How to evict tenants, a neighbor from a communal apartment in 2023

Housing law > Rental > How to evict tenants from a communal apartment without violating the law

How do you get the tenants out of the communal apartment?

Where more contentious issues arise when they begin to violate the established rules of living or behave inappropriately, and the fixed lease period has not yet ended.

In such a case, they are forcibly evicted.

Communal is a non-privatized multi-person dwelling

The concept of communal dwelling refers to housing that is not privatized and is owned by the municipality, or by a separate, isolated room, and is owned by several persons.

In the first case, such housing is not the property of a particular person, but he or she has the right to live in it, to use it and to dispose of it at his or her own discretion.

In fact, this is an apartment that is not privatized; in the second case, the privatized dwelling is owned by several owners, and they own a number of dwellings (in metres).

For example, the three-room apartment is owned by three owners, and everyone has the right to dispose of their own living space, but in such premises, baths, toilets, corridors have the status of a common space, and they can only be shared.

Once the tenant has settled, in some cases there are times when it is not possible for them to continue living; the question arises as to how to evict the tenants from the communal apartment before a specified period of time; the first is the violation of the terms of the employment agreement.

The reasons for the eviction may vary, in particular with regard to inadequate accommodation or material damage.

The reasons for this may be the failure to maintain adequate living space (housing sanitation, damage to property), which is also a late payment for housing, or utilities, accommodation with tenants, and the renting of a rented dwelling to other people.

The right renting board: How to define

The second reason is the breakdown of public order, which includes noisy behavior after 10:00 p.m., and conflicts with neighbors, night parties, and other ways that prevent others from resting and living.

The third reason is the abuse by tenants of alcoholic drinks, narcotic drugs, the establishment of brothels and depraved places.

The last two reasons, however, were not only grounds for eviction but also for police proceedings.

It is important to know that other cases may be the reason for the eviction of tenants, but in any case, before such measures are taken, they must be notified in writing, where they must be given a time limit for the voluntary release of the dwelling.

How to evict tenants from the commune if they live without a contract of employment

Very often, contracts for the employment of rooms in communal apartments are not registered, including for mercantilistic reasons.

In most cases, many owners of communal apartments, or premises in them, try to accommodate tenants without a contract.

Thus, they are trying to solve three significant problems:

• In the first place, to withdraw from the compulsory registration of such a contract; thus, all lease agreements for more than one year are subject to compulsory registration with special bodies; thus, housing is automatically subject to encumbrance (i.e. to sell it without eviction of tenants);
• No taxes may be paid because no control authority will know about such a transaction;
• Tenants should not be registered on their premises, and thus, in case of unforeseen circumstances, there would be no need to file an application for compulsory discharge with the court.

But if human beings violate the rules of residence and do not want to leave the premises voluntarily, the question arises as to how to evict tenants from the commune.

In this case, there is a legal practice whereby tenants can not only be evicted, but also legally.

These are the ways of eviction if people live without a contract of employment.

The first thing to do is talk to the tenants and ask them to move out of the occupied area.

If people were to lead immoral lives, they could be told that if legal requirements were not met, they would be notified to the law enforcement authorities.

The second method is to contact the manager of the apartment building, or the head of the driveway, and in their presence, you can invite two neighbors, better than those who have been prevented from living normally, to enter their apartment with them and make an inventory of all the belongings of the residents.

The owner of the premises must inform the tenants of the need for the eviction in person or ask the manager of the house to do so.

Then it's all going to the entrance, or the stairwell, and the locks in the apartment change, and you don't have to worry about keeping things safe, because you don't have the responsibility to keep them intact.

The ultimate case is to file a written complaint with the law enforcement authorities.

They will be considered by the station, and after another complaint, he will call the head of the house, take the neighbors, as understood, invite the owner of the apartment and, in their presence, evict the tenants.

This method has one minus, because if people lived without a propiska, administrative protocols can be drawn up on them and the owner of square metres.

It is important to know that the first owner of the premises is required to take steps to evict them if the new tenants are immoral or to disrupt public order.

If the neighbours do so, the law enforcement authorities will react harshly, and the owner of the premises will be in great trouble.

Employment contract – whether it is a guarantee or a stumbling block

• One of the most difficult issues faced by the owners of a communal dwelling is what to do if a contract of employment is concluded.
• From a legal point of view, a contract of employment is a guarantee of the joint rights and obligations not only of tenants but also of the owner of the dwelling.
• A contract of employment means an agreement that is signed by the owner of the dwelling on the one hand, as well as by the tenant (a tenant) on the other.

It sets out the period for which the dwelling is rented, the subject of the contract is the dwelling or part thereof, and the price is the rent, and it includes the utilities and the owner's remuneration for the dwelling provided.

On the one hand, it's simple, but if a contract is concluded for more than one year, it needs to be registered and taxed.

From a legal point of view, the termination of the lease in this case takes place in two ways:

• At the end of the contract;
• by a court decision if the terms of the contract have been violated.

A court decision is usually required to terminate a registered employment contract

1. Of course, it frightens many owners of communal apartments, but they forget that if the contract were to prescribe all possible cases of indecent behaviour by the employers mentioned above.
2. The tenants would not only be evicted, but would recover all legal costs and pay civil penalties under the law.
3. Therefore, this method is more practical in terms of obtaining additional material benefit if the contract is breached.
4. Moreover, the agreement would protect the owner of the dwelling from undesirable tensions with the police and other supervisory authorities, since failure to pay taxes and fines for illegal residence without registration could hurt not only in the pocket.

It is important to know that a formal employment contract is not only a guarantee of non-attendance by the supervisory authorities, but also an opportunity to compensate for damage that may be caused by tenants or neighbours (e.g. flooding).

If the neighbors' apartments are disturbing the public order, what do we do?

There are situations in which the owners of communal housing, in pursuit of profit, are the tenants and are not willing to evict them at all, and the latter cause many problems to neighbours.

The question then arises as to how to evict the neighbors from the communal apartment.

There are two legitimate ways to do this: the first is to call the owner of the dwelling and talk to him; if no action is taken, then there is a second option.

First of all, every violation of the rules of residence must be called by the police and recorded in a written statement, stating that people live illegally, disturb public order or lead an immoral life, until the tenants are evicted.

In contact with the police, it is also possible to call an ambulance and the doctors to report that pressure has increased, well-being has deteriorated and this has been caused by the breakdown of public order by the tenants.

When the latter are evicted, it is possible to sue the owner of the premises and to recover moral damage from him, and calling an ambulance and fixing a deterioration of his health will be a compelling proof in the court, and will serve as a basis for the punishment of moral harm.

The process of eviction of tenants from a communal apartment is not a difficult one, the main thing to do is by the law, whether or not they have a contract of employment.

More detailed on the legal relationship between tenants and tenants, via video:

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23 Noah 2016 Julia Yurievna 197

Procedures for eviction from a communal apartment, courts, FSPS

The U.S. U.S. U.S. is an apartment made up of several rooms and public spaces (kitchen, corridor, sanitation) and the K.K. has a distinctive feature of having at least two owners.

Contents of the article
Living together under the same roof is often the cause of conflict.

In addition, in recent years, the KC has increasingly been home to the poor and disadvantaged, and some owners have rented rooms to migrants from a neighbouring country (Uzbeki, Tajiks), creating psychological and uncomfortable living conditions for neighbours.

In such a situation, the residents of the Communal, in an effort to secure a peaceful and normal life, are looking for the possibility of evicting the perpetrator of the conflicts and problems.

Grounds for eviction

A resident may be evicted by law if:

• Regularly disrupting public order (noise, loud music at night, uncensored expressions, aggressive behaviour, fighting);
• Infringements of sanitation and fire safety regulations (no clean-up in public places, garbage disposal in the premises);
• Uses living rooms for other purposes (commercial, industrial, missionary);
• Damages common property;
• Conducts activities leading to the destruction of housing.

It should be noted that the legal status of the owner of the communal dwelling depends on any legal provisions that may be applicable to him or her during eviction.

The ownership of a part of the KK can be based on:

• privatization;
• Social employment contracts.

In the first case, the tenant is the owner of the allocated share; he may sell it, give it, let the tenants in, and inherit it; the removal from the commune is possible only on the basis of the above-mentioned grounds, pursuant to article 293 of the Civil Code (the dwelling will be sold, the money will be refunded less expenses).

In the second, a resident with a family has the right only to reside in the KK. He cannot in any way change the legal fate of the home.

2 The LK allows the renting of a room only with the consent of all the neighbours; to house tenants without the approval of the residents means to break the law; the offender is at risk of liability under art.

330 CC (minimum fine of 80,000 roubles, maximum six months ' arrest).

The removal of a person who owns a part of the KK under a social welfare contract, if there are the above-mentioned reasons, takes place on the basis of article 83, paragraph 4, of the LK, without any other accommodation being provided to him.

In the event of six months ' arrears in communal and rental payments, the social security contract may be terminated and the tenants will be evicted to the dormitory (art. 83 para. 4.1 of the LKS).

The law provides for the following situations in which communal owners living together with citizens are to be relocated to other housing units (LC, art. 85).

The KK facility shall be located as follows:

• is in an emergency state, living in it is dangerous to life;
• must be removed;
• It is planned to be converted to non-residential status;
• To be withdrawn for the needs of the State;
• It is intended to transfer a religious organization;
• will change its area as a result of the upcoming major maintenance.

Where they're being evicted.

Residents who violate the terms of the social employment contract (LK art. 83) are evicted without providing other accommodation.

The exceptions are (article 103 of the LC):

Citizens who are members of the family of a person who has died and is reported missing in the performance of professional duties	(firefighters, military personnel, FSB staff, tax authorities);
Pensioners	Old age;
Members of the armed forces with disabilities	The first two groups;
families with a disabled minor ' s dependent	An adult who has been disabled since childhood.

This category of persons, if they are registered as needy and do not have a social employment contract, the State is obliged to provide other housing during eviction.

In the case of eviction from the KK for the reasons stated in article 85 of the LKS, tenants are moved to other dwellings of equal size.

Debtors ' communal payments are evicted to other social housing, the size of which is in accordance with the rules of the dormitory (LC, art. 90).

Judicial practice

The eviction is always initiated by a person whose rights have been violated.

Debts

In the event of a public utility debt, it would be a service provider (water, power grids, electricity distribution) and it had been shown that it was possible, but difficult, to evict a person for that reason.

First, if there are valid reasons for the debt (illness, loss of employment, death of the breadwinner) and the ability to prove it (certificate, hospital, termination order), the court will leave the tenant in the apartment and provide the possibility of paying the debt in instalments (PP No. 14 of 02.07.09, p. 38).

Secondly, it is only possible to evict a person for failure to pay a communer in another less comfortable place (LK art. 90), and the court ' s decision must specify the address; however, the social housing fund has been very poor in recent years and has not always been able to resolve the problem in a timely manner.

For damage to property and housing

When the tenant causes damage to common property, the question of eviction should be raised by the owner of the dwelling (the Gosorgan that provided the KK).

Neighbors record the harm caused, collect witness statements, file a statement and file a package of documents with the owner; it is up to him to take appropriate action (return to court, request repair, claim damages).

You can't talk about eviction if you have a broken crane, a broken fork, or a broken sink.

However, it is necessary to be prepared that the court may delay the eviction of the troubled tenant for almost two years, with a time limit for the correction of the violations (article 687 of the Civil Code).

For disturbing public order

In order to get rid of the tenant, who is a bully and a deboshire, it is necessary to apply to the law enforcement authorities for every fact that has been committed and to request that an act be drawn up.

If the perpetrator is the owner of the communal dwelling, the neighbours may apply to the court for eviction on their own.

This requires:

1. Collect documents (acts, witness statements).
2. Write a collective address to the tenants, collect signatures.
3. Make an application on its own or seek the assistance of a lawyer (better, more reliable).
4. Go to court on the location of the real estate.
5. Make it right in the course of the trial.
6. Get a solution.
7. On the basis of a court order, initiate enforcement proceedings (IP).
8. Monitoring the progress of the IP. Forced eviction must be carried out within two months of the opening of the IP.

If the troubled tenant is an employer under a social employment contract, the request for eviction should be addressed to the public authorities in whose department the dwelling is located.

For other violations

In cases of inappropriate use of dwellings, violations, fire safety regulations, sanitation standards, tenants need to:

• Address the relevant monitoring bodies;
• To obtain an opinion;
• to take action, as in the case described above.

The need to respect pre-trial procedures

The pre-trial settlement of the dispute is an attempt to resolve the problem in a peaceful manner, without resorting to the courts, and is based on the fact that the injured party is making a written claim to the offender, in which it is required:

• Cease unlawful acts;
• Correct the violations within a reasonable time.

• The document indicates the consequences of non-compliance with the requirements, the articles of the law on which they are based.
• The claim is submitted in person (confirmation and signature of the recipient) or sent by registered mail with notification.
• If the offender ignores the requirement contained in the document, the injured party has the right to apply to the court.
• A claim signed by the violator, a letter of receipt, is evidence that the pre-trial procedure was followed.

The supporting document must be attached to the statement of claim (art. 132 of the PCA), otherwise it will be rejected (art. 135 of the PCA).

If the offender is not the owner

It would appear that the tenant who violates the rules of residence in the KK is the easiest to get rid of; he does not have any housing rights; however, only the owner can evict him.

Well, if the tenants know how to get in touch with the owner, it's enough to talk to him, describe the situation, and point to possible problems of eviction of the conflict tenant.

In fact, many owners disappear without leaving their place of residence; the tenants refuse to give the information they need; you can go to Rosreest, order an extract from the EGRP, and thus obtain the necessary information.

When you get an address, you have to contact the tenant and make a claim. If you don't have to complain to the supervisory authorities, the housing authorities, you'll have to file an administrative fine for the violations committed by the tenant. If you pay a few times, the owner of the apartment will have to terminate the contract of commercial employment and evict the tenant.

If tenants from a neighbouring country need to apply to the migration service, 50 per cent of such residents have their permits expired, the documents are incorrect.

If the tenant lives in a room owned by the owner of the social welfare contract, he or she should contact the municipality; he or she does not have the right to rent housing without the consent of the neighbour and the employer; he or she thus violates the law and may be prosecuted (art. 330 of the Criminal Code).

The eviction process

Only officials of the SPF are entitled to carry out eviction from a communal apartment on the basis of a court decision.

In the event of eviction, the accommodation must be exempted (art. 107 para. 2 of FZ 229):

• The former owner and the persons living with him;
• Property (wear, clothing);
• domestic animals.

The process itself takes place as follows:

1. Having obtained the judgement, the plaintiff, either in person or through the court ' s office, makes an application to the SPF to initiate the IP.
2. Within a three-day time limit, the bailiff is turned on by the IP. A registered letter is sent to the e-mail, requesting the departure of the premises, stating its justification, and setting a time limit for voluntary departure (usually 5 days).
3. If the tenant does not release the dwelling after the said time, the bailiff will set a new time limit and impose a monetary penalty for non-compliance (article 107, paragraph 1, of FL 229). The perpetrator is warned that he will not be notified of the date of the forthcoming forced eviction.
4. Forced eviction takes place with the mandatory participation of at least two persons, and, depending on the situation, the law enforcement authorities are involved (art. 107, para. 5 of FL 229). The bailiff makes three copies of the eviction act.

The document should indicate:

• The details of the eviction participants (official, understood, former tenant, recovery worker);
• Address of the commune;
• Inventory of property (if the expelled person refuses or has nowhere to be removed);
• Data on the person taking possession of the property.

The act is signed by the parties to the IP and understood, one of which is attached to the case file and a copy is given to the evictee and the plaintiff.

A former tenant may be reluctant to sign a document; the fact of refusal is recorded in the act.

The resident is being removed from the premises and the property is being taken to the storage area.

The costs of transportation and safekeeping shall be borne by the person being evicted and the property may be kept for a maximum period of 60 days and shall be auctioned at a later date.

The money from the sale, less the cost of the execution, is available to the former tenant for a period of three years.

After that time, it would not be possible to recover the funds, and the funds would be transferred to the federal budget.

Conclusion

1. The difference between KK and KK is the presence of at least two owners.
2. Part of the housing is owned by privatization or by a social employment contract.
3. In the case of eviction for reasons beyond the control of the tenant (the emergency condition of the premises), other equivalent housing is provided.
4. If the eviction is provoked by the actions of the tenant, the accommodation will not be set aside.
5. Those whose rights have been violated have the right to demand evictions.
6. Pre-trial procedures must be followed when filing an action with the court.
7. Only an official of the SVF has the right to be expelled, and on two occasions he is given time for his own release.
8. Forced eviction is carried out in the presence of two persons who understand the act.

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Can you rent a room in a commune without the consent of your neighbors? 2023 in spa.

• Utilities are popular with people who cannot afford separate housing.
• Not only do owners live here, but tenants are also temporary tenants who are allowed to use a separate room under a contract.
• In short, different families: with their habits, characteristics and rules.
• Communal conflicts aren't uncommon, which means someone has to give in and leave.
• The issues of residence and eviction from a communal dwelling are the most difficult to interpret.
• On the basis of our article, you will learn about this difficult process.
• We recommend reading the instruction "How to Evidentize Neighbors' Tenants. "
• Before we describe the course of action, we'll figure out who and on what grounds we can set aside.

How to evict tenants, a neighbor from a communal apartment in 2023

1. Let's start by defining the status of tenants: Today, there is a more frequent mixed type of communer – when the apartment is co-located with the landlords and tenants.
2. There are, however, completely private types of public utilities.
3. There are several grounds for evicting residents from the commune: there are two different modes of eviction: voluntary and forced.
4. The first way isn't complicated, and the second is gonna have to work.

Privatization of communal apartment 2023 — communes, rooms at a cost, equity property, documents

• The judicial procedure usually takes several months and the tenants continue to live in the commune.
• If evictions do occur, there may be two scenarios: Nuances and the conditions of evictions are crucial.
• The difficulties may be related to the eviction of persons with disabilities, children, pensioners and poor families (individual parents).
• Therefore, the court always evaluates the current situation and looks at the legal status of the tenants.
• The existence/non-existence of a housing contract (also referred to as a lease) is of great importance.
• If the tenants settle in the municipality, the parties enter into a social employment contract.
• When renting a room to tenants, a contract of employment is signed – not with the authorities, but with the owner of the room.
• Consider the difference between the eviction of tenants by agreement and without.

The main reason for the eviction is the termination of the contract of employment on the initiative of the lessor (art.

Reasons may be: If the tenant agrees with the irregularities, he or she will have to clear the room in the commune itself.

1. If the court meets the plaintiff ' s demands, the tenant will have to leave the commune, voluntarily or with the help of bailiffs.
2. Few owners are in a hurry to enter into a formal lease for a room in a communal apartment.
3. The motives may vary: reluctance to search for tenants and to deal with documents, tax evasion, and assistance to relatives and acquaintances.
4. A settlement occurs, as it is called, "in words", which may lead to difficulties in eviction.
5. The staff members who arrived on the scene are familiar with the situation: they check the dwelling documents, draw up a report on the occupants of the room, and examine the locks on the door.
6. If it turns out the tenants are illegally occupying the room, they'll be asked to vacate the apartment.
7. That way you can kick out a roommate who refuses to move out of your apartment.
8. The resident ' s refusal to leave voluntarily allows the matter to be decided by the courts, in accordance with the practice in force.
9. The plaintiff has to submit his claims and then apply to the City or District Court at the place of registration of the communal apartment.
10. Reasons for recourse to the courts: Trials are held with the participation of both parties to the conflict.

• The principle of adversarialism makes it possible to defend one ' s point of view and, if necessary, to challenge the second party ' s accusations.
• The final decision is made by the court – taking into account the circumstances, the evidentiary basis, the status of the participants, the housing rights of the neighbours, etc.
• The legal feature of eviction from a communal room is a mandatory deregistration (if the tenant was issued with a temporary receipt).
• The tenant cannot be required to evict without nullifying his right to use the dwelling.

1. Instruction on the discharge and eviction of tenants, neighbours in 2023: Please note that claims must be in line with the current situation.
2. If, together with eviction, damage from tenants is to be recovered, it is appropriate to make several claims rather than only one eviction.
3. For example, file a claim for eviction and deregistration.

The procedure for forced eviction from an apartment is considered to be quite complex, and it is very important to collect an incontrovertible evidence, which includes not only documents but also the testimony of neighbours.

What documents will be needed: A widespread error in filing a claim is a lack of evidence against neighbours.

Pay particular attention to this component, as the success of the entire exercise depends on the facts.

The claim is reflected in the statement of claim, and the plaintiff has to decide whether to draft the document itself or delegate the authority to a legally bound person.

It is essential to comply with the rules of civil procedure (art.

If the plaintiff brings witnesses, this should be reported to the court at the preliminary hearing.

Let's just say that eviction from a room in a commune isn't an easy procedure, and it's cost-effective.

The approximate period of eviction from the apartment is between three and four months for the execution of a court order by the bailiffs.

In the State Duma, they'll consider a bill to give up rooms at myslo.

• The legal right of communal neighbors to defend their rights against violations by tenants.
• The dispute was likely to be decided by the courts, and it was important to have an idea of the progress of the procedure.
• Useful advice from our lawyer: A timely response to the situation will avoid problems with unwanted tenants.
• The diversity of life situations requires the courts to examine the conflict from different perspectives.
• But the practice is one thing: it's easier to evict tenants under a lease, harder to do with owners.
• Example: Simonov owned a room in a communal apartment.
• Neighbors began to notice that a third person, probably a relative of Simonov and without a lease agreement, was in charge of the dwelling.
• The new tenant began raising unsanitary conditions, carrying all the junk off the street and not cleaning up in public places.

You want me to kill the neighbor that's keeping you from turning in real estate?

The comments of the neighbours passed by, a relative felt like a host, groaned, pissed and threatened to kill himself.

It occurred to the tenant that he did not control the emotions of anger, and the neighbors began to fear for their lives, with little children living in the apartment, and had to call in the precinct and draft an act of illegal residence.

Simonov had to evict an aggressive relative, and the owner of the room in Onufriev communal apartment filed a complaint with the municipality.

According to the woman ' s statement, she was bored of Popova ' s drinking tables, as well as his rent arrears of 14,000 rubles.

The municipal authority accepted the complaint and then checked the application: Onufrieva did indeed live in a communal apartment, had the right-setting documents (the privatization contract and the EGRN discharge), and Popov lived nearby on the basis of a social employment contract.

The noisy neighbor wasn't working anywhere, had a problem with the law, and hadn't paid for the commune for five months.

The representative of the municipal association drew up a report of the violation, warned the tenant and ordered the payment of the arrears within the next month.

Making a pet in a communal apartment, not

1. Under-age children under 14 years of age registered in real estate must automatically become participants in the process.
2. In order to obtain permission to refuse to participate in the procedure, children between 14 and 18 years of age are required to obtain the consent of the territorial representative of the guardianship and guardianship authority.
3. The definition of " privatization of a communal dwelling " refers to the transfer of property rights, on a non-reimbursable basis, to the inhabitants of the dwelling they occupy in employment.
4. The owners of rooms in the commune are considered to be the State through the local government.
5. Citizens in dire need of housing have full right to use the public fund on the basis of a social employment agreement.
6. Once a social employment agreement has been signed, the employer and the resident citizens have the right to have a room in a communal apartment owned.

How can you evict tenants from an apartment in 2023?

If the apartment is empty for a while, it is convenient to place tenants in it, in which case the owner disposes of the costs of its maintenance, i.e. there is no need to pay for public utilities that you do not use.

Instead, it is possible to earn a certain amount of income for the provision of accommodation, and the subsequent eviction of tenants from the apartment takes place either by mutual agreement or by force.

The procedure for eviction depends on how the owner's relationship with the tenant was established, through the issuance of a lease, through an oral agreement, etc.

The emergence of a conflict situation

The dispute between the owner and the tenant most often arises when the owner of the apartment wishes to evict the tenant before a specified period of time, or when the tenants refuse to release the dwelling area after the expiry of the lease.

In order to safeguard themselves against possible problems in the future, the parties would be better advised to establish a lease agreement that would indicate the main points of their relationship.

If the dwelling is rented without a lease agreement, by oral agreement, both parties are in a more risky position: the tenant may be homeless at any time and the owner may not receive the rent.

Grounds

In essence, the eviction is the release of the dwelling area from the residents if their continued stay is not desirable for the owner, i.e. if the parties have failed to agree on the voluntary release of the dwelling, the eviction is decided by the court. In general, the reasons for which the court has the right to evict the tenants may be as follows:

• For example, industrial equipment and the production of commercial goods should not be placed in the dwelling;
• :: Repeated violation of the rights and interests of persons living in the neighbourhood, such as listening to loud music or carrying out repairs at unsettled times without agreement with the neighbours;
• Re-planning without authorization.

In addition, the following may be removed from the apartment:

• Illicit population;
• Recognition of the premises as emergency;
• The long-term absence of the tenant in the apartment;
• The existence of a mortgage;
• Non-payment of LHC bills for 6 months or more (for municipal housing);
• The dissolution of the marriage with the owner;
• Change of ownership;
• The term of the lease, etc., is to be terminated.

The court may also consider other reasons for eviction; for example, if the lease is for a period of up to one year, the reason for the eviction may be two months ' non-payment of housing; if the apartment is rented for a period of more than one year, it may evict if the six-month rent arrears have accrued.

What the Law says

The regulation of the owner ' s and tenant ' s relations takes into account the interests of both parties; the law provides for a certain procedure for signing and terminating the lease; before removing the tenants from their apartment, the owner must clearly indicate the consequences of such a move.

Issues relating to forced eviction and termination of a lease contract are regulated by the Civil Code and the Code of Administrative Offences of the Russian Federation, in accordance with the provisions of article 687 of the Criminal Code of the Russian Federation:

• Only the tenant is entitled to terminate the lease without additional conditions; he must inform the owner within three months of his intention to leave;
• If the tenant disagrees with the owner ' s demand to release the premises before the contractual period, eviction is possible only through an application to a court.

The lease is classified as a civil document, and it follows that the parties have the right to agree on and establish rules for the provision of housing as well as conditions for early eviction.

Although under the law the owner has the right to dispose of the dwelling at his discretion, in some cases the court may find the owner ' s actions to be unlawful.

• If the owner attempts to evict the tenant on his own, without resorting to the courts, article 19.1 of the Code of Criminal Procedure provides that this may be considered self-government; such acts provide for a fine of 100 to 300 roubles;
• If the tenant ' s property has been damaged by the owner ' s fault as a result of the arbitrary eviction, such acts may be punished in accordance with the Criminal Code of the Russian Federation, in which case monetary compensation of up to 80,000 roubles may be imposed or imprisonment for up to six months.

How eviction takes place

Practice has shown that the owner who wishes to get rid of the tenants and evict them for non-payment, complaints from neighbours, lack of sanitation, etc. is more likely to be the proponent of the termination of the lease.

The owner of the dwelling must bear in mind, however, that if the contract does not specify its duration, it will be valid for a period of five years.

As long as the contract is in force, the owner does not have the right to change its terms.

Three months before the end of the lease, the owner must inform the tenant of his or her further plans whether he or she intends to extend the contract or to terminate the lease; if the owner has not indicated his or her intention, the contract shall be extended for the same period and under the same conditions.

If the tenant lived in the owner ' s apartment on the basis of an oral agreement and the terms of the lease were not documented, the court will most likely decide in favour of the owner on the grounds that there is no right to reside in the tenant ' s apartment in this case, and the court is not entitled to claim from the tenant payment of the rent arrears.

Voluntary eviction

If, for some reason, the owner has decided to terminate the lease, he may propose to the tenant a "peace" solution, i.e.:

• The owner of the dwelling shall inform the tenant in writing of the change in his plans regarding the accommodation provided to him;
• In the notification, the owner invites the tenant to voluntarily release the premises;
• In the course of personal negotiations, the parties reach a mutually acceptable solution;
• The tenant is voluntarily evicted within a specified period of time.

If the owner of the dwelling agrees to continue the lease after the tenant has corrected the irregularities, the tenant shall be given time to correct the defects (e.g. to establish order or to pay the LAC arrears).

Forced eviction

The owner shall apply to the court for the eviction of the tenant when the tenant refuses to release the dwelling voluntarily.

• Name of court: It is usually a district court at the place of registration of the defendant;
• Personal details of the plaintiff, defendant and third party (FIO, address);
• The title of the document, e.g. "A claim for eviction of temporary tenants from a dwelling provided under a social employment contract";
• The address of the dwelling and the terms of the lease;
• The substance of the claim, e.g. the tenant ' s refusal to release the premises;
• The grounds for eviction, with reference to legal instruments;
• Requesting the court to facilitate eviction;
• List of documents attached to the suit;
• Date of filing, plaintiff ' s signature.

The statement of claim shall be accompanied by:

• A receipt for the payment of the public service;
• Documentary proof of ownership of housing;
• An extract from the EGRP;
• If necessary, an extract from the home book;
• Any supporting documents relevant to the case, such as the testimony of neighbours, photographs and videos.

If the court granted the plaintiff ' s application, the defendant must release the premises within the prescribed time limit, which would lead to forced eviction by the bailiff.

Act of the bailiff

The executive list, together with the court ' s decision, shall be sent to the bailiff ' s office; the defendant shall be notified of the commencement of the execution proceedings and, if the tenant continues to stay in the apartment after the time has elapsed, the bailiff shall have the right to proceed to forced eviction; if necessary, the bailiff shall be entitled to the assistance of members of the Ministry of Internal Affairs or the Ministry of Foreign Affairs.

The eviction must be attended by two persons who are not interested in the case and, as a result of the procedure, the bailiff must issue an eviction certificate with an inventory of the property.

From the communal apartment

The owner may evict a resident from a communal apartment for:

• Failure to pay utility charges;
• systematic drinking and debauchery;
• Damage to property;
• Establishment of a production room, a warehouse, an office, etc. from the room;
• A voluntary settlement.

In addition, the reason for the eviction may be the termination of the social employment contract, as well as the deprivation of parental rights.

If a temporary propiska has been issued to the tenant of the communal dwelling, the owner who wishes to evict the tenant must be concerned about the withdrawal of the citizen from the registration register, i.e., if he/she wishes to leave the place of residence.

It should be borne in mind, however, that if tenants were registered with young children, eviction was possible in the case of other accommodation.

Evidentiary resettlement

The contract of hire shall be issued in the event that the tenant of the dwelling, under a social employment contract, transfers the dwelling to a third person; if the tenant is living in an apartment with a contract of hire, his or her eviction shall take place in accordance with article 79 of the Labour Code. The termination of the contract of hire and the eviction of the tenant shall be carried out on the basis of:

• Agreements between the parties;
• The renter's non-compliance with the terms of the contract.

A particular feature of the contract of hire is that the employer bears the same responsibility for the dwelling vis-à-vis the owner as the employer who entered into the contract of social employment.

At the same time, the duration of the hire contract coincides with the duration of the social employment contract, but if the employer renews his contract with the owner, this does not mean that the hire contract is automatically extended; it needs to be rewritten.

The owner has the right to demand the eviction of the lifter if it is found that the latter:

• Uses the floor space for improper purposes;
• Breaks the peace of persons living next door;
• In the case of housing, there is a lack of income.

Neighbors from the apartment

Sound neighbours with a social lifestyle can bring many problems to the residents of the multi-family home. If verbal contact with the offenders does not produce the desired effect, the neighbours can initiate administrative measures, such as requiring the eviction of the troubled tenants from the apartment.

The removal from a flat next to that rented should take place only with the participation of the lessor.

In order to evict such tenants, neighbors must record every disturbance and report it to the owner of the apartment.

If the violations are systematic, the neighbours may call in the sanitary and epidemiological services, the fire services or the police to assist in eviction.

The eviction of tenants in 2023 may therefore be voluntary or by judicial decision if the parties cannot reach a mutually acceptable solution to the problem.