Forced eviction from a residential premises - the only way out in some situations, when a person who does not have the right to live in an apartment categorically refuses to move out. How to evict an apartment depends on many factors: the type of premises and who needs to be evicted: the owner, a registered person or an outsider.
Eviction from residential premises
Typically, an apartment that is provided as service housing is evicted only when the tenancy agreement is terminated. And it is valid as long as the person continues to work in the organization that provided the apartment. But there are a number of exceptions to the grounds for eviction from office premises:
- death of a tenant (tenant);
- recognition of the building in which the apartment is located as subject to demolition;
- voluntary desire of the resident;
- court decision;
- agreement of the parties.
An employer can go to court in the following situations:
- the tenant systematically does not pay utility bills for more than six months;
- a person living in an apartment violates the rights of neighbors living with him;
- the apartment is not used for its intended purpose;
- in case of damage to the residential premises or its destruction. This rule also applies to the pranks of young children, since parents are responsible for them.
Eviction from a municipal apartment
There are three ways to evict citizens from apartments that were provided to them under a social tenancy agreement:
- Providing other equipped living space with all amenities.
- Providing housing without amenities.
- Without issuing another living space.
The court may satisfy a claim for eviction from a municipal apartment with the provision of other comfortable premises in the following cases:
- The building in which the tenant lives with his family is subject to demolition.
- The housing was declared unfit for habitation.
- The apartment is given to a religious group.
- With renovation work, after which the area of housing will change.
If a person illegally resides in a residential area, forced eviction without the provision of other housing is possible.
Eviction of illegal residents
Sometimes life turns in such a way that you have to get rid of people who have illegally occupied your home. Relatives who came to stay and stayed late, friends who don’t want to leave, an ex-spouse - they will be able to explain on what grounds they are in your living space in the first place. Do you think that if you are the owner, you can easily carry out forced eviction from your apartment? It is not that simple. We need grounds for eviction of illegally residing persons.
Uninvited guests can be expelled on the following grounds:
- with their consent;
- By the tribunal's decision;
- with the sanction of the prosecutor, if the building is in disrepair or the living space is occupied without your consent.
Eviction without provision of other housing is possible in the following cases:
- residents do not comply with the rules of residence;
- housing has been damaged;
- it is not used for its intended purpose;
- the premises are occupied without permission, without any documents.
If the persons who have occupied your apartment without permission refuse to move out, you cannot do without a trial. Evicting a citizen who is not the owner, but a registered citizen, from an apartment is more troublesome than an ordinary tenant. The question often arises whether it is possible to evict a minor from an apartment. This issue is resolved for the most part not through housing legislation, but through the protection of the rights of minors.
What evidence must be provided if there is disgraceful behavior by residents?
- The official response of the police to your appeal.
- Certificate from the Housing Office about rent arrears or public utilities, if they have not paid for more than six months.
- Testimony from witnesses that the apartment was damaged.
- A certificate from the housing authority stating that the living space is not being used for its intended purpose.
- Any official documents that confirm Negative influence for housing.
- A lease agreement that states that people should have left the premises a long time ago.
You should provide the court with a document stating that they tried to resolve the case peacefully. The court also needs to explain as accurately and completely as possible what rights the tenants violated and why they should be evicted.
As a rule, forced evictions take a very long time: in the best case, unwanted people will move out in three months, but the matter can drag on for several years. We recommend that you contact us; our lawyers will competently turn the case in your favor, so that the court does not have additional questions and the case does not drag on.
How to file a claim?
On the piece of paper on the right, indicate your full name, name of the court, address of the property, and the basis for its ownership. It is necessary to list everyone who is registered in the apartment. Please note: only the owner of the living space can file a claim. Next, you can make a demand: I ask you to evict the following persons (full full name of each) from my apartment (address) and deregister at this address (if the latter is necessary). Evidence of the violations listed above can be attached to the application.
Evicting strangers from an apartment is a long and troublesome task. It is best to insure yourself against such unintended situations. If you are renting a home, draw up an agreement that specifies its validity period. Do not allow strangers to register in your apartment. Evicting a registered person, not the owner, from an apartment is very troublesome. Otherwise, you may not be able to evict him later. Only an experienced lawyer can not only turn the case in your favor, but also reduce the eviction timeline as much as possible.
Eviction of a registered person, not the owner, from an apartment
It is not always the case that people registered in an apartment leave voluntarily, at the first request of the owner. Much more often this matter is resolved through the courts.
The apartment owner has the right to file a claim and has every chance of winning the case if:
- The person lives at a different address and does not pay utility bills.
- Stopped marital relations. There will be no problems if the apartment was privatized before marriage.
- One or both parents were deprived parental rights. In this case, parents are forced to leave their home.
In all other cases, we strongly recommend that you contact us. Our lawyers will take into account all the nuances of the case, find loopholes in the law and help you evict a registered person from the apartment, who is not the owner of the property.
How to evict an owner from an apartment
Many people are mistaken when they think that it is impossible to evict the owner legally.
He can be kicked out the door if he doesn't pay his utilities, usually for more than six months. But it is possible to evict a person from his own apartment for such a reason only in a situation if he has another living space.
If an apartment is owned by several people, and one of them constantly violates the rights of others, it is quite easy to force him to leave the living space. You can be evicted for regular non-compliance with the rules fire safety, sanitary standards and hygiene rules. And also for violations of the use of the apartment: playing loud music at night, breeding animals, turning the apartment into an office, warehouse or brothel.
Of course, evicting an owner from an apartment is difficult and troublesome. However, if strong evidence is provided to the court, this is possible. You should contact the police, authorities local government, sanitary-epidemiological and other services and collect all protocols and certificates given by these organizations. For example, significant evidence will be a noise level measurement protocol and the opinion of fire safety experts.
The owner has the right to evict if the house in which the apartment is located is used for the needs of the municipality or the state. In this case, the owner will be paid an amount that will cover the costs of purchasing a new home and moving. If desired, the owner may be provided with an apartment equal in value to the previous one. Eviction is voluntary, without
Housing can be repossessed in favor of the creditor for non-payment of debt obligations. This happens due to failure to comply with the terms of the banking agreement or in case of malicious failure to repay the mortgage.
What to do if they try to evict you?
In such cases, each situation is individual. You should consult with professional and experienced lawyers who will analyze the situation and help you collect everything Required documents and will protect your interests in court. We cannot give specific advice here, we can only recommend contacting us. Our lawyers will do everything possible to ensure that the court decision is as beneficial as possible for you.
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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 head. However, the procedure for eviction by court decision is not such a rare phenomenon, and the reasons 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.
Let's take a closer look at what the grounds for eviction may be. various types housing, and whether it is possible to avoid the unpleasant procedure or challenge it.
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 Housing Code of the Russian Federation). The basis is the rental agreement.
As a rule, the provision of such housing is practiced only in cases where the landlord and tenant are connected labor Relations. And the rental agreement is valid exactly as long as they exist: with dismissal, the right to use official housing also ends. This must be stated in the contract. 
There are exceptions related to the recognition of a residential premises as unsafe, its demolition or transfer to, the personal desire of the tenant in connection with the acquisition of his own apartment, etc. In the first three cases, alternative accommodation is provided.
What reasons might prompt a landlord to file a lawsuit to terminate the lease agreement and subsequently evict the tenants?
All of them are listed in Article 83 of the RF Housing Code:
- violation of the rights and interests of neighbors (antisocial behavior, hooliganism, night noises, etc.);
- use of housing for purposes other than its intended purpose (for example, subletting or use for trade and production purposes);
- non-payment for housing and utility services without good reasons over 6 months;
- intentional damage to housing leading to its destruction (illegal redevelopment, violation of sanitary and other standards, etc.);
After the trial, if the claim is satisfied, the tenant and his family are obliged to vacate the apartment within the established time frame, or they will face a forced eviction procedure without the provision of alternative housing.
It does not matter that it was the only one. You can only count on a delay to find another refuge.
These include:
- old age pensioners;
- disabled people of groups I and II, the cause of whose disability was the performance of their official duties;
- family members of the deceased employer or employees security forces who died while performing their official duty;
- orphans.
All of them are required to be provided with other housing, but only if they are registered at this address and are recognized as in need of 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 official housing, a social rental agreement is concluded not for a certain period, but for life (Article 60 of the Housing Code of the Russian Federation).
There are a number of objective reasons when eviction can occur without the consent of the owner:
- emergency condition of housing,
- demolition of the entire 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 must be provided. It is also provided in case of eviction for non-payment of housing and communal services, but may be of worse quality than the previous one.
Eviction at the initiative of the owner from municipal housing, without the provision of other premises for living, occurs for the reasons specified in Article 83 of the Housing Code of the Russian Federation, and already listed above.
To these can be added the deprivation of parental rights, when the apartment is left to the children, and the parents are evicted “to nowhere.” In all of these cases, it also does not take 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 in the case of municipal and service housing is identical: If the tenant refuses to leave the premises in accordance with the court decision within the established time frame, he will be forcibly evicted by bailiffs and police.
It should be noted that the administration filing a lawsuit is an extreme, last resort measure. Before this, attempts must be made pre-trial settlement conflict situation: inspections are carried out, warnings are issued, in case of non-payment of utilities, the opportunity to pay in installments is provided, etc.
If residents do not want to correct the violations 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 materials in the case, including witness testimony and supporting documents. Judicial practice suggests that a verdict on eviction from a single home is not made very often, but similar precedents do occur.
Eviction from your own home
It is impossible to evict the owner from his only home. This is clearly regulated by Article 446 of the Code of Civil Procedure of the Russian Federation. In case of violations described in Article 293 of the Civil Code of the Russian Federation (destruction or use of housing for other purposes, violation of the rights of neighbors), as well as long delays in payment of housing and communal services and other debts by individuals or legal entities, other penalties may be applied to him. 
Mainly administrative fines and court orders.
If the owner has other housing, then, based on a claim from local authorities, the court may decide to evict the disputed apartment and sell it at 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 in this case is, since it is pledged to the bank and is its property.
In case of debts mortgage loan The bank has the right to foreclose on the mortgaged apartment and file a claim with the court for eviction.
No mitigating circumstances, including the fact that housing is the only one or the presence of minor children, apply in this case. The maximum you can count on is to receive a deferment on eviction.
Eviction procedure
The eviction procedure is carried out, as mentioned above, on the basis of a court decision. If the employer fails to comply with this decision, enforcement proceedings are initiated. Both the tenant and the owner are notified of this. In addition, residents who have not complied with the court decision will be required to pay an enforcement fee. 
The bailiff appoints new term eviction and notifies the tenants about this in writing, while simultaneously calling for voluntary execution of the court decision, without the use of penalties and force.
When the new period has expired, the bailiff has the right to carry out eviction without prior warning.
The task of the bailiff in the framework of enforcement proceedings is to clear the premises from people, property and pets. 
His rights and obligations are regulated by the Law “On Enforcement Proceedings”. If there are attempts to interfere with the actions of the bailiff, he can, calling upon the police to help him, break down the door and take measures to suppress aggression on the part of the evicted residents.
The eviction procedure is carried out in the presence of at least 2 witnesses. Based on the results of vacating the apartment, two documents are drawn up:
The property continues to belong to its owners, but in the event of eviction without the provision of housing, it may remain in state custody for 2 months. In this case, a mark is placed in the inventory indicating the location of its storage. Forcible retention of property is possible only in case of non-fulfillment of debt obligations.
How to prevent eviction?
We have already realized that preventing the execution of a court decision is not only impossible, but also fraught with additional consequences. You can prevent eviction by fulfilling all your obligations regarding housing maintenance, hostel rules, and timely payment of debts and utilities. It is possible to challenge a court decision, but in most cases it is futile. 
The tenant or owner of the residential premises has a wide scope for action to correct violations at the stage of warnings, as well as at the time of trial.
To do this, you should contact a qualified, experienced lawyer.
He will help collect evidence in favor of the client and will represent his interests in court. Do it yourself, without sufficient knowledge of the law and judicial practice, extremely difficult.
One of the most unpleasant and delicate cases is considered to be eviction from housing. How to evict a person from an apartment is usually regulated through the court. Actions requiring the eviction of a person from an apartment in various situations.
How to evict from a privatized apartment
Often a person does not want to voluntarily leave the living space of privatized housing. Having become property owners, many began to wonder how to evict a relative from an apartment who is not registered in it. According to the legislation of the Constitution, everyone has the opportunity to privatize housing. According to the law, a person has the right to register in it and not lose his place of residence without good reason.
If a registered person loses the right to use living space, then she is deregistered against her will. The absence of such rights can only be confirmed by a court decision that has entered into legal force. It will take a lot of effort and patience to obtain it.
Those who moved in after the state transferred the property to the owner may find themselves deprived of the right to live in it, so it is first necessary to clarify whether a particular person really does not have the right to live in a given apartment. If at the time of privatization a person did not have property rights, then he will not have them after the procedure. Minors fall under the exception - children have living space legal right. Only the board of trustees can give consent to their eviction if they are provided with other housing.
When clarifying the circumstances of the case in court on the issue of deprivation of use of living space, written confirmation from the remaining owners is required that they agree with the expulsion of the tenant. If they cannot appear at the hearing of the case, notarization is carried out.
Along with the claim, attached is a receipt for payment of the state duty and a document confirming that the evicted person has been notified of the filing of the claim. The judge may grant the evicted person a deferment of six months to one year. After the decision has been made in judicial procedure, deregistration occurs quickly. With a court decision, you need to contact the Housing Office and write a petition to remove the evicted tenant from registration. Further, this issue is resolved without your participation.
Eviction from non-privatized housing
There are several options for eviction from premises that were not privatized at the time. First, find a lawyer who will advise you on all issues and defend your interests in court. If you can't resolve conflict situation peacefully, collect necessary documentation or testimony.
The claim is submitted with the required documents and certificates. It must state compelling reasons for evicting the tenant. Military conscription can also serve as a reason for official eviction, so collect papers confirming this fact.
How to kick a person out of a municipal apartment
If a citizen lives in the premises under a social tenancy agreement, then it is easy to evict him by checking him out himself. If you can’t evict yourself, then you can resort to the help of the police. If the person being evicted is the owner of privatized housing, then evicting him is an almost impossible task, but an exchange agreement can be concluded.
If a registered resident did not pay utilities or rent 6 months, the landlord has the right to file a claim and documents confirming the fact of non-payment in the district court.
The following documents must be attached to the application:
- Facts that prove that he needs to be evicted (unpaid receipts, evidence of disturbance).
- Archival certificate in form No. 9 confirming the registration of the evicted person. Its validity period is one month.
- State duty receipt.
A date and signature are affixed to the application, after which the case will begin to be considered within the established time frame.
Grounds for eviction:
1. Testimony of neighbors, certified by the housing office, that the citizen lived in another place for a long time.
2. If housing was purchased before marriage and one of the spouses ceased to be a family member, then a divorce certificate must be provided as a basis.
3. Non-participation in paying bills and maintaining housing. The court will be on the side of the one who paid the receipts and put his signature there.
The court will consider arguments why payments were not made. There are several valid reasons why the defendant could not make timely payments, for example, a difficult financial situation associated with:
- job loss;
- difficulties in finding employment;
- salary delays;
- non-payment of pensions;
- poor health.
How to evict a tenant from an apartment voluntarily or forcibly?
A person can be evicted from a privatized area by mutual agreement or by force. A citizen can personally contact the passport office with the necessary application, which will be reviewed within three days, after which he will be deregistered with a note in his passport.
Only on a voluntary basis can the following persons be evicted:
- having equal rights to use living space;
- receiving alimony.
Sometimes even the owner of the property can be expelled from a privatized premises if serious violations have been found and proven by self-government bodies. First, he is presented with demands to eliminate them. If he refuses to do this, then the authorities have the right to sell the housing at auction. Part of the money goes towards expenses trial, the rest is given to the owner.
If the housing is not privatized, and the tenant is evicted voluntarily, then one application to the passport office is enough. Men must have a military ID with them. If a person refuses to voluntarily leave the occupied premises, they resort to forced eviction through the court.
To do this, the plaintiff must:
- write a corresponding claim;
- attach property rights;
- pay the duty.
The court makes a verdict after the trial, then the passport office has every right to discharge the tenant.
For forced eviction you must:
- File a claim at the address of residence of the evicted person.
- Provide evidence for eviction.
In addition, you must provide the following documents:
- reasonable grounds for eviction;
- a copy of the housing order or rental agreement;
- technical certificate of the premises;
- certificate of registration of housing in form No. 9;
- paid duty.
Having all the documentation will significantly speed up the trial and simplify the process of making a judgment. With a fully collected evidence base, it is possible to achieve a prompt decision to evict a person. To evict a child, they look at when he was registered. If before privatization, then the consent of the board of trustees will be required. If after, then he can be evicted due to his parents being deregistered.
Eviction from public housing
Persons living in municipal premises are not its owners, since it belongs to the municipality and is maintained by the housing stock. Tenants may be evicted if:
- loss of rights to reside in an apartment;
- termination of the employment contract;
- systematic non-payment of utility services;
- violation of order;
- violation of operating rules;
- in case of emergency condition of housing;
- death of the employer.
For a new homeowner, eviction former owners usually not a serious problem, all agreements with the previous owner are canceled. If the tenants refuse to voluntarily move out of the apartment at the insistence of the new owner, then they should file a lawsuit.
Eviction of persons serving sentences
Merely having a criminal record is not enough to evict a convicted person for a prison term. While the tenant is serving his sentence, he is removed from the registration register. At the end of his prison term, he must be registered again. However, he can be evicted if he:
- does not pay utility bills;
- became former member families.
Debauchers and uninvited guests
With sufficiently formed legislative charges, the eviction of rowdies usually occurs on a forced basis. You can kick uninvited guests out of your apartment if you have violated public order and the rights of neighbors, as well as according to the testimony of the district police officer. The evidence is accompanied by a claim and a receipt with the paid fee. If the testimony is confirmed, the court grants the request to evict the rowdy.
How to evict a person from an apartment without consent
Without the consent of the person living there, he can be expelled through the court with the following arguments:
- Unbearable Cohabitation together with the evicted tenant (alcohol and drug abuse).
- Non-payment of utilities by the tenant.
- Has not lived at this address for a long time.
- Housing received as a gift or inheritance in which other people are registered.
- Moving to another place of residence after divorce.
Who can't be evicted
Even if the owner wishes and goes to court, certain categories of people cannot be evicted, these are:
- dependents of the homeowner;
- children without parents;
- minors with registration in municipal premises;
- former family members left homeless;
- under a rental agreement;
- unknown missing.
Special circumstances
It happens that in unforeseen situations there is a need to promptly expel a tenant. If you cannot resolve the case using the usual methods (lawsuit or voluntary eviction), then you should contact a legal organization for advice. Having considered a specific case, lawyers will help you find best option resolution of the issue.
Many believe that a situation where 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 a legal eviction scenario. 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. Let's consider possible options evictions from the apartment provided for 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 conflict in eviction cases. The situation in legal practice, when after a divorce a husband or wife remains homeless, may have several main reasons:
- the 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, several possible outcomes are possible. In fact, if one of the spouses had their own apartment before the official registration of 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 consist of delaying the time of eviction of registered tenants. The court, when considering a case, takes into account many factors, and it is they that influence 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 for the evicted spouse may also be used for deferment.
If in this period time, his (her) finances do not allow him to rent housing, and his square meters no, then the execution of the eviction decision may be delayed for a period of one to three years.
Talk about a specific result court session This issue is quite difficult. Since each situation has its own nuances that may affect the court’s decision. But in any case, the outcome is the same - the eviction of the ex-husband or ex-wife. Moreover, this decision applies to 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 husband. But usually this may apply to cases where there are alimony obligations and financial support allows you to perform this step.
If we are talking about expelling a tenant from a non-privatized apartment, then resolving the issue will be a little more complicated. In such a situation, each spouse has the same rights to living space. Since a non-privatized apartment implies that all residents registered in it bear equal responsibility for paying utility bills and maintaining the housing 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 housing and communal services is not made;
- actual non-residence on the territory.
But to prove this, it is necessary to provide the court with very strong arguments. Only after collecting the necessary documents and evidence can you file a lawsuit for the forced eviction of one of your former spouses.
It is very important to note one of the factors - this presence of minor children. This moment may make its own adjustments. The basic principle is:
If children under 14 years of age are registered in the living space, 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 collect the necessary package of documents and witness testimony. The main reason for such eviction may be the death of a person, long-term residence abroad, etc.
My specific situation you can describe it to our lawyer online, who will answer your questions free of charge regarding the eviction of a tenant from a non-privatized apartment.
Sometimes happy event purchases new apartment may burden the presence of residents registered in it. This happens when there is an illiterate approach to the purchase and sale process. But this issue can be resolved quite easily, since Civil Code The Russian Federation clearly regulates that:
Registration of purchase and sale automatically terminates the rights to use the housing of previous family members.
Therefore, feel free to go to court with an application for the forced eviction of the remaining tenants. But even here, protracted court cases are possible if these are minor children. Therefore, in order not to end up in a heap of lawsuits after purchasing an apartment, you should make sure for yourself that there are no registered tenants.
Rented housing: real reasons for eviction of tenants
If for some reason the tenant refuses to check out of the rented apartment, then you can go to court with statement of claim about his forced eviction.
There may be several possible reasons for eviction. And the decision of many of them depends on whether the apartment rental document was officially drawn up, and what points were taken into account in it.
If the agreement concluded between you is legally correct, then it is quite easy to expel the 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, inappropriate behavior of tenants, bad attitude to property, drunkenness, etc. But it is important that the reason for which the owner intends to expel the guest is specified in the contract. This course of the case allows us to speak of an almost 100% positive resolution of the issue in favor of the landlord.
If you are planning to sell living space, the lease period of which has not yet expired, then here you should amicably discuss the issue of the possible discharge of tenants ahead of schedule. The legislation of the Russian Federation (Article 675 of the Civil Code) says that a change in the owner of housing is not the reason for termination of the rental 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 with a mortgage. At the same time, the payment arrears should grow to quite large amounts. Banking institutions usually do not rush through the procedure of eviction from an apartment, since they are not interested in the living space itself as such. Why? Banks live off the interest on the loan, so it is in their interests to get the borrower to pay his debts. But if numerous reminders about the need to repay the debt do not bring any positive results, then the bank may decide to evict the defaulter from the collateral property through the court.
According to the law, the bank must notify the debtor one month before the eviction procedure, giving a chance to pay off the debts. But the owner still has a chance to return the property even after he evicts. 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, an evicted tenant may be given temporary housing, subject to eviction from the apartment for which the loan was taken. For these purposes, there is a specially created reserve housing stock.
Can I be evicted from an apartment for debts on utility bills? Of course, but there are many subtle points here too.
Eviction on this occasion becomes possible only under a social tenancy agreement, but this does not mean a specific eviction, here we are talking about a reduction in living space. That is, such guests are evicted from this home and given a much smaller apartment outside the square and possibly in another area of the city. This is described in the Housing Code of the Russian Federation (Article 90).
If the apartment is privatized and the owner does not have other private housing property, then failure to pay and the presence of debts for utilities is not a reason for his forced eviction, according to the legislation of the Russian Federation. The maximum that can threaten a willful defaulter is the shutdown of utilities and seizure of property by court order.
If the owner’s property includes other housing, then the privatized apartment for which payments have not been made may be seized by bailiffs, and the owner is forcibly relocated to his other living space.
The eviction procedure does not entail repayment of debt or penalties on the resulting debt.
It is worth noting that if the delay in payment for housing and communal services consists of non-payment wages or other payments, then this reason will be considered valid and may affect the decision to evict.
The most difficult situation is when, in addition to utility debt, the resulting mortgage debt is also added. The situation here may turn out to be such that the owner will simply be put out on the street without even being given a room. This harsh regulation slightly reduced the risks of credit institutions.
Antisocial behavior of apartment residents
Very often in our practice we are faced with the question: how to evict neighbors from an apartment for drunkenness and regular inappropriate behavior that interferes with the peace of other residents of the house.
Disorderly behavior and violation certain rules Living in a multi-storey residential building can lead to eviction. And in this case it does not matter whether the tenant is the owner or lives under a social tenancy agreement. But the process of eviction on this occasion is quite long and requires special efforts.
The difficulty lies in the fact that it is necessary to provide evidence that one of the residents of the house violates the rest of the rest. 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 integral evidence in court.
It's important to remember that one recorded act of violation is not sufficient for the eviction procedure. After the first protocol is drawn up, a warning is usually issued. Sometimes there may be several such preventive measures, often in cases of not very serious illegal actions. But if the tenant does not stop his antisocial actions, then the case can be taken to court at the request of his neighbors.
We list the so-called antisocial actions that can lead to eviction:
- use of the living space of an apartment for purposes other than living in it, for example, conducting trade or entrepreneurial activity;
- maintaining drug dens on the premises of the apartment;
- violation of the rights of residents of the entire house;
- regular drunken brawls.
It should be noted that eviction from an apartment for such a reason implies the sale of property and payment of compensation to its tenant. A certain amount of money for repair work to put the apartment in order may be deducted from the sale price. The rest of the amount is given former owner housing.
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.
- Follow the sequence of handling. First, law enforcement agencies local administration, statement of claim to the court.
- It is better if the statement 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 considered extremely rarely.
A positive decision on this issue requires a lot of effort and financial costs, so it is important to be patient and understand that evicting a persistent troublemaker is not so easy.
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 involve depriving parents of their right to a child, when they lose their apartment and are evicted from it.
This can also include court cases compiled on the basis of an appeal from building residents 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 your apartment and you don’t know what to do, then our lawyer online ready answer any questions you may have regarding this matter. Just write in the form at the bottom of the page and wait for a response.
Those who have ever encountered the need know how difficult this process is, even if the tenant being discharged is not the owner of the living space or its share.
Often, the deregistration procedure is delayed for a long time and may even end in vain, so the forced eviction of citizens must be approached legally competently.
First of all, it is necessary to check whether the legal conditions required to evict a registered tenant are met. Otherwise, the entire eviction procedure will not be practical.
In addition, in order to resolve the situation positively, the interested party needs to thoroughly understand the legislative foundations of Russian housing, civil and administrative law or enlist the support of experienced lawyers, knowledgeable about the nuances eviction of citizens from residential premises.
Legal grounds for eviction of registered tenants
Eviction from a living space of a citizen (not the owner) registered there is permissible when his right to reside in the relevant premises has ceased to be valid.
Termination of citizens' rights to reside may relate to the following circumstances:
- change in family status (for example, divorce or deprivation of parental rights);
- the end of the contractual terms (this mainly applies to rental agreements and other contracts concluded with the registered tenant for a temporary period);
- various actions of the authorized authorities (seizure, transfer of the relevant housing) or termination of the existence of housing;
- dismissal, release of a registered citizen from his position (upon registration in official and special housing);
- prohibited by the legislator, illegal behavior of a registered tenant (for example, the presence of utility debts, mismanagement of the apartment, systematic violation by a citizen of the rights of neighbors, infringement of the rights of third parties, etc.).
Forced eviction of registered residents who are not the owners of the property or its share is allowed only through the court.
However, before exercising the right of forced eviction, the owner of the housing must offer the citizen to vacate the living space or immediately stop the illegal actions that serve as the reason for the eviction.
If the tenant neglects such a warning and refuses to voluntarily leave the living space, the case for his eviction is considered by the court.
A positive decision of the judge to evict a registered tenant, which has entered into force, is transferred for enforcement to the bailiff service.
Features of eviction of registered residents from municipal housing
Comments (34)
Evgeniy | 2017/01/04
Hello. The apartment was privatized, my grandmother, stepfather and I, grandson, grandmother died, stepfather was discharged, but my mother did not enter into the inheritance, and now I have to enter into the inheritance, but the 6 months have expired a long time ago. Question: 1 Can I enter into the inheritance, 2 can I was forced to evict and I have debts for housing and communal services. Thank you in advance.
admin | 2017/01/16
Hello Evgeniy! 1. You can enter into an inheritance after the missed deadline for accepting the inheritance has been restored. To restore the deadlines, you need to contact a notary, explaining the reason for missing the deadline. It is also possible to restore the period of inheritance through the court. 2. Since the apartment is privatized, they cannot evict you for debts on housing and communal services, but you need to enter into inheritance rights, because if the apartment is recognized as escheatable property (no heirs), it may become property municipality with subsequent eviction of you from the apartment due to a change of owner.
admin | 2017/02/08
Hello Evgeniy! Information about the owner of property (apartment, house) can be obtained by contacting the MFC and receiving an extract from the Unified State Register of Rights real estate). In addition, you can contact a notary at your place of residence, who is in charge of the apartment you are interested in. All notaries are distributed by district. You can find out the contacts of a notary working in the area in which the apartment is located by contacting the notary chamber at your place of residence.
Irina | 2017/05/14
In a 3-room apartment, the owners are me 3/4, and my nephew (17 years old, 1/4 share) are registered: me, dad, sister, son 24 years old, son 17 years old (own) and son 12 years old. The relationship between my sister and her children is difficult, they don’t pay for the apartment, they steal, they refuse to pay for housing and communal services. The bailiffs take the money from me and my dad. Can I write out my relatives and who if they own another 2-room apartment where the owners are my sister’s daughter (19 years old, 3/4 share) and 17 year old son (1/4 share - 2 share)?
admin | 2017/05/20
Hello Irina! From your apartment in accordance with Part 4 of Art. 31 Housing Code RF, you can only register persons who do not have shares in the ownership of this apartment. As for your minor nephew, who has a share of 1/4 of the property rights, to resolve the issue regarding him, you can first of all contact management company with the requirement to split utility bills.
Maria | 2017/05/19
Hello! We have an apartment by inheritance, but in the will there was a note about the lifelong residence of one person, he has not worked anywhere for more than 20 years, he is an alcoholic... There is no pension, he does not have any documents for disability. That friend does not pay for the apartment, we pay all utility bills we have been here for almost 4 years. How can we evict him?
admin | 2017/05/29
Hello Maria! You can go to court and evict this citizen due to mismanagement of the premises and non-payment of utilities, but you will need to prove these circumstances both with documents and with the help of witness testimony.
Alexey | 2017/06/08
Hello. I am the owner of the apartment, I do not live in it and am not registered. My father lives and is registered there. He has not paid utility bills for many years. With my salary cards They began to withdraw compensation for housing and communal services debts (I found a writ of execution on the Internet). I can't live without a salary. I can only cover my debts by selling this apartment. How can you sell an apartment with a person registered there or how can you deregister him if he doesn’t want to do it himself?
admin | 2017/06/24
Hello Alexey! The presence of registered persons in the apartment does not prevent the sale of the apartment. When selling an apartment with registered persons, a corresponding condition is included in the purchase and sale agreement. In addition, to remove your father from the registration register from your apartment, you can apply to the court with a statement of claim to recognize your father as having lost the right to use the residential premises and to remove him from the registration register.
Elena | 2017/07/09
I am the sole owner of the apartment where my father is registered. He is an aggressive alcoholic, living with whom in the same territory seems dangerous. Could this fact serve as a reason for his eviction from the apartment through the court? He does not have a share in the apartment, only registration.
admin | 2017/07/17
Hello, Elena! Yes, you, as the owner of the residential premises, have the right to expel your father from the apartment on the basis of Part 4 of Art. 31 of the Housing Code of the Russian Federation in connection with the termination of family or close relationships. To do this, you need to go to court with a claim to recognize your father as having lost the right to use the residential premises and to be deregistered.
Evgeniy | 2017/08/11
Good afternoon Divorced from my wife, have a 10-year-old son, married another woman, a daughter was born, my son lives with us, the first wife lives in my house, which was left to me from my parents by will alone, she is registered there, how can I evict her from there?
admin | 2017/08/22
Hello Evgeniy! You can evict your ex-wife in court on the basis of Part 4 of Art. 31 of the Housing Code of the Russian Federation due to the termination of loved ones or family relations with the owner of the residential premises (that is, with you). Unfortunately, in the absence of the consent of the registered person to deregister, such a person can only be discharged through a judicial procedure.
Ivan | 2017/10/05
Hello. Can the owner evict me if I am registered and refused in his favor during the privatization of the apartment. Now I am splitting my personal account. There are no documents confirming my payment of utility bills. And I am also the owner of an apartment in another region.
admin | 2017/10/17
Hello Ivan! If you participated in privatization (refusal in favor of another participant is also considered participation in privatization) and were registered in the apartment at the time of privatization, you retain an indefinite right to use this residential premises, that is, they will not be able to discharge you from the apartment, even though that you own another home.
Irina | 2017/10/30
Good afternoon. Mom lives in privatized apartment with my son. He is 60 years old, she is 83. The son has not paid utilities for 10 years, drinks alcohol, and is rowdy. She has to leave home and spend the night with relatives. We want to check him out of the apartment, he does not make contact. What should we do?
admin | 2017/11/21
Hello Irina! If the son participated in privatization, then he has a lifelong right to reside in this apartment, and to deprive such a right to residence in court will require compelling reasons and clear evidence of mismanagement of the premises on the part of the son. First of all, it is necessary to contact the police in case of illegal actions. Secondly, it is advisable to go to court with a claim to determine the procedure for using residential premises, as well as to divide utility bills.
Alexander | 2018/02/22
Good afternoon.
Stage of divorce. As a result of the division of a 3-room apartment, the following shares should be obtained: 50/50 or 33/67. Can the second owner evict/displace the parents of the first owner from this apartment? The parents are not registered; they have their own housing.
admin | 2018/03/03
Hello, Alexander! By general rule, all property after a divorce is divided in equal shares - that is, 1/2 of the share in ownership for each of the spouses. The second owner does not have the right to evict the parents of one of the spouses, since the parents, in accordance with the housing code, are members of the second owner’s family.
Alexander | 2018/04/10
Can the tenant of a state apartment evict a citizen registered there who does not live there and does not pay housing and communal services?
admin | 2018/04/27
Hello, Alexander! Yes, the tenant of a residential premises under a social tenancy agreement has the right to file a claim in court to recognize the person as having lost the right to use the residential premises. In accordance with Art. 83 of the Housing Code of the Russian Federation, termination of a social rental agreement for residential premises is permitted in court also in the event that the tenant fails to pay for the residential premises and (or) utilities for more than six months.
Oksana | 2018/05/15
The apartment was privatized in the name of my father; I (divorced) and my daughter (10 years old) were registered in it after privatization. We live in an apartment with our daughter, we pay all the bills, we’ve done some renovations, we have neighbors a good relationship. There is no other housing. Can my father, as the owner, evict us?
admin | 2018/05/24
Hello Oksana! Unfortunately, since you were not registered in the apartment at the time of privatization, you do not retain the right of lifelong residence. The father, as the owner of the apartment, can expel you in court on the grounds of ending a close relationship with you. However, if you do not have another place suitable for living in, the court may grant you a delay in eviction from this apartment. Unfortunately, the owner has an indisputable and indisputable right to use and dispose of his property.
Galina | 2018/06/14
Hello! Will I be able to evict my ex-husband from a privatized apartment? During privatization, he wrote a refusal in court in favor of me and our daughters. Since we divorced 7 years ago, I pay utility bills. He did not live there all this time.
admin | 2018/06/29
Hello Galina! As a general rule, a person who took part in privatization retains the right to live indefinitely in a privatized apartment. However, if your ex-husband long time does not live in the apartment, has moved to another place of residence, does not pay utilities, you can evict him in court. The possibility of recognizing the right to use residential premises as lost is confirmed, inter alia, judicial practice, for example – by the Ruling of the Supreme Court of the Russian Federation dated August 4, 2015 in case No. 49-KG15-7.
Oksana | 2018/07/04
Hello. My brother, the main tenant of municipal housing, has 42 sq. m., registered during the marriage, now ex-wife with two children together, after a divorce, through the court, she again moved into this living space with three children (the father of the 3rd child is unknown) Has she lost her right of residence? There were two trials, the last one was Regional. The court left her the right of residence. Is it even possible to evict her and leave the children with their father at the place of their common registration with him?
admin | 2018/07/16
Hello Oksana! Since a trial has already taken place regarding this dispute, which secured the right of residence for the ex-wife, at the moment you will not be able to evict her. However, if after the court decision comes into force ex-wife will not actually live in the apartment and pay for utilities, you will again be able to file a claim to recognize her as having lost the right to use the residential premises.
Evgeniy | 2018/08/15
Good afternoon. Not a very standard situation. Gay couple. There is only one owner. We bought an apartment together with a mortgage. We pay one by one. We decided to break up. The owner demands that I move out, despite the fact that I am registered there. What to do?
admin | 2018/08/30
Hello Evgeniy! If the mortgage agreement is executed for both of you, and the encumbered property is also in equal shares, then you are also obliged to fulfill your obligations to the bank jointly and severally. If the second borrower does not pay the mortgage, you can pay in full, but collect half of the payments (his share) from him. Of course, in your situation, division of property is impossible, since this kind of relationship is not provided for by the legislation of the Russian Federation.
Alice | 2018/09/26
Hello! My son has been registered in the apartment of which I am the owner since birth and at the time of privatization. Later he refused his share. Currently, his wife and 8-year-old daughter are also registered in the apartment. I am planning to leave for permanent residence in Germany and want to sell my apartment. The son refuses to vacate the apartment, despite the fact that he has his own separate apartment of a larger area. What to do?
admin | 2018/10/10
Hello Alice! In accordance with the law, a person registered in an apartment at the time of privatization and who gave consent to privatization, having renounced a share in ownership in favor of another person, retains for himself and his family members the right to indefinite use of the residential premises. However, if your son does not live in the apartment, does not pay utilities, voluntarily moved to another place of residence and has not exercised his right to permanent indefinite residence, he may be recognized as having lost the right to use residential premises in court. Thus, you need to go to court with a claim to recognize your son and his family members as having lost the right to use the residential premises.
Alena | 2019/01/17
Hello!
Is it possible to evict my mother from the apartment in which she is registered, but which belongs to me and my father? The mother has her own apartment, in which she is listed as the owner. It does not work. Disability pension. He refuses to move out.
admin | 2019/01/28
Hello Alena! Yes, you have the right to expel your mother from the apartment in court on the basis of Part 4 of Art. 31 of the Housing Code of the Russian Federation (termination of close relations with the owner). To do this, you need to apply to the district court at the location of the apartment with a claim to recognize your mother as having lost the right to use the residential premises. The claim must indicate that your mother owns another housing suitable for permanent residence, but does not pay utilities in your apartment at the place of registration, and refuses to voluntarily check out of the apartment. After the case is considered by the court, you will be able, on the basis of a court decision, to discharge your mother from the apartment at the passport office.
