Grounds and procedure for eviction from an owner’s apartment: what does the law say? Is it possible and how to evict a person from an apartment if he is not registered in it, without court: important features and nuances of the procedure When evicting from an apartment, what kind of housing is provided?

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 we delve deeper into the legislation of the Russian Federation, and more specifically, into the Housing Code, then there may be several options for developing 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 for eviction from an 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 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 owner of the home 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, and the health status of the former other half.

The financial support of the evicted spouse may also be an important factor for deferment.

If at a given time his (her) finances do not allow him to rent housing, and he does not have his own square meters, then the execution of the decision to evict may be delayed for a period of one to three years.

It is quite difficult to say about the specific result of the court hearing on this issue. 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 to an ex-wife or husband. But usually this may apply to cases where there are alimony obligations and financial support allows this step to be taken.

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.

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.

You can describe your specific situation to our lawyer online, who will answer your questions free of charge regarding the eviction of a tenant from a non-privatized apartment.

Sometimes the joyful event of buying a new apartment can 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 is resolved quite easily, since the Civil Code of 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 file a lawsuit in court to force him to evict him.

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, poor attitude towards 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 a living space whose lease period has not yet expired, then you should amicably discuss the issue of 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 is due to non-payment of 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 in such a way 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.

Hooligan behavior and violation of certain rules of living in a multi-storey residential building can result in 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:

using the living space of an apartment for purposes other than living in it, for example, conducting trade or business activities;
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 to the former owner of the property.

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, a claim in 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 online lawyer is ready to answer any questions you have about this matter. Just write in the form at the bottom of the page and wait for a response.

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It would seem that it could be easier to evict a person who is not registered in it from an apartment? However, in practice many questions arise regarding this procedure. After all, such people are often ex-spouses, their children, and distant relatives who came to “stay for a week.” In this article you will find answers to your questions.

Is it possible to evict an unregistered person from an apartment?

Since the right to housing is enshrined in Article 40 of the Constitution of the Russian Federation, it is not always easy to prove that a person does not have the right to live in an apartment and evict him, even in court. However, the legislator protects both sides of the conflict, and therefore establishes the conditions under which the procedure for eviction from an apartment becomes possible.

Particular difficulties may arise if you decide to evict a citizen from an apartment who falls into one of the following categories:

a person declared incompetent;
a person under 18 years of age;
a person with a disability;
a person who is a close relative.

Grounds and conditions

In order for the court to decide to expel unregistered persons from an apartment, the plaintiff (the owner or the municipality) will need to prove that they have no reason to use the apartment. Such grounds include:

marriage with the owner (tenant) of the apartment;
running a joint household (cohabitation);
a lease agreement concluded legally;
lack of debt on utility bills;
absence of complaints from neighbors about inappropriate behavior at home;
use of the home for its intended purpose, and not for commercial or other needs;
owner's residence permit.

If these conditions are not met by the tenants, then you can go to court and evict them, without the need to provide other housing or reimburse them for any material expenses.

Example. The sole owner of the apartment with all amenities, 68-year-old citizen Borisova N.V., in 2010 allowed her daughter Gavrilova I.K. and her husband Gavrilov V.B. to live with her. They ran a joint household, their daughter and son-in-law paid utilities and purchased food. However, neither he nor she were registered in the apartment, since they did not consider it necessary to check out of their own municipal apartment with stove heating, so as not to lose the right to it. In 2016, Gavrilova I.K. died as a result of an accident. After the death of his wife, Gavrilov V.B. began to abuse alcohol and bring drunken groups home. At the request of Borisova N.V. to move out - he refused, citing the fact that the apartment in which he was registered had no amenities and he would not be comfortable living there.

The pensioner repeatedly appealed to the local police officer, but he was also unable to influence Gavrilov’s decision to move out, although he repeatedly drew up protocols against him for bringing him to administrative responsibility.

Then Borisova N.V. filed a statement of claim in court, collected the necessary documents (including on bringing to administrative responsibility) and presented witnesses (neighbors) who confirmed Gavrilov’s immoral lifestyle. Based on the court decision, the bailiffs ensured the eviction of Borisova’s former son-in-law from her apartment.

In cases where housing is recognized as unsafe and is subject to destruction or the land on which it is located will be turned over to the benefit of the state, then only the owner or tenant (under a social tenancy agreement) is required to provide other housing or compensate for its cost.

Eviction methods

There are three ways to evict a person living there without registration from an apartment - through the court, through the executive authorities and voluntarily. Let's consider each of them separately.

Voluntarily

This is the fastest and most inexpensive way to solve such a problem. In any case, it is worth starting the process of eviction of an unregistered tenant with him. How does this procedure happen? A written complaint is drawn up and handed over to the negligent tenant against his signature. You can design it in any form in a business style, but be sure to indicate:

grounds for eviction;
the period given for leaving the home;
date of document preparation and signature of the apartment owner.

Even if the unregistered person does not voluntarily leave the living space, then in court you will have indisputable evidence of an attempt to resolve the dispute out of court

Through executive authorities

This method cannot be called very effective, because police officers do not have the right to evict residents of an apartment without a court decision. The maximum they can help is to temporarily remove an unregistered person from the apartment, but this will not prevent him from returning again. You must contact the police department by phone or with a written statement, indicating that there is a person in your apartment who is not registered there.

When you contact a department of the Ministry of Internal Affairs in person, you should be given a notification coupon, which will also serve as proof that you do not want strangers in your home. It will also be necessary to request from the official who is conducting the investigation on your application a resolution to refuse to initiate a criminal case or a resolution to impose an administrative penalty.

Through the court

The judicial authority is the last authority that can make a decision on the eviction of unregistered persons from an apartment. To go to court, you need to draw up a statement of claim, collect evidence of illegal residence in the apartment or violation of the rules for using residential premises. This is the longest and most expensive process, but the most reliable.

Where will they be expelled?

If a person was not registered in your apartment, then you will not have to look for new housing for him or somehow financially compensate for the eviction. Only owners or tenants (that is, those registered in the apartment) have the right to be provided with another apartment or compensation for leaving the old one, and then only in two cases:

the house will be demolished due to its disrepair;
the land under the residential building has been transferred to the ownership of the state and will be used by it for other purposes (construction of a gas pipeline, road, etc.).

How to evict an unregistered person from an apartment

The most reliable option to evict an unregistered person from an apartment is to contact the judicial authorities. However, first you need to decide which apartment, municipal or privatized, you need to evict the tenants from, because both cases have their own characteristics. Let's look at each of them.

From a privatized apartment

Only its owner can apply to the court for eviction from an apartment that is owned. Such applications are considered by the district court of general jurisdiction serving the territory in which the apartment is located.

The statement of claim can be sent to the court by mail (registered letter with notification), and transferred personally to the office of the judicial authority, and even given by a representative.

The statement of claim is drawn up in accordance with the general rules established by law, but it must indicate:

personal data of the plaintiff and defendant;
full name of the judicial authority to which the application is submitted;
document's name;
the exact address of the apartment in relation to which the dispute is being considered and an indication of its ownership (link to the certificate of registration of rights);
requirements that are presented to the defendant (eviction within a certain period);
motivation for the claims (it is necessary to prove the illegality of living in the defendant’s apartment);
a list of witnesses you request to hear during the trial;
date, personal signature;
list of documents attached to the application.

It is also important to determine the list of documents that must be provided to the court. Usually this:

plaintiff's identity card;
certificate of ownership of housing;
apartment card;
pre-trial claim and response to it (if any);
receipt of payment of state duty;
other documents confirming the legality of your claims (divorce certificate, certificates from the district police officer, conclusions of various examinations and studies, etc.).

The list of documents may vary depending on the specific situation.

From a council apartment

The procedure for filing a claim for eviction from a municipal apartment is not very different from the similar procedure for eviction from privatized housing. The only thing you should pay attention to is that not only the owner (the municipality), but also the responsible employer and even neighbors can file a claim.

Another feature is that the interests of a legal entity (municipal entity) must be represented by an individual who has been given the rights to do so in accordance with the requirements of the law (a power of attorney has been issued). Therefore, the claim must additionally indicate:

personal data of the plaintiff's representative;
details of the document on the basis of which the person represents the interests of the organization;
full name of the legal entity, its address.

Otherwise, the application is drawn up according to the same rules as for eviction from private property.

The time frame for consideration does not depend on which apartment the claim is filed against - it all depends on the circumstances of the case and the positions of the parties. This could be several weeks or several months.

In both cases, you will also have to pay a state fee of 300 rubles, since although this claim relates to property disputes, its price cannot be determined.

Appeal to bailiffs

After a court decision has been received to evict unwanted tenants from the apartment, they must be given a certain time to pack their things and leave. If, despite the decision of the judicial authority, they do not want to leave their home, then there is only one way to expel them - contacting the bailiff service.

Based on your application and the provided copy of the court decision, the bailiff will initiate enforcement proceedings and take measures to evict unwanted persons from the apartment.

Example. Citizen Sviridova cohabited in her apartment with Morinov, who was registered with his mother. Sviridova and Morinov often had scandals and fights. The woman repeatedly asked her partner to leave her living space, but he refused. Then Sviridova turned to a lawyer who helped her draw up a statement of claim for eviction and represented her interests in court. As a result of the court hearings, it was decided to satisfy Sviridova’s demands in full. Morinov was also notified about this. However, he had no intention of moving out.

Then the woman contacted the bailiff service with a statement, provided a court decision, and 10 days later Morinov was evicted. Sviridova changed the locks on the entrance doors and did not allow her roommate into the apartment anymore

Need a lawyer

Since the Law establishes that a claim cannot be accepted again for claims that have already been considered by the court or have not been accepted for consideration, it is therefore necessary to take a very competent approach to drawing up an application and collecting documents. The lawyers on our website can help you with this. If you cannot evict relatives or strangers from your apartment, then contact our specialists in any way convenient for you and get a free consultation.

If you nevertheless decide to defend your interests in court on your own, then you should be prepared to lose - eviction issues are one of the most difficult in legal practice. An experienced lawyer will be able to draw up an application and assist in collecting evidence and will help you appeal the decision if you are not satisfied with it.

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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 appropriate.

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 who know the nuances of 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 (38)

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 the property of the municipality with subsequent eviction of you from the apartment due to with 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 to Real Estate (USR). 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 of the Housing Code of the Russian Federation, you can only register persons who do not have shares in the ownership of this apartment. As for your minor nephew, who has a 1/4 share in the property rights, then to resolve the issue regarding him, you can first of all contact the management company with a request to divide the 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. They began to deduct reimbursement of housing and communal services debts from my salary card (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 close or family relationships 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 deregistered 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 dividing 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 a privatized apartment with her 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! As a general rule, all property after a divorce is divided in equal shares - that is, 1/2 of the share in ownership for each spouse. 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 in it 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 good relations with our neighbors. 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 does not live in the apartment for a long time, has moved to another place of residence, and does not pay utilities, you can evict him in court. The possibility of recognizing the right to use residential premises as lost is confirmed, among other things, by 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, 42 sq.m., during the marriage, registered his now ex-wife with two children together; after the divorce, through the court, she moved again with three children into this living space (the 3rd child has a father 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 enters into legal force, the ex-spouse does 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.

Alena | 2019/02/20

Hello! My father and I are registered in a communal apartment. Upon my coming of age, because... my father lost the right to privatize, I took advantage of the 170 federal law dated October 16, 2012 and privatized the share myself. Became the owner. He has not lived there for 18 years. Doesn't pay for utilities. I'm crying. How can I evict him?

admin | 2019/03/05

Hello Alena! If you own only a share in the apartment, and your father lives in the remaining part of the apartment on the basis of a social tenancy agreement, then you can recognize him as having lost the right to use the residential premises in court on the basis of Art. 83 of the Housing Code of the Russian Federation (failure by the tenant to pay for housing and (or) utilities for more than six months and (or) the tenant moves to another place of residence).

Svetlana | 2019/02/28

Hello, can I evict and sign my mother’s ex-husband out of the apartment? The apartment was privatized in her name, with his refusal to privatize in her favor, and after the relationship between them worsened, my mother transferred it to me by donation (5 years ago), between They filed for divorce, and he refuses to move out voluntarily.

admin | 2019/03/12

Hello Svetlana! In accordance with Art. 19 of the Federal Law of December 29, 2004 No. 189-FZ “On the implementation of the Housing Code of the Russian Federation”, the effect of the provisions of Part 4 of Art. 31 of the Housing Code of the Russian Federation (recognition of a former family member as having lost the right to use housing) does not apply to former family members of the owner of a privatized residential premises, provided that at the time of privatization of this residential premises, these persons had equal rights to use this premises with the person who privatized it, unless otherwise established by law or contract. In addition, the transfer of ownership of this housing to another owner does not deprive the person who participated in privatization of the right to further use such housing, provided that the resident regularly uses the residential premises and pays for utilities.

The Constitution of the Russian Federation enshrines the right of citizens to the privatization of housing and the fact that no one can be groundlessly deprived of their place of residence. No living soul can be arbitrarily deprived of housing, so there are certain grounds according to which eviction can become legitimate.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Grounds for eviction:

Loss of a person’s status as a family member if housing was purchased before marriage. A divorce certificate must be presented as proof.
Living in another place for an extended period of time. In this case, the evidence will be the testimony of neighbors, certified by the Housing Office.
Failure to participate in the maintenance of the apartment, failure to pay its bills. The payer can prove this by providing payment receipts with his signature.
A situation in which a person has not lived in an apartment for a single day.

These cases may become grounds for eviction of the tenant if sufficient evidence is collected. Evidence for each case is listed separately, and collecting it is guaranteed to take some time, but this greatly simplifies the process.

Forced eviction is carried out through the court. Standard decisions on eviction can be made by authorized bodies.

Claims must be filed at the place of residence of the defendant, as well as counterclaims, if necessary.

Eviction

Every person, in addition to certain categories of citizens, can be subject to eviction.

The following may be evicted only on a voluntary basis:

people receiving alimony;
those who have equal rights to use housing.

In any case, when evicting a person from a privatized apartment, one should be guided by the moral norms and laws of the Russian Federation.

Voluntary or forced

Voluntary eviction implies that the person being evicted will independently contact the passport office and write down the necessary information.

After this, within three days, this application will be considered and he will be discharged. This fact must be confirmed by a corresponding note in the passport indicating that the registration has been canceled. It should be noted that after this the person loses his actual right of residence.

If a citizen refuses voluntary eviction, forced eviction must be resorted to through the courts.

The plaintiff needs:

apply;
attach proof of ownership;
pay the state fee.

After the trial, the court will make a decision on the basis of which the passport office will be able to discharge the person from the home.

From privatized housing

There are two ways to evict a person from an apartment that has been privatized:

voluntarily;
forcibly.

In order to evict a minor from a privatized apartment, you need to pay attention to the time of his registration:

if he was registered after privatization, when his parents were registered, then he can be discharged due to the deregistration of his parents;
if the child was registered before privatization, then the consent of the guardianship and trusteeship authorities will be required to evict him.

In some cases, even its owner may be evicted from a privatized apartment. This may happen when local authorities have discovered some violations.

The violations are as follows:

use of the apartment for other purposes;
destruction of the apartment.

In such a situation, the owner may be required to eliminate violations.

If the owner refuses to eliminate the violations, then local governments can sell the apartment at public auction, giving the owner the proceeds, except for those that went to pay for the lawsuit.

From non-privatized housing

Eviction from non-privatized housing occurs under standard conditions. In case of voluntary eviction, it is enough to contact the passport office. Men must have a military ID with them.

For forced eviction you must:

file a claim at the defendant’s place of residence;
provide the court with grounds for eviction.

From a council apartment

A municipal apartment is the property of the municipality on whose territory the housing stock containing it is located. The citizens living in them are not owners, but have the status of employers.

The Housing Code of the Russian Federation provides for some conditions under which tenants can be evicted:

voluntary termination of a social tenancy agreement;
loss of rights to use this housing;
failure by the tenant to pay charges for the use of housing for six months or more;
violation of the rules of operation of the premises;
violation of neighbors' rights;
death of the employer.

Rules for evicting a person from an apartment

Eviction of a person from an apartment occurs according to the standard procedure. In the case of voluntary eviction, the evicted person can complete all the necessary actions independently and in a short period of time.

If you have to resort to forced eviction, you must file a claim in court and wait for a verdict.

With and without registration

The owner can remove a registered person from an apartment.

To do this, it will be necessary to prove that the person:

does not live here;
does not pay utilities;
any other grounds for eviction.

If the registered person does not agree with his eviction, this process must be carried out through the court. It is much easier to evict a person without registration. It often happens that in these cases there is no need to contact government authorities at all.

Former family members

Former family members include those people who have ceased family relations with the owner of the apartment. Most often, such eviction occurs due to the fact that housing was purchased before marriage. In the event of a divorce in this situation, the second spouse may be evicted from the apartment.

To evict a former family member through the court, you will need to provide a divorce certificate as proof of the legality of the actions taken.

The grounds and procedure for eviction are established by the Housing Code of the Russian Federation.

Upon change of owner

In this case, eviction can occur at the request of the new owner. When the owner of the property changes, all contracts with the previous owner of the apartment are canceled.

For a new owner, eviction of old tenants should not be a serious problem. It will be enough to file a claim in court if the tenants do not agree to vacate voluntarily.

Rowdy

The eviction of a rowdy may occur on a forced basis. In this case, it is necessary to create a sufficient legislative framework.

The best evidence would be:

testimony from neighbors whose rights may have been violated;
testimony of the district police officer.

All evidence is attached along with the statement of claim and the paid state fee. If there is evidence, the court will satisfy the claim and decide to evict the rowdy.

Person serving a sentence

Contrary to popular belief, just having a criminal record is not enough to evict a convicted person from an apartment. While serving their sentence, people are deregistered at their place of residence, but after the end of their sentence, they are required to register them back.

You can evict a person serving a sentence if he:

became a former family member;
upon returning home he does not pay for utilities.

Eviction without consent

Eviction of a tenant from an apartment without his consent can only happen through the court.

The following situations may serve as reasons for this:

after the divorce, one of the spouses moved to another place of residence;
an apartment was received as an inheritance or as a gift, in which someone else is registered;
the tenant does not appear at this address for an extended period of time;
the tenant does not pay utilities;
unlawful behavior of the tenant (alcoholism, drug addiction), due to which living together becomes impossible.

By the tribunal's decision

A court-ordered eviction can occur if a tenant does not pay rent or utilities for six months, destroys the premises, regularly violates the rights of neighbors, or uses the premises for other purposes.

Depending on the grounds for eviction, the evidence base and the court verdict, the evicted tenant may be provided with new housing.

Who cannot be evicted from an apartment

minors registered in a municipal apartment;
children without parental care;
dependents of the homeowner;
former family members who do not have other housing;
persons arriving from places of detention;
deceased or missing;
persons living under a rental agreement.

Special cases

There are a number of unforeseen situations when it is necessary to quickly evict a tenant. This may be a tenant in the received apartment or some other case.

If a solution is not possible through standard methods, such as voluntary eviction or filing a claim, then it is worth seeking legal advice.

Specialists will consider a specific case and develop an optimal strategy for resolving the issue.

Documentation

In case of forced eviction, in addition to the statement of claim, you must also provide the court with a number of documents:

characteristics of the residential premises;
social tenancy agreement or a copy of the order for the apartment;
certificate of registration of the evicted person (form 9);
evidence of the reason for eviction;
paid state duty.

The presence of all these documents will greatly facilitate the work of the court and speed up the process of making a judicial decision.

About eviction of a person from housing for debts

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

No one is immune from the risk of being evicted from their occupied housing. To protect yourself in this case, it is very important to know your rights. In this article we will describe in detail what obligations a resident citizen has, in what cases he may lose them, and the necessary actions to preserve his rights.

○ Reasons and grounds for eviction.

Grounds for eviction can be divided into two groups, arising:

At the initiative of the resident:
- Dilapidated condition of the building.
- Failure of load-bearing structures.
- Transfer of the building to the non-residential category.
- Planned demolition of the house.

At the initiative of the owner:
- Significant debts to pay for utilities.
- Violation of hostel rules.
- Deterioration of living space by intent.
- Committing actions that pose a threat to the life and health of neighbors.
- Deprivation of parental rights.
- Unauthorized occupancy or refusal to vacate the premises at the end of the rental period.

○ Responsibilities of residents.

Use of the premises strictly for its intended purpose.
Carrying out cosmetic repairs as normal wear and tear occurs.
Carrying out major repairs (if necessary and with the consent of the owner).
Timely payment of utilities.
Vacancy of living space at the end of the rental period.

Failure to comply with any item from the listed list leads to liability for failure to fulfill one’s obligations.

○ Who can file for eviction.

The requirement to vacate living space may come from the following categories of persons:

Neighbors, if there is evidence of systematic actions that pose a threat to the life and health of others on the part of the evicted person (it is necessary to file a statement of claim and obtain a court decision on eviction).
The landlord, if the tenant has debts to pay for utilities (if there is no rental agreement, eviction can occur for any reason, provided there is a signed agreement - the issue also needs to be resolved in court).
Local authorities, when recognizing the occupied housing as dilapidated and subject to demolition (if the resident refuses to voluntarily leave the occupied area, the state initiates a lawsuit).

○ How to protect the owner from eviction.

Eviction of the owner is possible if he:

Uses the living space for other purposes.
Violates fire safety requirements, sanitary and hygienic standards and construction technologies.
The presence of unpaid loan obligations.
Non-payment of utilities in a significant amount.

Actions to protect your rights depend on the specific circumstances of the case. If we are talking about debts for loans and utilities, it is necessary to repay the debt as soon as possible. If the eviction request is initiated on the basis of inappropriate behavior, it must be reconsidered.

If a court case has already been initiated, the owner can file a counterclaim to declare the eviction request illegal. To do this, you need to prepare the necessary documents (payment receipts for cases with debts and witness statements in matters of inappropriate behavior).

○ How to protect a tenant from eviction.

If a tenant rents a home without concluding a contract, the owner can evict him at any time and without compelling reasons. At the same time, the tenant does not have the opportunity to prevent eviction, because his rights are not regulated in any way.

If the tenancy is regulated by a properly drafted rental agreement, the tenant may face eviction in the following cases:

Systematic violation of deadlines for paying rent (for a short-term contract with a period of less than a year, 2 months of delay is sufficient; if the contract is concluded for a period of at least a year, then the debt must be at least six months).
Violation of the rules for the use of living space specified in the contract.
Creating conditions that pose a danger to the life and health of neighbors.

In all these cases, eviction is possible only in court, after filing a statement of claim by the landlord. The tenant can protect his rights if he proves the charges brought against him are unfounded.

○ Protection from eviction from public housing.

In this case, a resident citizen may be evicted on the basis of:

Debts for utilities.
Systematic violation of public order.
Use of space for purposes other than its intended purpose.

When presenting demands for payment of utility services, the responsible tenant can apply to the social security authorities to assign his family low-income status. In other cases, he is obliged to eliminate the cause of claims from the state.

○ How to protect your rights in court.

The state provides for the need for every citizen to have a roof over their head.

“Everyone has the right to housing. No one can be arbitrarily deprived of their home (Article 40 of the Constitution of the Russian Federation).”

Based on this definition, the court carefully examines all disputes regarding housing issues. Therefore, the likelihood that the court will side with the defendant is quite high.

However, if an eviction case has been filed against you, you should carefully prepare for the process:

Collect evidence of the illegality of the charges (provide receipts for payment of utility bills).
Provide evidence of compliance of your behavior with standards.
Collect characteristics from your place of study/work.

If the court does decide to evict, you can appeal it to a higher court within the time limits established for appeal.