Is it possible and how to evict the owner from the apartment?

The housing problem is a problem that is relevant for the majority of the population in modern Russia. And even more so when the desired square meters are at stake.

And the eviction of undesirable people here is becoming one of the options for solving the housing problem . But what if they want to evict the owner of the premises?

Letter of the law

• This formulation of the problem is quite acute, because the issues of eviction of unwanted tenants or former owners have received quite a lot of attention in modern current legislation.
• This includes the Housing Code of the Russian Federation with its articles 31, 86-89, and article 292 of the Civil Code.
• However, the Constitution of the Russian Federation in paragraph 1 of Article 40 indicates that the right to housing is mandatory for anyone living on the territory of the state, and no one can be deprived of the place where he can live.

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.
4. This raises the question: is it possible to evict the owner?
5. The answer to this question can be found in the Civil Code, which in paragraph 2 of Article 235 indicates that the owner can be deprived of his property only by a court decision and only if this body finds circumstances in the situation preceding the seizure of property that will help prove the use such property is not intended for its intended purpose.
6. As for housing and the eviction of the owner from it, the same Civil Code of the Russian Federation, but already in Part 1 of Article 293, states that such a procedure can be carried out only if the person who owns the living space uses the existing premises for other purposes than also, through its actions to exploit it, creates uncomfortable or life-threatening conditions for its neighbors .
7. Also, the eviction of the owner can be carried out if the owner allows the destruction of housing through its mismanagement.
8. You can find out in what cases they can evict without providing another living space, as well as whether they can evict you from a single apartment to nowhere, from our articles.

Who can initiate the procedure?

Thus, in accordance with current legislation, only :

• representatives of government authorities;
• representatives of municipalities.

Who can initiate the eviction of a homeowner for violating the rights of neighbors?

If we talk about neighbors who suffer due to the actions of the owner of a particular home, then representatives of government authorities will act on their behalf.

For example, a local police commissioner - if the evicted person systematically violated public order, a representative of the Rosreestr authorities - if an illegal redevelopment was carried out in a particular apartment, which the owner refused to correct, and his actions caused damage to the integrity of the building, etc.

Find out on our website how to evict illegal residents from an apartment, as well as whether it is legally possible to evict a minor child.

Why can you evict an apartment owner?

Reasons

Since it is quite difficult to deprive an owner of the right to live in a specific premises and exploit it in any way, the legislator decided to formulate a specific list of grounds on which the procedure could be carried out more easily .

Such grounds include:

1. Mismanagement of the premises, which may lead or has already resulted in its destruction.
2. Using the premises for other purposes than for its intended purpose, or in such a way that the neighbors will endanger their comfortable and safe living.
3. Illegal redevelopment of the premises, which created a threat to the integrity of the building and danger to the people living in it. Failure to pay utility bills (but only if the owner has another living space on which he can fully exist).
4. Failure to comply with sanitary and hygienic requirements for the operation of residential premises, which creates uncomfortable living conditions for neighbors or a threat to their health and life.

This list is exhaustive and cannot be broadly interpreted.

But for any of these reasons, only the court can make a decision on eviction after considering all the materials of the case.

You can find out whether it is possible to evict a person from an apartment if he is registered there but is not the owner, as well as who the owner has the right to evict from his apartment from our articles.

What are the nuances when evicting family members of the former owner from an apartment? It is no secret that the issue related to the eviction of any person from the living space he occupies is quite complex.

And it has a number of nuances that must be observed in order not to violate current legislation. The most difficult issues are the eviction of relatives of former owners, as well as forced eviction.

The Civil Code of the Russian Federation established that from the moment the existing property right is transferred from one person to another, the previously existing rights to exploit the object of property relations among the relatives of the previous owner are terminated.

This means that if the owner of a property has transferred his rights to own and dispose of property, in particular an apartment or other residential premises, for example, a house, to another person, or he has been deprived of his existing rights by a court decision, his family members also lose the opportunity to use a specific premises for housing.

Termination of the right to use real estate for residence for family members of the former owner occurs at the moment of change of owner. This is recorded in Article 292 of the Civil Code of the Russian Federation.

This is due to the fact that family members of the former owner had the right, before the change of owner, only to use the premises, but not to dispose of them. Accordingly, the right of residence and registration after completion of the procedure for re-registration of ownership rights in a particular premises is terminated.

Read about the specifics of eviction from an apartment of unregistered persons or former spouses on our website.

Forced deprivation of residence rights

1. This form of deprivation of the right to reside and use a specific premises is carried out only if it becomes necessary to execute a court decision, and the person being evicted has not voluntarily vacated the premises.
2. In this case, bailiffs, together with representatives of the police, with the obligatory presence of witnesses, carry out the eviction procedure.
3. When carrying out the procedure for forced eviction from a residential premises, the bailiff has the right to carry out appropriate measures only in relation to the person directly indicated in the resolution , even if they are carried out in relation to the owner of the premises.
4. His relatives remain on the territory of the apartment or house and retain the right to exploit it.
5. If the evicted person moves back into the apartment, the bailiff will be able to evict him only based on a newly issued decision of the same judicial body that issued the previous decision.
6. Read our article about how to evict a person from a non-privatized apartment.

Procedure

How to evict a person for systematic violations? The easiest way is to write a statement to the district police officer in the event of an obvious violation by the owner of the current legislation regarding the rules for the operation of the home.

However, if this option is obviously not possible to implement, you can go the other way and tackle the issue yourself. To do this, you need to take a number of actions:

1. Drawing up an application to the local administration with a request to influence the owner of the property in which violations of the rules of operation are taking place.
2. The administration representative issues an order to the property owner demanding that the identified violations be eliminated. If the requirements are ignored, a claim is filed with the judicial authorities located at the place of registration of the defendant.
3. Based on the results of the consideration of the case, either the court decision is executed, or the owner retains his rights to the living space, and representatives of the administration no longer have the right to defend the interests of other residents of apartment buildings.

When filing a statement of claim, in order to avoid returning it to the plaintiff and refusing to consider it, it is necessary to comply with certain requirements for its preparation.

Thus, the following information must be provided:

1. The name of the judicial body to which the claim is sent.
2. Information about the personal data of the plaintiff and defendant.
3. A reasoned petition to evict the defendant from the residential premises he occupies, with a mandatory indication of the grounds for such actions.
4. Evidence that can prove the plaintiff's case.
5. Information about possible pre-trial attempts to resolve the conflict.
6. Information about the additional documents attached (including the cadastral passport for the apartment, a certificate of registration of the person being evicted, received no earlier than a month before submitting the application, etc.).
7. Receipt of payment of the state fee (for individuals, if they are the initiators of the legal proceedings, the amount will be 300 rubles, and for legal entities - 6,000 rubles).
8. Copies of all attached documents.

After considering all the materials of the case, the court makes a decision to satisfy the claim or deny it. If the claim is satisfied in full, an appropriate court decision is prepared, on the basis of which the bailiff carries out the necessary measures.

Evicting an owner from an apartment is a rather complicated matter , which receives a lot of attention both in housing and civil legislation.

However, if evidence is presented of irrational use of residential premises, as a result of which the exploitation creates uncomfortable living conditions for neighbors, as well as threats to their life and health , this is quite feasible.

How to evict the owner of a share from a residential premises

If the premises have several owners and a conflict arises, then the question arises: how to evict the owner of the share? This can only be done in court and if there are compelling reasons. I would like to note that this happens in very rare cases.

The owner of a share, just like the owner of real estate, has the right to use, own and dispose of a share in the apartment. The only thing that limits him is not the complete disposal of the entire living space, but he can bequeath, donate or sell his part.

Also, ownership and use occurs by all owners, which sometimes gives rise to conflicts and contradictions. The owner can sell a share of the property only after having previously received a refusal to buy the part from other owners of the living space. This does not apply to gifts and bequests.

1. Systematic violation of neighbors' interests.
2. The use of living space is not for residential purposes.
3. Damage and destruction of a residential building.

The basis may also be debt for services for the maintenance of house construction, but only if the owner of the share has another living space for living.
Forced deprivation of living space is carried out on the basis of a court decision.

How to evict from shared ownership

For eviction from shared ownership, general grounds are provided for the provision of housing in replacement of the seized one:

Residential housing construction is being liquidated or is on a major overhaul schedule.	The document is the conclusion of a special commission about the dilapidated condition of the house or the impossibility of living in the home.
When housing construction transitions from residential to non-residential status	by decision of the municipal authority.
When taking a piece of land,	on which the house is located, for government needs.

The reason for the eviction of a share owner may be a systematic violation of the interests of neighbors. Neighbors can be persons living in the same apartment.

For example, co-owners have divided personal accounts, and one owner occupies a separate room. At the same time, he systematically violates peace and quiet, listens to loud music, or has many cats or dogs that he does not care for. Systematic actions include the concept of repetition and repetition.

In such situations, you should submit a written application to the municipal administration, which warns the owner of the share to eliminate the causes of concern. The municipal body can only warn the negligent owner, but cannot force it. The initiator of the appeal to the court will be the municipality.

You can also contact the housing inspectorate, which, on the basis of Art. 23.55 of the Code of Administrative Offenses of the Russian Federation has the right to draw up protocols on administrative offenses.

Article 7.21 of the Code of Administrative Offenses of the Russian Federation provides for liability for violation of the rules for the use of housing. It is important to know that such documents will be documentary evidence in the event of a court hearing of the case of eviction from shared ownership.

The use of living space for non-residential purposes and the infliction of damage is confirmed by the conclusions of fire inspection authorities, sanitary and epidemiological stations, and construction organizations.

If the owner of the share continues to violate the order after the warning, then the court may decide to sell part of the apartment at public auction; the co-owners have a preemptive right to purchase.

Eviction of the former owner of a share in the apartment

An option to evict the owner of a share on a voluntary basis can be considered as paying him compensation for the cost of part of the living space.

In cases where a part of the property is insignificant and cannot be allocated in kind, the court may, without the consent of the owner, oblige the other co-owners to pay him compensation. Having received the value of part of the property, the owner of the share loses the right to living space.

Eviction of the owner of a share is possible only if he has lost all rights of use, ownership and disposal, which are only established by legal acts, purchase and sale agreements, donations and court decisions. The transfer of ownership is the reason for the eviction of the former owner.

Eviction of the owner of a share in an apartment for non-payment

The resulting debt is the reason for applying to the judicial authorities with a petition to vacate the home. If this is the only housing, on the basis of Art. 446 of the Code of Civil Procedure of the Russian Federation, the owner of a share cannot be evicted.

Based on Art. 247 of the Civil Code of the Russian Federation, the use and possession of co-owners occurs by mutual agreement. In addition, each owner must pay for the services provided.

In such a living space, personal accounts can be divided. In accordance with Art. 210 of the Civil Code of the Russian Federation, each participant is responsible for the maintenance of the home and its timely payment, and the burden falls on each owner in proportion to his part of the ownership.

The formation of debt serves as the basis for applying to the judicial authorities for debt collection. If the amount of the debt is equal to the value of the real estate share, the enforcement service can foreclose on this part of the property, but only when the debtor has another place to live.

For example, a grandson was given a share of an apartment by her grandmother; he has his own home, for which he has accumulated debt. In this case, it is possible to recover a share of the property.

Such property may be confiscated in the event of failure to fulfill monetary obligations under civil and legal contracts or alimony obligations. This part can be purchased first by other co-owners. If part of the property is the only one for living, then no one has the right to deprive the debtor of housing (except for collateral).

Arbitrage practice

Judicial practice confirms that appeals to the court by parents for the share of children do not have a positive solution, just like appeals of children for the share of their parents.

Registration in a home does not give the right to claim a share in the apartment. The most successful cases are with ex-wives raising children under the age of majority.

Example 1

According to the claim of the plaintiff, the ex-husband, he was given 1/8 of the living space, and the defendant 7/8 of the share. The basis for this division was the presence of the defendant’s two minor children. In addition, she is obliged to pay monetary compensation to the plaintiff for this insignificant part of the real estate share

Example 2

According to the court decision, the ex-wife with three children began to own 13 of the 14 parts of the property, and the husband became the owner of 1/14. The ex-husband got married and his second wife gave birth to a child.

So, they began to have shares in 1/14 of the first wife’s real estate, who was not happy with this circumstance. She went to court to deprive a small share of the co-owners. The court ordered her to pay part of the cost of the property 1/14 to her former husband.

Example 3

As an example of the deprivation of part of the property, the case of the eviction of the owner of twenty dogs from her own home is evidenced. A sufficient number of documents were collected confirming the unsanitary condition of the apartment.

These are documents about the dogs’ lack of vaccinations, and a study of air samples. In addition to documents from medical and veterinary specialists, acts drawn up by management companies and municipal authorities were included.

Forced eviction by bailiffs

The basis for forced entry is a court decision. Upon receipt of court documents, the bailiff opens proceedings on the case and sends copies of the decisions to the debtor and the collector. A reasonable period of time is given for the debtor to execute the court decision independently.

If the debtor has not vacated the home, then the bailiff will forcibly evict the owner of the share from his own residential premises in the presence of two witnesses.
During the resettlement process, an inventory of property and an eviction report are drawn up. The act reflects all the actions of the bailiff.

All persons present during the resettlement and full details of witnesses are listed.
An inventory of the property listing the characteristics, and also indicating the ownership of the share owner.

• information on the ban on using the seized share of real estate;
• information about storage of property;
• a note explaining all the rights and obligations of the participants in the process.

At the end of the eviction process, the property is put into storage if the person being evicted has not taken it. The case ends with a decision to terminate the proceedings.

Inventory and seizure of property in shared ownership

The basis for the seizure of property is a bailiff's resolution, a writ of execution, a court order, a resolution of the tax service and the traffic police.

When making an inventory and seizure of property, it is important to include only the property of the debtor in shared ownership. Therefore, the bailiff must carefully examine the details and objects in order to establish ownership.

If the inventory includes property that does not belong to the evicted person, then these are grounds for appealing the bailiff’s decision in court. In accordance with paragraph 3 of Art. 256 of the Civil Code of the Russian Federation, recovery is applied only to the share of property.

Also, the bailiff does not have the right to include in the inventory things that are not subject to seizure.
For example, individual personal items. The system of seizure and inventory of property depends on the individuality of the case and is applied by the bailiff within the framework of the law.

Bottom line

If any disputes arise or a question arises regarding the issue of eviction from shared ownership, you can consult with our lawyer in the form of a pop-up window or by writing a comment on the article.

You can also call us at the numbers listed on the website. Our consultation is free. We will definitely answer and help.

Evicting a person from an apartment without his consent - how to arrange everything legally?

One of the important regulators of public law is housing, which is controlled through civil, family, criminal codes, as well as the Constitution of the Russian Federation. Art. 25 of the Declaration of Human Rights guarantees every citizen the inviolability of his home, but the situation of eviction is becoming common in our lives.

How to evict a person from an apartment according to the law - find out more in our review!

Deprivation of housing from the legal side - legal aspects

“Infringing” on the rights of a citizen provided for by the Constitution is possible only in accordance with the norms established by all provisions of the Housing Office and Federal legislation. The housing stock is under the jurisdiction of citizens or legal entities, as well as the state represented by the municipality.

Important! A request to vacate a home can only be issued by its owner or possessor.

There are a lot of legal articles for eviction without consent from a municipal apartment:

There is also a special article 75 of the Federal Law, which regulates the process of vacating housing, that is, eviction, for example, from a mortgaged or communal apartment.

Grounds for eviction

Important grounds or conditions for eviction are the following situations:

• A person loses family status and the right to housing that was acquired before marriage.
• The second homeowner can file an application for divorce in court if the person lives for a long time in another place. This document is taken from the Housing Office.
• The person does not participate in the maintenance of the apartment and does not pay bills. In this case, eviction is handled either by the payer, who presents payment receipts with his signature, or by the municipality.
• The complete absence of a person, that is, the citizen did not appear in the apartment and did not live in it for a single day. This can also be found out from the testimony of neighbors.
• It is easy to evict a person on the basis of liquidation of the building, for example, the premises are collapsing, or he is being moved to a fund not for living, because the house is in disrepair.
• If, as a result of the renovation of this premises, its living space is reduced and it does not comply with the sanitary standards adopted in this residential complex.
• If a person previously living in this premises causes significant damage to the housing, for example, destroys load-bearing structures. All this threatens to collapse the building. Accordingly, such a person is evicted in order to prevent a threat to the life and health of other residents.
• They can also evict based on a very slippery formulation: “If a person regularly does not comply with the regulations of a social hostel, that is, he violates all the interests of other persons who live there.” This includes scandals, brawls, and in this case, the testimony of neighbors, as well as a statement to the police, are important.
• If the tenant rents out the premises without the consent of the landlord, then naturally he is also evicted voluntarily or forcibly.
• and in the event that one of the parents is deprived of rights to the child. According to the law, he does not have the right to live in the same premises with children, therefore he is also subject to eviction.

The procedure for evicting a person from an apartment

You can evict a person from an apartment very easily if you follow an important rule: a person can always vacate their home either voluntarily or forcibly. The latter is carried out only in connection with a court decision. Forced vacancy of housing is also not uncommon.

Can a person be evicted to the street? According to the law, this is impossible, because In the event of liquidation of a premises, eviction always occurs with the allocation of a new place of residence.

The eviction itself is a protective measure of the landlord, which in this case can even be the state, for example, evicting a rowdy owner who disturbs the peace of other tenants.

The procedure for evicting a person from an apartment has its own algorithm, described below.

Eviction if a person is registered

Evicting a registered person from an apartment is a special procedure. If a person is registered in a given territory, then, in the event of voluntary eviction, it is necessary that the citizen himself contact the passport office and write the necessary application for eviction.

After this, the application will be reviewed within 3 days, and the person will be discharged from the specified property. This fact is confirmed by an entry in the passport indicating that the citizen’s registration at this place of residence has been terminated. In this case, the person loses his actual place of residence and must register at any other address.

Is it possible to forcibly evict a registered person from an apartment? Definitely yes, to do this you need to resort to applying to a higher court and submit the following documents:

1. Application for eviction.
2. A copy of the certificate of ownership.
3. Certificate of payment of state duty.

After the trial, an appropriate decision will be made, and the registered person will be forcibly evicted from the apartment.

If the housing has been privatized, then you can also evict a person voluntarily or forcibly through the court. If the conversation is about a minor, then you should pay attention to the time of his registration:

• if he was registered after privatization, then he can be discharged at the same moment when his parents were registered;
• if the child was registered before privatization, then the consent of the guardianship and trusteeship authorities will be required. They must check that the child will have a place to live after eviction from the premises occurs.

Eviction if a person is not registered

How to evict an illegally living person from an apartment? If a person is not registered at this address and has a relationship with her only as a tenant, then it is very easy to evict him with the help of the police. It is enough to correctly draw up a lease agreement and, together with your certificate of ownership, report it to law enforcement agencies.

What to do if you need to evict a person from an apartment who is very well known to the owner? For example, this is a distant relative of the home owner who refuses to move out voluntarily. Unfortunately, you should also contact the police, because... An unregistered person has no right to be on the owner’s premises.

It is possible to evict an unregistered person from an apartment without resorting to the help of the police if you try to resolve the situation peacefully so that the “tenant” vacates voluntarily.

If there is no other accommodation

Article 446 of the Code of Civil Procedure of the Russian Federation states that it is impossible to evict a person if he has no other home. In such situations, the law always protects the rights of citizens to housing.

Note! The only exception to this case is a mortgaged apartment. Even if the borrower does not have other living space, he may be evicted from the mortgaged housing for debts to the bank.

From mortgaged property

If a citizen has taken out a mortgage on a home, then the home itself will always be the foreclosure that the bank will seize in the event of debts on the part of the borrower. A mortgaged apartment is a guarantor of loan repayment to the bank. Accordingly, if any problems arise regarding the fulfillment of obligations by the borrower, then the agreement concluded between the bank and the citizen who took out the loan comes into force.

As a result, the premises are seized by the bank to pay off the debt and are already sold at public online auctions. The bank submits a special application to the court, which makes a decision to terminate the right of ownership of the specified housing.

After this, the bailiffs seal the housing, confiscate the keys and documents from the owner and evict him from the apartment.

Even the presence of minor children with the borrower or the lack of other housing cannot influence this decision.

Important! Based on a court decision, the bank can evict from the apartment only with the help of bailiffs with special permission from the court. If a bank hires collectors or sends its employees, then it is not acting within the law. In such situations, the borrower himself can file a claim.

In addition, the court always considers in detail the reasons why the debt arose. If the borrower agrees with the debt, guarantees payment, but needs a deferment, then the judge may appoint a credit holiday, during which the borrower must collect a certain amount.

The debtor may receive a judicial deferment in the following cases:

• loss of capacity;
• disease;
• loss of regular income;

All these reasons do not imply the debtor’s malicious evasion of mortgage payments. In such situations, the court will most likely refuse the bank and offer to resolve the matter amicably. For example, really schedule a vacation or distribute your debt over a longer period.

From a communal living space

You can evict a person from a communal apartment:

• if he does not comply with fire safety rules;
• if he presents his premises for rent for commercial enterprises, that is, they use their housing not to live in it themselves, but to conduct illegal business activities;
• if he carries out redevelopment that violates sanitary standards and destroys the load-bearing structures of the building. In this case, the owner threatens the life and health of others;
• if the owner exhibits antisocial behavior, for example, starts fights, is constantly drunk and rowdy.

Statement upon change of ownership

In this case, according to Article 292 of the Civil Code of the Russian Federation, the owner of the property has the right to deprive any tenant of his premises of ownership if he removes his name and transfers ownership rights. If the tenant has nowhere to go from such a living space that has changed its owner, the judicial authority may allow him to live in this premises for a period of up to 1 year. But for this you need to draw up a claim.

Former family member, relative

Deregistration of a family member or relative if they are home owners is impossible. Art. 292 of the Civil Code of the Russian Federation allows for lifelong residence rights to be granted to any family member who did not take part in the privatization of housing.

Also, if the divorced spouses are not family members and owners of the property, then they lose the right to use it. In general, divorced spouses have similar rights to use housing, but only the owner can deprive them of registration without their consent.

The only exception to this rule is former family members or relatives who were caught drunk, squabbles, or brawls. People are forcibly evicted even if there are debts on utility bills that exceed a period of 6 months.

From the service living area

Article 92 of the Civil Code of the Russian Federation provides for eviction from official living space.

What is service housing? This is special-purpose real estate that is issued to citizens for temporary use. The condition for issuance is a rental agreement concluded between the organization and the citizen.

For example, official residential premises in which many families live are departmental houses. They are appointed to the military after a certain length of service. This agreement is valid during the entire period of the citizen’s work at the enterprise, organization or institution that provides him with official housing.

In relation to the military, there is also a special right of ownership granted to his family in the event that the military man died in the line of duty or during the conduct of hostilities. Ownership is assigned and transferred to his wife and children until the latter reaches 18 years of age.

They can evict if the tenant also does not pay utility bills for a long time. In addition, citizens who do not respect the interests of other residents, or if the building is transferred to non-residential use or is being demolished, are subject to eviction from office premises.

Who cannot be evicted from an apartment?

You cannot evict from an apartment even through a court decision:

1. Minor children who were previously registered there.
2. Children left without parental care, orphans.
3. Dependents.
4. Those family members who do not have other housing.
5. Former prisoners.
6. Dead or missing.
7. Those persons who live under a rental agreement.

Going to court

In order to vacate a residential premises, a special application is required. When going to court, a person can only be evicted by force; if a person is going to evict voluntarily, then there is no need to go to court.

Required documents

To begin the process of eviction of a citizen from a certain place of registration, the court must provide the following documents:

• statement of claim and its copy;
• certificate of ownership;
• extract from the Unified State Register;
• an extract from the house register on payment of utilities;
• if those applying for housing are divorced spouses, then a document on divorce is required;
• in case of fights and brawls, a protocol of administrative violations is needed;
• If a citizen does not live on the territory of this apartment, then evidence from neighbors is required confirming the absence of his residence for more than six months.
• if a violation of sanitary standards or destruction of load-bearing structures of a building is registered, then acts and conclusions of expert commissions inspecting this premises are needed.

These documents are also accompanied by a certificate of payment of the state duty.

Procedure for filing and rules for filing a claim

A statement of claim in which it is required to vacate housing must necessarily be based on procedural legislation. First of all, you need to find out which articles of the Civil and Housing Code will be used in your process. They must have legal force, that is, be valid at the time of filing the claim.

If you cannot prepare on your own, then it is better to contact a specialist who has legal experience in such processes. An application and the necessary documents are sent to the judicial authority located at the location of the housing where the citizen is required to be evicted.

Thus, it is possible to evict a person from an apartment only by law. Both registered and non-registered citizens are subject to eviction. There are voluntary and forced evictions. In the second case, you will need a statement of claim to the highest courts, as well as an appeal to law enforcement agencies.

What are the grounds for eviction from an apartment by the owner - everything about forced eviction from a residential premises

The problem of deregistering a registered citizen from an apartment as the legal owner can become relevant in different situations: if the living space is being prepared for sale, if the old tenant remains registered in the purchased premises, if the citizen is registered but does not pay utilities or disturbs the quiet life of neighbors.

Housing problems always remain one of the most difficult, so you need to study the question of how to legally discharge and evict an unwanted tenant from an apartment and what actions the owner has the right to.

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 use the online consultant form on the right or call +7 (499) 938-46-18. It's fast and free!

Can an owner forcefully evict tenants from an apartment?

In most cases, the owner can remove unwanted tenants from his home without their consent , but this will necessarily require a decision from a judicial authority, which, when considering the issue, will take into account various circumstances: the marital status of the evicted person, his age and other factors.

All events on which the plaintiff will rely must be confirmed by documents (you will have to provide housing and communal services receipts, divorce documents, documents on the purchase of residential premises, etc.) or through the testimony of witnesses (neighbors, others living in this area, relatives).

Important: Eviction can only be carried out on the basis of a decision of a judicial authority that has entered into force.

The specific territorial department of the Bailiff Service will directly handle the extract.

The only condition can be a writ of execution for eviction, which the court will issue after the decision is made.

• An eviction claim is considered in accordance with the current Housing Code (Part 4, Article 31). The owner of the living space, which became his property before the marriage was registered, has the right to expel from it not only the former spouse, but also all the relatives of the former spouse registered in it. If the housing was purchased during marriage and other conditions are not specified in the marriage contract, then it will be joint property of the spouses and it will no longer be possible to write out the ex-husband or wife.
• The second norm of the law on which the court will rely will be Article 292 of the Civil Code, in which the second paragraph states that the basis for refusal of residence is the transfer of ownership of real estate. That is, the new owners, without a shadow of a doubt, can expel the former owner and members of his family from their legal territory, if for some reason they did not expel themselves.
• Cases of inheritance may be based on paragraph two of Article 1137 of the Civil Code, which provides for the opportunity for a dying person, at the time of drawing up a will, to stipulate the right of a third party to use this housing and live in it for the entire period of life or another period. Moreover, this right is retained even with a subsequent transfer of the right to real estate.

There are other provisions of the law that the court will rely on when considering cases, depending on the circumstances and conditions of discharge - the presence of a rent agreement, refusal to participate in privatization and various other factors will play a role (on what grounds they can be evicted from a non-privatized apartment , can be found here).

Therefore, it is very important to consult a lawyer before filing an eviction lawsuit in order to correctly assess all existing conditions, otherwise you can destroy all relationships with a person who, after you lose the trial, will no longer make any agreements and concessions.

Possible reasons for discharge from residential premises

Let's take a closer look at the reasons that may prompt a property owner to file an eviction lawsuit. The most common cases are the following , in which the owner can write out and evict a resident from his home without his consent:

1. the defendant has not lived in this apartment for a long time (or has never even lived) and he has another permanent place to live;
2. the defendant evades payment of housing maintenance costs;
3. divorce if the living space became the property of one of the spouses before marriage (read about how to evict your ex-husband from an apartment if he is registered here);
4. if the tenant was registered after privatization (about whether it is possible to evict a person from a privatized apartment and in what cases, read here);
5. if one of the parents has been deprived of parental rights in relation to the child and it is necessary to separate him from the child.

In all these cases, the court carefully examines all the circumstances of the case and makes a decision, guided by the existing norms of the law. Read about how to evict illegal residents from an apartment, as well as how to file an application to the court, and from this article you will learn how to evict a person from an apartment if he is not registered in it.

There are some persons who cannot be discharged without their consent. In these cases, the owner will have to negotiate with them about voluntary discharge.

Who cannot be deprived of the right to live by a homeowner?

However, there is a category of inviolable persons whom the owner cannot evict under any circumstances, and if he does evict them illegally, they can get them to move back in through the court. The court may refuse an extract:

• If a citizen at one time refused to participate in privatization in favor of another person. Such a citizen has an indefinite right to use privatized housing. However, since 2014, amendments have been made to this provision of the law: the refusenik must live in this apartment, participate in its maintenance, or obstacles must be placed in his residence. If a person has not lived in this place for a long time and has another place of residence, he loses his rights for living space in which he refused to participate in privatization.
• When transferring an inheritance, a citizen living in an apartment under a will can continue to live in it even if the owner changes. The duration of residence is specified in the will, but most often it is for life.
• It is impossible to evict former members of the housing cooperative who contributed any part of the share for this living space and have a document confirming this. Such residents, as well as their spouses, have a lifelong right to the property they paid for, even if they are not the owners.
• In accordance with the terms of the marriage contract, if stipulated in it, the spouse cannot be evicted even if the family relationship is dissolved.
• After staying in an orphanage, minors retain the right to the remaining living space, so it will not be possible to discharge them from there.

These citizens have the unconditional right to live in residential space owned by another person and therefore cannot be evicted.

There are some other categories of citizens who, at the discretion of the court, may remain living in someone else’s property for any period of time:

1. ex-spouses, if they do not have a place where they can move and do not have the funds to buy real estate (read about whether it is possible to evict from your only home);
2. people who are dependent on the owner.

Attention: When purchasing residential real estate, you need to check it for the presence of registered citizens, so as not to continue to live with eternal neighbors next door.

As for minors, the law does not make concessions here and such situations are considered in the same way as with adults (read about the grounds on which minor children can be evicted here). Also, at any time, the court can restore the residence rights of people who were declared missing and then reappeared.

The same applies to former prisoners: if they were simply registered in this residential premises, and it was sold, then they will no longer be able to use your housing. But if a citizen who has served time or has ever been imprisoned has refused privatization in someone else’s favor, he has every right to push you out and the law will remain on his side.

More details about who and when it is impossible or difficult to discharge are described in the video:

Some features of document preparation

Unregistered

If in your apartment or in a house (for example, in which you do not live), unauthorized unregistered persons suddenly begin to live, you can call a local police officer or submit an application to the police department to evict them . Without the consent of the owner (for example, a guest comes to your child), an unregistered citizen can stay with you for up to 23 hours.

If we are talking about more complex cases - for example, you want to evict your relative’s cohabitant, who lives with you without your consent (who also only periodically participates in paying for utilities) or in your private home, as it turns out, an outside family has been living for several years , you can file a statement of claim with the judicial authorities (read about how to file a statement of claim for the owner to evict from an apartment here).

Download a sample application to the Department of Internal Affairs for the eviction of an unregistered tenant by the owner of the apartment

Prescribed

A registered citizen can only be evicted through the courts. The entire evidence base must be provided to the judicial authorities, including the grounds for registration of this citizen. In this case, only the owner of the property can file a claim , who will also have to pay a state fee.

If there are compelling reasons, the court will grant the claim. However, there are cases when the court may oblige the owner to delay the eviction for some time: for example, if the person being evicted is disabled and does not have other housing or finances to purchase it.

Download a sample statement of claim to the court for the eviction of a registered tenant by the owner of the apartment

Without agreement

1. Eviction without consent is carried out in a similar way: a lawsuit is filed in court, then enforcement proceedings are obtained , which must be taken to the territorial department of the SSP.
2. Next, the process will be handled by the bailiffs, who will give the evicted person a period of time to voluntarily leave the premises, and if he refuses, they will do so forcibly.
3. Attention: Even a locked door will not help - the bailiffs have the power to open the doors.

Evicting the owner's family members is somewhat more difficult. The court will carefully consider each case : whether the person lives in the apartment, whether he pays utility bills.

The age of the person being evicted and his behavior will also be taken into account (for example, the owner’s mother wants to evict her alcoholic son).

Former family members

Family members lose their right of residence immediately after a divorce, unless otherwise agreed in the prenuptial agreement. If they and their relatives living with you are not going to leave voluntarily, you will have to resolve the matter through the courts.

However, if the property was acquired during family life, then even if one of the spouses is the owner, the second also has the right to a part of it. In this case, you will have to first divide the property .

Download a sample statement of claim for eviction of an ex-wife by the owner of the apartment

Conclusion

The process of leaving another person's home is quite complex and nerve-wracking. First you will have to visit the courthouse, then interact with the bailiff service, which is accustomed to working slowly. All this will require time, nerves and money. Therefore, if there is still an opportunity to resolve this issue voluntarily, you need to make the most of it.