I live in a non-privatized room in a communal flat. Since I travel a lot on business, I let my distant relative live in my room permanently. My flat-mates demand to evict her because they didn't give their consent to her living in the flat and because she is not officially registered as a tenant. Are their demands grounded and what should I do in this situation?

From the point of view of law two questions should be considered in this situation - On what grounds can you let your relative live in your room and can your flat-mates demand to evict her?

Firstly, the relations in connection with habitation in a non-privatized flat are currently regulated by a municipal housing lease contract (art. 672 of the RF CC). This means that a room in a communal flat is the city's property (municipal housing stock) and is assigned to the local administration represented by a respective housing service office. Since you are not an owner of the room, in accordance with the Russian Housing Code, as a tenant you cannot let other people reside in your room permanently (over 6 months) without legal grounds. Such kind of an authorization can be issued only by the local administration represented by a housing office. You need to obtain an authorization and conclude a sub-lease contract with your relative and the housing office. However, you do not need to effect any contracts if your relative is a family member. Art. 672 of the RF CC stipulates that under a lease contract the members of the tenant's family who cohabit with him have the same rights as the tenant. It is sufficient that you are a principal tenant and you gave your consent to habitation of your relative in your room. An authorization or a sub-lease contract are substituted by the fact of family relations. You should know that in accordance with p. 2, art. 53 of the Russian Housing Code, the members of the tenant's family are: a spouse, children, parents and other relatives if they cohabit with the tenant and keep house with him. The nature of relations must demonstrate the family relations: a common budget, mutual support, etc. (in more detail the issue of keeping house with smb. is covered by Ruling of the Plenum of the Supreme Court of the USSR dated 3 April, 1987 ¿ 2 "On Applying Housing Law by Courts". If your relative resides in your room for less than 6 months, she has the right to reside there as a temporary tenant without consent of the housing office which should be just notified about a new temporary tenant. However, in order to have the right of permanent residence (over 6 months) housing relations must have legal grounds. A sub-lease contract with participation of the housing office must be effected. We should note that it is just a common view that a contract must be concluded upon expiration of 6 months. It does not follow from the law. Art. 680 of the RF CC does not say anything about the consequences of habitation as a temporary tenant over 6 months. And this means that the period of 6 months is not preclusive and not directly stipulated by the law. In practice, under this period we understand a period within which an unrealized subjective right ceases. Let us say, after six months the tenant's habitation right automatically ceases if he did not reside in his room during this period. In respect of this case, art. 680 of the RF CC talks about the duration of the right, for example, 6 months for habitation of temporary tenants. Thus, upon expiration of 6 months, the right of temporary habitation of the tenant does not terminate automatically. Firstly, because this term is not stated by the law as preclusive and secondly, because a preclusive nature of the right in the relation with a temporary tenant does not follow from this term. As we have already said, art. 680 of the RF CC on temporary tenants does not say anything about the consequences of extending the period of temporary habitation over 6 months. Moreover, while the law provides for only the minimum period of 6 months, the tenant should define the period of residence at the place of temporary habitation by himself. In other words, we should speak about the term of the right which can be extended by an authorized person if he does not mind further habitation of the temporary tenant.

Secondly, if your relative does have legal grounds to reside in your room, the issues in connection with residing in a non-privatized communal flat are currently regulated by the Russian Civil Code. We can speak about a common shared ownership of tenants of the living rooms in a communal flat. This means that pursuant to p. 1, art. 247 of the RF CC, the use of a communal flat is carried out in consent with all participants (tenants). However, you are an independent owner of your share of the common ownership and have the right to use your room independently and without restrictions. As a rule, the right of collective use with the consent of the flat-mates does not affect the right of each owner of the room to use his share as he wishes. And this means that your flat-mates are not entitled to restrict your housing right and demand eviction of your relative who resides in the room with your consent. If your flat-mates had privatized the communal flat, common joint ownership would have arisen. In this case, your flat-mates would have the right to demand satisfaction of their wish in respect of your share as well (the nature of a common joint activity is that everything should be done under mutual agreement). This form is provided by art. 258 of the RF CC and envisages that participants have closer relationships. This form is popular among families and farmers who are interested in closer relationships based on mutual trust. In our case, there are no close relationships with flat-mates based on trust. For this situation the law introduces a term of common shared ownership where nobody has the right to interfere with other people's affairs. This rule is not applied to commonly used space (the corridor, the closet, and the kitchen). In accordance with p. 1, art. 247 of the RF CC, your flat-mates do have the right to claim since the subject matter is not your share (room) but a commonly used communal flat.

Thus, your flat-mates with whom your share a communal flat do not have a "preferential right of vote" although the flat is not privatized. Housing relations remain the same, but the legal regulation under a lease contract is new. It is true that before the new CC of the RF was adopted, consent of flat mates was required for concluding a sub-lease contract (p. 3, art. 77 of the HC). Under the condition of common shared ownership (use) of the communal flat the former common privity has lost its legal value. You are a full principal (as a tenant) within your share (room). If your flat-mates start making claims in respect of a residence permit, they do not have the right to interfere in other people's housing rights. Your relative must be just registered and she has the right to reside in your room with your consent as a temporary tenant (co-tenant) or to occupy the room permanently under an oral or written agreement with you with notification of the housing office which must assure normal living conditions for your relative.