Many believe that the situation when you can find yourself on the street without your own home will never affect them. But in fact, under certain circumstances, this can happen to almost every citizen. This is a rather unpleasant and scary situation, but, unfortunately, it occurs quite often.
If you delve into the legislation Russian Federation, and more specifically, in the Housing Code, there may be several options for the development of the scenario of legal eviction. Much also depends on who exactly will be deprived of housing space (owner, tenant, age indicators). Therefore, each situation has its own characteristics and solutions. Consider possible options eviction from the apartment, provided by law.
Of course, with any divorce, there is a question of eviction, but very often in our practice legal cases arise when a husband evicts his ex-wife from an apartment and vice versa. This is the most common cause of eviction conflicts. The situation in legal practice, when after a divorce a husband or wife is left homeless, may have several main reasons:
- housing meters belonged to one of the spouses before the official marriage;
- the apartment is not privatized.
The first situation is considered the easiest. But here, too, there are several possible outcomes. In fact, if one of the spouses had his own apartment before the official registration of the marriage, then the other half has no legal rights to it. And after the court's decision on divorce, the law will be on the side of the homeowner and the decision to evict is inevitable. But it can also have several options. Basically, these decisions are to postpone the eviction of the registered tenants. The court, when considering a case, takes into account many factors, and it is they that affect the final verdict. For example, it is very important how long the spouses lived together before the divorce, the presence of minor children, the state of health former second half.
Also important factor material support of the evicted spouse may also become a postponement.
If in this period time, his (her) finances do not allow renting a house, and his square meters no, then the execution of the decision to evict may be delayed for a period of one to three years.
Talk about a specific result court session on this issue is rather difficult. Since each situation has its own nuances, which can affect the decision of the court. But the outcome in any case is the same - eviction ex-husband or ex-wife... Moreover, this decision concerns all possible relatives from the other side assigned to this living space. There are situations when the court obliges to find and pay rent ex-wife or to my husband. But usually this can affect those cases when there are alimony obligations and financial security allows you to make this step.
If we are talking about the expulsion of the tenant from the privatized apartment, then here the solution to the issue will be a little more complicated. In such a situation, each of the spouses has the same rights to living space. Since a non-privatized apartment implies that all residents registered in it are equally responsible for paying utilities Utilities and housing maintenance are in order.
The court may decide to evict one of the former spouses from a non-privatized apartment in the following cases:
- if payment for utility services is not made;
- not actually living on the territory.
But in order to prove this, it is necessary to provide the court with very strong arguments. Only by collecting Required documents and evidence, you can file a lawsuit for the forced eviction of one of the former spouses.
It is very important to note one of the factors is presence of minor children... This moment can make its own adjustments. The basic principle is as follows:
If children under 14 are registered on the living space, then they cannot be forcibly evicted.
Our lawyers know The answer to your question
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In situations where there is a need to evict from a non-privatized apartment, it is important to find a convincing reason why such a procedure is possible, and to collect the necessary package of documents, testimony of witnesses. The main reason for such eviction may be the death of a person, long-term residence abroad, etc.
My specific situation you can describe to our online lawyer who will answer your questions about the eviction of a tenant from an unprivatized apartment free of charge.
Sometimes happy event the purchase of a new apartment can be burdensome due to the presence of tenants registered in it. This happens with an illiterate approach when registering a sale and purchase. But this question can be solved quite easily, since Civil Code RF clearly regulates that:
The registration of the purchase and sale automatically terminates the rights to use the housing of the previous family members.
Therefore, feel free to go to court with a statement about the forced eviction of the remaining tenants. But here, too, protracted court cases are possible, if these are minor children. Therefore, in order not to be in a heap of lawsuits after purchasing an apartment, you should make sure yourself that there are no registered tenants.
Rented housing: real reasons for the eviction of tenants
If for some reason the tenant refuses to check out of the rented apartment, then you can go to court with a statement of claim for his forced eviction.
There may be several options for the reasons for eviction. And the decision of many of them depends on whether the document for renting an apartment was officially issued, and what points were taken into account in it.
If the agreement concluded between you is legally executed correctly, then it is quite easy to expel tenants from the apartment ahead of time, if they violate the terms of the lease. For example, the reason for eviction may be late payment, incorrect behavior of residents, bad attitude property, drunkenness, etc. But it is important that the reason for which the owner is going to expel the guest is stipulated in the contract. This course of business allows us to speak of almost 100% positive resolution of the issue in favor of the landlord.
If you plan to sell a living space, the lease term of which has not yet expired, then here you should amicably discuss the issue of a possible discharge of tenants ahead of time... The legislation of the Russian Federation (Article 675 of the Civil Code) says that a change in the owner of a home is not a reason for the termination of the lease agreement.
Can they be evicted from an apartment for debts to the bank? Yes, they can, but only in some cases.
Usually eviction due to credit debt occurs if this living space was purchased on a mortgage... At the same time, arrears in payments should grow to quite large amounts. Banking institutions are usually not in a hurry with the procedure of eviction from an apartment, since the living space itself is not of interest to them as such. Why? Banks live on interest from the loan, so it is in their interest to get the borrower to pay the debts. But if numerous reminders about the need to pay off the debt do not bring any positive results, then the bank may decide to evict the defaulter from the collateral through the court.
According to the law, the bank must notify the debtor a month before the eviction procedure, giving a chance to pay off debts. But the owner still has a chance to return the property even after his eviction... This is possible if the loan is repaid before the public auction and the appointment of a new owner.
It should be remembered that according to the legislation of the Russian Federation, the evicted tenant can be given temporary housing, subject to eviction from the apartment, for the purchase of which the loan was taken. For these purposes, there is a specially created reserve housing fund.
Can they be evicted from an apartment for debts on utility bills? Of course, but there are many subtle points here as well.
Eviction in this regard becomes possible only under a social contract of employment, but this does not mean a specific eviction, here we are talking about a decrease in the area of residence. That is, such guests are evicted from this dwelling and are provided with an apartment much smaller by the square and possibly in another area of the city. This is described in the Housing Code of the Russian Federation (Art. 90).
If the apartment is privatized, and the owner has no other private housing property, then failure to pay and the presence of debts for the communal apartment is not a reason for his forced eviction, according to the legislation of the Russian Federation. The maximum that can threaten a malicious defaulter is the shutdown of utilities and the seizure of property by a court decision.
If the owner's property has other housing, then the privatized apartment, for which no payments have been made, may be arrested by bailiffs, and the owner forcibly relocated to his other living space.
The eviction procedure does not entail the repayment of debt and penalties for the resulting debt.
It should be noted that if the delay in payment for utility services is due to non-payments wages or other payments, this reason will be considered valid and may affect the decision to evict.
The most difficult situation is considered when, in addition to the debt on the communal flat, the resulting debt on mortgage... The situation here may turn in such a way that the owner is simply put out on the street without even providing a room. This harsh norm has slightly reduced the risks of credit institutions.
Antisocial behavior of apartment tenants
Very often in our practice we are faced with the question: how to evict neighbors from the apartment for drunkenness and regular inappropriate behavior that interferes with the peace of mind of the rest of the residents of the house.
Bullying behavior and violation certain rules living in a multi-storey residential building may lead to eviction. And in this case it doesn't matter if the tenant is the owner or lives under a social contract... But the eviction process itself for this reason is quite long and requires an application special efforts.
The difficulty lies in the fact that it is necessary to provide evidence of violation by one of the tenants of the rest of the house. Such hooligan actions or violations of order must be recorded by law enforcement agencies by drawing up a protocol. It is he who will subsequently be an inalienable proof at the hearing.
It is important to remember that one recorded act of violation is insufficient for the eviction procedure... After the first drawn up protocol, a warning is usually issued. Sometimes there can be several such measures of restraint, often in cases of not very gross illegal actions. But if the tenant does not stop his antisocial actions, then the case can be brought to court at the request of his neighbors.
Let's list the so-called antisocial actions that can lead to eviction:
- the use of the living space of an apartment not for the purpose of living in it, for example, conducting a commercial or entrepreneurial activity;
- maintenance of drug addicts on the territory of the apartment;
- violation of the rights of residents of the whole house;
- regular drunken fights.
It should be noted that eviction from an apartment under such a reason implies the sale of property and the payment of compensation to its tenant. A certain amount of money can be deducted from the sale amount for renovation work to put the apartment in order. The rest of the amount is issued former owner housing.
In order to achieve a positive result in resolving the issue of eviction for reasons of immoral behavior or drunkenness, it is important to remember a number of rules.
- Observe the sequence of handling. Law enforcement first, local administration, statement of claim to court.
- It is better if the application is written from all residents of the house or, in extreme cases, from persons living in the same entrance as the offender. Single applications are rarely considered.
A positive decision on this issue requires a lot of effort and financial costs, so it is important to be patient and understand that it is not so easy to evict a malicious violator of the order.
But even despite the fact that the legislation of the Russian Federation provides for eviction due to immoral behavior, such cases in court are now rare. Usually these are cases that are associated with deprivation of parents of their right to a child, when they are deprived of an apartment and are evicted from it.
Here you can also include court cases drawn up on the basis of an appeal by residents of the house about the actions of one of their apartment owners, which is aimed at damaging property (uncoordinated redevelopment, untimely repair work).
If, for some reason, you are evicted from the apartment, and you do not know what to do, then our lawyer online ready answer any questions you may have about this. Just write in the form at the bottom of the page and wait for a response.
Today we have to find out how the eviction of a registered person from the apartment takes place. Not the owner is important. Indeed, in solving such housing problems, property rights play a lot important role... What can citizens registered in housing claim? When can they be evicted and on what grounds?
The concept of registration
Registration is the assignment of a particular home to a citizen. In Russia, registration must be for all people staying in the country for more than 90 days. This applies to both citizens of the Russian Federation and foreigners.
Registration is temporary and permanent. In the first case, registration indicates a temporary residence of a citizen, in the second - to a permanent one. Also, a temporary residence permit offers a person fewer rights.
Temporary registration rights
What exactly are we talking about? Eviction from the apartment of a registered person (not the owner), if he has a temporary registration, is carried out without much difficulty. But before deciding this issue, you need to understand what rights the tenant has.
In the case of a temporary residence permit, a citizen can hope for the following opportunities:
- living on the territory of a particular dwelling for the allotted period;
- you need to pay utility bills according to the invoices;
- to protect rights and interests in housing issues.
As a rule, temporary registration quite often causes a lot of problems for homeowners. Especially if it comes about tenants with newborn children. But more on that later. To begin with, it is necessary to find out what a permanent residence permit offers to the population.
Registration: the rights of residents
The thing is that the registration of a citizen implies giving residents different opportunities. They depend on the type of registration. In general, registration is not much different. The rights and obligations of those registered in housing are approximately the same.
In the case of a permanent residence permit, a person can hope for:
- living in an apartment for an indefinite period;
- protection of housing freedoms, interests and rights under the RF Housing Code;
- participation in privatization (if the apartment is state or municipal).
In addition, the citizen must pay utility bills in in full... As you can see, a permanent residence permit allows people living in the territory to participate in privatization. 
A share in an apartment - is everyone entitled to a share?
The rights of the person registered in the apartment are already known. Residents can live in a particular territory, enjoy all the benefits of housing in order to ensure life. At the same time, it is necessary to respect the rights and freedoms of other citizens. So, for example, it is forbidden to disturb the peace at night.
Can registered citizens always get a share in this or that housing? No. For this, the property must be non-privatized, and the tenants in mandatory there is a permanent registration.
This means that one should not be afraid that tenants will be able to sue the owner of the premises for a share. This is simply impossible. Therefore, it is possible to register citizens without any fear.
Registration of children
The only thing that should be paid attention to is that if the issue of registration concerns minor children, then the owner may have problems in the future. For example, if the owner decides to sell the apartment.
The problem is that all people registered in housing have the right to register their minor children with them. Eviction in this situation will be carried out with the participation of the guardianship authorities. The child cannot be discharged anywhere, the parents will have to offer new housing. Otherwise, someone else's minor will keep a residence permit in the apartment. Buyers prefer not to mess with such property.
Grounds for eviction
The eviction of a registered person (not the owner) from the apartment is carried out only if there are certain grounds for this. There are a lot of them.
For example, in Russia, the following cases are most common:
- misuse of housing;
- damage to property;
- inappropriate behavior of the tenant (dangerous, inappropriate);
- disrespect for the interests and rights of other residents;
- expiration of the registration period;
- the desire of the owner of the apartment to get rid of unnecessary people;
- illegal behavior of residents;
- failure to comply with the terms of the contract with the owner of the home (if any);
- debts for utility bills.
All this serves as the reasons why a person can be evicted from the apartment. What are the scenarios for the development of events? 
Eviction methods
Eviction from a communal apartment, as well as from an ordinary one, takes place on one basis or another. The legislation of the Russian Federation prohibits depriving a person of his only home. But with the previously listed features, the citizen will have to leave the apartment.
Eviction is divided into several types. Namely:
- voluntary;
- peaceful;
- forced.
In the first case, the tenants themselves leave the apartment, changing their registration. In the second, the owner agrees to evict amicably. Forced eviction means forcing a person to vacate their home by court.
Before going to court, the owner must first offer the tenants to leave the home voluntarily. It is desirable to record all requests. They will help prove attempts at a peaceful settlement of the issue.
Features with non-privatized housing
Illegal eviction from an apartment in Russia is quite common. That is why citizens are trying to study this issue as best as possible.
Forced eviction from municipal apartment has some peculiarities. As already mentioned, it is impossible to deprive people of their only roof over their heads without reason. It is necessary to point out the presence of certain grounds for translating the idea into reality. 
In the case of municipal housing, the eviction is made for the following reasons:
- the resident has utility bills;
- violation of the housing legislation of the country;
- recognition of the apartment as emergency;
- plans for the reconstruction of housing or for its repair, which do not allow citizens to stay on the territory of the apartment during work.
All these grounds are sufficient for the eviction of a registered person (not the owner) from the apartment. At the same time, it will be necessary to take into account that City Administration is obliged to provide people with a new home.
No new housing
Nevertheless, sometimes there are cases in which eviction from a municipal apartment does not provide for security new apartment... This is a rare occurrence, but it still occurs.
So, the municipality can evict a person without providing him with new housing if:
- the conditions under which the apartment was provided for use have changed;
- residents have committed serious legal violations;
- the end of the period for which the state has allocated housing has come.
The decision to evict from the apartment without providing a new living space is taken only by the court. The judicial authorities will study all the materials of the case, the arguments of the plaintiffs and defendants, after which they will tell you how to proceed. 
Procedure
How is the eviction of a registered person (not the owner) from the apartment? What needs to be done to bring the idea to life?
The owner of the premises must adhere to following algorithm actions:
- Offer tenants to voluntarily leave the premises. These attempts, as already mentioned, must be recorded.
- Collect documents proving certain violations.
- Prepare a package of papers required for filing a statement of claim.
- Write a claim in which it will be detailed description situations.
- Go to court with all prepared papers.
- At the appointed time, take part in the court session.
- Get a court decision in your hands and act according to it.
Important: sometimes the owner's consent to evict citizens is not required. Most often, a similar scenario occurs if those living in the apartment violate the interests and rights of other residents.
About documents
Now let's proceed to the most important stage - the collection of documents. She will need to pay a lot of attention. After all, the plaintiff will have to prove his case.
Do you plan to file an application with the court? Eviction from the apartment can be carried out after the owner of the premises provides the following papers:
- passport (or other identity card);
- certificate of ownership of the apartment;
- extracts from the USRR;
- information on the composition of the family;
- an extract from the personal account of the apartment;
- evidence of violations of the RF LC or the impossibility of further living with a person in the same territory.
In fact, it all depends on the reason for filing a statement of claim. It is difficult to name an exact list of documents. But the papers brought to the attention are obligatorily presented to the court. 
Cheating and scammers
Now the so-called black realtors are actively working in Russia. These are scammers who are trying to take possession of someone else's home. After that, any person can be registered in the apartment and even sell residential property.
Black realtors work without any contracts. Therefore, it is almost impossible to evict such people from their apartments and regain their homes.
Now many unscrupulous realtors are registered in apartments with a social dysfunctional families... Then they pay off all debts and offer to buy good housing at a profit. One apartment / house is shown, and in the course of the transaction a completely different property is acquired. This option is bad because all actions of realtors are legal - families themselves sign the purchase and sale agreement. It is almost impossible to prove fraud. Therefore, you will not be able to write out realtors and return your home.
Former family members
Quite often, in practice, the spouse must be evicted from the apartment. If we are talking about a current family member, then getting rid of him is not so easy. There must be good reasons for this.
But former family members (mother-in-law, mother-in-law, spouse) are much easier to write out. It is enough to attach to the documents listed above:
- divorce certificate;
- documents indicating the termination of kinship with a person;
- payments in the name of the owner of the property;
- testimony of witnesses;
- extracts from Rosreestr indicating that the former relative has a different home.
In some cases, the owner of the apartment is obliged to provide the former relative with new housing. Such a decision is also made only by the court. It takes place only in relation to alimony-liable citizens.
Outcomes
Now it is clear how you can apply to the court. Eviction from an apartment is a question that is often resolved in judicial procedure... We already know the features of this process. Therefore, you can easily bring the idea to life. 
It should be noted that if minor children are involved in the process, then the likelihood of the plaintiff's loss increases. The guardianship authorities protect the interests of minors and do not allow them to be discharged anywhere.
You can take away the registration in the apartment when you change the owner of the property. This is another reason that allows you to get rid of unnecessary tenants. In this case, it is proposed to act according to the previously proposed algorithm. It is not so easy to deprive a residence permit.
Is it possible to evict a person from housing if it is the only one for him and his family? It would seem that the Constitution of the Russian Federation protects the citizens of its country, guaranteeing everyone a roof over their heads. However, the procedure for eviction by court order is not so rare, and the grounds for it can be very different. And most importantly - completely legal, established by such serious sets of legal acts as the Civil and Housing Codes of the Russian Federation.
We will understand in more detail what the grounds for eviction from different types housing, and whether the unpleasant procedure can be avoided or challenged.
Sections of the article:
Eviction from service housing
Service (or, otherwise, specialized) housing belongs to the category provided for temporary use (Articles 99-100 of the RF LC). The basis is the employment contract.
As a rule, the provision of such housing is practiced only in cases where the landlord and tenant are tied labor Relations... And the contract of employment is valid exactly as long as they exist: with the dismissal, the right to use the office housing also ends. This should be stated in the contract. 
There are exceptions related to the recognition of a dwelling as emergency, its demolition or its transfer to, the personal desire of the tenant in connection with the acquisition of his own apartment, etc. In the first three cases, other accommodation is provided.
What are the reasons that can induce the landlord to go to court with a claim to terminate the lease and the subsequent eviction of the tenants?
All of them are listed in Article 83 of the LC RF:
- violation of the rights and interests of neighbors (antisocial behavior, hooliganism, night noises, etc.);
- misuse of housing (for example, sublease or use for commercial and industrial purposes);
- non-payment for utility services without good reason over 6 months;
- deliberate damage to housing, leading to its destruction (illegal redevelopment, violation of sanitary and other standards, etc.);
After the trial, if the claim is upheld, the tenant and his family are required to vacate the apartment on time, or they will be forced to evict without providing alternative housing.
It does not matter that it was the only one. You can only count on a delay to find another place to live.
These include:
- old age pensioners;
- disabled people of I and II groups, the reason for their disability was the performance of their official duties;
- family members of a deceased employer or employees power structures, those killed in the line of duty;
- orphans.
All of them are obliged to provide other housing, but only if they are registered at this address and are recognized as needing housing.
Eviction from public housing
The owner of municipal housing is the state represented by local authorities authorities. A social tenancy agreement is concluded between the owner and the tenant, which gives the right to live and register in the apartment, but does not allow it to be disposed of. 
Unlike the situation with service housing, a social contract is concluded not for a specific period, but for life (Article 60 of the RF LC).
There are a number of objective reasons when an eviction can take place without the consent of the owner:
- emergency condition of housing,
- demolition of the whole house,
- transfer of premises for the needs of the state or church, etc.
But at the same time, alternative housing of the same or best quality necessarily provided. It is also provided in case of eviction for non-payment of housing and communal services, but it may be of a worse quality than the previous one.
Eviction at the initiative of the owner from municipal housing, without providing other premises for living, occurs for the reasons specified in Article 83 of the RF LC, and already listed above.
To them you can add more deprivation parental rights, when the apartment is left to the children, and the parents move out “to nowhere”. In all these cases, it is also not taken into account whether this housing is the only one. 
Only two categories of persons cannot be evicted without providing other suitable housing:
The eviction procedure for municipal and corporate housing is the same: if the tenant refuses to leave the premises in accordance with a court decision within the established time frame, he will be evicted by force by the bailiffs and the police.
It should be noted that the administration's appeal to the court is an extreme, last measure. Before this, attempts are made without fail. pre-trial settlement conflict situation: checks are carried out, warnings are issued, in case of non-payment of utilities, an opportunity to pay by installments is provided, etc.
If residents do not want to correct the violations committed or change their antisocial behavior, the authorities are forced to go to court.
The trial in these cases is carried out in detail and scrupulously, with the study of all the materials of the case, including testimony and supporting documents. The jurisprudence suggests that the verdict on eviction from the only housing is made not so often, but such precedents do take place.
Eviction from your own home
Eviction of the owner from his only home is impossible. This is clearly regulated by Article 446 of the Code of Civil Procedure of the Russian Federation. In the event of violations described in Article 293 of the Civil Code of the Russian Federation (destruction or misuse of housing, violation of the rights of neighbors), as well as a long delay in payment of utility services and other debts to individuals or legal entities, other penalties may be applied to him. 
Mainly administrative fines and court orders.
If the owner has other housing, then on the basis of a claim by local authorities, the court may decide to evict the disputable apartment and sell it at a public auction.
Part of the proceeds goes to pay off the debt or eliminate the consequences of destruction, the rest is returned to the owner. 
Exception in this case is, since it is pledged by the bank and is its property.
In the case of mortgage loan debts, the bank has the right to foreclose on the mortgage apartment and file a statement of claim with the court for eviction.
No extenuating circumstances, including the fact that the housing is the only one or the presence of minor children, does not apply in this case. The most that you can count on is getting a deferral for eviction.
Check-out procedure
The eviction procedure is carried out, as mentioned above, on the basis of a court decision. In case of non-fulfillment of this decision by the employer, a case on enforcement proceedings is initiated. Both the employer and the owner are notified of this. In addition, tenants who have not complied with the court decision will be required to pay an execution fee. 
The bailiff appoints new term eviction and notifies the tenants in writing, at the same time calling for the voluntary execution of the court decision, without the use of penalties and forceful measures.
When the new term has expired, the bailiff has the right to evict without prior warning.
The task of the bailiff in the framework of enforcement proceedings is to free the premises from people, property and pets. 
His rights and obligations are regulated by the Law on Enforcement Proceedings. In case of attempts to obstruct the actions of the bailiff, he can call on the police to help him, break the door and take measures to suppress aggression from the evicted tenants.
The eviction procedure is carried out in the presence of at least 2 attesting witnesses. Based on the results of vacating the apartment, two documents are drawn up:
The property continues to belong to its owners, but upon eviction without providing housing, it can remain in state custody for 2 months. In this case, a mark is made in the inventory about the place of its storage. Forced retention of property is possible only in case of default on debt obligations.
How to prevent eviction?
We have already understood that it is not only impossible to prevent the execution of a court decision, but is fraught with additional consequences. You can prevent eviction by fulfilling all your obligations for the maintenance of housing, dormitory rules, timely payment of debts and utilities. It is possible to challenge the court's decision, but in most cases it is futile. 
The tenant or the owner of the dwelling has a wide field for action to correct violations at the stage of warnings, as well as at the time of litigation.
To do this, you should contact a qualified, experienced lawyer.
He will help to collect evidence in favor of the client and will represent his interests in court. Do it yourself, without sufficient knowledge of the legislation and judicial practice is extremely difficult.
Often those who do not have legal education, think that it is impossible to evict a person who does not have a residence permit. That's just not the case.
The essence of registration
It is important to bear in mind that the term "registration" has become obsolete twenty years ago. Nowadays it is customary to say "". However, its presence does not mean a person's right to an apartment, in which it is registered.
The structure of the claim is as follows:
The document must be accompanied by written arguments testifying to the violation of the living conditions by the registered person.
The party filing the claim will have to pay a state fee... Sometimes copies of the divorce certificate and other necessary documents are attached to the application.
The application must be submitted to the court in copies, equal to the number people taking part in the case.
Non-Residence Act
This act is usually make up upon divorce if one of the family members will live in another house or apartment. It is also necessary upon eviction of a missing person.
When drawing up an act on the non-residence of a person at the place of registration, it is indicated where the document was drawn up, the date of the people present, as well as the circumstances of its writing.
In addition to the originator, the document must be signed by witnesses, the district police officer and the head of the housing office.
It is also necessary that this document be recognized by the court. Certain there are no requirements for the structure of such an act... There is only an everyday idea of how to draw up such a document.
Eviction of the convicted person
There are many subtleties to this question. For example, let's take this situation - someone's relative is sentenced to imprisonment.
The question arises - do the homeowners have the right to evict him, if the defendant.
According to experts such a right for landlords, no, because you can only evict those who use this premises, and a relative in this moment is not here.
It is important to remember that in this case it is necessary to remove your relative from registration.
Just do not forget that, having been released, he gets the right to restore his residence permit, even if the plaintiff does not want to.
Eviction of a minor child
Everyone knows that children's rights are especially protected by law. However, despite the action of the new Housing Code RF, and their eviction are still the cause of disputes.
It is believed that the child, on an equal basis with the spouse, is former member families. On the other hand, this is not so, because even someone who has been deprived of parental rights must contain a child.
Recently in Family code RF changes were made. Thus, the law "On the protection of children's rights" was adopted, which states that even if the parents divorced, both of them are obliged to take care of the child.
This means that it is problematic to evict the child from the home, because in the event of a divorce of the parents he can use the apartment until the age of eighteen... Only upon reaching this age can he be evicted on a general basis.
It is important to keep in mind that there are exceptions to this rule. So, if the owner of the home decided to sell it to a relative, then new owner has the right to evict the child.
After all, the transfer of the right to own an apartment to another person gives him the right to dispose of the premises, including to evict the tenants.
However, relatives can return the child after eviction.
Eviction of the ex-spouse after divorce
The issue of eviction of the ex-spouse after a divorce becomes relevant when one of the parties does not have an apartment of its own. Because of this, even without being in a family relationship, people are forced to live in the same room, because one of them cannot leave.
Here are some tips on how to resolve this issue:
- Before going to court, you need to collect the necessary documents - an eviction claim, a divorce certificate. The defendant must be warned about filing an application with the court.
- You need to pay the state fee and put the receipt in the documents.
- Those who live in a departmental apartment must prove that the spouse is not using the premises. This can be confirmed by witnesses, for example, neighbors.
- If the spouse is the owner of the home, he cannot be evicted. Especially if he privatized the premises. However, you can buy out his part of the apartment and evict his spouse.
It is important to remember that sometimes the court can postpone the eviction of a spouse if he proves the difficulty of finding a new apartment.
Eviction of a temporarily registered
Finally, let's talk about how to evict a temporarily registered person. Let's analyze this situation - let's say the owner has the right to most housing, the rest belongs to one of his parents. His brother also lives in his apartment with his wife.
Does the owner and his parent have the right to evict his brother and wife if the latter have not lived here for a long time?
If relations with former relatives are difficult, then experts advise file a claim against former tenants for the latter to be evicted. As a rule, the court in such a situation gives a positive answer to the discharge of a person from the apartment without the consent of the latter.
Video: Eviction from an apartment and other living quarters
The video consultation of a lawyer explains the grounds that allow you to evict a person without his consent from the owner's living space.
Eviction from an apartment is a rather complicated process, the procedure is strictly regulated by the state and is carried out only through the courts. What is the procedure for check-out in each a separate case? We will answer this question in our article.
Established by law - the right of all residents of the Russian Federation to housing is proclaimed and protected by the state. But, this rule does not exclude the possibility of discharging a person from the dwelling, if there are sufficient grounds for that. The reasons that lead to filing a lawsuit can be very different and largely depend on whether the citizen is the owner of the home and whether he is registered on this living space. The most difficult thing is to evict the owner from the apartment, since he has the largest amount of rights in relation to his property. At the same time, it is already much easier to deprive the tenant of the right to live in the apartment, but it is also important which lease agreement is concluded - commercial or social. Earlier, in the previous article, we already voiced possible reasons eviction of citizens from the dwelling with the provision of other housing and without it. Now we will consider the options for eviction in extrajudicial and judicial procedure in more detail.
Out-of-court eviction from a dwelling
In legal practice, there are cases when the eviction is carried out without bringing the case to court. First of all, this happens when there is a danger to the life and health of residents, for example, when a part of a building collapses or a threat thereof. In such cases, delay may have sad consequences, therefore, it is not possible to wait for a court decision.
Out-of-court eviction notice
In situations where court intervention is not required and the tenant is the initiator of the termination of the lease agreement, he does not need to coordinate his actions aimed at terminating the agreement and vacating the housing. It is only necessary to follow a certain procedure, in particular, to notify the owner of the home in a timely manner about his desire to leave the dwelling: this must be done three months in advance and must be done in writing. After three months, the contract will be considered terminated automatically. If the owner of the home is the initiator of the termination of the contract, he must also send a notice to the tenant at the same time. In addition, if the tenant does not live alone in the dwelling, he will need to obtain written consent to terminate the employment contract of all those citizens who live with him.
The procedure for eviction from a dwelling in a judicial proceeding
At the request of either party, the social employment contract can be terminated in court. Consider the most common cases of going to court when eviction from a citizen's apartment is required.
- Eviction of a registered citizen
We note right away that registration at the place of residence does not give a citizen the rights to a specific dwelling, it is only a confirmation of the legality of his residence in it. Forced deregistration of any tenant can be performed:
- only by the owner of the home;
- only on the basis of a court decision.
In this case, a statement of claim for eviction will be submitted to recognize the evicted tenant as having lost the right to live in this apartment. In this case, the plaintiff must provide irrefutable evidence that there are really good reasons for depriving a citizen of such a right.
- Eviction of an unregistered citizen
If a person lives in an apartment without registration, is not associated with the people living in it family ties then no legal rights he does not have to be in it. In such a situation, if the tenant does not want to voluntarily leave the dwelling, the owner has the right to resort to the help of the police. If we are talking about a lease agreement, then it can only be terminated through a court, if its validity period has not expired.
- Eviction of a spouse - not a homeowner.
When a citizen does not have property rights to a specific living space, it is much easier to write him out, you only need to provide evidence that he has no grounds for living in this living space. Only the spouse who owns the home can apply for eviction. Even if the spouse is registered on the living space, it will be possible to remove him from registration on the basis of a court decision. An exception is the eviction of a minor child, the sale of whose share cannot be formalized without the permission of the guardianship and guardianship authorities.
- Eviction from a municipal apartment.
Only the owner can evict from the municipal dwelling received under a social tenancy agreement, bound by provisions law:
- compulsory compliance with the judicial order of eviction;
- there must be a good reason for doing so.
As a rule, eviction from a municipal apartment implies the provision of alternative housing in return, but there are exceptions, for example, when eviction for noise and violation of the rights of neighbors, other housing is not provided.
- Eviction from a privatized apartment.
There is a transfer of residential premises into private ownership, following the completion of this procedure, the new owner has the right to ask everyone who does not have these rights to leave the apartment. The exceptions are:
- minors;
- dependents;
- Citizens who voluntarily refused to participate in the privatization, but are registered in this apartment.
Another reason for eviction from a privatized apartment is the requirements of the bank that issued a loan secured by this property. If the borrower is unable to repay the loan, the bank has the right to sell the pledged property by confiscating the property and selling it at auction.
- Eviction from the apartment for non-payment of utilities.
One of the reasons for this is the delay in utility bills for only 6 months. At the same time, the law provides for the obligatory provision of housing of a smaller area during eviction for this reason, so that tenants can pay for it.
Important! Evict due to delay utility bills the owner of the home cannot, however, you can collect debts from him through the courts. Must file a claim Management Company, on the basis of a court decision, the bailiffs can make an inventory and seizure of property, and subsequently realize it in favor of paying off the debt.
- Eviction from the apartment of the former spouse.
It should be noted right away that a former spouse after a divorce can not be evicted in all cases. So, if the disputed apartment was bought during marriage, it will be recognized as common property, therefore, owned by both spouses equally, and the owner cannot be evicted. If former spouse he has no rights to housing; upon divorce, his right to live on the living space is terminated. A spouse can be discharged from a municipal apartment in case of divorce only if he / she is not included in the social employment contract, then you just need to go to court and provide evidence of termination family relations, which will become the basis for eviction. If both spouses are tenants, then they have equal rights to an apartment, and housing actually turns into communal housing.
Important! When considering a case, the court may decide to preserve the right to use the apartment for a certain period of time for the evicted spouse, for example, to find another home, if there is none yet.
- Eviction from the apartment of the illegally resident.
It is carried out in court after establishing the fact of illegal residence. The homeowner applies to the court, where he provides evidence of his right to a specific living space and the absence of such rights for illegal tenants.
- Eviction of a minor child from the apartment.
The law provides for such a possibility only in one case - if the apartment is sold by the child's parents. The new owner has the right to demand the release of the apartment from all former residents, including minor children. Until the age of majority, a citizen cannot be evicted from a municipal apartment or from an apartment of one of the parents after a divorce. This also applies to cases when the court left the child with another spouse, since the child cannot be recognized former relative, and he has the right to live in the apartment of any of the parents who have not been deprived of parental rights.
