Is it possible and how to evict a registered person from a municipal apartment: judicial practice, statement of claim

In pursuance of the Basic Law, the court is obliged to protect the defendant’s right to live in a municipal apartment until all the evidence is provided in full for eviction from the municipal apartment by the plaintiff. Basically, about 80% of all court cases end in loss on the part of the petitioner. Judicial practice considers eviction from a municipal apartment to be one of the most difficult processes.

Grounds for eviction

Citizens live in municipal housing on the basis of social rent from municipal or local authorities, which own housing of this type.

And it is in their interests to know the living conditions. Since unjustified use of a municipal apartment may result in eviction from the occupied living space.

Article 40 of the Constitution of the Russian Federation states the right of every person to housing and protection from groundless attacks to leave a person without it. Citizens should know that all problems and disputes are considered only in court with the participation of a prosecutor.

The eviction of a registered person from municipal housing can take place voluntarily, by consent or by decision made by the court.

The grounds for eviction from a municipal apartment are violation of obligations established by the Housing Code of the Russian Federation and the revealed reliability of a person’s long-term residence at a different address.

There are many other factors that can lead to eviction from a municipal apartment:

1. Conversion of apartment premises into utility rooms.
2. Damage to property related to the property of the house.
3. Changes in marital status. Deprivation of parental rights, divorce.
4. There is a debt to pay utility bills for six months.
5. Dismissal. Special or service housing.
6. Expiration of terms under the contract, if it was a temporary employment contract with a municipal representative office.
7. Illegal move-in.
8. Emergency condition of the house, other needs of the municipal housing stock.
9. Antisocial behavior: rowdy behavior, alcoholism, drug addiction, constant noise and loud sound.

Before evicting a registered citizen, municipal authorities must make an offer to vacate the occupied living space at their own request, either to correct the current situation or to end illegal violations. Otherwise, the case is sent to court.

Procedure for eviction of a registered person from a municipal apartment

The status of the evicted citizen is important, whether he is the owner of the apartment.

If a person does not agree to voluntarily move out, the following actions should be taken:

• write a petition to the court that meets legal standards;
• pay the state fee;
• submit the application and receipt for payment to the judicial authorities based on the defendant’s residence;
• provide during the hearing of the case all irrefutable facts;
• when the judge announces a positive verdict, the bailiffs enter the case;
• the defendant is discharged from specific housing;
• The housing stock provides other living space for the evicted person.

The eviction of citizens from municipal housing occurs according to the rule provided for by the order of the Supreme Court, which is still in effect.

Eviction of a person who is not the owner of the property

Eviction from a municipal apartment of a citizen who does not have the rights of a homeowner occurs mainly upon the termination of the marriage of the spouses. Ex-spouses, by agreement, leave this home. Since they lose the right to use this property upon divorce, according to the Federal Legislation of Russia.

• But other reasons are also important.
• The resident does not participate financially in rent or maintenance of the place of residence.
• Has not lived in an apartment for a long time or has never lived in an apartment at all.

If the eviction does not occur on a voluntary basis, you should go to court. And provide all recorded documents, testimony of neighbors, the district police officer, checks.

According to the judge's order, the eviction may be postponed based on the following circumstances:

1. Employment of the evicted citizen on a permanent basis.
2. Other living space available.
3. Minor children together.

The deferment of eviction is valid from one month to a year.

The citizen is given the opportunity to decide on other housing and arrangement. And no one has the right to kick him out during this period.

By decision of the judge, it is possible to divide the apartment and allocate a room for the evicted citizen.

It must be taken into account that certain categories of citizens are not subject to eviction under any conditions, even if they have separate living space, without their consent:

• having an equivalent right during the privatization of an apartment;
• citizens receiving alimony;
• orphans;
• relatives of the deceased citizen;
• disabled people of the first and second groups;
• citizens receiving an old-age pension;
• families of military personnel if they went missing or died for a number of reasons;
• a minor child owner, without simultaneously providing other housing of better or identical quality, through the guardianship authorities.

To understand all the subtle details during eviction, you need the help and services of professional lawyers.

Eviction without consent

In this situation, eviction will only take place based on a court decision and if there are very strong allegations.

You should file a claim with the judicial authorities and submit the following basic documents:

1. Documents indicating ownership of housing.
2. Extract from the Unified State Register.
3. A certificate listing all registered people in the existing living space.
4. Duplicate personal account.
5. Receipt for payment of state duty.
6. If necessary, a document on the liquidation of the marriage.
7. Special other documents, protocols, testimony, certificates, etc.

If the court's outcome is positive, the bailiff service begins the eviction case.

They are prescribed the following actions:

• familiarization with the court verdict in detail, and with the resolution, which informs about the start time of implementation of the court decision;
• deliver notices to the premises owner and occupants;
• discuss with the people being evicted the dates for vacating the living space of their own free will;
• in case of refusal, issue a resolution specifying the terms of compulsory eviction;
• carry out the eviction of living residents if the order is not executed, in the presence of at least two witnesses;
• draw up an eviction protocol signed by all persons present;
• carry out a census of the property of the evicted person, indicating the place of storage of this property.

An extract is carried out at the passport office upon presentation of a court decision.

Eviction with the consent of the person

The eviction process goes much faster if a person vacates voluntarily.

According to Article 85 of the Housing Code of the Russian Federation, the owner of municipal housing:

1. Removes the resident from the registration register.
2. If necessary, provides other living space.

All this can be done with the help of a notary.

Eviction through court

Every forum of judicial practice on eviction from a municipal apartment shows that more than half of the episodes of eviction do not escape the judicial authorities. And this is the last resort.

The offender is given the opportunity to correct the situation: pay bills in installments, bring the home into normal condition and eliminate the reasons that led to this. But in case of neglect, a claim is filed.

After all, it is judicial representatives, according to Article 84 of the Housing Code of Russia, who can make a decision on eviction from a municipal apartment, relying on the Constitution and existing laws, taking into account the interests of all persons involved in the dispute.

The claim is drawn up according to the parameters established by the Housing Code of Russia, Article 131.

The claim contains:

1. Full name, contacts and addresses of the plaintiff and defendant;
2. judicial authority, indicating the legal address where the application will be sent;
3. the listed arguments and reasons;
4. brief information about the essence of the conflict with the demand for eviction.

Business papers confirming the stated requirements are added to the statement of claim:

• copies of all documents (certificates of divorce, marriage, birth of children) confirming the connection between the copyright holder and the defendant;
• an extract from the housing office confirming non-payment of utility bills for more than six months, unpaid receipts;
• certificate of non-residence of the plaintiff;
• documents confirming the absence of the defendant’s property in the disputed home;
• written testimony from neighbors about disregard for norms of behavior, protocols, acts drawn up by law enforcement officers about administrative violations;
• all documentation for housing;
• written documents confirming the illegal registration of a person in an existing apartment;
• public rental arrangement;
• certificate of form No. 9, indicating that the evicted person is registered at a specific address;
• receipt of payment of state duty.

Within five days, the court accepts the application or rejects it.

The court accepts two definitions:

1. Eviction from a given dwelling, with the provision of another dwelling, but with unfavorable living conditions.
2. If the living space was not used for its intended purpose, but was used as a warehouse, office, or lost all conditions for living, then the citizen is evicted without being provided with other housing.

When making a decision, the court takes into account all the evidence provided by the parties to the dispute.

How to evict a person from public housing? Conditions and procedure for compulsory procedure

• Eviction from a municipal apartment means early termination of the social tenancy agreement between the municipality and the tenant living in it.
• This means that the evicted tenant, together with the entire family who occupied this premises, must vacate it as soon as possible and hand over the keys to the municipality.
• In the future, he disposes of the vacated real estate at his own discretion, as a rule, transferring it to a new tenant .

Read about the grounds for eviction from a privatized, non-privatized, service or communal apartment on our website.

Initiators

Only a court has the right to forcibly deprive a citizen of the right to reside

What is the procedure regulated by? In its actions, the court relies on the provisions of Article 91 of the Housing Code of the Russian Federation.

Who can file an eviction? The initiators of legal claims may be:

• neighbours;
• municipality;
• state housing inspection.

Find out on our website also how to evict illegal residents, whom the owner has the right to evict from his apartment, and also whether the owner himself can be evicted for violating the rights of his neighbors.

Grounds and reasons

The court decision provides for the voluntary eviction of a person, and in case of refusal, the initiation of enforcement proceedings, i.e. transfer of the case to bailiffs.

The reason that a municipality files a lawsuit to deprive a citizen of social housing and terminate a social tenancy agreement may be the following situations:

• the house is intended for demolition as a dilapidated or unsafe building;
• the tenant intentionally damaged or destroyed the residential premises or this was done by persons for whose actions he is responsible;
• the tenant carried out the redevelopment without permission and does not restore the living space to its original condition, despite the requirement of the municipality;
• the tenant is absent from the registered address for a long time;
• the tenant resides illegally;
• the tenant does not use the living space for living, i.e. not on purpose;
• the tenant does not pay receipts for utilities and for renting premises for more than six months;
• the tenant or his family, by their behavior, makes it impossible for neighbors to live together in this apartment;
• the tenant has been deprived of parental rights and the court believes that he cannot live with the children.

Due to non-payment of mandatory payments, eviction involves providing the tenant with another smaller premises, for example, a dormitory. For other points, a citizen can be evicted without providing other housing.

In order to deprive an unwanted tenant of municipal housing, a lot of work will have to be done.

What is the procedure for eviction from public housing?

Where to start, where to turn?

You need to start by collecting the so-called evidence base .

It is necessary to document the facts on the basis of which the tenant should be evicted from the apartment he occupies.

One complaint is not enough to make such a serious decision as depriving a person of a place to live.

First you need to contact the landlord:

• to the city government;
• to the municipality;
• to the municipal administration;
• to the structure that provides specific residential premises for social rent.

The landlord must take action against the lawbreaker and respond to the applicant within thirty days.

If the measures taken by him did not have the desired effect and the employer continues to violate the law, he will have to go to court.

Each case is individual and the list of documents depends on the reason for which the plaintiff demands to expel the tenant from municipal housing:

1. Impossibility of living together - at least two statements to the police are required with answers about the measures taken against the violator.
2. Long-term absence - you will need an act indicating the time of absence from the place of residence, certified by the management company.
3. Divorce - a copy of the divorce certificate or a copy of the court decision is required.

In many cases it is necessary to resort to the support of witnesses . These could be employees of service organizations or government agencies, or neighbors. It is a common misconception that relatives cannot be witnesses - this is not true, they can also testify to the required facts. A social tenancy agreement confirming the legality of the plaintiff’s residence in the premises is attached to the claim in any case.

An extract from the house register or a certificate of registered persons is also required for any claim.

• Documents and a statement of claim must be submitted to the court of general jurisdiction at the place of residence.
• You can file a claim yourself, guided by Articles 131 and 132 of the Code of Civil Procedure of the Russian Federation, but it is better to contact a qualified lawyer.
• Correctly, without unnecessary emotions, a statement drawn up , supported by the necessary evidence, increases the likelihood of a positive consideration of the case by the court.

Timing and cost

When filing a claim in court, payment of a state fee is required. In 2016, the state fee for a claim for expulsion from social housing is 300 rubles .

If the plaintiff wishes to use the services of a lawyer, then the cost of filing a claim and protecting his interests will depend on the individual prices of the specialist. Completely conducting a case without the participation of the plaintiff can cost several tens of thousands of rubles.

How long will it take? Practice shows that the expulsion of a tenant from municipal housing is a very long process and will take at least seven months:

1. Reception and consideration of the case in court - two months (Article 154 of the Code of Civil Procedure of the Russian Federation).
2. The issuance of a court decision and consideration of a cassation appeal takes two months (Articles 119 and 348 of the Code of Civil Procedure of the Russian Federation).
3. Return of the case from the cassation instance and issuance of a writ of execution – one month (Article 428 of the Code of Civil Procedure of the Russian Federation).
4. Enforcement proceedings in the case by bailiffs, expulsion of a citizen - two months (Article 36-FZ of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”).

In practice, consideration of the issue may be delayed and the consideration of the case is constantly postponed to a later date due to insufficient evidence, requests for new papers, failure of the defendant to appear, appeal of the court decision, etc.

Refusal to consider

The case may be refused. When accepting the statement of claim and the documents attached to it, the judge determines whether all documents required by law have been provided .

1. If he identifies significant deficiencies in the statement of claim itself or in the attached documents, he may temporarily leave it without movement and set a deadline for making corrections.
2. If the comments are not corrected within this period, the judge has the right to refuse registration and return without consideration.
3. But this does not mean that the case is completely lost - the identified comments can be taken into account, eliminated and the claim can be filed again.

Eviction can be carried out:

• without providing any place of residence;
• with the provision of a place of residence without amenities;
• with the provision of comfortable housing.

The law does not indicate the criteria by which the livability of the premises provided to replace the old one is assessed, saying only that the premises must be suitable for living with amenities “in relation to the conditions of the locality.”

Thus, in a regional city these may be some conditions, but in a rural settlement they may be different, much less favorable.

Features for certain categories of persons

• How does forced eviction work?
• If a citizen does not comply with the court decision on eviction, then the case is transferred to enforcement proceedings.
• In case of forced expulsion, the property remains with its owner; there is no forcible seizure or retention of it.
• If the eviction occurs without the provision of other premises , then the property of the evicted person can be stored in specially equipped premises.

To ensure the execution of a court decision - the eviction of a tenant, bailiffs can involve any services to facilitate this: the Ministry of Emergency Situations, the police, etc.

This happens in cases where citizens interfere with the performance of their duties , and then bailiffs have the right to break down doors or demand that an aggressive resident be calmed down.

How to evict a person from a municipal apartment if he is not registered in it? In this case, there are no major legal problems in eviction. As trivial as it may sound, an unregistered person does not have the right to live in a place where he is not registered.

To resolve this issue, you can use three options:

• talk to an unregistered person about voluntarily moving out of the living quarters;
• file a complaint with the local police inspector with a request for forced eviction;
• go to court, and the bailiffs will evict such a tenant.

How does the eviction of a registered person take place? And is it possible to evict a registered person ? In order to evict a registered tenant from an apartment, he must be discharged from there.

Forcibly deregister a person, i.e. The only way to deprive him of his registration is through legal means. The following reasons may provide strong evidence

• a citizen has not paid bills sent to him for utilities or rental housing for more than six months;
• the citizen does not live in this premises for a long time.

Without the provision of other housing (apartment, place in a dormitory), a citizen may be evicted from municipal housing in the following cases:

• loss of the right to reside there;
• initially illegal residence in it.

However, if a citizen does not have the opportunity to settle in another room, for example, he does not have close relatives or he does not have sufficient income to rent housing, the judge may give him a deferment. The law does not allow someone to be forced to become homeless.

If unscrupulous neighbors interfere with your comfortable life, you can evict them from social housing for the following reasons:

• persistent antisocial behavior;
• violations of the rights of other neighbors;
• use of housing for other purposes;
• careless handling of the premises, due to which it may deteriorate or collapse.

Who can't be evicted?

The law does not allow those registered in this premises to be left without a roof over their head or evicted without providing housing:

• minor children;
• orphans;
• dependents of a deceased employer;
• pensioners who retired due to age;
• disabled people of groups 1 and 2 who became disabled during the performance of official duties or military service;
• disabled people of groups 1 and 2 due to occupational disease;
• the family of a deceased or missing law enforcement officer.

To summarize all that has been said, it should be noted that eviction from municipal housing is, as a rule, a lengthy and very nervous procedure.

But if there are legal grounds for the expulsion of a citizen, strong evidence has been collected and a competent claim has been drawn up, then it will certainly end in success.

Eviction of a registered person from a municipal apartment: types and grounds. Where to file a claim? Sample application for eviction from non-privatized housing

Accommodation in municipal housing , which is provided to some categories of the population free of charge, must occur in accordance with legal requirements.

If the rules and living conditions are violated, citizens may be evicted.

In what cases is it possible to evict a registered person from a municipal apartment? It is worth considering what specific grounds exist for this and how the eviction procedure occurs.

Grounds for eviction

Since municipal housing is provided to preferential categories of citizens, their rights are under special protection of the state. Therefore, the grounds for eviction must be compelling.

In accordance with the Housing Code of the Russian Federation and some other legislative acts, these include the following situations:

1. Prolonged lack of payment of utility bills for the apartment . The obligation to pay for utilities is one of the main ones for every tenant, so if there are no payments for six months or more, the debtor may be evicted from the apartment for non-payment of utilities. The exception is situations when the tenant has compelling reasons for non-payment and their documentary evidence.
2. Using the premises for purposes for which it is not intended . Most often, this violation includes conducting commercial activities in the apartment, organizing animal shelters, etc.
3. Violation of the rules of residence in a residential area , as well as behavior that violates the rights of other residents. An example would be noise and repair work at the wrong time, drunkenness, drug addiction, hooliganism and other antisocial actions.
4. Causing damage to the apartment or property of neighbors - according to the rules, the tenant must take care of the property of the housing stock, otherwise he will lose his right to live in the apartment.
5. 
6. Recognition of a house as dilapidated and subject to demolition , as a result of which it is not suitable for further residence. The decision on this is made by the authorized executive body.
7. Carrying out major repairs and reconstruction in the house . If, after completion of the work, living conditions have worsened (for example, the area of ​​the apartment has decreased), the residents must be provided with new housing.
8. Transfer of premises from residential to non-residential - in this case, its residents also cannot continue to live in it and must move to another apartment provided by the state. A special case here may be the situation when an apartment or house is given into the ownership of a religious organization.
9. The impossibility of further residence of a parent with a minor child (for example, as a result of deprivation of parental rights). In this case, the citizen is subject to immediate eviction from the apartment.
10. Illegal residence in housing (for example, in the case of unauthorized occupancy) - only tenants and members of their family who have entered into an appropriate social rental agreement can live in a municipal apartment. It is illegal for other citizens to be in the apartment.

These grounds must not only be present, but their presence must be proven and documented. Moreover, not only the tenant, but also members of his family can act as violators.

In some cases, all residents of the apartment , that is, the tenant and members of his family, are subject to eviction, regardless of who actually violated the rules of residence (for example, for debts).

Read about how to evict tenants who don't pay rent here.

In most cases, eviction is forced and only through court proceedings. However, voluntary eviction is also possible - the tenant has the right to terminate the contract at any time and move to another property.

Also, the contract terminates in the event of the death of the tenant. You can also evict the owner of the premises from an apartment, how this happens and why, read here.

Kinds

The right to housing and its inviolability is one of the basic constitutional guarantees of every citizen. Therefore, issues related to eviction are under special legal protection.

This procedure can occur in two forms:

• voluntarily - in this case, the landlord and the tenant agree on eviction, and the latter himself agrees to vacate the premises;
• forcibly - occurs without the desire of the tenant and only in court, if there are grounds for this and significant evidence.

It is also possible to distinguish types of eviction depending on who initiates this procedure : representatives of the state or municipal housing stock to which this apartment belongs or other residents (for example, neighbors or family members of the tenant).

Depending on the available grounds and in accordance with Art. 84 of the Housing Code of the Russian Federation, eviction can be divided into the following types :

• with the provision of other housing;
• without providing other housing.

Article 84. Eviction of citizens from residential premises provided under social tenancy agreements Eviction of citizens from residential premises provided under social tenancy agreements is carried out in court:

• with the provision of other comfortable residential premises under social tenancy agreements;
• with the provision of other residential premises under social rental agreements;
• without the provision of other living quarters.

The first type most often includes situations where citizens are evicted from a dilapidated or demolished house.

also be provided with other social housing in cases where the reason is prolonged non-payment of utility bills.

If a tenant violates the rules of living in the house and the interests of neighbors, then he will be evicted without providing him with other housing. Read about evicting noisy neighbors in this article.

When is it impossible to evict?

The rights of some citizens to municipal housing are protected by law, so sometimes it is impossible to evict them from their apartment, even if there are compelling reasons for this.

Such citizens include:

1. Minor children registered in an apartment - their rights are under special protection of the state, so it will not be possible to evict them before the age of 18, even in court.
2. Citizens who do not have other housing or the opportunity to purchase it . If a person has nowhere to move and does not have the money to buy or rent an apartment, the procedure for eviction will be extremely difficult and impossible until he finds a new apartment.
3. Children left without parental care - their eviction is possible only with the permission of the guardianship authorities (which is issued extremely rarely) and only if they move to another housing (the conditions in which are no worse than the current ones).
4. Pensioners, veterans, disabled people - all these citizens belong to unprotected categories of the population and therefore it is also extremely difficult to evict them from their apartment.

However, it should be remembered that, unlike a privatized apartment, a municipal one is not the property of the tenant , therefore it is much easier to deprive him of the right to live in it.

The eviction procedure can be initiated both by residents and other tenants, and by local authorities.

The whole procedure can be divided into three parts:

1. Pre-trial – before the start of the trial, the tenant must be warned about the possible consequences. This is done by conducting an explanatory conversation with him, issuing a warning or imposing an administrative fine. It is desirable that all these preliminary measures are either carried out in the presence of witnesses or recorded in writing (in acts, protocols). These documents may then be needed in court.
2. Judicial - if all preventive measures have not brought results, a representative of a government agency or a tenant has the right to sue the violator. To do this, you need to file a claim for eviction from a non-privatized apartment (statement of claim), pay the state fee and collect the necessary documents.
3. Post-trial – this stage occurs only if a positive court decision is made in the eviction case. If the tenant does not want to move out even after presenting a written decision, bailiffs are involved in the case. Forced eviction is carried out in the presence of two witnesses and with the preparation of relevant documents: an inventory of property and an eviction act.

Required documents

In order to forcibly evict an unwanted (or unregistered) tenant from an apartment, you must go to court. The main document that is drawn up is the statement of claim for eviction.

It must indicate:

• Full names of both parties to the case;
• telephone numbers and addresses of both the defendant and the plaintiff;
• the name of the judicial authority to which the appeal is made;
• a brief statement of claims and grounds for eviction of the tenant;
• list of documents supporting claims.

Sample application for eviction from a municipal apartment.

An application is submitted to the district or city court of general jurisdiction at the resident’s place of residence.

In addition to the application, you must also submit a receipt for payment of the state fee and all documents confirming the violation on the part of the tenant.

For example, these could be:

• protocols of law enforcement agencies on facts of offenses;
• complaints and written warnings to the tenant;
• documents confirming the absence of payment for the apartment (for example, statements from a personal account);
• acts on the dilapidated condition of the premises;
• decisions of authorized bodies to carry out repairs, reconstruction or demolition;
• written testimony of neighbors or family members of the tenant, etc.

In addition to documents, witnesses may also be involved in the trial - in the case of offenses, their testimony will be the main evidence in the case.

Most often, before filing a lawsuit, the violator receives a warning or a fine . If he continues to commit illegal acts after this, legal proceedings become possible.

The tenant of social housing has very limited rights to such property - he can only live in it, alone or with members of his family. How eviction from a hostel occurs is described in detail in this site material.

However, in some cases, he risks losing this right - if his residence in the apartment violates established rules or the interests of other people.

Eviction from a municipal apartment: grounds, judicial practice, sample claim 2023

The rules for using municipal housing are determined by the Housing Code of the Russian Federation. Most often, eviction from a municipal apartment occurs voluntarily due to the termination of the tenancy agreement and the former tenant moving to another place of residence.

It happens that an employer violates the rules of residence in rented housing, places an office there, and does not pay utility bills on time. In such a situation, he may be forcibly deprived of housing.

In this article we will look at the grounds and procedure for eviction.

Is it possible to evict citizens registered in it from a municipal apartment?

Municipal housing is owned by the municipality. Citizens live there on the basis of a social tenancy agreement.

The tenant has only the right to own and use residential real estate. Since the rented apartment is his permanent place of residence, he applies for registration for himself and his family members.

In accordance with Article 67 of the Housing Code of the Russian Federation, a citizen living in a municipal apartment is obliged to monitor the condition of the property, carry out routine repairs, pay rent on time and pay utility bills. If the tenant does not comply with these conditions, even a registered person can be evicted (see eviction of a registered person from an apartment).

On what grounds are evictions from an apartment carried out?

The grounds for eviction are established by Articles 84-91 of the Housing Code of the Russian Federation. The legislator divides them into three groups.

With the provision of comfortable housing

A citizen may lose his apartment through no fault of his own. If he does not violate the terms of the social tenancy agreement, municipal authorities are obliged to provide other comfortable housing. Let us consider in more detail in which cases eviction is carried out with the provision of another place of residence.

House demolition

If the housing is in poor condition, the floor materials and walls have worn out by more than 70%, it is considered unsafe. A special commission decides to demolish the house. It is entered into a special register for relocation on a first-come, first-served basis (see relocation from emergency housing). In emergency situations, residents are evicted immediately.

If immediate eviction is not planned, then it is carried out within a year from the moment the house is declared unsafe.

Seizure of land under the house

The seizure of a land plot under a residential building is carried out exclusively for state and municipal needs. For example, for the construction of roads, the construction of gas supply facilities, defense, and the nuclear industry. The decision is made by state and municipal authorities. Residents are notified in advance of the need to move to another apartment.

Transfer to non-residential premises

A municipal apartment located on the ground floor of a house can be transferred to non-residential premises.

Since the property is owned by local authorities, they have the right to dispose of it at their own discretion.

If the municipality decides to rent out residential premises for an office or a store, it is removed from the non-residential stock. The tenant is offered other housing of equal comfort and size.

Recognition of an apartment as unfit for habitation

The procedure for declaring an apartment unsuitable for habitation is established by Decree of the Government of the Russian Federation of January 28, 2006 No. 47.

The basis is harmful environmental factors that threaten the safety of life and health of citizens. These include avalanches, landslides, man-made accidents, and high background radiation.

The decision to recognize housing as unsuitable is communicated to the tenant. After this, he is moved to another apartment.

Carrying out major repairs

In the case where the owner plans major repairs or reconstruction, he finds out whether the residential premises transferred to social rent will be affected. If construction work leads to a change in the area of ​​the apartment or it is not preserved, the tenant is offered another place of residence.

Transfer of housing to a religious organization

It happens that residential premises of the municipal fund are transferred to religious organizations for a temple, monastery, or other religious needs. According to Part 8 of Article 5 of Law No. 327-FZ of November 30, 2010, this can be done after the eviction of tenants living there on the basis of a social tenancy agreement with the provision of another apartment.

Why can they be evicted from public housing?

After living in public housing for a long time, citizens can consider it theirs in fact. But legally it belongs to the municipality. The rules for its use are determined by law. There are specific reasons why such an apartment can be evicted without the consent of the residents.

Reasons

According to the social tenancy agreement, residents of municipal housing are obliged to:

• maintain order in the apartment;
• ensure that utilities are in good working order;
• carry out repair work on time;
• do not make noise in the evening;
• do not make the residence non-residential;
• pay for utilities;
• use the property only for its intended purpose.

If these responsibilities are violated, residents may be evicted.

Another reason for eviction is proof that the citizen has been living at a different address for a long time. The grounds for eviction from a municipal apartment are defined by law and cannot be challenged.

The legislative framework

• In accordance with Article 131 of the Code of Civil Procedure of the Russian Federation, the format of the statement of claim is determined.
• According to Article 60 (Part 1) of the Housing Code, the parties to the social tenancy agreement are the owner of the living space and the tenant.
• The procedure for the provision of municipal housing, residence and eviction from it is regulated by articles 49-91 of the Housing Code of the Russian Federation.

Eviction from a municipal apartment

In accordance with the law, there are 3 options for eviction from a municipal apartment:

1. Eviction to another housing, more comfortable or the same. Such living space is provided in case of demolition or reconstruction.
2. Eviction to a less comfortable apartment. This option applies to those who do not pay for utilities. The plaintiff in this case is the municipality.
3. Eviction without provision of alternative housing. A more severe option is used after a trial in court.

You can evict one family member or all of them.

Registered person

Even if a person is registered in a state apartment, it is possible to evict him from there. The reasons for this are the same - privatization of housing, living in another apartment, violation of the rights of neighbors, debts for utilities. However, if it is a disabled person, a member of the violator’s family, then they cannot be evicted by law.

Eviction will be denied if an incomplete package of documents is provided, the application is filled out incorrectly, or the fact of violation is not proven.

If the tenant agrees to move out, then the matter will not go to court. If you need the help of a judge, the procedure will take about 3 months.

Unregistered

The grounds for eviction of unregistered citizens from an apartment are a change of owner, expiration of a social tenancy agreement, or the owner’s request.

Only the owner of the living space or neighbors have the right to go to court.

Ex-spouse

After divorce, the husband or wife is required to vacate the living space on a voluntary basis. If he does not do this, the owner has the right to go to court to force him to evict.

According to the law, as soon as the family relationship is officially dissolved, the ex-husband (wife) loses the right to use the apartment for his own interests.

The court takes into account the following factors:

• whether the person being evicted has a permanent job;
• does he have housing?
• Do they have any minor children together?

The judge may grant a deferment and give the evicted citizen time to find new housing.

Minor child

Protecting the rights of a minor child is the main goal of the state. That is, it is almost impossible to evict him from a municipal apartment. The only solution is for the child's parents or guardian to move to a new apartment.

The guardianship authorities will give permission to deregister in several cases:

• both parents will give written consent and provide the child with the same living conditions in the new apartment;
• at the request of a child over 14 years of age.

By law, a minor child has more rights to public housing than his mother and father. By evicting the parents, the child retains the rights to the apartment, and guardianship is also established over them (if the parents are deprived of parental rights).

For eviction by court decision, an attempt is given 1 time. The claim will be denied if the decision was made earlier.

With or without provision of other living space

Citizens can be evicted with or without the provision of other housing. The first option is possible in the following cases:

• the premises have become uninhabited;
• the house is subject to demolition;
• the house is declared uninhabitable;
• the building is being reconstructed;
• the state decided to transfer the apartment to a religious organization;
• Residents have arrears for utility bills for more than 6 months.

The grounds for eviction without provision of other housing are:

• living in an apartment without permission from the authorities;
• deprivation of citizens of parental rights;
• use of the premises for other purposes;
• disturbing the peace of neighbors;
• redevelopment is not legal.

If violations are not corrected, residents will be evicted through the courts.

Who cannot be deprived of housing?

The law defines persons who cannot be evicted even by a court decision. This list includes:

• disabled people;
• pensioners;
• minor children.

Procedure

You can evict from an apartment by mutual consent or by court decision. The main purpose of this action is to deprive the tenant of the right to use the property for his own purposes.

The algorithm of actions is as follows:

1. A statement of claim is being drawn up.
2. The claim, documents and receipt for payment of the fee are submitted to the court.
3. At the court hearing, the reasons for the eviction are indicated.
4. If the judge's decision is positive, the bailiffs begin the eviction process.
5. The citizen is deregistered.

After eviction, the citizen moves to another property allocated by the state.

Going to court

Any situation that involves eviction of tenants is resolved only through the court. The application will be considered at the defendant’s place of residence. Both neighbors and the homeowner can go to court.

Sample claim

A claim in court must be drawn up in accordance with the norms and requirements of current legislation.

Please provide the following information in the document:

• personal and contact details of the parties;
• legal address of the court;
• the requirement for eviction from a municipal apartment should be stated briefly and clearly;
• proof.

It is also necessary to indicate a list of documents attached to the claim.

A sample statement of claim for eviction from a municipal apartment is presented here.

The following documents serve as evidence:

• personal account statement – ​​confirms the existence of a debt for utility bills, must be more than six months;
• conclusion of the commission confirming the fact of damage to property;
• testimony from neighbors;
• law enforcement protocol;
• technical documents for the apartment;
• social rental agreement.

Other documents

To go to court, in 2023 you will need the following documents:

• on registration in municipal housing;
• grounds for eviction;
• applicant's passport;
• receipt of payment of duty.

Without these documents, the application will not be considered.

The court's decision

After reviewing the documents, the judge makes a decision. If it is positive, then a meeting is scheduled. If negative, the application remains without progress. You can find out about the decision on the court’s website or visit it in person.

Arbitrage practice

Housing is a complex legal issue. Eviction by mutual consent can be done without difficulty. But if agreement cannot be reached, then litigation cannot be avoided.

Here is the judicial practice on eviction from an apartment.

Thus, you can evict from a municipal apartment either by your own consent or through the court. The initiator may be the owner of the apartment or the person whose rights have been violated.