Eviction from municipal and privatized apartments for non-payment of utilities, housing and communal services debts 2023

Eviction of a citizen who ignores payment of payments for provided utility services is a necessary measure. In accordance with Art. 105 of the Housing Code of the Russian Federation, a person should not be left without housing, so he is provided with less comfortable conditions.

The presence of financial difficulties and a difficult economic situation sometimes force citizens to temporarily postpone the payment of utility bills. Many people believe that if housing is personal property, then it is impossible to lose it due to the presence of debts for the benefits of civilization. In fact, this is not true.

Legislative aspect of the issue

All objective circumstances that served as the reason for the lack of monthly rent are fixed by Resolution of the Plenum of the Supreme Court of the Russian Federation No. 14, issued on July 2, 2007.

It is possible to deprive a citizen of his usual place of residence, but only if he ignores the need to pay material resources for utilities for at least 6 months . Moreover, if we are talking about social housing, then eviction is possible only if other housing is provided.

It is practically impossible to take away the only housing that is the property of a citizen in order to sell it and pay off debts.

Terms of implementation

According to Art. 90 of the Housing Code of the Russian Federation, deprivation of a citizen of his place of permanent residence is possible only if there are the following set of reasons :

• payment of utility bills is not made for 6 or more months in a row (that is, if a person has not paid for 5 months, but paid money on the 6th month, then the period count should be updated);
• the citizen cannot explain such behavior by any valid circumstance;
• the family or individual is provided with alternative living space that meets the standards and sanitary requirements.

Order of conduct

The accumulation of a large debt can lead to the need to pay through property.

If the proceeds from the sale are not enough for full settlement, then even the apartment may need to be put up for auction. The difference will be returned to the rightful owner.

Art. 446 of the Code of Civil Procedure of the Russian Federation contains information about certain nuances.

Privatized housing

The above legislative act states that a citizen and his family members cannot be left without a single place of residence. If we are talking about a privatized apartment, then it is impossible to evict from it if there is no other suitable housing for living.

The Housing Code of the Russian Federation establishes a requirement for citizens to make timely and full payments for utility bills. The owner of privatized housing acquires this responsibility immediately after completing the registration of the property.

By the way, not living in an apartment for a long time is not a reason to ignore bills for the benefits of civilization. But you can take a certificate, for example, confirming your residence at the dacha during the summer and write a corresponding application. These documents are the basis for the recalculation.

If the rent has not been paid for a long time, the amount has already reached impressive amounts, and the management company has no influence on the owner, then litigation is the only correct method.

Another important point: deprivation of a citizen’s apartment for the purpose of putting it up for auction usually occurs if the amount of debt and the cadastral value of the living space do not have a significant difference. Since currently this value practically coincides with the average market price, the citizen must ignore utility bills for a long period of time.

In general, it is very difficult to take away from a person an apartment that is his property and is his only place of residence. And if there are minor children in the family, then such an outcome can be called incredible.

If a citizen has another apartment, then the procedure will be as follows :

• the court seizes other real estate;
• then the eviction of living citizens (if any) is carried out;
• then the living space is sold through an auction;
• part of the proceeds from the sale is spent on paying off utility debts, and part is returned to the rightful owner.

Municipal housing is owned by local government, and the procedure for eviction from this type of real estate is enshrined in Art. 90 Housing Code of the Russian Federation.

The basis for implementing the procedure for eviction of citizens for lack of utility payments can only be a court decision . Local authorities have no right to act arbitrarily and exceed their powers.

Each family (individual citizen) to which the municipality provides real estate for residence signs a social tenancy agreement. In this case, payment of utility bills is a prerequisite. Ignoring this clause of the contract may be grounds for eviction.

The court decision must contain the following information :

• housing is isolated;
• the apartment meets technical specifications and sanitary standards;
• The location area is a populated area or city.

Completion of the procedure for eviction from a municipal apartment can only be carried out if the following conditions are met:

• the court decision has entered into legal force;
• the municipal rental agreement has expired;
• in return, another property suitable for living was provided.

Dormitory

The sequence of events when citizens are evicted from a hostel for accumulating large debts for utility bills is similar to that in municipal housing .

If payments for the benefits of civilization have not been made for 6 or more months in a row, then the local government or the owner of the hostel has the right to file a claim with the court asking for eviction. Providing other accommodation for stay is mandatory. The lack of free space in the fund often leads to the fact that defaulters remain living in the same place.

Rented living space

Evicting a tenant from a rented apartment is the simplest of all cases considered.

The reasons may be different: failure to make monthly payments on time, inappropriate behavior that disturbs the peace of neighbors, careless attitude towards property, etc. The most important thing in this case is a careful approach to drawing up the lease agreement. By the way, you do not need to provide other housing.

Providing a replacement

It is quite difficult to evict a person from an apartment (municipal, private, privatized, hostel, etc.) for late payment of utility bills if he provides the court with evidence of valid circumstances for such behavior or does not have other real estate.

In accordance with the court decision that has entered into force, eviction is carried out, but subject to the provision of other suitable living space . The seized apartment is put up for auction for the purpose of sale. The proceeds are used to pay off municipal debt. The remaining part (if any) must be returned to the rightful owner.

As practice shows, it is quite difficult to find other available housing and provide it to a citizen in exchange for an arrested person, so eviction due to long-term failure to pay utility bills is not always carried out.

Arbitrage practice

Usually the court is very favorable towards citizens who are unable to pay off debts for gas, electricity, heating, hot and cold water supply, under the following circumstances:

• job loss;
• delay in providing monthly sole income;
• difficulties with employment;
• temporary inability to begin performing official duties due to the need to restore health;
• young dependent children;
• limitation of legal capacity;
• caring for a disabled child.

An unambiguous decision to evict is usually made if the court is provided with evidence:

• irresponsible attitude towards obligations;
• regular violation of the established deadline for making payments for utility services;
• alcohol or drug addiction.

• Housing disputes regarding the lack of payment for the benefits of civilization are resolved only after establishing the reasons for non-payment of the debt for 6 or more months in a row.
• For information on the rules and procedure for eviction of citizens from an apartment due to debts incurred in paying utility bills, see the following video:

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Eviction from an apartment for non-payment of utilities

Debtors and defaulters are concerned about the question: can they be evicted from a privatized apartment for rent arrears? But with the owners, everything is simple; it is impossible to deprive them of their housing, in accordance with the law. This is because, firstly, there must be compelling reasons for eviction. Secondly, citizens cannot simply remain without housing.

Although the reasons for non-payment may be different, people are very worried about this. Therefore, it is worth looking into this issue in more detail and probably reassuring many residents.

Grounds for eviction

Eviction from a municipal apartment for non-payment of utilities can only be carried out on the following grounds:

1. When utility bills are not paid. Moreover, the total debt must exceed the amount for 6 months. That is, if you do not pay a single ruble during this time, then they can take away the apartment for debts on housing and communal services.
2. If illegal redevelopment has been carried out in the apartment. Regardless of whether it can harm the overall structure of the house. By law it is prohibited to do this. In this case, you will first need to return everything to its previous form, after which a legalized layout will be carried out.
3. When housing is used for commercial or any other purpose not regulated by law.
4. In the case where the cohabitant violates the rights, and therefore living together is simply impossible.

Eviction can only be carried out on the basis of a court decision. In some cases, eviction is simple, in others it is problematic, it depends on the type of housing and the violations.

From privatized housing

If the apartment was successfully privatized, then in this case there is nothing to be afraid of, because it is impossible to evict the owner from the apartment, because it is illegal. The maximum that can be demanded from the debtor in this case is to pay a fine. But this position should not be abused. It is best to pay all debts on time, so as not to run into sanctions and extra accrued interest on the amount of debt - penalties.

But it is worth noting that a privatized apartment can be taken away for municipal or state needs. The owner is informed about this in advance, and its cost is paid in full . But this relates more to the capabilities of the state, and not to punishments for debts, and the likelihood that your apartment will be needed is very small.

From council housing

Eviction from a municipal apartment for debt is possible, because such issues are regulated on the basis of the Housing Code of the Russian Federation, which allows this to be done. Eviction is usually carried out by court order.

The main reason will be non-payment of utility bills for six months, without depositing funds, even one-time. In cases where the owner pays at least part of the debt, he no longer has the right to kick him out of the apartment.

Moreover, on the basis of Article 105 of the Housing Code of the Russian Federation, even if citizens were evicted for non-payment of debts, they have the right to obtain another housing .

From communal housing

Articles 90 and 91 of the Housing Code regulate the eviction of citizens from apartments for housing and communal services debts. There is also information about communal apartments, according to which: you can evict not only debtors who have not paid for 6 months, but also people who violate the rights of their neighbors. The living space is not used for its intended purpose. Eviction is also possible in case of termination of the social tenancy agreement. But citizens are obliged to warn about this in advance, and if they do not correct everything within a limited time, then they should contact and resolve the issue in court. According to Article 103 of the Housing Code, citizens, in the event of eviction for debts, have the right to receive other housing. If other points are violated, then they no longer have such a right, this is stated in Article 91 of the same legislation.

Eviction of citizens with children

If parents do not pay utility debts and there is a minor child in the family, then eviction in this case is impossible.

This is because the rights of children are protected by guardianship authorities, and the court, in such cases, most often makes decisions in favor of the family with the child. Moreover, it is quite difficult to evict a child from an apartment, even if this is done voluntarily.

If the child is the owner of the privatized area, then with the permission of the guardianship authorities, the little citizen can be discharged. But after that, he must be registered in equivalent housing. If the child is an orphan, then the full value of the property is written out to his account, but this amount can only be cashed out from the age of 18.

In what other cases can eviction be carried out?

It is difficult to seize housing from the owner, even in cases where any rules are flagrantly violated. In the case of people living in a privatized apartment, this can be done when:

• It is confiscated for state purposes, into municipal ownership. Although this is discussed in advance and they won’t be able to take the apartment just like that. The owner is paid the full cost from city money (municipal budget).
• The owner is violating various regulations that could result in damage to the home and also endanger the life or health of neighbors and others.

First, let's look at the reasons why an apartment may be evicted for debt and what conditions exist.

For utility debts

Eviction of the owner from a privatized apartment for non-payment of utilities is impossible, regardless of the reason for the debt and its size. The fact is that the legislation does not provide for such an option at all.

Eviction from a municipal apartment is possible for non-payment of utilities and is carried out in the case when the warnings are no longer valid and the debts have not been paid by the owner for more than 6 months. The same rules apply to residents of communal apartments. This is stated in Article 90 of the Housing Code.

The court decides whether the reason for non-payment is valid or not and makes an opinion on this basis. If eviction occurs, then citizens are provided with another apartment, under a social rental agreement. But when eviction does not occur, they are subject to penalties, which encourage them to pay off their debts.

The law allows turning off sewerage and light supply.

For debt to the bank on a loan

The apartment can also be taken away in the case of outstanding mortgage debts, because it is, in this case, collateral. This is indicated when signing contracts. But at the same time, as in the case of utility debt, the owner has the right not to pay the mortgage for some time, in accordance with a good reason.

In cases where there is no reason, the bank has the right to file a claim in court. In this case, the apartment is put up for auction and sold, and part of the money is reimbursed. Usually such cases are always resolved in favor of the bank. If the auction is unsuccessful, the apartment becomes the property of the bank.

Debt notice

Before carrying out evictions for debts on utility bills and taking away living space, they are required to warn about this in writing. In addition, interest accrued for non-payment will be taken from the amount of debts - penalties. Therefore, it is best to pay debts on time so as not to have any problems with litigation later.

The homeowner has nothing to fear - it is impossible to evict him from the apartment, but at the same time, you should not abuse this and pay everything as required by law.

Debt for housing and communal services: what will happen, what the debt threatens, can they be evicted, services disconnected, penalties charged | Legal Advice

Last updated February 2023

Today, not all citizens manage to pay utility bills in full and on time. Many Russians have a difficult financial situation, and there is no money left to pay for services.

However, not everyone knows that payment delays of more than 1-3-6 months can lead to the accrual of penalties, shutdown of hot water, gas, electricity and the housing management organization going to court to collect the debt.

And then the bailiffs will seize funds and property. In some cases, the debtor may suffer the fate of eviction from the apartment.

If you are overdue for payment for housing and communal services by more than one month, what will happen and what will happen?

Penalties will be charged on the main payment

Penalties begin to accrue from the second month of delay. The rights of public utilities to their accrual are reflected in paragraph 14 of Article 155 of the Housing Code. The penalty is accrued for each day and its % changes depending on the number of months of non-payment:

• 1/300 of the refinancing rate of the Central Bank of the Russian Federation - starting from 2 months to 3 months
• 1/130 for subsequent ones - starting from 4 months.

Amount of penalty = debt * number of days of delay * 1/300 * refinancing rate.
The current rate can be found on the Central Bank website www.cbr.ru. Since the beginning of 2016, the rate has been 11%.

Example: The total amount of debt for services as of March 10, 2016 is 2,400 rubles. Of these, 1200 rubles. for February, and 1200 rubles. for January 2016. You made the payment only on March 20, 2016 (the number of days overdue is 10).

Calculation of penalties: (1200*10 days/300)*11%=4.40 rubles.

Temporary restriction or disconnection from the use of utilities (gas, electricity, hot water, intercom services) until the debt is repaid. The debtor faces this measure if the rent debt is more than three months.

The procedure for applying the restriction:

• the debtor is notified in person or in writing (by post);
• if the debtor ignores the notification, the contractor personally notifies the consumer after 3 days and disconnects, if technically possible.

What utilities cannot be turned off?

• heating;
• cold water supply;

The resumption of utility services is carried out no later than 2 days after paying the debt for services or signing an agreement on debt restructuring (see what to do if the electricity or gas is turned off).

Submitting a debt collection case to court

Utility companies have the right to begin legal proceedings to collect housing and communal services debt from the moment they are convinced that the user has stopped making payments, first:

• the debtor is notified of the debt in person or in writing (see how to find out the rent debt);
• offer to pay the debt voluntarily within 30 days or enter into an agreement to repay the debt;
• in case of refusal or non-payment, a package of documents is prepared and sent to the court. Since June 1, 2016, the procedure for collecting debt for housing and communal services has become much simpler and now, when submitting documents to the court, a positive decision is made in absentia within 5 days by court order.

The cost of the claim may increase significantly, since it will include not only the total amount of the entire debt and penalties for the entire period of delay, but also legal costs.

Methods for collecting debt after a court decision has entered into force

Voluntary order

The debtor may be asked to pay the debt in full at one time, or to enter into an agreement on debt restructuring (usually concluded for a period of 6 months, but can be extended).

This agreement is the most advantageous option, since it allows you to pay off the debt over a certain period, in equal shares, and not the entire amount at once.

The restructuring agreement form is drawn up by utility companies based on the application you submit.

Sample application for debt restructuring for housing and communal services

To the head of Management Company "Zarya"
Antonov A.S.
from Yakimov S.T.
residential address: Mirny, st. Soyuz 31-2

• tel.34-37-21
• Statement

I ask you to consider concluding an agreement with me on restructuring the debt for the use of services (specify the type of service: heating, sewerage, water supply) for residential premises owned by me, located at the address: Mirny, st. Unions 31-2.

As of March 1, 2016, the debt is 46,341 rubles. My last payment was made in October 2015.

The reason for the lack of payment is layoff from work, difficult financial situation.

Date__________ Signature_______________

Compulsory order - with the help of bailiffs

Collection by a bailiff can be made from funds from:

• working-age population: by sending a writ of execution to the main place of work and part-time work;
• pensioners: by seizing pensions and other income;
• disabled people: debt for housing and communal services can be recovered from a disability pension, except in cases where the person is deprived of legal capacity.

Important! The amount of monthly deductions from earnings or other income cannot be more than 50% of the total monthly income (Article 99 of the Federal Law).

Other measures most often used by bailiffs:

• seizure of property (including money, securities, current accounts, property in the apartment);
• seizure of seized property and sale at auction;
• introduction of restrictions on leaving the Russian Federation;
• introduction of restrictions on registration actions with property.

See what the bailiff can take away, how to find out the debt from the bailiff by last name.

Forced eviction for utility debts

Can they be evicted from an apartment for a utility debt? Eviction for debt is a separate requirement of the statement of claim by representatives of the utility service. If, after the court decision comes into effect, the debtor continues to accumulate debt, does not comply with the requirements of the restructuring agreement, and the FSSP of the Russian Federation fails to collect anything from him, the time comes for this extreme measure - eviction.

Eviction procedure:

• written notification to the debtor about the possible application of eviction proceedings;
• filing a claim in court for the forced eviction of the debtor;
• After the court's decision, the person will be given 7 days to voluntarily evict, and then a compulsory order will be carried out.

Eviction from a privatized apartment - if a person has other housing suitable for living, he can be evicted for debts. The owner's right is protected here by Art.

446 of the Code of Civil Procedure of the Russian Federation, which states that in the absence of other suitable housing, foreclosure on the only housing is prohibited, and a person cannot be evicted to a hostel or social housing.

Bailiffs have the right to seize, describe, and then sell at auction any property in the debtor’s apartment, and that which belongs to him personally.

Eviction from a municipal apartment is the possibility of eviction from municipal housing, provided for in Art. 90 LC RF under the following circumstances:

• the debt for housing and communal services is more than six months, and the reason for lack of payment is not valid (loss of job, serious illness requiring treatment costs, loss of a close relative (funeral costs), compensation for material damage according to writs of execution);
• provision of other housing on social rent, meeting the requirements for living space and sanitary standards.
• The responsible tenant (with whom the contract is concluded), as well as members of his family, are subject to eviction.

Eviction from a hostel - a rental agreement under which a citizen lives in a hostel is signed for a certain period (during work, study, service). The owner of the hostel can be an organization or municipality.

The rights and obligations of the tenant under such an agreement coincide with the social tenancy agreement. Therefore, the landlord has the right to evict the debtor for debts that have arisen for more than six months (Clause 1, Part 4, Art.

83 of the Housing Code of the Russian Federation), without providing other housing, and after a court decision.

Joint and several liability for utility debts

How to collect debt from citizens living with the owner or responsible tenant under a rental or social tenancy agreement? If it is impossible for the tenant (owner) to pay for utilities, the plaintiff (representative of the resource supply organization) has the right to collect the debt from any of the legally capable persons living with him. This is called joint and several liability.

Responsibility is provided for all persons:

• If the apartment is owned - if the owner of the apartment cannot or does not want to voluntarily repay the debt with his own funds, the law obliges the debt to be repaid by other capable family members living with the owner (spouse, children, parents, other persons settled in the premises with the consent of the owner) Art. . 31 Housing Code of the Russian Federation.
• If the apartment is in shared ownership, the obligation to pay can be assigned to each owner separately, by dividing personal accounts and concluding maintenance and repair agreements for each owner.
• If the residential premises are occupied by persons under a rental agreement, family members of the tenant are subject to similar obligations to pay for the use of services, that is, joint liability under the terms of the rental agreement. At the same time, persons living together with the tenant must be indicated when concluding the contract (Article 69 of the Housing Code of the Russian Federation).

Limitation period for utility debts

As a general rule, the statute of limitations allowed for collecting debt for housing and communal services is three years . Judicial practice shows that such claims are satisfied by the court, and bailiffs with their actions can darken the life of the debtor for an even longer period. Therefore, it is better to pay off debts immediately than to accumulate them.

Ordinartsev Roman Valerievich

Eviction for non-payment

Eviction of a family with minor children is a complex legal matter. Only a court can make such a decision, relying on the Supreme Court Resolution No. 14 and with the involvement of the guardianship authorities and the prosecutor's office (Articles 45 and 46 of the Code of Civil Procedure of the Russian Federation). Issues regarding the release of real estate for a family with minor children are complex for any type of housing.

The law protects the interests and rights of children under the age of majority. The judicial authorities proceed from the fact that any eviction of children violates the child’s housing rights. Also, a lot depends on what kind of property it is. For example, municipal housing does not provide for the resettlement of children without the provision of similar housing.

In other types, such as own apartment, the outcome of the court decision will depend on the legal status of the parents or the child himself. Children can be co-owners of real estate. In this case, they, as owners who own part of the property, cannot be forcibly evicted.

292 of the Civil Code of the Russian Federation, the new owner has the right to demand the eviction of a former family member with a child. However, in this case, when selling the apartment, the father or mother had to obtain the consent of the guardianship authority. It is possible to obtain approval for the transaction provided that the minor is provided with living space.

This option of eviction is possible if the child is not a family member and the guardianship authority does not consent to deregistration. The procedure for voluntary resettlement may be stipulated by agreement of the parents. But even in this case, the consent of the guardianship authority is required, which will need to prove that the child’s living conditions will correspond to the previous ones.

Thus, unfortunately, if she and her child are registered there, you will not be able to deregister her through the court. In this case, it would be optimal to collect from her the rent that you paid for her and her child  

Your situation must be considered based on your specific documents. I recommend that you consult our specialists. The MIP legal team will draw up all the necessary documents for you. Discount using promo code "MIP".

If you are in another city, then you can send scans or photos of documents to the email address: [email protected] . The cost of services will be answered in a letter or by phone +7 (495) 228-26-51.

Moscow, Staropimenovsky lane 18 [email protected] http://advokat-malov.ru/kontakty.html

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Saibotalov Vadim Vladimirovich07/01/2022 18:13

Can they be evicted from an apartment for debts on housing and communal services?

I’ll say right away that evicting the owner from an apartment is a problematic matter and can be implemented in very rare cases, because after all, ownership is not an empty phrase.

Eviction of an apartment owner is possible only in the following cases:

• Uncoordinated redevelopment in the apartment;
• If the housing is recognized as dilapidated or unsafe, in simple words it is prepared for demolition;
• Use of a residential premises for other than its intended purpose, that is, if it is not used for living, but let’s say it houses a workshop or contains animals;
• Neighbors constantly disturb the peace, make noise, disturb neighbors, etc.

How to deregister a former spouse?

But it is still possible to evict the owner for housing and communal services debt, because a debt is a debt regardless of the reason for which it was formed, it is a loan, causing damage to someone, non-payment for utilities.

But as a rule, bailiffs are involved in debt collection on the territory of the Russian Federation and their powers are not small, because they can write off money from the debtor’s bank accounts to pay off the debt, write off up to 50-70% of the debtor’s wages, arrest and seize property to pay off debt if the debtor has no money and wages, then the powers of the bailiffs, as you can see, are broad and they can even seize an apartment or house for debts, but not everything is so bad, because bailiffs can foreclose on an apartment or house only in certain cases.

Can a person be evicted from a municipal apartment without his consent?

And so there is Article 446 of the Code of Civil Procedure of the Russian Federation, which imposes restrictions on the actions of bailiffs and prohibits bailiffs from confiscating this or that property for debts in the presence of certain circumstances.

That is, if in addition to the apartment you do not have other residential premises suitable for living that belong to you by right of ownership, then according to the law, the apartment cannot be seized from you for debts on housing and communal services.

Yes, they can arrest her, but no one has the right to evict you from her, no matter how they scare you and no matter what documents they send you. Know this and always refer to this article.

Yes, they can write off money from your bank card, write off up to 50% of your salary, come home and confiscate any property, for example, a TV, laptop, telephone and other household appliances and valuable items, which are also confiscated by the bailiffs to pay off the debt. But it will not be possible to evict the owner from the only residential premises suitable for living for debts, including housing and communal services, it is not legal.

Can they take away a share in an apartment for debts?

Can they be evicted from an apartment for debts on housing and communal services if a citizen lives in it under a rental agreement?

• If a citizen lives in an apartment under a social tenancy agreement, that is, in fact, the apartment does not belong to him, it is not privatized and is not owned, and the only legal basis on which the citizen lives in this apartment is the social tenancy agreement concluded between him and his family members with state municipal housing stock (municipality).
• Based on paragraph 1 of Article 60 of the Housing Code of the Russian Federation, the owner of the residential premises of the state housing stock or municipal housing stock undertakes to provide the citizen (tenant) with residential premises for possession and use for living on the terms established by the agreement and the Housing Code of the Russian Federation.
• There is a clear position here on eviction for non-payment of utilities and I will say right away that they can evict an apartment occupied under a social tenancy agreement for debts on utilities, but here eviction usually occurs, but the debtor will definitely not stay in the old apartment occupied under the agreement, but again However, there are conditions upon the occurrence of which eviction occurs.

Based on paragraphs. 1, paragraph 4, Article 83 of the Housing Code of the Russian Federation, termination of a social tenancy agreement occurs if the tenant does not pay for utilities for more than 6 months in a row.

As we see, the law is not on the side of the debtors, but not everything is as bad as it might seem, because eviction occurs if you have not made payments at all for 6 months, and this already leads to certain thoughts.

Eviction for debts on housing and communal services from an apartment occupied under a social tenancy agreement occurs only in court on the basis of Article 90 of the Housing Code of the Russian Federation, which states the same 6 months and also states that eviction occurs with the provision of another residential premises under a social tenancy agreement and Moreover, the size of the newly provided residential premises must correspond to the size of the residential premises established for moving citizens into the hostel, that is, the newly provided residential premises in such a situation will be smaller than the previous one.

But even if you have already been sued, then not everything is so bad and it is not a fact that you will definitely be evicted, because you have several options for solving the problem, this is to start paying off the debt partially or to pay off the entire debt in one or two times, so no one forbids you to enter into a settlement agreement with the municipality, on the basis of which the debt will be repaid in installments.

But if nothing is done, the court will satisfy the claim and after which the debtor will have to vacate the residential premises occupied under a social tenancy agreement. All members of his family move with the tenant, the period within which the residential premises are vacated is indicated in the writ of execution.

If you refuse to vacate your premises, then the bailiffs, who also have the authority to evict you from residential premises, will take charge of you. Firstly, you will be given a period of 5 days for voluntary eviction, but if the debtor tenant does not voluntarily vacate the premises, then the bailiffs have every right to evict the debtor without his consent.

Bailiffs evict the debtor in the presence of witnesses, bailiffs can enter the residential premises occupied by the debtor without his consent, for this the bailiff only needs to obtain permission from the senior bailiff on the basis of paragraph 6, part.

Read also:  Privatization of housing, apartments under a social tenancy agreement - how to privatize housing, an apartment under a social tenancy agreement in 2023

1 of Article 64 of the “Law on Enforcement Proceedings”, and bailiffs can also involve law enforcement officers in this procedure.

The bailiffs will store the debtor's property for 2 months, after which if the debtor does not pick it up, it will be sold at auction and the money will be transferred to the debtor minus the costs of storage and organizing the auction.

As stated, the debtor must be provided with another living space to replace the old one, but it is usually smaller and there should be no third parties in it.

In general, newly provided residential premises must meet the following requirements:

• It must be isolated;
• Suitable for living;
• Be located in the same locality and be part of the housing stock for social use;
• The size of the area must be at least 6 square meters per person.

If the newly provided residential premises do not meet the above criteria, then the problem can be resolved through the court.

If you still have questions, ask our lawyer on the website, he will answer the most difficult questions and help solve the most complex problems.

Procedure for eviction for non-payment of utilities

Various life situations may arise in our lives, and the loss of stable financial income is not uncommon. As a result, many habits and bills that we used to easily pay become an unbearable burden, particularly utilities. What are the consequences of failure to pay utility bills and can this lead to eviction from the apartment? Let's try to understand this issue.

Reasons

First of all, we will consider the grounds on which eviction for non-payment of utility bills is possible.

Let’s immediately separate the concepts: it is very difficult to legally evict an apartment owner from the apartment, although it is not hopeless, under certain conditions. With other forms of ownership the process is much simpler.

Whatever the situation, eviction can only be carried out by a court decision, and the executor of the decision can only be bailiffs.

The legislative framework

As of this year, the legislative framework is based on the Housing Code of the Russian Federation.

The fundamental article is Article 40 of the Constitution of the Russian Federation, which states: every citizen of the Russian Federation has the right to housing. All norms and requirements in other laws and legislative acts of the Russian Federation are already based on it.

In the Housing Code, eviction from an apartment for non-payment of utilities is covered by Article 90 of the Housing Code of the Russian Federation, which establishes the reasons why it is possible to begin legal proceedings to evict a tenant.

It is subject to restrictions under Article 446 of the Civil Procedure Code, which prohibits the eviction or sale of the only home to pay off a debt for non-payment of utility bills.

Also, when considering such cases, it is worth mentioning Article 105 of the Housing Code of the Russian Federation, on the procedure and standards for the provision of living space when evicting from a previous living space under a social tenancy agreement or living in a hostel.

This is the main list of laws and legislation that must be considered when problems arise with non-payment of utility debts.

If you are a representative of a management company or an organization providing utility services, you will need to familiarize yourself with Articles 131-136 of the Civil Procedure Code, which specify the procedure and requirements for filling out statements of claim to the court.

Obtaining statements for housing and communal services debts

According to Art. 90 of the Housing Code of the Russian Federation, the grounds for eviction from an apartment are failure to pay utility bills for 6 months and the applicant has a demand in hand with a warning to pay debts or providing a valid reason why it is impossible to pay off bills.

It is not necessary to pay the entire debt amount at once. Even a small payment can start the “counter” again. You must understand that the moment from which the six-month debt period is considered is formed from the moment of the last payment for any utilities. However, it is not necessary that the payment completely repays the amount of the debt.

It is always easier for a tenant to go to the management company and solve their payment problems there.

It is recommended to talk about your financial difficulties and the time when you can possibly solve them. Often management companies agree to a meeting, no one likes to run around the courts, it is possible to agree on a certain payment amount per month that will be comfortable for you during this time period.

Eviction from an apartment for non-payment of utilities

The circumstances that ultimately lead to the eviction of a tenant must be substantial. And in fact, meeting all the requirements is quite difficult, but not impossible.

With different forms of ownership, the procedure for eviction and its possibility in general may be different. Let us consider the cases and possibilities of eviction of tenants for non-payment of utility bills under different forms of ownership.

As mentioned above, it is quite difficult to evict the owner from a privatized apartment.

In this case, the apartment is put up for auction, after the sale, part of the funds will be used to pay off the existing debt for utilities. The rest will be returned to the former owner.

From the communal 

It is possible to evict from a communal apartment, but you need to take into account the form of ownership of the housing.

If it is privatized and owned, then the procedure is the same as in the case described above. If the apartment is rented or municipally owned, we will describe it in more detail below.

Tenants

Evicting tenants is quite simple; of all the methods presented, perhaps the simplest. It is enough to comply with all court requirements (6 months of non-payment and lack of valid reasons) and by court decision the tenants will be evicted.

Naturally, you must have a lease agreement in your hands, signed by both parties, and the debt for services provided will not be considered repaid, but will be collected from the tenant in the manner prescribed by law.

Under a social tenancy agreement

Under a social tenancy agreement, eviction is quite simple, as is the case with tenants. However, with some concessions (Article 90 of the RF Housing Code).

Because you rent housing from the state, it is obliged to provide you with another living space if you are not able to maintain the existing one.

The law specifies a number of requirements for new housing. New apartments must provide a standard of 6 square meters per person and be located in the same locality as the previous housing (Article 105 of the Housing Code of the Russian Federation).

Dormitory

People are evicted from the hostel in the same manner as in the case of housing under a social rental agreement. You will be required to provide other housing with less convenient conditions, but meeting the necessary standards.

No matter how all the proceedings end, the debt for utility payments will not be written off, but will be collected from the defaulter upon sale, inheritance or any other real estate transaction.

Valid reasons for debt

If you have a really good reason why you are having financial difficulties, in the vast majority of cases the court will accommodate you.

The reasons may be different:

1. Long-term non-payment of wages by the employer.
2. Difficult financial situation for the entire family for specific reasons.
3. Disability of the tenant or his family members.
4. Dismissal from work due to certain circumstances (for example, layoff).
5. Long-term serious illness of the resident or members of his family living with him.
6. Presence of young children requiring care.

Systemic manifestation of alcohol or drug addiction will not be a valid reason in court.

In the absence of valid reasons, the presence of minor children will not be a basis for canceling the eviction decision. However, the guardianship authorities will be involved in the case.

Repeated eviction of parents from the next residential premises may result in loss of parental rights.

Procedure

To correctly draw up a statement of claim, you need to read Articles 131-136 of the Code of Civil Procedure of the Russian Federation. If the statement of claim does not contain sufficient requirements and conditions set out in Articles 131 and 132, it will be abandoned.

The court must notify the person filing the claim of non-compliance and provide a period for correcting the deficiencies in the statement of claim.

What documents are needed?

To properly prepare the documents, you must fulfill a number of requirements for filling out the statement of claim and provide the following documents:

• name of the court where the application is filed.
• address of the residential premises where the violations were detected;
• data of the person who committed the violation;
• the form of ownership on the basis of which the offender lives in this residential premises (lease agreement, social tenancy agreement, privatized apartment);
• date of receipt of the last payment and documents confirming the lack of payment at the moment;
• documents confirming attempts at pre-trial proceedings with the defaulter (registered letters demanding payment for utilities).

It is necessary in the statement of claim to indicate the right that was violated and a reference to the law defining the protection of the interests of the plaintiff, as well as a list of documents submitted to the court.

A sample letter of claim for eviction is here.

The court's decision

The court considers the application within five days; if all formalities are completed, a hearing is scheduled. The court must consider the case within 2 months, hold hearings and make a decision. A month is given to appeal the court decision.

If the appeal does not lead to significant changes, the case is transferred for execution to the FSSP (Federal Bailiff Service).

The tenant will be notified of the upcoming eviction within 7 days. If the tenant refuses, he will be forcibly evicted.

Arbitrage practice

If the case goes to court, the plaintiff has provided all the necessary information, and the tenant has no valid reasons for not being able to pay utility bills, in the vast majority of cases they lose the case and are evicted.

If you find yourself in a similar or similar situation, always try to find a reasonable compromise and not bring the matter to trial. You should try, at least partially, to pay off the debt.

Here is the case law on the issue of eviction. 

According to Article 40 of the Constitution of the Russian Federation, the law must first of all respect and protect the rights of citizens to housing. Summarizing the judicial practice of considering such cases in the courts of the Russian Federation, the Plenum of the Supreme Court of the Russian Federation issued Resolution No. 14 of July 2, 2009, which recommends that courts consider cases of eviction of tenants using an individual approach to each specific case.

Video about the procedure for eviction for debts

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• 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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