Eviction of a registered person from a municipal apartment

Social tenancy agreement Minor child Constantly drinking neighbor Live-in partner

Read on our website about the procedure for eviction from a privatized apartment, in particular for debts, as well as the grounds for eviction from a communal or service apartment.

Can they be evicted from a non-privatized apartment?

Can they be evicted from an apartment if it is not privatized?
The legislation provides for such a possibility . But this requires serious reasons.

There are two options here: voluntary and forced expulsion.

Speaking about voluntary eviction, the main condition must be the consent of the tenant , expressed in the form of a statement sent to the registration authority.

The reasons for such eviction can be different, for example, moving to another country, city, buying a new apartment.

Forced eviction from a municipal apartment can be carried out by court decision and only if the residents do not want to leave the apartment on their own.

Find out everything about the procedures for eviction of registered, unregistered, and illegally residing citizens from our articles.

Forced eviction

Even if the tenant and his family members have nowhere to move out and they do not want to voluntarily give up the apartment, they can still be forcibly evicted. The law provides that such eviction occurs by court decision.

But even in this case, the law protects the interests of the citizen, since they can be evicted:

to another comfortable apartment;
or to any other housing that meets the area requirements established by law.

Although in exceptional cases they can simply evict them onto the street without providing any housing in return.

Reasons

Grounds for eviction from an apartment under a social tenancy agreement:

Constantly causing inconvenience to living neighbors : noisy behavior, drunkenness, drunken fights, etc.
Using square meters for purposes not intended for this type of housing: creating warehouses , etc.
Negligent attitude towards the premises, meaning damage to furniture, floors, windows, etc.
There are no utility bills .
The apartment is full of insects, there is dirt everywhere, in other words, complete unsanitary conditions.
Ignoring safety .
Failure to comply with the conditions specified in the social tenancy agreement.

Grounds for eviction without provision of housing

Although the Russian Constitution guarantees citizens the right to housing, it can be lost by a court decision. For non-privatized apartments, the grounds for eviction to nowhere will be:

Use of the home for purposes other than its intended purpose. By law, an apartment can only be used for housing. Any other activity (organization of kindergartens, private production, etc.) is prohibited and is fraught with termination of the rental agreement at the request of the owner.
Violation of neighbors' rights. If you regularly make noise at night, flood the lower floors, or do something similar, prepare for the fact that you may end up on the street.
Destruction of housing. If you yourself break the walls or communications of the apartment or allow your household to do this, this is also a reason for eviction.

Moreover, in all of the above cases, the owner is obliged to first warn the residents and give them time to stop the violations. And only after such a warning can he go to court with a claim for eviction.

In addition, the court can evict parents who have already been deprived of parental rights from the apartment. This is allowed in cases where their relationship with their children is so bad that they can no longer live together.

Finally, temporary residents may be evicted if their period of residence has expired.

Causes

Unfulfilled debt obligations (regular non-payment of utilities).
Use of square meters for other purposes.
Violation of the rules of residence, infringement of the rights of neighbors.
End of temporary registration.
Sale of an apartment.
Long absence from living space, for example a long business trip.
Divorce proceedings.

Methods

In the case of non-privatized apartments, other housing is not provided. But they always look at the situation and make exceptions. For example, if the evicted person has nowhere to go, the judge may grant a delay to resolve the problem.

But it is you who decide it, and not the state. Based on your capabilities, you can rent an apartment or a room in a dorm.

In addition, if the deportation occurs through no fault of yours , namely:

demolition of a residential building;
eviction from emergency housing under a social rental agreement;
transfer of communal apartments to non-residential stock.

In this case, you will not be in danger of staying on the street; in return, you will be provided with other housing.

Is it possible to evict a registered person from a municipal apartment?

By receiving real estate from the state and municipal funds, citizens solve their housing problems without spending money on the purchase of expensive real estate. Unfortunately, some unscrupulous tenants forget that along with the rights to use the apartment, they are endowed with certain responsibilities in relation to the housing itself and their own neighbors.

Failure to comply with the rules for the use of housing, residents face forced removal from a municipal apartment under various conditions:

with the transfer of another premises for living;
with cancellation of the right to provide real estate and eviction to the street;
with voluntary termination of the social tenancy agreement due to relocation;
forcibly, without asking citizens' consent, based on a court decision.

There are various options for solving the problem of how to evict from a municipal apartment. If the owner is a municipality, he has the right to choose one of the following solutions:

Relocate to an equivalent or better living space in the event of force majeure, planned demolition of real estate, reconstruction, recognition of housing as unsafe, unsuitable for comfortable living.
Provide a smaller area or housing with fewer amenities if residents have chronic arrears in paying housing and communal services.
Organize forced eviction from a municipal apartment without providing other housing in return. The procedure is applied to violators of the rules of cohabitation, causing a lot of concern to neighbors, or when deliberately damaging municipal property. To expel people in need of housing onto the street, the desire of neighbors or the municipality itself is not enough - there will be a trial with hearing of the parties and consideration of positions, since the consequence will be complete deprivation of housing.

Unlike full-fledged homeowners, those living in an apartment under a social lease agreement are more vulnerable when considering the issue of preserving their living space, however, even if there is a desire to get rid of the tenants, the municipality is obliged to follow the established procedure, which includes collecting and submitting compelling reasons to the judicial authority.

Who cannot be deprived of housing?

Which persons are not subject to eviction from a residential premises under a social tenancy agreement? from non-privatized housing :

disabled people of groups 1 and 2;

old age pensioners;
minors, including children without parental care;
family members of the deceased (deceased) employer, including law enforcement officers;
a person refusing privatization in his own favor, granting this right to another member of the family.

Eviction procedure

The required package of papers is collected and an application is submitted to a court of general jurisdiction.
State duty is paid . It is 300 rubles for individuals and 6 thousand rubles for legal entities.
Within two months, the case is considered and a decision is made.
Both parties have 10 days to file an appeal.
The decision comes into force and its execution is transferred to the bailiffs.

How to evict a registered person from a municipal (non-privatized) apartment

A simple desire to deprive a tenant of an apartment provided by the administration is not enough. It is necessary to obtain a court order and wait for it to come into force. The following authorized bodies and interested persons have the right to file a claim:

owner of the premises (municipality);
an employee of the Housing Inspectorate when identifying facts of property damage;
affected neighbors;
representatives of guardianship authorities, after deprivation of parents' rights.

Regardless of the reasons for the appeal, the plaintiff will have to go through a certain judicial procedure.

Procedure, algorithm

The actions of the interested party can be represented in the following sequence:

Filing a complaint to the municipality (from neighbors, utilities, management companies).
Issuing a warning to the violator and demanding that the situation be corrected.
If there is no response from the resident, documents are prepared for the court.
Filing a claim with the judicial authority to which the premises belong territorially.
Taking part in meetings.
Receiving a court decision and waiting for the moment it comes into force.
Carrying out the deregistration procedure through the migration department of the Internal Affairs Directorate.

After the decision has entered into force and the person has been discharged from the apartment, the interested party, with the involvement of employees of the FSSP, police, and the Ministry of Emergency Situations, carries out the actual vacation of the housing.

Documentation

The court considers the claim, taking into account all the evidence presented. The plaintiff's claims must be supported by documents:

personal documents of the applicant (if the claim is from an individual);
power of attorney from the municipality (if the claim is filed by the administration);
social rent agreement;
paid state duty;
certificate of residents living in the specified area;
cadastral passport.

The statement of claim is prepared according to the number of persons participating in the trial.

Evidence base

In addition to the basic documentation for housing, you will need documentary support for the plaintiff’s claims:

a personal account certificate reflecting utility debt;
conclusion of the sanitary and epidemiological station, from the Technical Inventory Bureau or housing department, depending on the reason for the application - damage to property, unsanitary conditions, redevelopment, etc.;
written statements of witnesses;
protocols from law enforcement agencies if the evicted person disturbed the peace of neighbors;
a court decision on the deprivation of rights when evicting negligent neighbors on the initiative of the PLO.

The list may be supplemented with other documents that are required to confirm the plaintiff’s words.

Cost and timing of eviction from municipal housing

When filing a claim, you must pay a fee. If the application raises non-property issues, the fee is 300 rubles.

It is difficult to predict in advance how much time will be spent on forcibly vacating the living space, since each situation is considered individually. The judge schedules the first hearing within the first month, and then repeated hearings of the parties, witnesses, requests for examinations, and the inclusion and study of new documents are possible.

Judicial practice shows that eviction in court can take several months, and even years. It all depends on the legal preparation of both parties and the specific circumstances of the process.

Sample statement of claim for eviction from a municipal apartment

: Claim for eviction from a municipal apartment (26.0 KiB, 116 hits)

When drawing up a claim, adhere to the general norms of civil procedural law, taking into account the following sequence of writing:

name of the court, its address;
information about the plaintiff, defendant, involved participants;
the preamble should indicate the address of the apartment;
information about the form of ownership and owner;
data on registered residents and their number, including minors;
stated grounds for filing a claim;
the fact of an attempt to resolve the issue pre-trial and the results;
applicant's requirements;
information about the participants involved in the process, witnesses who are ready to speak in court;
list of attached documents (with numbering);
date of compilation and signature with transcript.

When filing a claim, attention is paid to the correct justification and references to legislative norms that give the right to demand forced eviction. If an individual files a claim, it is recommended to hire an experienced lawyer to help.

When can registration be refused?

Incomplete package of documents.
Failure to pay state duty.
Incorrectly completed application.
Lack of evidence of violations.

There is a workaround other than litigation. It is very simple - it is selling an apartment . Then you “shift” your problems onto the shoulders of the new owner; he will deal with unwanted tenants.

Eviction upon change of ownership is carried out at the will of the current owner. Very often, old owners do not want to just leave their home, in which case this issue is resolved through legal proceedings.

Article 292 states that after the apartment is transferred to the new owner, the old residents have no rights to it. This means that they cannot live in it or dispose of it without the permission of the new owners.

And even selling is not the only way out. Many people do not want to part with their apartment or get involved with strangers. This is where donating an apartment comes to the rescue . That is, you give an apartment to someone you trust, and he, with the rights of an owner under Article 292, evicts all unwanted tenants.

Such a deal must be concluded exclusively with trusted people, otherwise you can easily be scammed, and you will never be able to return the apartment.

Features and nuances

Social tenancy agreement

Eviction from such an apartment is carried out only by the owner in court and on the grounds available for this. In this case, they very often provide a “roof over their head ,” for example, a room in a dorm, but this is not always something to hope for.

If the basis for the eviction procedure is non-payment of housing and communal services, then you can fully count on the provision of square meters for subsistence. Not all tenants are always evicted. Sometimes this may affect a specific offender.

Minor child

A child who has not reached the age of majority can alleviate the situation.

Eviction is possible only in certain cases:

parents, in addition to the non-privatized apartment, have other living space;
The new place of residence is not inferior in size to the old one.

it is impossible to evict the child, and with him the parents .

Constantly drinking neighbor

A common problem in a residential building is a neighbor who is always tipsy and causes serious discomfort. To evict a tenant, you need an impressive evidence base.

It’s one thing to see the violations yourself, and another to have a document from one of the relevant organizations (for example, from the sanitary and epidemiological station).

It is necessary to prove that the citizen’s continued stay in the apartment will lead to inevitable consequences.

Roommate

Everything here is as simple as shelling pears: collect complaints from neighbors and submit them to the district police officer . After this, a warning will be sent to the violator, if ignored, the case will be considered in court and most likely the result for him will be disappointing - eviction.

To prevent unnecessary problems from arising, each issue must be thoroughly studied. The topic of eviction from a non-privatized apartment was no exception.

Armed with this information, you can be sure that no unpleasant situations will arise during the process and carrying out the eviction procedure will be an easy task.

If the apartment is not privatized, can they be evicted from it? Find out about it in the video:

Why can they be evicted?

It is worth noting that eviction can be voluntary or forced. In the first case, the tenant himself agrees that he will no longer live in this apartment. Situations that could lead to this outcome could be the following:

The citizen de-registered at this address and registered at a new one. From this moment on, he loses the right to use the former apartment. This can be avoided if you notify the housing office in advance that the departure is due to a valid reason (treatment, business trip, etc.), then the housing will remain with him even after that.
The tenant may himself express a desire to give up the apartment, then he signs a voluntary agreement with the administration (another owner), in which he confirms his decision.

If the tenant has no desire to move out, he can still be forcibly evicted, but by law this is only possible by a court decision. This can only be done when:

There is a living space where a citizen can legally move for permanent residence.
The housing to which a citizen is evicted meets the minimum standard approved by law.