the owner of his family members. In some cases, the citizens themselves are ready to expose their relatives from the apartment. Also, the law states that after the transfer of property from one citizen to another, the latter has the full right to evict the relatives of the previous owner. This is part 2 of Art. 292 of the Civil Code.

Example from the case:

The citizen filed a lawsuit to evict another person, who is his uncle, from the apartment, because he is its owner and does not want the latter to live there and use his real estate. The mother of the latter bequeathed her apartment to her grandson, who is the owner and has the appropriate documents. In his statement, the citizen refers to part 2 of Art. 292 of the Civil Code. This article states that when a property is transferred to another person, family members of the first owner lose their earlier right to live in and use housing for their own purposes. The applicant's uncle did not agree with this. He wants to live and use the apartment in the future, because she belonged to his mother and he does not have another home.

From the case materials:

The court, having considered the claims of the plaintiff and the objections of his uncle, concluded that the applicant had the full right to evict an adult from his home. But since the latter was the son of the deceased owner of the apartment, he was given the opportunity to live in the occupied room until the end of this year and then move out. Moreover, the defendant is a capable person and can contain himself.

The court ruled in favor of the owner of the property.

Characteristic

The rights of relatives of the owner of a dwelling are only to reside in the territory of a given house or apartment and to enjoy all the amenities available in the dwelling. Unless otherwise established by agreement with the owner. In addition, adult family members should be equally responsible with the owner of the housing in the implementation of utility payments and repairs. These citizens do not have the right to instill anyone in this apartment or rent it to others. They can only live here and use on a par with the owner all things belonging.

In the event that a person decides to sell their housing, other persons are not entitled to interfere with this.In addition, after the apartment is transferred to the ownership of another person, the relatives of the former owner lose the opportunity to live in it. If the latter refuse to leave the housing voluntarily, they must be evicted by decision of the judicial authority.

As for the former relatives of the landlord, they cannot live there after the moment when the family relationship between them and the owner of the apartment (for example, the divorce of spouses) ended. However, if a citizen, because of his helplessness, cannot acquire a house for himself, then after the dissolution of the marriage relationship, he has the right to remain in the same place until a certain moment. For example, while the other spouse does not buy him an apartment. The question is further complicated by the fact that the latter pays for the maintenance of the second alimony. In this case, the former spouse is simply obliged to provide another accommodation for living.

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