Eviction from housing: grounds, order, jurisprudence in 2023

The employer and members of his or her family shall use the premises in accordance with the intended purpose, but shall not take possession of the property; the removal from the service home shall take place after the completion of the employment contract or for other reasons arising from the provisions of the law in force; and a court decision shall be required for the compulsory procedure to be carried out.

Eviction from Service Homes Act

Regulations on the subject have been approved by the Housing Code of the Russian Federation in its 2005 revision, and special laws provide for exceptions for certain categories of tenants:

• FL No. 76 of 27 May 1998 on the status of military personnel;
• FL No. 247 of 19 July 2011 on social guarantees for members of the internal affairs services.

Grounds for eviction

The employment contract is signed at the same time as the work contract, and residents cannot dispose of other persons ' property at their discretion. The following acts are prohibited:

• The disposal of property in any form;
• Changes in the parameters of the service housing;
• A deterioration in technical or sanitary conditions.

In the situations presented, it is possible to lose or significantly reduce the value of valuable property.

Other grounds for eviction from official housing:

• Emergency condition of the building;
• Planned demolition;
• Violation of the interests (rights) of neighbours;
• The sale of real estate to another owner.

Voluntary eviction by decision of the parties shall be accompanied by the termination of the agreements in force and the return of the property to the owner shall be subject to an act of acceptance and transfer, which shall record the absence of mutual claims.

You might be interested in getting a service home in 2023.

Separation or reduction

An enterprise may terminate an employment contract if the employee fails to perform his or her duties or fails to comply with corporate rules; similar actions are permissible in the dissolution of the unit, during the reorganization of the staff.

In these situations, it is assumed that the official dwelling will be set free in accordance with the standard procedure and that the standard contract will specify the procedure for notification and the duration of departure.

Similar rules apply to civil servants, police officers, members of the security forces and members of the military.

Breach of contract

As noted above, the model employment contract clearly specifies the purpose of the accommodation and cannot be used for the organization:

• Production;
• Workshop;
• The warehouse.

Such property is prohibited from renting or renting other persons; in particular, removal from the premises may take place because of the employer ' s long absence from the relevant address or his/her departure to another place of residence (one or together with family members).

The grounds for similar action are large rent arrears; forced eviction from the premises is permitted only by court order.

In the course of the proceedings, account shall be taken of illness, other valid reasons for non-performance.

In addition to the remodelling of the service housing, it is prohibited to change the technical parameters significantly, to remodel it, and it is not possible without the owner ' s consent to install heating boilers instead of the regular electrical convections, and the gross violation of the arrangements is the deliberate destruction of property by the responsible employer or his family members.

The interests (rights) of the neighbours must be respected in order not to provoke a legal eviction claim, and the following actions are prohibited:

• Freezing of access to public premises;
• Strong noise;
• Uh, hooligan shit, other disturbances of public order.

The main reasons for forced eviction from the premises are consistent with the rules for the use of real estate under social employment contracts, and it must be understood that the court may take into account other arguments from the plaintiff that the premises are to be vacated.

Who they can't evict.

In this situation, the presence of minor children within the family does not constitute a basis for the maintenance of the right of residence; only a temporary stay may be granted by the court to search for suitable real estate, usually for a period of not more than a few months.

They may not forcibly expel, in accordance with article 103 of the Criminal Code of the Russian Federation:

• Old-age pensioners;
• Citizens who have been disabled (G.I and II) in the course of the performance of their work (service) duties;
• Family members of the deceased principal employer;
• Children deprived of parental care.

The same benefits are enjoyed by members of the family of members of the MES and law enforcement agencies, officials, members of the armed forces who have disappeared or died in the course of their duties.

Certain categories of tenants may also not be evicted if they have begun to exercise their legal rights prior to the entry into force of the 2005 version of the Housing Code of the Russian Federation:

• Veterans, disabled persons and guerrillas, members of their families;
• Workers with more than a decade ' s experience;
• Single parents with minor children.

If the employer takes possession of the property, he loses his preferential rights, and it is not important to obtain the property: gift, inheritance, mortgage acquisition or other. The ownership is supported by data from the State registration database of the EGRN.

Eviction procedure

Unless otherwise specified in the contract for the employment of a service dwelling, prior notice must be given not less than three months ' notice; in the absence of consent, the owner may apply to the court.

However, self-inflicted violence, including the interruption of access to the building, is prohibited.

Once a decision has been taken, a forced eviction procedure is initiated with the help of a bailiff ' s office.

Notice of eviction

This document may be handed over by the courier or by the owner ' s responsible employee, and notice of eviction from the premises may also be given:

• by telegram;
• A registered or valuable investment letter;
• through a notary.

The text should note:

• A description of the real property;
• A legal instrument;
• Reasons for termination of the employment contract;
• The duration of the eviction;
• Additional actions in the transfer of real estate;
• The intention to file a complaint with the court on the basis of certain legal provisions.

Get a sample of the eviction notice.

Period of de facto eviction

A certain time interval is not provided for by law, usually 3 to 5 working days from the date of receipt of the notice are set in the employer ' s contract, and a court order may extend the eviction from 1 to 3 months to several years.

Is the other apartment provided?

In the case of eviction, the owner is not obliged to provide other real estate; who cannot be evicted from the service home is dealt with in the section listing the preferential categories.

If the employee disagrees with the eviction

The employer shall prove his or her rights in court proceedings; the self-government of the owner shall be prohibited by law; such violations shall prevent recourse to the Public Prosecutor ' s Office, the highest bodies of departmental authority and other supervisory organizations.

Under what circumstances are they brought before the courts

The owner arranges for forced eviction from the service apartment according to the following algorithm:

• Gives the responsible tenant an official notice;
• In the absence of consent, gathers documentary evidence of its validity;
• Makes an application to the court, pays the government fee;
• After obtaining a favourable decision, apply to the service of bailiffs for execution proceedings;
• If necessary, use the court's decision to release the tenants.

List of documents and statement of claim

The claim must include the circumstances of the termination of employment, other reasons for the eviction, and, in addition to the plaintiff and defendant, must refer to the law and formulate the claims correctly.

Model list of accompanying documents:

• Employment contract;
• A contract for the employment of official housing;
• Transfer order (reduction, dismissal);
• Reports and other confirmations of administrative (criminal) violations;
• Debt statements;
• Notice of eviction.

I'm gonna download the eviction claim.

Which court hears such cases

The claim is filed with the regional court on the basis of territorial affiliation at the real property site; since there are no property claims, there is no need to assess the official dwelling; in a standard situation, a small State duty is paid (300 p. according to the norms of the Russian NC, art. 339.19). The supporting receipt supplements the list of accompanying documents.

The normal procedure is changed if the tenant has damaged the real estate, in which case a preliminary expert assessment is required; the State is to be calculated as a percentage of the amount claimed.

Judicial practice on eviction

The time limit for claims with general grounds is three years, which is mistakenly referred to as the time limit for filing an application; it is understood that the owner cannot subsequently arrange for forced eviction through court.

This claim is valid only if the owner is forgetful and has not taken any active action during the period in question; the responsible owner may file a negative application, in which case the time limit mentioned is not applicable; and the claim is based on violations that impede the exercise of the right to dispose of real property.

The law defines precisely the list of those who cannot be evicted from official housing, but the case law confirms the existence of special solutions, as follows:

Expulsion of minors

In this situation, the tenant can confirm the difficult financial situation that prevents the rental of other real estates; when comparing alternative properties, the minimum standard per person is taken into account; the removal from service housing with a minor child without the provision of other real estate may be postponed for a long time.

Removal of retirees

Once the employment relationship has been completed, regardless of age, the employee loses the right of residence in the service apartment, but the rule does not apply if he or she does not have other real estate; only other accommodation is allowed under a social employment contract.

Nuances of evictions by type of service

The types of service (MES, MUP, military) do not generally affect the eviction procedure; the eviction of a member of the armed forces (family members) is permitted in the following cases:

• Dismissal;
• Provision of other service accommodation;
• Acquisition (received) of real property.

Thus, when transferred to another garrison, the old apartment would have to be rented regardless of the results of the comparative analysis with the parameters of the new residence.

The exact use of the above recommendations will help to minimize problems in the use of official accommodation. If the problem is not resolved during the negotiations, they will be referred to the court. In order to prove their right, careful documentation is required on the basis of the existing norms of Russian law.

Do not forget to reposte and bark. Please comment on your own experience, leave comments on the subject. Contact the website ' s on-call lawyer in order to handle complex issues correctly. The consultation is free of charge.

You may be interested in the procedure for obtaining service accommodation by military personnel in 2023.

Removal of citizens from accommodation: grounds, conditions, procedure in 2023

The right to live in an apartment or house is not always granted, and only on the grounds established by federal law is to be removed, and a court order is required for such a procedure to be carried out.

Basic norms

The procedure for the eviction of citizens from apartments and homes is a stumbling block among all housing issues, and it is important to determine which premises fall under the concept of "accommodation", and it is customary to include premises suitable for the permanent residence of natural persons.

Article 16 of the Criminal Code establishes the following types of objects:

• Housing units and parts thereof;
• Separate apartments in multi-family houses and parts thereof;
• Rooms in houses or apartments.

The owner must be the owner of the accommodation.

• Individual citizens;
• Organizations;
• Municipal education;
• State.

The removal of citizens from the accommodation is a set of measures aimed at preventing further entry into and residence in the premises of some natural persons, which may be accompanied by compulsory removal from registration.

What are the grounds for eviction?

The Russian citizen ' s right to housing is enshrined in article 40 of the Constitution of the Russian Federation. According to the Basic Law, it is unreasonable to deprive a person of housing.All permissible reasons for such acts are strictly regulated and set out in the Criminal Code of the Russian Federation:

• The Special Commission recognizes housing as an emergency;
• The housing or land on which it is built shall be transferred to the property of the State;
• Non-payment of LKS for a long period of time (at least six months in a row);
• The living space is not used for its direct purpose (e.g. as a non-residential facility where a store, sauna, etc. is opened);
• Deliberate destruction of important building structures;
• Failure to pay rents if they are used under a social employment contract;
• The period of use of the premises reserved for legal contracts is over;
• The owner of the house has officially changed;
• Residents have a strong anti-social lifestyle, which significantly impairs the quality of living in other persons ' premises;
• Citizens are kept in unsanitary conditions, which affects the quality of housing and the standard of living of others;
• Residents violate the rights of third parties (for example, in the Russian Federation, there are precedents for evictions from the apartment for loud listening to music).

No matter what the reasons, decisions on the question of eviction are taken only by the courts, without which any removal from the premises is illegal.

How Residents Are Evicted

The types of eviction from municipal housing are set out in article 84 of the Code of Criminal Procedure:

• With the provision of a new housing facility that is no less well-equipped, it is subject to a social employment contract.
• With the provision of other accommodations, with a social employment contract.
• Not providing other accommodation during eviction.

Although these types refer to the eviction of citizens who have entered into social contracts, they are also used by judges when deciding on the eviction of citizens who have entered into other employment contracts (for example, specialized ones).

According to case law, employers are most often evicted with other accommodation, but this is not always the case; for example, after a marriage with an employer, the former spouse may be evicted without providing a home.

The most common causes of eviction in this category are:

• Non-payment of money to LCU.
• A way of life characterized as immoral if it worsens the quality of life of other citizens.

The following may be the plaintiff when applying for eviction:

• Municipal entities owned by the premises;
• Neighbors in the apartment building;
• Ex-family.

If the plaintiff is not the owner of the premises, the latter ' s presence in the eviction proceedings is necessary.

How Owners Can Evict

If a citizen is the owner of a dwelling, it is very difficult, but it is possible, for example, if the object is considered to be an emergency or the State plans to take it (or the land on which it is installed) into the property, the home is bought or a new place is provided in return.

At the same time, State institutions are obliged to comply with a number of conditions.You can't just evict a person to any room suitable for living. It must be located in the same locality where there was an old dwelling, with similar or improved characteristics.

The court ' s options for decisions on the removal of owners depend largely on the situation; for example, they may evict from privatized dwellings without the provision of a different dwelling, but only if the court considers the outcome of the privatization to be illegal.

Can You Evict From a Mortgage Home

Special mention should be made of housing purchased on mortgage loans; if the loan is paid, then the eviction of the owner becomes difficult.

If the housing is still in the bank's deposit, the eviction becomes quite real when there is a substantial debt, and each case is individual.

Above all, the terms of the loan contract should be applied.

The judge cannot rule on the issue of eviction and the recovery of housing debts without agreement with the representatives of the bank and, in some cases, with municipal structures.

In practice, it is either not, or it is used for a different purpose.

As a result, there are a large number of evictions from mortgage apartments for debts: in this situation, the bank sells the housing, the proceeds are covered by the debt, and the balance is returned to the beneficiaries of the mortgage.

The situation would be different if part of the debt for the dwelling was paid out of the funds of the mother ' s capital, in which case the bank is not entitled to bid, and the situation is decided without the eviction of citizens.

How to Evict Unregistered Persons

The most simple procedure is to evict a citizen from his or her residence if he or she is not registered; in most cases, this procedure does not require even judicial intervention; it is sufficient to file a complaint with the police.

However, the staff of the Ministry of Internal Affairs may not resolve all the controversial issues of such a plan; for example, if the person subject to eviction is dependent on the owner of the apartment or the former owner and does not have a home of his or her own, only the judicial authority can resolve the matter.

Even after the dissolution of the marriage with the owner of the dwelling and the refusal to register there again, it will not be possible to evict a citizen in any way.

The judge, by his decision, will give a period of time (not more than six months) to resolve the housing problem for the person to be evicted.

A citizen has the right to use another person ' s living quarters for the entire period specified in the court decision.

Is it possible to evict a citizen with registration

There are often conflicting views on the legal portals regarding the eviction of citizens with a propiska, some of whom argue that this is not possible, others, and that the procedure is easy to implement.

In reality, such development was permissible only if there were certain factors and required judicial intervention.

The process of eviction and deregistration will be facilitated if the new owner is willing to provide new accommodation to the tenants; it is not possible to evict the registered citizens without it.

How do you get a baby out of the apartment?

The most difficult procedure is the removal of minor children from their homes, which will require the written consent of the guardianship and guardianship authorities and will not be granted unless the child is guaranteed a home that does not give up on the characteristics of the person in which he or she lives.

When a child is divorced, it is not lawful for a parent to leave his or her home if he or she does not have his or her own equivalent, and the minor is allowed to live in a dwelling until the age of 18, and the parent with whom the child remains at the disposal of the court acquires his or her right of residence.

How are you evicted from a service home?

A service dwelling is available to citizens for a limited period of time; it ends either on a specific date specified in the contract or at the time of termination of the employment contract between the tenant and the owner of the dwelling.

The expulsion is simple: it is sufficient for the interested party to submit to the court a contract specifying the time limit; however, there are exceptions to this rule.The following categories of citizens are not subject to eviction from official housing:

• Persons who have retired upon reaching the specified age;
• Citizens of 1 or 2 categories of disability;
• Members of the employer ' s family of the service dwelling, if they have died while in service;
• Children under age and deprived of parental care.

The judicial practice in eviction cases is varied; every citizen subject to forced removal from a residence has the right to appeal to the courts and to defend his or her interests; in this regard, it is important to have recourse to an experienced professional lawyer.

Free consultation.If you have any questions, please feel free to ask their lawyer online chat on the right, in the form below, or on the hotline 8-800-350-84-21.

Legal grounds for eviction from housing

Eviction is a procedure for depriving a citizen of the right to live in a particular dwelling; different categories of citizens, including owners, may be subject to eviction; of course, it is more difficult to evict the owner of the premises than the employer, but on certain grounds it is possible to do so.

A person may be deprived of his or her residence if a court order has been issued, and the court is guided by the laws and regulations in force in deciding on such matters.

Legislative framework

The main documents regulating the grounds for eviction in 2023 are articles 84, 85, 90 and 91 of the Criminal Code of the Russian Federation.

Articles of the Civil Code regulate the rules of acquisition as well as termination of ownership of immovable property.

Grounds for eviction

There are different grounds for eviction, and any one of them prohibits the continued use of a particular room, which means that residents are subsequently deprived of the right to live in real estate.

If there is an eviction order from the court, the OFMS may remove citizens from the register.

The general grounds for eviction from a dwelling and the provision of other housing include:

• Relocation of premises to a non-residential fund;
• Transfer of housing to a religious organization;
• Recognition by an expert housing commission as an emergency;
• The removal of the site by the State for its own use;
• To ignore the payment of public utilities for a period of six months without reasonable justification.

From a privatized apartment

There is a need for strong grounds for the expulsion of a citizen from privatized housing:

• If a citizen has become a former member of the family and the premises have been privatized by the other party before the marriage, it is worth providing a divorce certificate to the court as proof of this fact.
• Non-payment by the Communal, non-participation in housing.
• General grounds - demolition of the house, removal of housing for public coercion, etc.

From municipal

What may be the grounds for eviction from the municipality ' s housing, in addition to the general:

• Damage to real estate;
• Regular violation of the rights of neighbours, supported by evidence;
• Exploited housing, for example, for business purposes;
• Conducting unauthorized reconfigurations.

Under social employment contract

Some citizens live in the premises on the basis of social security contracts and usually enter such dwellings on the basis of a housing order; the tenants of such premises have the right to reside in them, but they are not entitled to dispose of them at their discretion.

From such properties, tenants may be evicted on general grounds - demolition of the house, relocation of the facility to a non-residential stock, the need for major repairs, which makes it impossible to continue living, etc.

Owner

It is not easy for the owner to leave the home, but only through a judicial procedure, and any person whose rights are violated by a citizen during his or her residence is entitled to lodge a claim for eviction.

The owner may be evicted on general grounds, for example, in the event of a systematic failure to pay the commune, or if the dwelling is considered to be an emergency.

What other reasons can there be for initiating the eviction of the owner:

• Regular violation of the rights of other citizens living in the same house;
• The operation of the apartment wasn't meant to be.

From the student dormitory.

There are three main reasons for eviction from student dormitory:

• Failure to comply with established standards of residence;
• Maintenance of the premises provided for an improper purpose;
• In the event of damage to the living area.

If students ' dormitories are demolished, students are required to provide other improved accommodation.

From the service home

Service accommodation includes real estate provided to staff members most often for the duration of the employment contract with the firm or during travel.

Further information on the grounds for granting such housing to citizens can be found in article 93 of the Russian Housing Code.

Another article of the Russian Criminal Code, number 103, contains grounds for the expulsion of citizens from official housing; such persons may be evicted on general grounds or on the grounds of termination or termination of the employment contract.

Without the provision of accommodation

In the case of eviction, there is no alternative housing available to citizens in the following situations:

1. If the residents regularly violate the rights of their neighbours and after warning do not remedy the violation, such cases may include noise at an irregular time, unhygienic practices and inappropriate behaviour.
2. When parents are not allowed to continue living with the child for depriving them of their parental rights because of the danger to the child ' s life and health.
3. It is not intended for the employer to use the dwelling.
4. If the citizens have taken up the living quarters in self-righteous fashion.
5. In the event of unauthorized re-engineering and refusal to return the premises, the original form, in which case, on the basis of a decision of the court, the apartment shall be sold in public; the proceeds shall be deducted from the funds spent on the organization of the tender and the balance shall be transferred to the former owner of the real estate.

Who's not allowed to evict?

At the legislative level, the circumstances in which eviction is prohibited are as follows:

1. If the dwelling is the only dwelling in a person ' s home (exclude - mortgage apartments because they can be sold).
2. Residents are orphans and have been provided with housing through State programmes.
3. Resident pensioner.
4. Living relatives of civil servants who have lost their lives in the line of duty.
5. Residents are members of the family of a deceased employee who has received housing during his or her working life.
6. There is a disabled person living in the premises who has been disabled by the fault of his or her employer.
7. Resident citizens who have refused to participate in privatization in favour of others.
8. Juveniles registered in the premises.
9. A person who had been deprived of his or her liberty had previously lived in the premises; such a citizen had the right to restore his or her propiska after his or her release.
10. The tenant entered into a life-long rent agreement.
11. There was a citizen who had previously been found missing or dead by the court, but then appeared.

Mode of action

The manner in which evictions are carried out may vary according to the particular situation:

1. Voluntary eviction: In this case, the owner of the premises and the employer terminates the contract, after which the citizen releases the dwelling and is then removed from the register.
2. Exit is possible only on the basis of a court decision; first, the tenant is notified of the eviction; then, after receiving the relevant judicial decision, he must leave the home within the prescribed time limit; if the citizen refuses to leave the residence, the law enforcement authorities take the initiative to evict him.

Recourse to the courts

The interested party may apply to the court for an eviction of a citizen at a specific address, which will require the preparation of a statement of claim.

This document can be drawn up on its own, using a model of action, and a lawyer can assist in the processing of the claim.

Submission of a claim

The claim shall contain the following information:

• Data on the plaintiff and the defendant;
• The subject matter of the dispute;
• The plaintiff ' s claims;
• - witness statements, if necessary.

The court is required to rule within five days on the admission of the claim and the commencement of the proceedings.

A sample of a claim for eviction from an apartment here.

Other documents

The following documentation shall be attached to the claim:

• The right-setting documents for the dwelling - if the owner makes the claim;
• Declaration to the Housing Inspectorate;
• a bill for payment of the mistress.

The list of documents may vary according to the particular situation. The greater the evidentiary base, the easier it will be for the plaintiff to win the trial.

Judgement of the Court

Depending on the circumstances, the court may render both a favourable and a negative decision on the claim.

If an eviction order has been issued, the defendant may be given a certain period of time during which he may still live in an apartment and find new housing.

Time frame

The Russian Federation does not have specific time limits on the basis of the Code of Criminal Procedure, which must take place in cases of eviction; however, as a rule, reasonable time limits are set aside for consideration.

If the court delays the decision, the parties may request that the trial be expedited, and if the judge is replaced, the length of the trial should not be extended.

Judicial practice

There is extensive jurisprudence in cases of eviction of tenants from premises.

Any interested person may file an application with the court, but the most frequent plaintiffs in the court are:

• Real estate owners wishing to remove registered citizens who actually reside elsewhere from their premises.
• Tenants of premises who wish to obtain removal from registration and withdrawal of the right to operate the former spouses ' homes.

In some cases, however, the plaintiffs lose the case, as an example of which is the decision of a court in Kirov, and the plaintiff in this case was a professional school, which filed a complaint for the eviction of a citizen for the payment of public utility payments.

The plaintiff in this case lost the case because the court took into account the arguments that the defendant was a pensioner, paid part of the debt and had no other home.

Judicial practice is that claims for eviction for community debts are extremely rare, because citizens are obliged to provide new housing in a smaller area.

In this regard, however, there are also positive court decisions on the plaintiffs ' allegations.
In the Orlov district, for example, a tenant of an apartment who had accumulated a debt of 14,000 rubles for the payment of public utilities had been evicted by a court order; in return, he had been provided with new housing in a smaller area.

The case law on eviction is presented here.

In a video on the grounds for eviction from housing

Attention!

• Because of frequent changes in legislation, information sometimes becomes obsolete faster than we can keep it up to date on the website.
• All cases are very individual and depend on many factors, and basic information does not guarantee that your problems will be solved.

That's why you have 24/7 expert consultants working for you!

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The Protocol ' s Council: the grounds and manner of eviction from an apartment

Let's start with the good news: "propiska" doesn't give us the right to own property, and let's continue with the bad news: "deposit" does not mean that a person has lost his or her right to use his or her place of residence; the bad news is that the provisions of the land law are very outdated: the termination of the family relationship with the owner of the dwelling does not deprive him or her of the right to use the premises, and the eviction process is not the easiest in the legal sense; for example, it is impossible to remove a person from the registration without recognizing him or her as having lost the right to use the premises.

• But evictions are still possible, so the Protocol's Legal Resource offers advice on how to recognize a person as having lost the right to use a dwelling, removal from registration and eviction.
•         Withdrawal from registration
• In accordance with article 7 of the Act on freedom of movement and free choice of residence in Ukraine, removal from the registration of residence (simplification) is carried out on the basis of:
• - Statements by a person or his or her legal representative;
• - Death certificates;
• - In the case of a person ' s residence or stay in a specialized social institution, establishment of social services and social protection;
• - A court decision that has entered into force on the deprivation of the right of ownership of the dwelling or the right to use the dwelling, on the eviction, on the recognition of the person as missing or on the death of the person.

It should be recalled that article 43 of the Civil Code of Ukraine states that a natural person may be declared missing if, within one year, there is no indication of his or her whereabouts at his or her place of permanent residence.

Remember that a person's absence is only judicially possible, and you can also consult the legal resource "Protocol" on the background and legal consequences of declaring a person dead.

According to article 46 of the Ukrainian Civil Code, a natural person may be declared dead by a court if he or she has not been in his or her place of permanent residence for three years and if he or she has disappeared in circumstances which threaten to die or give cause to believe that he or she will die from an accident within six months and if he or she may be presumed to have died as a result of an accident or other circumstances resulting from an emergency of a man-made or natural nature within one month of the conclusion of the work of the special commissions. A natural person who has disappeared in connection with a military action may be declared dead by a court after two years from the end of hostilities. In the specific circumstances of the case, the court may declare that a natural person has died before the expiration of that period, but not before the expiration of six months.

In other words, the withdrawal of registration is voluntary or compulsory, and it is possible to enforce it only through a court of law, on the following grounds:

No right of residence

With the consent of the owner of the house or apartment, a member of his family has the right to place other family members in his or her home and no consent is required for the parents of their minor children.

That is, if the owner has not granted permission to house other family members, such as the son-in-law, such a person has no right of residence.

Sometimes the former owners or family members of the former owner do not wish to leave the dwelling, but the loss of ownership implies the loss of the right of residence.

1. Thus, if there is no right of residence, if the settlement has taken place illegally or if there has been a violation of the established order of settlement of family members, this is grounds for eviction.
2. Loss of right to use a dwelling
3. In accordance with article 405 of the Civil Code, a member of the family of the owner of the dwelling loses the right to use the dwelling in the absence of a family member without valid reasons for more than one year, unless otherwise agreed between them and the owner of the dwelling or the law.

• Forced eviction
• In accordance with article 156 of the Ukrainian SSR Housing Code, members of the family of the owner of the dwelling(s), who live with him in the house(s) which he owns, shall use the dwelling on an equal basis with the owner of the house(s), unless they have agreed otherwise on the manner in which the premises are to be used.
• But if relatives have settled on the owner's head and are unwilling to leave, it is worth remembering that forced eviction is also possible.

The expulsion of citizens without the provision of another accommodation is possible only on the basis of article 116 of the Ukrainian SSR Housing Code, namely, if a family member systematically destroys or destroys a dwelling, or misuses it, or makes it impossible for others to live in the same apartment or house in a systematic violation of the rules of living together, and the measures of prevention and social influence are in vain, he or she may be evicted without the provision of another room for residence. Remember that the facts listed above need to be confirmed by evidence before the court.

As we can see, evicting a relative isn't that easy, at the very least, because your "don't want" needs to be explained by concrete facts.

Therefore, people often resort to a scheme for the formal sale of an apartment to a trusted person and subsequent eviction through a court of law of undesirable tenants.

You can also look at the material of the legal resource of use." WC/CC: Yaksho Nabuta's apartment on legal grounds, the buyer of Ma's right to hang the luxurious in the mornings, in which case the number of members with a salesman, without having been given to an international living place (VC/CC, No. 638/13030/13, vs. 25 LP 2018).

A person may be "described" voluntarily or forcibly; if he is forced to do so, only through a court of law by filing an application.

In the claim, it is worth asking not only to withdraw the registration, but also to recognize the person as having lost the right to use the accommodation.

At a minimum, documents must be attached to the claim, which confirms the right of ownership of the dwelling, as well as documents proving that there are grounds for a person to be declared as having lost the right to use the dwelling.

Given the outdated norms of the Ukrainian SSR Housing Code, it is not easy to protect its square meters, but on the legal resource "Protocol" you will always be able to find a professional lawyer who will help find a legal solution in all the meanings of the word.

Model claim for eviction of illegal residents

• Housing legislation regulates eviction from a dwelling.
• If the tenant does not want to leave voluntarily, the owner has the right to file a claim for eviction.
• It's the only legitimate way to get rid of annoying tenants who break home rules.
• How can an eviction claim be drawn up, depending on the situation?
• After reading our article, will you learn where to file an eviction claim, what to say in the contents, and how much is it worth?
• Specially for you, we have prepared up-to-date models of eviction claims for 2023.

It is built by the owner in the person of the local administration, and the rest of the tenants – such as the neighbors of the municipal apartment in the house – can report violations.

The breach of the terms of the social employment contract results in the forced eviction of the registered person; if the tenants refuse to leave voluntarily, the owner shall file a complaint with the court.

The Administration warns the tenants of the early termination of the contract at least three months before the date indicated (p. Recent developments and updated information in the article "Removal of citizens from the accommodation under the social employment contract".

The lack of registration makes it illegal to find tenants in the apartment.

A claim for eviction of illegal residents – a sample

1. Consequently, if people live in a municipal apartment without a social employment contract, the executor has the right to evict them in court.
2. Other housing is not available because the tenants were not originally included in the social employment contract and thus were not considered to be a poor category of citizens.
3. The difference between previous legal relations and ownership is that of a natural person.

A dwelling may be owned under a contract of sale, inheritance, gift, exchange, etc.

• Consider how judicial eviction takes place: There are a number of grounds in which the owner may deprive the tenants of the right to live in the apartment: of course, if a person has a permit in the apartment, he or she will not be evicted.
• However, in the case of serious housing grounds, it is possible to evict – without the provision of a new housing facility.
• You can find out the nuances and procedure from the article "Exiting a person who is not a proprietor without his or her consent. "
• The opposite category is self-inflicted (illicitly resident) in an apartment.
• They have no propiska, which means they have no right to live in the apartment either.
• If the illegal residents do not wish to leave voluntarily, as the owner wishes, the latter will sue for eviction.
• Judicial practice has a few examples where the owners themselves have been subject to eviction.

In order to deprive a person of a roof over his head, a good reason is needed: failure to pay for a YWCA for more than six months, improper use of housing, damage to neighbours (art.

The claim is filed on behalf of the housing authority.

Neighbors can file a collective complaint with the EVI or the local administration. It's practically no different from the usual eviction claim. For example, the community debt is irrelevant here – the private sector is not served by the managing company.

1. Read how a person can be discharged from a private home if he refuses to register?
2. Mortgage housing is secured by a credit institution.
3. A mortgage debt may result in the borrower losing an apartment.
4. The bank's interests are defended by its representative, a man from the organization's legal department.
5. There are many examples of judicial practice in which banks have sued debtors for non-payment.

A model for an eviction action against illegal residents — xejol

Judicial practice has a few examples where the owners themselves have been subject to eviction.

In order to deprive a person of a roof over his head, a good reason is needed: failure to pay for a YWCA for more than six months, improper use of housing, damage to neighbours (art.

The claim is filed on behalf of the housing authority.

Neighbors can file a collective complaint with the EVI or the local administration. It's practically no different from the usual eviction claim. For example, the community debt is irrelevant here – the private sector is not served by the managing company.

Read how a person can be discharged from a private home if he refuses to register?

• Mortgage housing is secured by a credit institution.
• A mortgage debt may result in the borrower losing an apartment.
• The bank's interests are defended by its representative, a man from the organization's legal department.
• There are many examples of judicial practice in which banks have sued debtors for non-payment.

Deportation of illegal residents

1. Hence the high rate of success in such cases.
2. For more information on nuances, documents, and legal loopholes, see our article "Exit from a Mortgage Home. "
3. Separate housing from a specialized fund is provided to citizens in connection with their work.
4. The duration of the employment contract is defined by the period of the employment relationship.
5. Immediately upon dismissal or reduction, the employee is obliged to release the residence and return it to the organization.
6. A separate instruction on this subject can be found in the article "Exitation from the Service Accommodation Room. "
7. The authorities may file an action against them: the inability to resolve the matter by mutual agreement brings the owner before the court.
8. The question is, how is it possible to file a lawsuit so that the court doesn't have any questions?
9. The content of the eviction claim in 2023: The common error is the filing of the claim in a single copy on behalf of the complainant.

In fact, at least three copies of the statement will be required of the plaintiff, according to the number of participants in the court hearings (art.

It is not possible to assess the claim for property dispute.

Therefore, the general rule of calculation of the government is 300 rubles for filing an action for removal from registration and removal from the apartment, which is usually placed on the website of the court; the plaintiff or his representative refers to the office of the city or district court.

In addition, information can be found on a stand in the district court building and the address of the court can be found on a map of the locality.

Please note that citizens ' statements are accepted at strictly reserved hours.

For example, Moscow's judges accept citizens' petitions before — on Sundays, Saturdays, and Sundays — weekends.

The special feature of filing an action is that it is verified by the clerk of the district or city court, but if you choose to entrust the trial to another person, you will need to visit the notary and draw up two documents: a direct action of attorneyship.

• The court ' s review of the claim takes place within five working days.
• Thereafter, the Secretary shall issue notifications to the designated addresses of the parties to the proceedings.
• The first hearings are scheduled within a month.
• Thus, the statement of claim is an official request to the court to resolve the housing dispute within the framework of the law.

The model for the eviction of illegal residents is YouTube.

1. The plaintiff is the owner of the dwelling and, in the event of the eviction of the owner of the dwelling, the local government.
2. The information presented in the claim contains the data of the court, the plaintiff, the defendant, as well as the grounds for the coercive measures against the offenders.
3. Utilities are growing every year, especially in the last two years of the economic crisis.
4. Approximately 33 per cent of Russians fail to pay for water, heat and light in full, resulting in debt being dug up and fines imposed.
5. Given the increasing size of the country ' s total debt, the recovery of debts for public utilities has recently become increasingly the subject of judicial proceedings.
6. While a few years ago debtors became defendants only in extreme cases, with a clear reluctance to pay off the substantial debts accumulated over the years, utilities are now increasingly resorting to the courts after six months of non-payment, and in some cases three months are sufficient.
7. You can read here about how to collect the LHC fees.
8. Before resorting to the courts and obtaining enforcement action, almost always the managing company, the TCA or suppliers take an exhaustive amount of measures to repay: in most cases, these measures are in effect and the owners actually repay the debt.

However, there are always tenants who, in principle, do not pay for their housing costs, believing that utilities are not working effectively, the manager spends money for the wrong purpose, etc.

• Such citizens are subject to a judicial procedure for the recovery of arrears in the payment of public services, which may be a court order or a decision on a claim.
• The plaintiff is the owner of the dwelling and, in the event of the eviction of the owner of the dwelling, the local government.
• The information presented in the claim contains the data of the court, the plaintiff, the defendant, as well as the grounds for the coercive measures against the offenders.
• Utilities are growing every year, especially in the last two years of the economic crisis.
• Approximately 33 per cent of Russians fail to pay for water, heat and light in full, resulting in debt being dug up and fines imposed.
• Given the increasing size of the country ' s total debt, the recovery of debts for public utilities has recently become increasingly the subject of judicial proceedings.
• While a few years ago debtors became defendants only in extreme cases, with a clear reluctance to pay off the substantial debts accumulated over the years, utilities are now increasingly resorting to the courts after six months of non-payment, and in some cases three months are sufficient.
• You can read here about how to collect the LHC fees.
• Before resorting to the courts and obtaining enforcement action, almost always the managing company, the TCA or suppliers take an exhaustive amount of measures to repay: in most cases, these measures are in effect and the owners actually repay the debt.

However, there are always tenants who, in principle, do not pay for their housing costs, believing that utilities are not working effectively, the manager spends money for the wrong purpose, etc.

Such citizens are subject to a judicial procedure for the recovery of arrears in the payment of public services, which may be a court order or a decision on a claim.