Judicial eviction with provision of other residential premises

Eviction from official housing has a number of its own characteristics. This is due to the fact that this category of premises is a special-purpose housing stock, usually owned by the state or municipality. Agreements for the rental of such areas are of a fixed-term nature and exclude the possibility of alienation of real estate.

Who has the right to receive an apartment from a special fund

A decision from an authority is required to provide official housing for use. Clear criteria have been established for such premises: they can be either houses or separate apartments.

Persons entitled to receive space from this category of housing stock must fall within the following parameters:

1. Have labor relations with state or municipal institutions (as a rule, this is associated with the involvement of specialists to solve problems in the region, for example, teachers in rural areas).
2. Serve in the police, state security, the Ministry of Emergency Situations, the military department, and so on.
3. Hold a public or elected position.

The premises in question can be allocated for the use of the above-mentioned persons under a rental agreement for the period of performance of the relevant duties and only if they do not have other housing in a given city or town.

Contents of the document

The transaction is concluded in writing and in a simple form. The contract specifies the technical characteristics of the apartment, rooms, the presence of central heating, etc. Its parties will be: the landlord (the government body or the management of the institution acts as such on behalf of the owner) and the tenant (the person receiving the space for living).

Unlike social Renting a citizen who has acquired a premises with the right to use does not have the opportunity to exchange it for another, or to provide the space for sublease. The contract also includes close relatives of the employer. These include those who have the same rights and equal responsibilities: children, husband/wife, parents. Persons under eighteen years of age move in and register without the consent of the property owner. The parties to this transaction have specific rights/responsibilities.

Employer:

1. To receive subsidies specified by law allocated to pay for utility services.
2. To protect your home from entry by unauthorized persons.
3. To terminate the contract unilaterally at any time.
4. Obliged to maintain the premises in satisfactory condition, not to carry out unauthorized redevelopment or reconstruction.
5. Carry out routine repairs as necessary.
6. Avoid destruction of real estate; in case of faulty plumbing equipment, repair the breakdown yourself or report it to the owner.
7. Pay utilities and housing services on time.
8. If the rental conditions change, inform the owner of the space.

The service apartment can only be used for living. Failure to comply with the terms of the transaction will result in eviction from the official residential premises.

The lessor has the following powers:

1. Demand payment for housing services provided on time.
2. Terminate the deal if the agreed terms are violated.
3. Make decisions on the free registration of ownership of the occupied space.
4. Organize the transfer of the apartment in satisfactory technical condition, free from the claims of third parties.
5. Bear the burden of the costs of major repairs, and during the period of its implementation provide people living in the premises with another place to stay.
6. Provide utilities in full and of appropriate quality.

Invalidity of the transaction

The contract for the rental of official housing will be considered invalid for the following reasons:

• for its conclusion, they presented documents that a priori did not correspond to reality, for example, they contained false information about employment or concealed information about a house they owned located in the same area;
• the decision to provide living space was made in violation of the law, for example, the established regulations were not followed.

In this case, the general rules for such transactions apply, that is, they are invalid from the date of their signing and do not entail legal consequences. For example:

Citizen Ivantsova filed a lawsuit; in her statement, she asked to invalidate the lease agreement for the premises of a special fund, to oblige the administration of the city of Bogotol to conclude a social rental deal and transfer ownership of the apartment in accordance with the law on the privatization of residential premises.

Ivantsova justified her position with the following arguments:

1. The disputed area was provided to the plaintiff and her family members in 2010 based on an order of the municipal commission. The housing was transferred for use under a special lease agreement.
2. The apartment had official status from 1992 to 2005, after which it was transferred from federal to municipal ownership. The latest decision to classify the area as a specialized fund was not made. Based on this, Ivantsova believes that the home where she lives with her husband and the minor child of her deceased daughter belongs to the social fund and cannot be rented out as a service property.

In the counterclaim, the administration representative asked to reject the stated demands and evict Ivantsova and her family from the service apartment, justifying his position as follows:

1. The premises were given official status in 1987 by decision of the executive committee of the Council of People's Deputies. As a result of the transfer of real estate in 2005, the owner of the property changed, but not its status. Therefore, Ivantsova’s demand to conclude a social rental agreement is unlawful.
2. Currently, Ivantsova has resigned from police service and has lost the right to occupy a special fund apartment.

The court assessed the evidence provided and decided to grant Ivantsova’s request, since, according to the Housing Code, the premises can be recognized as official only on the basis of a decision to classify it as a specialized fund.

This procedure is contained in the rules of law. The municipality representative did not provide such a document.

Accordingly, the apartment that is the subject of the dispute belongs to the social housing stock and the municipality is obliged to conclude a social tenancy agreement.

Grounds for termination/termination of the contract

Like any transaction, a contract for renting housing from a specialized fund can be terminated by mutual agreement of the parties. The employer has the right to do this unilaterally and at any time he chooses. Under this condition, the eviction procedure is very clear: you just need to notify the owner.

For the landlord, the rules of law do not provide for the possibility of terminating the transaction on his own initiative. He can do this only if there is a court decision.

The grounds for appeal will be the following circumstances:

1. Evasion of the employer from paying housing and utilities for six months or more.
2. Unsatisfactory maintenance of the premises, leading to its destruction.
3. Antisocial behavior of citizens, violating the right to a comfortable existence of neighbors.
4. Use of an apartment for activities not related to residence (for example, for an office).

In all these cases, the landlord has the right to file a claim, terminate the contract and evict the tenant from the official housing.

The transaction is terminated due to:

• with the end of the time period established by the employment contract;
• with the expiration of service in the military, law enforcement agencies, and government. positions at the federal and regional levels.

If, after termination of the contract for the above reasons, the residents do not voluntarily vacate the space, then eviction from the service apartment occurs through the courts. However, the provision of other housing is not provided.

Change of owner of a real estate property or transfer of it to municipal enterprises with the right of operational management or economic management. conduct will also be the basis for termination of the transaction, excluding the situation when the new owner acts as the employer of the tenant.

Procedure for eviction with provision of housing

After termination or termination of the contract, the service apartment must be vacated. In case of eviction through a court decision, as a general rule, no other premises are provided. However, the legislator determined who cannot be evicted without providing other housing.

These persons include:

1. Close relatives of those who died/died or were declared missing while serving in law enforcement agencies, the penitentiary system, or customs.
2. Citizens receiving an old-age pension.
3. People who acquired a disability of the first two groups while performing their official duties due to prof. illness, as well as in connection with an industrial injury or injury.
4. A child whose parents have died.
5. Military pensioner based on length of service

To evict the above-mentioned persons from the official residential premises, the previous owner is obliged to provide other housing.

For orphans, it must be well-equipped and located within the same locality.

Buying an apartment with a valid rental agreement

The rules established at the legal level enable a citizen to use premises from a special purpose fund only if there is no other housing. The Supreme Court gave the following explanation on this matter using a specific case as an example:

The municipality filed a claim against citizen Sidorenko to recognize the rental transaction as terminated and to evict him from the occupied service apartment.

In support of the application he presented the following arguments:

1. In 2014, a contract was signed with Sidorenko. In this regard, he was allocated premises for official purposes for living.
2. In 2016, as part of the state program to help young families solve the housing problem, Sidorenko purchased an apartment.

Based on the above, the municipality believes that Sidorenko has lost the right to occupy housing from a specialized fund.

The district court recognized the municipality's claim and decided to evict Sidorenko with his wife and children without providing other premises. The appellate court left the decision unchanged.

The Supreme Court overturned both acts on the following grounds:

1. One of the essential conditions of the rental agreement from the special. fund is a person’s lack of space where he can live.
2. Legal provisions do not indicate the possibility of terminating a rental agreement in the event of purchasing real estate.
3. At the time of the consideration of the case, Sidorenko remained a party to the contract.

Thus, a citizen can live in the disputed housing until the end of the employment relationship.

Application of statute of limitations in matters of eviction from official housing

The moment when the limitation period begins to run is considered to be the date when a person became aware that his rights and legitimate interests had been violated. Judicial practice on eviction from official housing shows that citizens consider the day of termination of employment relations to be such a starting point.

Example:

The prosecutor filed a claim for the eviction of citizen O.A. Safin. from an occupied apartment belonging to a special fund, on the following grounds:

1. Since 2010, Safin, under an employment contract, was hired to work in the garage of a military unit (military unit) as an auto mechanic. He was allocated living space during the period of his duties.
2. In 2011, the citizen resigned of his own free will. He refused to vacate the apartment. According to current legislation, persons who cease to be a party to labor relations are considered to have lost the right to use office premises and are evicted from it.

In turn, Safin asked to dismiss the claim due to the expiration of the statute of limitations, since 3.5 years had passed after his dismissal from his position and before the prosecutor filed a statement of claim. The district court and the appellate court satisfied Safin's demands.

The Supreme Court overturned the previous acts and explained its position as follows:

1. The employment contract with the citizen was concluded in 2010, and at the same time he was provided with housing from a specialized fund.
2. Since 2011, Safin has been dismissed from his position.
3. Currently, he lives in the disputed apartment and, as follows from the presented extract from the financial and personal account, pays for utilities and housing services.

From the moment of termination of the employment relationship, grounds arise for termination of the transaction for the rental of office space. However, this fact does not entail automatic termination of the above agreement.

The deal is valid until the day the premises are voluntarily vacated by the persons occupying it, and if this does not happen, then until eviction by court.

Forced expulsion from official living space

Practice shows that citizens are reluctant to part with occupied special premises. fund. Property owners typically have to go through district courts and appellate courts. However, there are situations when a judicial act does not force the tenant of the disputed apartment to leave it. In this case, the issue is resolved through enforcement proceedings. The bailiff sends a notice to the citizen, which indicates the deadline for voluntary eviction and contains a warning that otherwise, forced eviction from the occupied area will be carried out. Eviction means emptying an apartment of people who are in it without a legal basis, their belongings and animals.

The enforcement procedure takes place in the presence of witnesses and with the mandatory drawing up of an act. The latter also contains an inventory of the property. The document is signed by the person who carried out the expulsion procedure and the evicted citizen.

The bailiff has the right to carry out forced eviction even without the occupant. In this case, the service employee is responsible for ensuring the safety of the debtor’s removed belongings.

The latter has two months to collect his material assets, having previously paid the costs incurred for their storage.

If this does not happen, then the bailiff, after a written warning to the debtor, transfers the items for sale to a special organization. The proceeds from the sale, minus expenses incurred, are returned to the debtor.

Good reasons for eviction from an apartment without provision of alternative housing

Many people, living in communal apartments and in their own apartments, do not think about possible eviction.

This problem is closer than it seems; in this article we will look in detail at the eviction procedure, as a result of which you can easily remain “on the street.”

Is it possible to evict without providing another accommodation?

The concept of “eviction without provision of other living quarters” implies forced eviction, in which you are “kicked out” from your only apartment to nowhere.

That is, where you live does not concern the state.

As mentioned above, this applies to any apartment, in accordance with Article 91 of the Housing Code.

It also does not matter how many people live in the dwelling, either one person or a family can be evicted.

Sometimes eviction is carried out not due to the fault of the tenant, but due to the following circumstances:

• demolition of a residential building;
• recognition of the building as unsafe;
• transfer of communal apartments to non-residential stock.

In this case, you will not be in danger of staying on the street; in return, you will be provided with other housing.

If you are expelled due to your fault for violations, then don’t expect anything good; at best, you can count on a room in a dorm, and even that is not a fact.

Eviction without the provision of housing can be carried out by a court decision or at the request of the prosecutor's office (the second option is used when, for example, a house is being demolished, but people continue to live in it).

Read about the grounds for eviction from a privatized or service apartment in our articles.

Reasons

What are the grounds and reasons for eviction without providing other housing? The following are the grounds for deprivation of square meters:

1. 1. Negligent attitude towards the place of residence, which entails its destruction.
   2. Mortgage debt.
   3. New owner.
   4. Non-payment of utilities for more than six months.

1. Use of housing for purposes other than its intended purpose.
2. Infringement of the rights of neighbors, the sacrifice of which may threaten their lives (for example, unauthorized planning affecting load-bearing walls).
3. Unauthorized, unofficial residence.
4. Deprivation of parental rights.

Can debt on utility bills be grounds for eviction from a municipal apartment, and who in this case is the initiator of filing a claim? Find out about this on our website.

What legislation is it regulated by?

The procedure for eviction of unwanted tenants is regulated by the Housing Code of the Russian Federation and the Civil Code of the Russian Federation. In the Housing Code there are articles 35, 91, in the Civil Code there is article 292.

Who is eligible?

You can sue the property owner:

• representatives of municipal authorities;
• representatives of government bodies;
• the owner of the apartment;
• neighbor;
• to the prosecutor;
• guardianship authorities.

Do they give you time to find a new home?

• During the trial, the judge will decide how long you will be given to find a new place to live.
• The amount of time depends on the circumstances; depending on them, a deferment will be assigned; the restrictions are as follows: no less than three months and no more than a year.
• If you lived in a communal apartment under a social tenancy agreement and the court decided to forcibly evict you, a mandatory condition will be the provision of another communal apartment or hostel on the same basis.
• The living space will be up to 6 square meters for each family member or one person.

Let's consider the procedure for eviction from a residential premises without the provision of housing:

1. First you need to record the identified violations.
2. The authorities or a neighbor warns about the consequences of violations; for this, a letter is sent to their address, which will need to be signed as evidence that the request to correct the situation was ignored .
3. After the period for correction has expired, there is every reason to file a claim in court.
4. In accordance with Article 154 of the Civil Procedure Code, the application will be considered within two months .
5. After another 30 days, a sentence is pronounced and handed over to the bailiffs for execution.
6. The procedure for unwanted tenants begins.

documents to the statement of claim :

• cadastral passport;
• technical certificate;
• receipt of payment of state duty;
• if evicted from a communal apartment, then a social rental agreement;
• papers for the apartment (for ownership);
• passport of the defendant and applicant;
• documented violations: acts of violations from the sanitary and epidemiological station, district police officer, etc.

Since everyone has the right to housing, and no one has the right to deprive it, very strong evidence is needed for expulsion. Otherwise, the court decision will be in favor of the defendant and no one will evict him.

One of the serious nuances is the presence of an impressive evidence base . It’s one thing to see for yourself, and another to have a document from one of the relevant organizations (for example, from the sanitary and epidemiological station).

This aspect makes the eviction procedure quite difficult and energy-consuming. What do you need to prove?

1. The citizen's further stay in the apartment will lead to inevitable consequences.
2. The tenant does not want to change the situation for the better, this can be confirmed if he provides a registered letter signed by him, which indicates the violations and states the deadline within which they need to be eliminated.
3. The reason for the lawsuit is not personal animosity.

Mortgage apartment

1. This happens due to lack of loan repayments and the appearance of large debt obligations.
2. Or, the use of the apartment violates the conditions specified in the loan agreement.
3. If the mortgage debt is large, then the apartment may be repossessed as payment for the debt.

The court's decision

During the trial, both the defendant and the applicant are heard. The evidence they provide is taken into account.

There are some mitigating circumstances, for example, if it is winter outside, you can ask for the opportunity to live in an apartment until the weather conditions improve.

In any case, please take into account that if the applicant is able to prove the fact of violations, and the applicant does not refute them, then a sentence will be issued to forcibly evict him.

Forced evictions are carried out by the police and bailiffs . Representatives of the law go to the apartment address with witnesses and begin to forcibly evict the residents.

What should I do if they want to evict me?

If you become a hostage in such a situation, do not panic. Everything can be corrected and expulsion can be avoided. The main thing is to take action within the allotted time for correction.

By resolving these issues peacefully, there will be no trial. The main thing is not to violate it again, otherwise you won’t get away with it just like that.

Who cannot be deprived of housing?

There are a number of citizens who are not subject to eviction despite the circumstances:

• elderly people, i.e. pensioners;
• children without parents;
• if a family member died while on duty (for example, in police custody);
• if a family member is declared missing;
• disabled people (first and second groups obtained due to profession).

If you are evicted from a communal apartment, then the main thing is to have a residence permit in communal housing and be registered as needing housing. Otherwise, these categories of people are also subject to eviction.

To prevent the emergence of various problems, you need to familiarize yourself with each issue in detail. The issue of eviction without provision of other housing was no exception.

Eviction with provision of other living quarters, legal advice

Eviction with the provision of other residential premises obliges the property owner to provide similar living conditions to the former residents.

This measure applies to other categories of citizens and is not used as a punitive measure, as is the case with eviction, so to speak, onto the street. Eviction with the provision of residential space implies the relocation of residents to living space that meets the requirements for favorable conditions to the same or greater extent.

Legislation

The settlement of issues in the field of eviction with the provision of other residential premises is regulated by the Housing Code of the Russian Federation. And in particular, articles 81-91 of Chapter 8 of the Code.

Who can be evicted

When talking about eviction with the provision of another comfortable residential building, it is more appropriate to use the term “relocation”, since it is relocation that takes place in this case. The tenant does not move out onto the street; in fact, he moves from one property to another.

Citizens who live in the premises under a social tenancy agreement	and their family members.
citizens who live in the premises under a contract of employment	and their family members.
Citizens who have the right to live in the premises for life under a tenancy agreement due to death or disability of groups 1 and 2	the employer during his service or performance of his labor duties.

Who can't be evicted

• This category of citizens does not exist, since there is no infringement of the rights of tenants.
• Expulsion with the provision of other living quarters occurs for objective reasons, and often turns out to be beneficial for the relocated tenant.
• Reasons why a decision to relocate may be made:

Personal will of the employer. It should be noted that the tenant does not have the right to express a desire to change the occupied housing due to the fact that it does not suit him according to any criteria.	The only reasoned reason may be that the housing area is too large. That is, if the number of required meters of living space exceeds the permissible standards (18 sq.
The house or building in which the apartment is located was declared unsafe and a decision was made to demolish it.	In the event that the commission recognized that the condition of the house is unsafe and dangerous for living, cannot be restored and decided to demolish the building, the residents of the house will be evicted and provided with other housing.
The land plot on which this residential building is built is subject to seizure for the implementation of state or municipal needs.	For the employer, it does not matter what specific needs will be met on this site. The very fact of seizure is grounds for eviction.
Regarding the tenant's housing, a decision was made to transfer it to non-residential. This reason is similar to the reason described above.	The presence of tenants does not detract from the right to dispose of the house to address state and municipal needs should they arise.
The housing was declared unsuitable. This stage precedes the recognition that the house is subject to demolition.	In this case, the eviction simply occurs earlier than it could have happened. What is a positive thing for an employer who is forced to live in unfavorable conditions?
During planned repairs or reconstruction of a house, the premises occupied by the tenant,	will be destroyed or changed to a state that does not meet the requirements and conditions for living in it.
A decision has been made regarding the premises (building)	transfer it to a religious organization.

Requirements applicable to the accommodation provided

Based on Article 84 of the Housing Code of the Russian Federation, the following types of housing can be provided during relocation:

• comfortable premises;
• another residential place.

The type of premises is provided depending on the initial data of the property from which the relocation is taking place.

In addition to the type of amenities, the following requirements apply to the housing provided:

New housing is provided in the same locality as the old one. The tenant cannot be relocated to another locality.	This infringes on his rights and is contrary to the law. Exceptions are possible, but in this case, such relocation must be subject to the personal will of the employer.
Within one city, an employer can be relocated to any area, regardless of distance from the center. That is, having an old apartment in the city center, the tenant can be evicted to the outskirts.	In this case, he does not have the right to appeal, since the city does not have internal borders and is regarded from the point of view of legislation as an integral settlement. In addition, if a request is expressed, the employer may be provided with housing outside the city limits.
The condition of the house into which the relocation takes place must meet the requirements of capital construction.	Relocation to a house recognized as temporary housing (emergency) cannot be carried out.
Landscaping implies the presence of communal amenities. These include: electricity, water supply, sewerage, heat and gasification.	The level of livability of the new premises cannot differ from the previous one for the worse.
When providing new housing, the conditions of internal condition and repairs, layout, availability of a storage room, and balconies are not taken into account.	All these qualities are additional criteria that are not taken into account when deciding whether to provide other housing.
Housing must be equal or larger in living space.	When evicting from housing, the size of which was less than the permissible standards, the new housing must be no less than the norms for the size of housing permitted by law.

Eviction procedure

The manner in which the deportation procedure takes place directly depends on the reasons contributing to this.

This type includes cases when a tenant claims a smaller living space:

• conditions (footage) do not meet the standards (family composition);
• the apartment is in disrepair.

If the house is in an emergency, the employer can either wait for the commission to make a decision or initiate the adoption of this decision. To do this, you must, together with other tenants, submit a collective request to the commission to consider the issue of recognizing your housing as unsafe and relocating it .

Such active actions will significantly speed up the resettlement process if the house is actually recognized as unsafe and subject to resettlement.

Eviction by the owner of the premises

In this case, resettlement is most common due to the dilapidation of the housing stock and its recognition as unsuitable for habitation. In addition, the reasons are:

• seizure of land or house for state or municipal needs;
• transfer of premises for religious needs.

The order in the first case is assumed to be as follows

Since the initiator is the employer, the responsibility falls on his shoulders to justify his wishes. If we are talking about reducing living space, a corresponding application is sent to the housing inspectorate, outlining the argument and attaching the necessary documents.

You must provide:

• copy of passport identification;
• certificate of family composition (living in this apartment together with the tenant).

This application is submitted directly from the person with whom the social rental agreement was concluded.

If the tenant applies for resettlement due to the unsuitability of housing, it will be more effective if such an expression of will is collective.

After the inspection, a decision will be made to recognize the building as unsafe (dilapidated/in need of repair) or refusal. Based on the results accepted by the commission, further steps will be assigned to eliminate the problem.

Eviction with the provision of comfortable living quarters at the initiative of the owner

The owner of the premises notifies the tenant	about the decision to evict.
The tenant has the right to familiarize himself in more detail with the procedure for providing him with new housing,	as well as living conditions
In case of violation of the rights of the employer, he has the right to submit a written notification about this to the body that made this decision	or go to court.

At the end of the proceedings, the tenant will be provided with other housing or the claim will be denied and the decision to relocate will remain unchanged.

Eviction of citizens with provision of other residential premises

Eviction of citizens from residential premises is carried out in accordance with the requirements of the Housing Code of the Russian Federation. One of the results of eviction, provided for in Art. 84 of the Housing Code of the Russian Federation, is the provision of other housing under social rental agreements.

Citizens who have the right to receive other real estate are provided with comfortable or other housing. Relocation is carried out by decision of a judicial authority.

Grounds for relocation of citizens living under social tenancy agreements

The list of cases in which the resettlement of persons is carried out is defined in the legislation (Article 85 of the Housing Code of the Russian Federation).

Grounds for eviction with provision	Description
Citizen's initiative	Performed in cases where a person applies for a smaller housing area
Recognition of residential real estate as unsafe and subject to demolition	The eviction is carried out within the framework of the emergency housing resettlement program
Seizure of the plot on which the house is located for the needs of the municipality	When a plot of land is taken away, the house is in most cases subject to demolition
Housing reconstruction	Eviction may be temporary in nature with the provision of a flexible fund for the duration of repairs or other comfortable housing
Transfer of residential real estate to non-residential status	Transfer to non-residential property is made if the house is declared unfit for habitation. Accommodation in non-residential real estate is not provided, relocation is carried out
Transfer of property to a religious organization	When transferring, the religious affiliation of the property is taken into account

If the resettlement of citizens is carried out by a court decision, the specific property must be indicated in the claim. In the absence of information about housing that is free from other residents, the claim remains without progress.

Eviction from specialized premises

One of the types of housing in which people live under rental agreements is a dormitory. Citizens and members of their families living in specialized residential premises are evicted upon completion of the basis for further stay:

• Expiration of the rental agreement period.
• End of training time.
• Termination of employment relations with the employer.

The RF Housing Code applies to cases where real estate belongs to the state or municipal housing stock. If the owner of specialized housing is a commercial structure, the provisions of the Civil Code of the Russian Federation apply to the relations of the parties.

Despite the fact that hostels belong to the service fund, a number of categories of citizens are not subject to eviction without the provision of housing.

List of persons not evicted without provision of housing

Preferential categories of persons are specified in Art. 103 Housing Code of the Russian Federation. Preferential categories of persons include:

1. Family members of military personnel and law enforcement agencies who died (disappeared) while performing public duty.
2. Pensioners who have received the right to security upon reaching age.
3. Family members of a deceased person who previously entered into a rental agreement.
4. Disabled people of groups 1 and 2 who acquired the disease as a result of professional activities or military service.
5. Orphans without parental care.

For persons who are provided with other housing upon eviction, the premises must be located within the boundaries of the populated area.

Criteria for the improvement of real estate

The housing provided must meet livability criteria no lower than those of the property from which the eviction took place. The list of requirements for the provided facility is specified in Art. 89 Housing Code of the Russian Federation. The criteria apply to housing provided under a social tenancy agreement.

Real estate requirements	Description
Location of the property	Housing is provided in the area from which the eviction took place, unless the recipient specifically wishes
Area within a populated area	A person does not have the right to choose a district of a populated area. At the request of the person, housing is provided outside the city
The condition of the house is suitable for living in	Relocation is not carried out to housing recognized as emergency
Availability and condition of utilities	Water supply, gas supply, heat supply and other systems must correspond to or be in the best condition available to the person
Area of ​​housing provided	The size of the living space is provided in an equal or greater amount. Different rooms are provided for children of different sexes

The internal layout, floor, state of decoration, the presence of a balcony, the location of the rooms of the previous home are not taken into account when determining the compliance criteria.

The level of amenities of the premises must correspond to the conditions adopted for a particular locality. A comparison is made with the amenities of state and municipal housing stock. Clause 37 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated July 2, 2009 No. 14.

Provision of other living quarters

The provision of housing during relocation that does not meet the requirements for livability is carried out if the tenant fails to comply with one of the contractual conditions - late payment for accommodation and utilities for a period of more than six months ( Article 90 of the Housing Code of the Russian Federation ). Eviction is carried out by court decision, taking into account the following conditions:

• Payment for accommodation and utilities was not paid for a consecutive period of 6 months.
• The grounds that prompted the person to fail to fulfill the obligations of the employer have been identified.
• There was no valid reason for the payment. Valid reasons include delays in wage payments, loss of legal capacity, work while the search is confirmed, the presence of dependents in the family, disabled people, minor children, and others.

The court decision indicates a specific premises that corresponds to the parameters of social housing upon occupancy. The area of ​​an isolated and habitable room should not be less than 6 square meters. m per family member. Real estate located in one locality is provided.

Example of a claim being denied:

Citizen M., who signed a social tenancy agreement, lost his ability to work. During the period of incapacity for work and registration of the disability group, M. did not pay for utilities and rent.

The owner of municipal housing filed a lawsuit to terminate the contract and evict M.

The judicial authority, having considered the individual conditions, certificates, and other documents provided by the defendant, rejected the plaintiff’s claim with the condition that the debt be repaid within six months.

Forced relocation of tenants

Persons who have received a court decision to evict them to another residential premises are required to leave the occupied territory. In the generally accepted version, the person is given a week's time. Refusal of voluntary eviction involves the use of a forced method with the involvement of bailiffs who have the right to:

• Summon a person who does not comply with a court decision to the bailiff service.
• Enter into housing, the right to occupy which has been lost by the tenants.
• Forcibly enter a home with the participation of law enforcement officers and in the presence of witnesses.

The actions of the bailiff are recorded by the act of execution of the court decision.

Documentary support for relocation at the initiative of a citizen

A person may apply to the municipality with a request:

• Providing housing with a smaller area.
• Declaring the house unsuitable for permanent residence.
• Confirmation of non-compliance of footage or other conditions with the standards established in the region.

The application is submitted to special commissions working in municipal authorities.

Application for relocation.

In addition to contacting the municipality to change the existing conditions, a person can apply to the landlord to terminate the contract. Reasons for voluntary eviction include departure, dismissal and other reasons. To voluntarily evict, you must submit an application.

Mistakes made when evicting citizens

Eviction condition	Wrong position	The right approach
The reason for eviction is not related to the tenant's violation of the terms of the contract	The area of ​​new housing provided may be provided in a smaller size, consistent with social norms	When relocating persons, the area must be equal to or greater in size
Providing housing	Persons in preferential categories who occupy premises without permission are evicted on a general basis	Unauthorized occupation of premises does not mean automatic receipt of benefits provided for by the Housing Code of the Russian Federation

Question No. 1 : Is relocation carried out when there is a change in ownership of the property?

Answer: Termination of a rental agreement is carried out upon transfer of ownership of specialized property without the provision of another area. The exception is when an employment contract is concluded with an employer.

Judicial eviction without provision of other living quarters

Being a compulsory measure of state legal influence, judicial eviction without the provision of other residential premises can act as a sanction for an offense committed. But this doesn't always happen. When evicting from the office premises an employee who has terminated his employment relationship, or a person who has terminated

training, from the dormitory of an educational institution or when a tenant is evicted from premises owned by a citizen on the grounds that the premises are necessary for the residence of the owner and his family members, eviction is not a sanction for an offense. We are talking about the application of a measure of state or public necessity or another measure, before which the interests of the person living in the given premises recede into the background.

First, we will focus on cases of judicial eviction without the provision of other residential premises, which can be classified as measures of civil liability. They are provided for in paragraphs 2 and 4 of Art. 687 Civil Code, part 1, art. 98, Art. 123, 124, 136 LCD.

The grounds and procedure for terminating a residential tenancy agreement at the request of the landlord are defined in Art. 687 of the Civil Code, taking into account whether we are talking about an ordinary commercial lease agreement, which is concluded for a period of not more than five years, and if the period is not specified in the agreement, then it is considered concluded for five years, or about an agreement concluded for a period of up to one year (short-term hiring).

In a regular rental agreement, the contract may be terminated in court at the request of the landlord in cases where the tenant fails to pay rent for the residential premises for six months in a row, unless the contract establishes a longer period, and in the case of a short-term rental - more than twice after the expiration of the payment period established by the contract.

In both regular and short-term rentals, the contract can be terminated in court at the request of the landlord in cases of destruction or damage to the residential premises by the tenant or other citizens for whose actions he is responsible.

If the tenant and other citizens for whose actions he is responsible use the residential premises for other purposes or systematically violate the rights and interests of neighbors, the landlord may warn the tenant about the need to eliminate the violations. If violations continue even after the warning, the landlord has the right to terminate the rental agreement through a court order.

In case of normal hiring, the measures provided for in paragraph 1 may be applied to the employer. 4 paragraphs 2 art. 687 Civil Code. The court may grant the employer a period of no more than a year to eliminate the violations. If, within the period determined by the court, the employer does not

eliminates the violations or fails to take the necessary measures to eliminate them, the court, upon repeated application by the lessor, makes a decision to terminate the contract. In this case, at the request of the employer, the court may postpone the execution of the decision for a period of no more than a year. All these measures cannot, however, be applied if we are talking about termination of a short-term rental contract (see paragraph 2 of Article 683 of the Civil Code).

In these cases, they are subject to eviction without the provision of other residential premises, which must be recorded in the operative part of the court decision. With the entry into force of part two of the Civil Code, the rule of part four of Art. 18 of the Law of the Russian Federation “On the Fundamentals of Federal Housing Policy”, according to which a tenant of residential premises in the state or municipal housing stock, if he failed to pay for housing and utilities for six months in a row, was subject to eviction with the provision of another residential premises.

In paragraphs 2 and 4 tbsp. 687 of the Civil Code, the right to demand termination of a housing tenancy agreement is granted only to the landlord. Obviously, neighbors, not being a party to the agreement, cannot demand termination of the agreement.

But neighbors are not deprived of the right to demand the eviction of the tenant on the grounds that the tenant destroys or damages the living space or uses it for other purposes or otherwise systematically violates their rights and interests (for example, creates conditions that are impossible for living together).

The courts should involve the landlord, and, in appropriate cases, housing authorities, in the consideration of such cases.

Let's give a specific example. In one of the apartments, the production of an expensive synthetic drug, phencyclidine, was established. Its production uses toxic substances, including cyanide. During the manufacturing process, caustic fumes are generated, which, when entering the ventilation shaft, poison neighbors.

People began to get sick: blood pressure, palpitations, nausea, bleeding, stomach pain. Acid fumes rust metal objects. Nevertheless, the residents’ appeals to the police, the sanitary and epidemiological station, and the district administration led to nothing.

In support of the claim, they cite the fact that with their complaints, the poisoned victims allegedly damaged the reputation of the residents who owned the apartment.

Meanwhile, in the above case, it is the housemates who have been poisoned who can demand the eviction of tenants who, without using the apartment themselves, sublet it, which led to the use of the apartment for antisocial purposes and had a detrimental effect on the health of other residents of the house. They may also demand compensation for harm caused by damage to health (for example, reimbursement of expenses for paid medical care, purchase of medicines, sanatorium treatment), and, regardless of this, compensation for moral damage.

Among the grounds for termination of a social tenancy agreement in state, municipal and public housing stock and eviction of the tenant in court without the provision of other residential premises in Art. 98 LCD provides for destruction or damage to residential premises; use of residential premises for other purposes; impossibility of living together in the same apartment or in the same house. In this case, we are talking about the eviction of the perpetrators at the request of not only the landlord, but also other interested parties.

Obviously, in these cases, the measures provided for in paragraph. 4 paragraphs 2 art. 687 of the Civil Code (preventive and deferred execution of decisions on termination of the contract and eviction), since in Art. 98 of the Housing Code, eviction is allowed if preventive measures and social influence are ineffective. In Art. 98 of the Housing Code also allows for the eviction without provision of other residential premises of persons deprived of parental rights if their cohabitation with children is impossible1. It should be noted that in Art. 98 of the Housing Code among the grounds for eviction of a tenant without the provision of other living quarters, in contrast to paragraph 2 of Art.

687 of the Civil Code does not provide for non-payment of rent. Obviously, in these cases, the rule of Part 6 of Art. can be applied to social hiring. 15 of the Law of the Russian Federation “On the Fundamentals of Federal Housing Policy”, according to which, if payment for housing and utilities is not made within six

months in a row, citizens are subject to judicial eviction with the provision of other living quarters.

As for the rules of Art. 123, 124 and 134 of the Housing Code, the first two of them relate to eviction from houses of housing construction and housing cooperatives, and the last - from houses (apartments) owned by citizens.

A member of the cooperative himself can be evicted from the cooperative house only if he is excluded from the cooperative on the grounds provided for in paragraphs. 1 and 2 parts 1 and part 2 art. 123 LCD.

A member of a cooperative expelled from the cooperative is subject to judicial eviction along with all persons living with him without the provision of other living quarters.

Other persons may be evicted on the grounds provided for in Part 1 of Art. 98 of the Housing Code and the charter of the cooperative.

At the same time, family members of a person expelled from the cooperative (including former family members) may retain the right to cooperative space provided that one of them joins the cooperative. The decision to exclude from the cooperative, as well as the refusal to admit one of the family members to the cooperative to replace the expelled one, can be appealed in court.

Of course, all these rules are designed for a situation where the purchase of a cooperative apartment has not occurred and a member of the cooperative has not yet become its owner.

Since we are talking about commercial rental, the relations between the owner and the tenant are subject to the rules of Art. 687 of the Civil Code on termination of a rental agreement, taking into account, however, that some of them are not subject to application to rental for a period of not more than a year, i.e.

to short-term hiring.

Let us now dwell on cases of judicial eviction without the provision of other residential premises, which cannot be classified as measures of civil liability. They are provided for in Art. 48, part 1 art. 107, software, 135 and 136 LCD

If the order for a residential premises is declared invalid, eviction depending on the grounds for invalidity of the order and other circumstances specified in Art. 100 housing complex, is carried out either without the provision or with the provision of other residential premises.

If the eviction is carried out without the provision of another residential premises, the eviction cannot be classified as measures of civil liability, since the evicted person is not deprived of the rights to the occupied premises, since due to the invalidity of the order they and

could not have occurred to him. Meanwhile, deprivation of rights is a necessary attribute of legal liability1.

Eviction from service residential premises without the provision of other residential premises in the presence of the grounds provided for by law is permitted in Part 1 of Art. 107 LCD.

At the same time, one should caution against extending the legal regime of service residential premises to all residential premises in state farm houses, regardless of whether the premises meet the characteristics of official residential premises set out in Art. 101 LCD, to whom and when it was provided.

The resolution of May 24, 1982 is one of the by-laws, and therefore it could not provide for a change

In relation to civil liability, this was convincingly shown by O. S. Ioffe at one time (see: Ioffe O. S. Responsibility under Soviet civil law. L., 1955). In cases where the eviction is carried out as a result of the recognition of the order for residential premises as invalid, such eviction may not be accompanied by the termination of the housing legal relationship.

If a warrant is issued for a bribe, then it should be classified as an insignificant legal act that does not give rise to the legal consequences that its issuance was intended to achieve.

A housing legal relationship does not arise here at all, and therefore the eviction of a person who has received a warrant (regardless of whether the eviction is carried out with or without the provision of other premises) does not entail the termination of the housing legal relationship.

a residential lease agreement without the consent of the tenant to the detriment of the tenant.

Eviction from hostels, albeit through a judicial procedure, but without providing the evictees with other living quarters is provided for in Art. According to the housing complex, seasonal and temporary workers, persons who worked under a fixed-term employment agreement (contract), as well as persons who studied in educational institutions and dropped out of them are subject to eviction without the provision of other residential premises.

Persons hired for permanent work may be evicted from the hostel without the provision of other living quarters in the event of dismissal of their own free will without good reason, for violating labor discipline or for committing a crime, if in addition they do not belong to the persons listed in Art. 108.

Finally, a tenant can be evicted from a house (apartment) owned by a citizen, not only in the cases provided for in Part 1 of Art. 98 of the Housing Code, as well as in case of non-payment of payment for residential premises (these cases have already been considered), but also in the presence of grounds enshrined in Art. 135 of the Housing Code, and in the absence of the tenant beyond the period during which the temporarily absent person retains the right to residential premises (Part 2 of Article 136 of the Housing Code).

The owner may refuse to renew the contract for a new term if the contract is concluded for a period of not more than one year, and the contract provides for the obligation of the tenant to vacate the premises upon expiration of this period.

In addition, the tenant may be refused to renew the contract if the court finds that the premises occupied by the tenant are necessary for the personal use of the owner of the house (apartment) and his family members. In these cases, the tenant is subject to eviction by court order without the provision of other living quarters.