Eviction from the only housing, can they be evicted from an apartment if there is no other housing?

Is it possible to evict a person from housing if it is the only one for him and his family? It would seem that the Constitution of the Russian Federation protects the citizens of its country, guaranteeing everyone a roof over their head. However, the procedure for eviction by court decision is not such a rare phenomenon, and the reasons for it can be very different. And most importantly - completely legal, established by such serious sets of legal acts as the Civil and Housing Codes of the Russian Federation.

Let's take a closer look at what the grounds for eviction from various types of housing may be, and whether it is possible to avoid this unpleasant procedure or challenge it.

Eviction from service housing

Service (or, otherwise, specialized) housing belongs to the category provided for temporary use (Articles 99-100 of the Housing Code of the Russian Federation). The basis is the rental agreement.

As a rule, the provision of such housing is practiced only in cases where the landlord and tenant have an employment relationship. And the rental agreement is valid exactly as long as they exist: with dismissal, the right to use official housing also ends.

This must be stated in the contract.

There are exceptions related to the recognition of a residential premises as unsafe, its demolition or transfer to non-residential stock, the personal desire of the tenant in connection with the acquisition of his own apartment, etc. In the first three cases, alternative accommodation is provided.

What reasons might prompt a landlord to file a lawsuit to terminate the lease agreement and subsequently evict the tenants?

All of them are listed in Article 83 of the RF Housing Code:

• violation of the rights and interests of neighbors (antisocial behavior, hooliganism, night noises, etc.);
• use of housing for purposes other than its intended purpose (for example, subletting or use for trade and production purposes);
• non-payment for housing and utility services without good reason for more than 6 months;
• intentional damage to housing leading to its destruction (illegal redevelopment, violation of sanitary and other standards, etc.);

After the trial, if the claim is satisfied, the tenant and his family are obliged to vacate the apartment within the established time frame, or they will face a forced eviction procedure without the provision of alternative housing.

It does not matter that it was the only one. You can only count on a delay to find another refuge.

There is a certain category of people who cannot be evicted from a service apartment without providing other housing.

These include:

• old age pensioners;
• disabled people of groups I and II, the cause of whose disability was the performance of their official duties;
• family members of a deceased employer or law enforcement officers who died while performing their official duty;
• orphans.

All of them are required to be provided with other housing, but only if they are registered at this address and are recognized as in need of housing.

Eviction from public housing

The owner of municipal housing is the state represented by local authorities. A social tenancy agreement is concluded between the owner and the tenant, which gives the right to live and register in the apartment, but does not allow it to be disposed of.

Unlike the situation with official housing, a social rental agreement is concluded not for a certain period, but for life (Article 60 of the Housing Code of the Russian Federation).

There are a number of objective reasons when eviction can occur without the consent of the owner:

• emergency condition of housing,
• demolition of the entire house,
• transfer of premises for the needs of the state or church, etc.

However, alternative housing of the same or better quality must be provided. It is also provided in case of eviction for non-payment of housing and communal services, but may be of worse quality than the previous one.

Eviction at the initiative of the owner from municipal housing, without the provision of other premises for living, occurs for the reasons specified in Article 83 of the Housing Code of the Russian Federation, and already listed above.

To these can be added the deprivation of parental rights, when the apartment is left to the children, and the parents are evicted “to nowhere.” In all of these cases, it also does not take into account whether this housing is the only one.

Only two categories of persons cannot be evicted without providing other suitable housing:

• minor children who must live and be registered with their parents;
• disabled people of group I.

The eviction procedure in the case of municipal and service housing is identical: if the tenant refuses to leave the premises in accordance with the court decision within the established time frame, he will be forcibly evicted by bailiffs and police.

It should be noted that the administration filing a lawsuit is an extreme, last resort measure. Before this, attempts are made to pre-trial resolve the conflict situation: inspections are carried out, warnings are issued, in case of non-payment of utilities, the opportunity to pay in installments is provided, etc.

If residents do not want to correct the violations or change their antisocial behavior, the authorities are forced to go to court.

The trial in these cases is carried out in detail and scrupulously, with the study of all materials in the case, including witness testimony and supporting documents. Judicial practice suggests that a verdict on eviction from a single home is not made very often, but similar precedents do occur.

Eviction from your own home

It is impossible to evict the owner from his only home. This is clearly regulated by Article 446 of the Code of Civil Procedure of the Russian Federation.

In case of violations described in Article 293 of the Civil Code of the Russian Federation (destruction or use of housing for other purposes, violation of the rights of neighbors), as well as a long delay in payment of housing and communal services and other debts to individuals or legal entities, other collection measures may be applied to it.

• These are mainly administrative fines and court orders.
• If the owner has other housing, then, based on a claim from local authorities, the court may decide to evict the disputed apartment and sell it at public auction.
• Part of the proceeds goes to pay off the debt or eliminate the consequences of destruction, the rest is returned to the owner.
• The exception in this case is mortgaged housing, since it is pledged to the bank and is its property.

In case of debts on a mortgage loan, the bank has the right to foreclose on the mortgaged apartment and file a claim with the court for eviction.

No mitigating circumstances, including the fact that housing is the only one or the presence of minor children, apply in this case. The maximum you can count on is to receive a deferment on eviction.

Eviction procedure

The eviction procedure is carried out, as mentioned above, on the basis of a court decision. If the employer fails to comply with this decision, enforcement proceedings are initiated. Both the tenant and the owner are notified of this. In addition, residents who have not complied with the court decision will be required to pay an enforcement fee.

The bailiff sets a new deadline for eviction and notifies the tenants in writing, while simultaneously calling for voluntary execution of the court decision, without the use of penalties and force.

When the new period has expired, the bailiff has the right to carry out eviction without prior warning.

The task of the bailiff in the framework of enforcement proceedings is to clear the premises from people, property and pets.

The eviction procedure is carried out in the presence of at least 2 witnesses. Based on the results of vacating the apartment, two documents are drawn up:

• an eviction act signed by all participants in the procedure;
• inventory of property.

The property continues to belong to its owners, but in the event of eviction without the provision of housing, it may remain in state custody for 2 months. In this case, a mark is placed in the inventory indicating the location of its storage. Forcible retention of property is possible only in case of non-fulfillment of debt obligations.

How to prevent eviction?

We have already realized that preventing the execution of a court decision is not only impossible, but also fraught with additional consequences. You can prevent eviction by fulfilling all your obligations regarding housing maintenance, hostel rules, and timely payment of debts and utilities. It is possible to challenge a court decision, but in most cases it is futile.

The tenant or owner of the residential premises has a wide scope for action to correct violations at the stage of warnings, as well as at the time of trial.

To do this, you should contact a qualified, experienced lawyer.

He will help collect evidence in favor of the client and will represent his interests in court. It is extremely difficult to do this on your own, without sufficient knowledge of legislation and judicial practice.

Can they be evicted from an apartment if there is no other housing and how can I challenge or avoid the procedure?

How to avoid getting evicted? There is only one answer - follow the rules of living in an apartment building and regularly pay for the services received .

It’s more difficult for mortgagers - they can only hope that a severe illness will not fall or something else will happen that will make repaying the loan impossible...

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 (499) 938-44-61. It's fast and free!

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Read about the specifics of eviction from a privatized apartment in our article. Also find out whether you can evict a registered person if he is not the owner.

Is it possible to?

Yes it is possible. And not only for non-payment of housing and communal services, but also in the case of a mortgage loan (which is especially important recently).

Even if some seemingly literate people strenuously argue the opposite, citing the Civil Procedure Code of the Russian Federation, or more precisely Article 446.

Apparently, they simply did not read this article - and it clearly states that the creditor cannot take away the debtor’s only home . This is true.

But in the case of a mortgage, the home does not belong to the borrower - it is owned by the financial institution, which means the owner has the right, in an emergency, to direct foreclosure against the mortgaged home.

You can learn about how to evict illegal residents from an apartment, as well as how to evict an antisocial neighbor from a communal apartment, on our website.

Causes

So, the mortgage is clear. But besides insolvency as a creditor, there are other chances to remain on the street :

You can find out whether it is possible to evict an unregistered person or a former spouse from our articles.

Can they be evicted from an apartment if there is no other housing? They can evict even in cases where the citizen himself did not make an effort for the authorities to apply such a measure.

But in this case, the question of the only dwelling does not apply, since the selected dwelling must be replaced with an equally comfortable one.

Another chance can be given to the inhabitant of social square meters during eviction for housing and communal services debts (Article 103 of the Housing Code of the Russian Federation).

However, this is not always possible, but only in cases where the state considers that he objectively could not pay :

• the culprit is a pensioner and his pension is simply not enough to cover the arrears;
• presence of dependents - children and disabled people of groups 1 and 2;
• the offender is seriously ill.

Read our article about whether it is possible to evict a minor child from an apartment.

Where will they be expelled?

You'll be lucky if you go to another monastery, empty and less comfortable. And there are few opportunities for the court to show leniency and not completely deprive him of a roof over his head, as just mentioned. If they are evicted to another housing, they proceed from the norms for hostels.

They are resettled into comfortable housing only if the person being expelled has not taken any culpable actions.

They do not have the right to evict actual family members and those who at one time refused privatization in favor of another relative.

Do they have the right to evict them to “nowhere”? Yes, they do. Moreover, in especially severe cases - even the owner (Article 293 of the Civil Code of the Russian Federation). Not to mention the change of owner of residential premises.

This is the technique that apartment owners often use when they have difficulty getting rid of extra tenants. They don’t want to leave in good health and that’s all. Then the apartment is sold, and the new owner calmly signs out all the inhabitants - they are not members of his family (Article 31 of the Housing Code of the Russian Federation).

Do they have the right to evict from an apartment in winter? Yes. The law does not say anywhere about restrictions in the form of time of year.

Read about the specifics of eviction from a non-privatized or service apartment on our website.

The simplest thing is not to reach this point. At first, the Management Company and the owner will ask to eliminate the violations by contacting the violator with letters .

They must be sent by registered mail with notification under a personal signature. And only then will there be a trial.

If it has reached this stage, do not panic. Convincing the court that you urgently need to be made homeless is not an easy task, and therefore you need to have time to turn the situation in your favor .

Contact an experienced lawyer as soon as possible and tell us about your problem. He will help collect evidence that you do not deserve a severe punishment and represent your interests in court.

Is it possible to challenge an eviction? Sometimes yes. This usually happens in the following cases:

• the owner or the municipality did not try to solve the problem out of court;
• the offender has serious excusable circumstances - disabled dependents, or he himself is seriously ill or is a pensioner with a meager pension;
• you were evicted as a result of an imaginary transaction (Article 170 of the Civil Code of the Russian Federation, although it is extremely difficult to prove)

Find out about the grounds and procedure for eviction from an apartment in our article. A sample statement of claim to the court for eviction can be downloaded here.

How to avoid extreme measures?

To behave . Don't cause extreme events for your neighbors. Do not use the apartment for, for example, a warehouse - it is much better to rent the necessary premises if you decide to engage in commercial activities.

Pay your mortgage on time and don’t run from the bank if conflict situations arise. Pay for services .

But if you cannot avoid it, quickly involve a lawyer in the case . You can't defend yourself.

So there is reason to be afraid, even for apartment owners. And it’s not always the tenant’s fault.

The main thing in this matter is to comply with the law and rules of behavior in an apartment building.

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Eviction from the only home 2023 - for debts, can a debtor be evicted, by law?

The recent initiative of the Ministry of Justice to deprive the only housing caused outrage due to a clear violation of the provisions of the Constitution.

Meanwhile, in practice, each situation should be considered separately, because the reason can be quite serious.

Among them are:

• systematic violation of safety rules, which threatens other residents and the building;
• rendering living space unusable or using it for commercial needs as non-residential premises;
• accumulation of huge debts on various utility bills, especially when bills have not been paid for years;
• a new legal owner of the house or apartment has appeared.

Recognition of housing as unsafe only indicates a change of address, since another living space must be provided.

Residents of social real estate will also be able to count on this if they have a serious illness, have dependents with the status of disabled people and children, and the pension is simply not enough to cover expenses, despite the daily allowance and range of services.

Legislative regulation

In order for eviction from the only housing to take place on legal grounds, they turn to the provisions of current regulations. You should take into account the amendments and changes made in order to take steps to restore your rights in 2023.

While the Ministry of Justice is developing a project related to the problems of eviction, we have to turn to the articles of the Housing Code.

They say what is needed:

• pay utility bills on time and not make the premises unsanitary (Article 90 and Article 153);
• municipal housing residents who ignore paying bills for six months face eviction (Article 90);
• avoid creating dangerous situations leading to disablement (Article 91);
• if a house is recognized as unsafe, it must be demolished and another area provided (Article 85);
• when debts for utilities accumulate, you can demand other housing if there are good reasons (Article 103).

Basically, they operate with Articles 90 and 91 of the LC. The Civil Code explains the actions of the new owner if the old one continues to live in the apartment.

With a mortgage, the lender will have the right to take away the property, since the property is owned by a banking or credit institution (Article 446 of the Code of Civil Procedure of the Russian Federation).

Eviction from the only dwelling

It is always necessary to proceed from the current standards in order to find out whether the put forward reason can be considered legitimate or subject to challenge.

Sometimes a paradoxical situation arises when the owner of expensive real estate persistently violates his obligations or is not going to pay for the resources consumed.

There is no need to wait for a court decision. After all, seizure will not allow the sale and acquisition of other property.

Eventually, it will be possible to sell existing valuable property and pay off debts or take steps to resolve the problems that led to the eviction.

For debts

Practice shows that eviction from the only home for debt does not happen so often. People living in public housing and communal apartments should be most wary.

It only takes six months of not paying monthly bills to start the procedure. In order not to be forced to find yourself without a roof over your head, you need to prove that:

• you have been fired from your job and have not yet been able to find a job;
• the family is experiencing a difficult financial situation; there are barely enough funds to cover basic expenses;
• there are minor children in their care;
• the employer himself or his family members have a serious illness, which can lead to disability.

A court decision will provide an opportunity to move to another place. At the same time, isolation, compliance with all housing and sanitary standards, and residence in the same city or village are maintained. Each family member must have at least 6 meters.

From my own

Owners of a privatized apartment are in a more advantageous position. It will not be possible to evict them from their only property.

If the property is used for other purposes, violates the rights of neighbors or owes utility bills, court orders or fines are applied.

Eviction is possible if housing is needed for municipal or state needs. It will be redeemed.

If there is other housing, a claim is filed to allow eviction from the disputed apartment in order to sell it at auction and pay debts or eliminate the consequences of destruction.

The Mortgage Law states that the financial institution that provided the loan must notify the debtor one month in advance and demand payment of the debt.

Otherwise, the apartment is put up for auction, but until the sale has taken place, you can deposit funds, taking into account bank expenses, and return the property.

From the municipal

Strict requirements are imposed on tenants under a social tenancy agreement.

When living in a communal or municipal apartment, you should avoid delays in paying your bill for more than six months, despite the fact that the contract is of an indefinite nature.

People can be evicted without approval as a result of the housing being declared unsafe, the house being demolished, or being transferred for municipal needs. However, an alternative option must be provided that does not worsen living conditions.

If violations are not corrected and bills are not paid, the authorities turn to the courts. The decision will set the execution flywheel in motion and eviction will occur.

Accommodation in the office space is possible as long as the terms of the signed employment contract are in effect.

Where will they be expelled?

The absence of malicious intent and financial problems help to obtain other real estate, although not always as comfortable.

Dormitory standards apply and people are often moved here to live. But we cannot exclude cases when you will have to look for housing on your own.

Owners of houses built in dacha and garden associations will have more luck. If you can live in them all year round, then the issue of registration can be resolved without difficulty.

It is impossible to forcibly evict family members and those who did not participate in the privatization process. One point is not taken into account here. The apartment can be sold and the new owner can calmly remove unwanted tenants who are not his relatives or family members.

The time of year is not of fundamental importance. Bailiffs will be able to knock on the door both in hot summer and frosty winter.

Procedure

Systematic violations included in the list of grounds and the accumulation of debts, when not a penny has been paid for six months, will lead to forced eviction. It is dealt with by the courts and the prosecutor's office.

Banking institutions in the case of mortgages or the landlord represented by municipal authorities providing social housing must inform about violations at least a month in advance. The deadlines for correcting the situation and paying the debt are indicated.

Ignoring legal requirements will result in legal action. Once the decision is made, the procedure will begin. This mainly affects responsible tenants and tenants who have entered into a social tenancy agreement. But in rare cases, the owner may lose the apartment if he has other housing and serious violations are proven.

Evidence base

As evidence, extracts from the housing and civil codes will be presented, which clearly indicate the grounds for the procedure.

Attached are unpaid receipts for six months with penalties included, which are growing every day.

A formal notice reporting violations and requiring correction is usually sent by certified mail with return receipt certified as having been received.

The proof will be an employment contract or a social tenancy agreement when it comes to service, communal and municipal housing.

A number of violations will be recorded by the district police officer or the expert commission that examined the premises.

Statement of claim

You need to be especially careful when filling out your application. It includes a number of details and ready-made samples are used when designing, which does not exclude a free style of presentation.

Here it is indicated:

• the name of the judicial institution where the hearing will take place;
• passport details of the applicant and the defendant indicating the place of registration;
• a request for eviction based on his actions;
• reference to regulations along with evidence included in the appendix;
• information about attempts at pre-trial settlement.

You must remember to put the filing date and signature in the statement of claim. Enclosed are copies and originals of documents.

A sample letter of claim for eviction is here.

Documentation

Without documentary evidence, it is difficult to confirm the application, much less win the process.

The main list includes:

• passport of the applicant or his legal representative after issuance of a notarized power of attorney;
• title documents for real estate, social lease agreement, sale, deed of gift, entry into inheritance rights;
• certificate of the composition of registered persons;
• written testimony of witnesses along with a protocol of violation of the rules;
• statement of the accumulated debt;
• receipt of payment of state duty.

Additionally, other papers may be required. They will be able to confirm your financial situation, job loss or disability.

The court's decision

Public hearings will allow the participation of experienced lawyers and all interested parties.

The rendered verdict will lead to the involvement of bailiffs, who must:

• study the resolution and prepare a notice for both parties informing them of the start of enforcement proceedings;
• take measures to find the defendant so that he can voluntarily leave the premises; if he refuses, another notification will be sent;
• prepare an eviction act with data on living space, as well as an inventory of property;
• ensure the presence of two witnesses, they will sign the act.

Personal property passes into the hands of the rightful owner. Tenants and owners must still pay utility bills.

Is it possible to challenge?

Is it possible to challenge the procedure for seizing square meters and what arguments can be given:

• there are serious circumstances that will allow payment to be deferred for a certain period;
• it will be possible to prove the absence of attempts on the part of the tenant to resolve the issue pre-trial;
• a fictitious sale and purchase took place.

One month is given to file an appeal. Six months are allotted for a cassation appeal.

How to prevent it?

It is undesirable to take it to the extreme, because the adopted court ruling will practically make it impossible to live in an apartment or house.

It is not so difficult to follow the basic rules of the hostel and keep the living space in proper order.

Financial problems are not a reason to completely refuse payment. Today it is possible to contact social protection authorities and receive financial assistance.

Notices from the management company and municipal authorities cannot be ignored. You need to understand that it is easier to pay a certain amount and draw up a payment schedule. Such behavior will not lead to the filing of a claim.

Arbitrage practice

Cases of this kind have begun to be considered more and more often, as confirmed by reviews of judicial practice prepared by the Supreme Court.

Problems in court arise when:

• presentation of utility debts, if payment has been made at least once;
• establishing the fault of neighbors' activity at night;
• unwillingness of the defendant to comply with the decision;
• errors encountered during the procedure by the bailiff.

In the latter case, it is possible to challenge the decision or delay its execution. It is important to seek legal assistance in a timely manner to assert your rights during the review process and avoid eviction.

Video about eviction from the only home

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• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Housing problems - what to do if you are evicted to the street, and how to avoid it?

The issue of evicting a person from his only home is quite controversial. On the one hand, the country has a Constitution, according to Article 40 of which, everyone has the right to housing. No citizen of the Russian Federation can be arbitrarily deprived of his home.

But why then do some people remain without permanent residence? In what cases and on what grounds can a person be evicted from his only place of residence? In what situations is the state obliged to provide the evicted person with alternative housing and, most importantly, what to do if you are evicted? Answers to these questions will be provided below.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 (499) 938-47-82. It's fast and free!

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Can they be evicted from their only home?

It is necessary to understand that the forced eviction of a person from any housing is possible only in one case - if there is a court order for this . All eviction litigation is a lengthy process and evicting a person to the street is, in fact, very difficult. Much depends on what the reasons are and who is the owner of the premises from which the eviction occurs.

From rented

The landlord is the owner of the property and has the right to dispose of it at his own discretion. When renting out property, he gives the property for temporary use for a certain fee and for a clearly defined period.

After the expiration of the lease term specified in the contract, the owner has the right not to renew the contract and evict the tenant without being interested in whether he has other housing or not.

If the contract has not expired, the tenant must first be notified of the intention to terminate the contract early.

In order for a lease agreement to be terminated early in court and a person forcibly evicted from the rented housing, which is his only one, the court must be provided with more than compelling reasons (you can find out whether it is possible to entertain tenants in winter here).

From the municipal

A person can be evicted from municipal housing, which is the only one . Depending on the grounds for eviction, he may be provided with alternative housing or may be evicted to “nowhere.”

The question of whether this is his only home or not will not interest anyone. In some cases, the debtor may make concessions in the form of debt restructuring or deferment. But if the situation does not change, the bank will go ahead with the eviction and the law will be on its side, according to Article 78 of Federal Law No. 102 of July 16, 1998.

Read more about whether someone can be evicted from an apartment due to debt for housing and communal services, a mortgage and other loans.

From owned

In this case, we are not talking about eviction. If an apartment is privatized and a person is its owner, no one can deprive him of his right to this apartment under Article 40 of the Constitution.

Constitution of the Russian Federation. Article 40

1. Everyone has the right to housing. No one can be arbitrarily deprived of their home.
2. State authorities and local governments encourage housing construction and create conditions for the exercise of the right to housing.
3. Low-income people and other citizens specified in the law who need housing are provided with it free of charge or for an affordable fee from state, municipal and other housing funds in accordance with the norms established by law.

The question arises, what to do if such a tenant disturbs neighbors, disturbs the peace of others, or creates unsanitary conditions? According to Art.

293 of the Civil Code of the Russian Federation, the court may rule on the forced sale of such a single dwelling at auction .

No one will provide him with an apartment in exchange for the one sold, but all the money raised from the auction will be transferred to the owner with the expectation that he will buy a new home (we talked in detail about how to evict neighbors who interfere with life, we told here).

If a person systematically fails to pay utility bills, the court may seize his only home (the apartment can be lived in, but cannot be sold) until the debts are fully repaid.

If the living area of ​​an apartment exceeds the minimum standards for living space per person, the court may oblige the owner to sell the apartment at a price that will allow him to purchase a new home in accordance with all standards and pay off all debts with the remaining money.

No one will be able to evict the owner of a privatized apartment from his only home , even through the courts. Also, if it is proven that this apartment is the only one, according to Art. 446 of the Code of Civil Procedure of the Russian Federation, no penalties can be brought against her under executive documents.

From the office

Eviction is possible even if the official housing is the only one. The grounds may include not only termination of employment relations with the owner who provided the office premises. We will discuss the reasons for such eviction in more detail below.

For whom is this impossible?

If the official housing is the only one, you cannot evict from it:

• spouses and minor children of a person who died in the performance of official duties (you can find out whether minor children can be evicted from residential premises here);
• disabled people of groups 1 and 2, if the disability was acquired during the performance of official obligations;
• old age pensioners.

You can't evict from public housing:

1. minor orphans;
2. residents with dependent children and disabled people;
3. a person recognized as disabled since childhood;
4. people with mental illness;
5. citizens who do not have the opportunity to find a job for reasons beyond their control.

For more information about who cannot be evicted from an apartment, see the video below:

Reasons for eviction

Next, we will take a closer look at the reasons and grounds under which a person can be cheerful from his only living space. If this is official housing, then the grounds will be as follows :

1. Termination of the employment contract, termination of any relationship between the owner and the tenant on the basis of which the office premises were provided.
2. Change of owner of service housing, in which the new owner does not have any labor relations with the tenant and, in fact, does not owe him anything (Clause 2 of Article 102 of the Housing Code of the Russian Federation).
3. Debt to pay for utilities, damage to property, use of premises for other purposes (clauses 1-4, part 4, article 101 of the RF Housing Code, clause 1, article 103 of the RF Housing Code).

If the housing is municipal, the reasons for eviction may be:

• Constant violations of the rights and interests of neighbors (clause 3, part 4, article 83 of the Housing Code of the Russian Federation).
• Failure to comply with the terms of the social tenancy agreement - unsanitary conditions, damage to municipal property, non-payment of utilities (Part 3 of Article 67 of the Housing Code of the Russian Federation, Article 86 of the Housing Code of the Russian Federation, clause 2 of Part 3 and Part 4 of Article 79 of the Housing Code of the Russian Federation). If, for these reasons, the tenant refuses to move out voluntarily, in accordance with Part 5 of Art. 79 Housing Code of the Russian Federation and Art. 91 of the Housing Code of the Russian Federation, they have the right to forcibly evict him without providing other housing.
• Recognition of housing as unsafe, dangerous for further residence, as well as transfer of its ownership to religious organizations. According to Article 85 of the Housing Code of the Russian Federation, eviction on these grounds will be carried out, even if the tenant has only one home. At the same time, they are required to provide him with other living space.

For more information about the reasons for eviction, see the video below:

Providing alternative living space

Basically, government provision of alternative housing occurs upon eviction from municipal housing . This is possible in the following cases:

1. A person is evicted for utility debts, but in court, he proves that they arose for reasons beyond his control (serious illness, loss of job). They can evict him from his only housing only if he is provided with an alternative, for example, they will offer him a smaller room in a municipal hostel (Part 1 of Article 90 of the Housing Code of the Russian Federation).
2. If a person has been deprived of parental rights and the court prohibits him from living with a child in the same living space, he can be evicted to another municipal housing that will meet the living standards (Part 2 of Article 90 of the Housing Code of the Russian Federation).
3. If the housing is recognized as unsafe and “for demolition” (Article 86 of the Housing Code of the Russian Federation).
4. If municipal housing is considered dilapidated and undergoes urgent major repairs, residents are temporarily evicted from such premises. If they have nowhere to live at this time, according to clause 1, part 2 of art. 106 of the Housing Code of the Russian Federation, they are required to be provided with temporary alternative housing from the flexible fund.

According to Art. 32 of the Housing Code of the Russian Federation, a situation may arise when a residential building is recognized as “an object for demolition” even if it is not in disrepair. For example, the state urgently needed to develop the site on which the house is located for other more important needs. Based on this article, even one’s own, privatized housing can be confiscated, and even if it is the only one.

The state is obliged to provide residents with alternative, equivalent living space. If they refuse to accept the object offered to them, according to Art. 32 of the Housing Code of the Russian Federation, they are simply compensated for the market value of the “selected” apartment.

How to avoid the procedure?

Tenants can only protect themselves from eviction, which may occur due to their fault, as well as due to non-compliance with the terms of the social tenancy agreement. In order to avoid eviction you must :

• pay utility bills on time;
• maintain normal relations with neighbors, do not cause inconvenience to anyone with your behavior;
• keep your home clean and not unsanitary;
• treats property with care and prevents its damage;
• use the housing for its intended purpose.

For more information on how to avoid eviction from an apartment, watch the video below:

Is it possible to challenge the procedure and how?

If the decision to evict from the only home has already been made by the court on the basis of Articles 32, 85, 86 of the Housing Code of the Russian Federation, there is no point in challenging it.

If the bank takes away your mortgage apartment for a long delay in payment, while you have already been granted a deferment before, you won’t be able to challenge anything either.

Even if the court has already decided to evict you for utility debts and you have the opportunity to pay them, it is better to do so. If receipts for full payment are provided, the court order may be canceled .

According to the law, the owner’s intentions to evict you must be previously notified in a special notice (you can find out how a warning, a notice and a demand to evict an apartment differ, as well as see sample documents, in this article). If this is an eviction from official or municipal housing, read the grounds and check how they comply with the terms of the contract. If possible, seek legal advice.

If the grounds for eviction are legal, there is no need to panic. You can be evicted only on the basis of a court order; everything else is in accordance with Art. 330 of the Criminal Code of the Russian Federation – arbitrariness (what is the procedure for eviction from residential premises?).

Try to thoroughly prepare for the trial - focus on the fact that you have the only housing . If you have dependents or young children to support, appeal with this. If there was arrears in utility bills, prepare documents that could justify it (certificate of long-term disability, salary arrears, etc.).

If the grounds are part 4 of Art. 83 of the Housing Code of the Russian Federation, promise the court to correct itself and in the future to not allow this to happen. Such promises may be taken into account by the court.

Practice shows that if there are compelling reasons, a person can be evicted from almost any premises , even if it is his only one. Only the owners of privatized living space are protected more than others in this matter. It is almost impossible to evict them and, unlike social housing tenants, the risk of them remaining on the street is minimal.

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