Forced eviction from an apartment by court order: procedure, time frame, procedure

It is worth noting that the court is, in principle, the only authority that has the right to expel someone from the apartment.

Grounds

In order to evict a person from his or her own apartment, there must be very serious reasons. Eviction by a court order is not a case in which a matter can be resolved in just a few days. The owner usually has to break the law for at least one year.

• The apartment is not used for its own purpose.
• The owner violates the rights of his neighbors.
• It is illegal to own a flat.
• The apartment was remodeled and not officially registered.

In the case of eviction, the owner may be compensated or given new housing; without any compensation, people who for a very long time do not pay for public services are usually evicted; hard-core non-payers are usually charged with citizens who have more than six months ' debt.

The only way to get out of an apartment for non-payment of public utilities is through a court of law, although practice shows that this is very rare and that it will be very difficult to obtain such a decision, and that those who are evicted must move to another apartment or pay compensation, which makes the case even more difficult.

What's forced eviction?

Forbidden is the period of time for which the owner will be required to release his property and animals; normally a period of time rather than a week is provided for the release of the dwelling; and if you do not have the right to leave the dwelling, then if you do not have the right to leave the dwelling, then you will not have the right to leave the dwelling; and if you do not have the right to leave the dwelling, then you will have the right to leave the dwelling; and if you do not have the right to leave the dwelling, then you will not have the right to leave the dwelling; and if you do not have the right to leave the dwelling, then you will not have the right to leave the dwelling; and if you do not have the right to leave it; and if you do not have the right to do so, then you will not be obliged to do so; and if you do not have the right to do so; and if you do not know what you wish to do; and if you do not know what you do not know about it; and if you do not know what you do not know about it; and if you do not know what you do not know what you do what you do not know what you do not know; and what you do not know what you do not know what you do not know; and what you do not know what you do not know what you do not know what you do not know for what you do not know; and what you do not know for what you do not know what you do what you do not know about what you do not know.

The most common thing is forced eviction from an apartment because no one wants to do it voluntarily, especially those who have violated the rights of their neighbors and have been making noises, and most of the time, they're not gonna be able to stay in an apartment illegally for a very long time.

Recourse to the courts

If a person is to be evicted from the apartment, he must be brought before a court of law, because without it the case cannot even begin.

• First of all, the plaintiff must file an application with the court, in which he describes in detail why a citizen must be expelled from the apartment, and the application must be accompanied by evidence that a person has violated Russian law on a regular basis.
• The defendant is a citizen who lives in the apartment.
• The Court will carefully consider all the claims and the evidence provided, after which it will render its judgement.

The decision to evict residents from their own apartments has proved to be extremely rare, and the tenant must systematically violate the rules and receive regular complaints.

If, for example, your neighbors made one noise at night, it will certainly not be possible to evict them.

If this happens on a regular basis and the police come to your address on a regular basis, you can count on the eviction of your neighbors.

Statement of claim

The most important thing for you to go to court is a properly written statement of claim. Without this document, you can't even start a case. That's why you need to be very careful about filling in the application so that you don't get it back and you don't get rejected in court. If you want to be 100% sure that it's going to end the way you need to, you need to get help from a professional lawyer.

All the details about writing such a statement can be found in articles 131 to 136 of the Code of Civil Procedure, and you can also find an example of a statement of claim on the Internet, which will greatly facilitate your task.

Method of eviction

A court hearing on the eviction of citizens from apartments is held in public, i.e. all persons who wish to attend the hearing may be present, the plaintiff and the defendant must attend the hearing and the legal profession may be present if they have been hired.

It should be noted that the judgement can be challenged, but it gives a very short period of one to six months, depending on the court in which your case was heard.

A citizen who is to be evicted from an apartment must be given a notice stating:

• Time limits required for the release of the premises.
• The offer to move out of the apartment is voluntary.
• All necessary information on the judgement.

Judicial practice

Very often, courts are faced with difficult situations where it is difficult to make the right decision, for example, to prove that the tenant regularly fails to pay for public utilities easily enough, because it is not difficult to prepare all the necessary documents, but to prove that your neighbors are constantly making noise, but that does not mean that it is impossible to do so. You must record every violation and call the police. You must also find witnesses who can confirm this fact.

Moreover, the defendant always had the opportunity to challenge the court ' s decision or postpone the execution of the decision itself, and in some cases it was also very difficult to ensure that a citizen actually left the apartment.

It's important to get out of the apartment, not only the owner of the dwelling, but also the employers of municipal or public housing, in which case the same rules apply.

In any case, the eviction must be done as fairly as possible and with minimal property losses; there is a great likelihood that a citizen who is evicted will simply remain outside because you cannot find a new home.

The court should provide for all these nuances in advance, especially if there are minors living in the apartment, but it is not necessary to think that if you live with a small child, you cannot be evicted from the apartment even if you have not paid for public services for two years.

Any violation of the law must be punished, and that must be taken into account.

Eviction without housing

In some cases, a replacement may not be granted in the case of eviction; such situations are described in great detail in the Housing Code of the Russian Federation:

• Citizens used the apartment for the wrong reason. For example, if a remodel has been made, which may eventually endanger the lives of neighbours, it is because citizens sometimes tear down walls that are carrying, which may eventually lead to a collapse, and sometimes balconies that are not allowed to make them. Such actions may lead to the eviction of the owner without compensation and the provision of replacement housing.
• A systematic violation of the rights of neighbours, usually because citizens make noises at night, it requires proof that the noise actually happened.

A citizen who has been ordered by a court to evict an apartment must leave the dwelling area within two months.

Even if a citizen does not leave the apartment immediately, and it takes a long time, he may be released without his consent, which is entirely legal, but there may be problems with the forced discharge of children, because it can only be done through the guardianship authorities.

The procedure for eviction from an apartment by court order, as you have seen from this article, is very difficult: it is problematic to have a person evicted from his apartment, even if he regularly violates the law.

Citizens are most likely to move to other apartments, but, as stated above, evictions may occur without the provision of replacement housing and compensation.

This is usually the case with very vicious offenders who can harm other tenants in the home by their behaviour, in which case all decisions must be taken as quickly as possible and without delay.

Court-ordered eviction from an apartment

Key grounds for recourse to the courts for eviction of the tenant

A claim for forced eviction from a dwelling is made by management organizations in the situations referred to in the regulations of article 90 of the Russian Housing Code:

If the payment is not paid for more than six months, the individual is subject to penalties.

Earmarking centres, CMWs or CCs have the right to sign a deferred payment contract with the non-payer.

An eviction application is an emergency measure, and once a court has taken a positive decision, citizens living in isolated municipal premises must be evicted to dormitories.

The provisions of article 91 of the Russian Code of Housing describe the grounds for judicial action to evict violators of the law without additional provision of other accommodation:

If persons are using an apartment for a non-target purpose,	For example, they perform unauthorized alterations, deliberate damage to walls.
A discharge without alternative accommodation is permissible in the event of a regular violation of the rights of the occupants of the home	Noisy behaviour late in the day and the creation of unsanitary conditions, and prior to judicial action, law enforcement officials are visited in the premises of the offender.

Loss of actual residence is permissible in accordance with the provisions of article 103 of the Code of Criminal Procedure:

Public servants and other Russian citizens may be evicted from service-type apartments in the event of dismissal from the relevant authorities

Except for situations in which ownership of the premises was obtained, for example through privatization.

The norms of article 133 of the Russian Housing Code describe the basic grounds for the discharge of a member of a housing cooperative:

A person who has not acquired ownership of a cooperative dwelling undertakes to leave the apartment voluntarily for a period of two months,

the period is calculated from the time the owners of the cooperative request to leave the illegally occupied premises.

During the eviction, the rules of Chapter No. 35 of the Russian Civil Code are taken into account.

In accordance with the requirements of the owner, the agreement may be terminated if the residents:

Deliberately causing damage to property	Tenant ' s accommodation;
do not pay for real estate	At least six months within the agreed time frame.

Method of eviction from premises through court

A court order must be issued within two months of the date of the admission of the application, pursuant to article 210 of the Code of Civil Procedure of the Russian Federation.

Release procedure

The compulsory removal of tenants from the register without their knowledge is permitted solely by a judicial decision, with clear compliance with the provisions of Chapter 5 of Government Regulation No. 713, dated 17 July 1995.

At the same time, the release of minors is carried out with the obligation to involve the guardianship and guardianship authorities in the proceedings.

How to evict an unwritten person from an apartment can be found in the article: An eviction from an unwritten person's apartment.

Specific features of forced deprivation of accommodation

The removal of the owner from privatized real estate is possible in a situation where the tenant has another well-established dwelling.

In addition, court cases may start against former family members.

For example, the fourth paragraph of article 31 of the Code notes the right of the former spouse to stay in his or her place of residence after the dissolution of the marriage.

• This is permitted only by a court order, and in the event of a lack of funds for the purchase and rental of other accommodation.
• In addition, the court may order the defendant to provide the children, the former spouse, with accommodation, up to the need to hire or purchase a new dwelling.
• The legislative note suggests that such obligations are appropriate if the defendant regularly pays child support.
• Those who do not wish to leave the apartment voluntarily may be forced to leave the apartment.

A claim shall also be filed in the event of the owner ' s disagreement with the purchase value of the property subject to subsequent seizure in accordance with the provisions set out in article 32, paragraphs 9 to 10, of the Russian Housing Code.

The local authorities may, however, initiate judicial proceedings within two years of the approval of the order for the removal of the dwelling in favour of the municipality or the State.

Judicial recourse

The complainant makes a claim in accordance with the rules, the procedure of departmental jurisdiction and territorial jurisdiction.

The application must be submitted to the district court, the place of residence of the defendant's person.

As a rule, pre-trial work is carried out with notice of the need for payment of the WCF debt and other documentation.

List of required documents

The judicial authority should be provided with:

Notary power of attorney,	If the applicant acts through a representative;
Document confirming payment of the Minister ' s office	In the amount described in article 333.24 of the Tax Code of the Russian Federation;
Evidence of significant legal nuances	For example, a court order to terminate a marriage, a statement to the police, a birth certificate for children;
Law-making documents,	Written information on housing: wills, agreements, certificates, etc.

It is important that the documentation be prepared according to the number of participants in the trial.

Preparation of a lawsuit

This document must be submitted in accordance with the provisions of article 131 of the Code of Civil Procedure.

It is necessary to specify:

1. Name of court.
2. Information about the applicant, the defendant, the third person.
3. The value of the application, if the compulsory discharge procedure involves financial claims – for example, reimbursement of the owner's cost of repairing the damaged dwelling.

The claim must describe in detail the facts, the circumstances of the dispute.

It is best to refer to legislation, provisions of agreements, etc.

The statement of claim must be followed by a clear statement of personal requirements, a description of the list of documents attached, and must be signed by the claimant or his or her authorized person.

The judicial authority shall, within five days of the submission of the complaint to the judicial office, undertake to bring it before the court or to render another decision, in accordance with the provisions of article 133-135 of the Criminal Code of the Russian Federation.

Enforcement by bailiffs

In the event of a discharge, the rules of the Enforcement Act are complied with.

This means that the bailiff opens an executive case and then invites a representative of the conflicting party to the interview.

In parallel, time limits are set for voluntary departure from the non-payer's residence together with his/her property (up to five days, FZ article 107).

In the event of the failure of the measures described, the bailiff renews the notice to the person being evicted and orders an enforcement fee of 7 per cent of the amount of the damage suffered or the plaintiff ' s claimed claim.

An eviction certificate is being issued, as well as an inventory of property, which may be deposited for up to two months.

However, if the non-payer is not in a hurry to collect it upon expiry of the term, the property shall be sold by public tender.

While the funds received, apart from the amount of the costs of enforcing the order, are returned to the owner.

Procedure and procedure for eviction from an apartment by court order in 2023

The law does not normally allow for the deprivation of rights to housing; however, in certain situations, whether caused by or without the tenants themselves, this is possible.
How the eviction takes place in court, how the process is conducted and how it is conducted, will be discussed further.

Grounds for eviction

The Constitution and the Housing Code state that no person shall be deprived of his or her home for any reason, and that everyone shall have the right to enjoy his or her dwelling freely; therefore, no one shall be arbitrarily restricted or deprived of his or her housing.

However, the law has established cases in which eviction is still possible, mainly in the case of dwellings hired.

In such a case, recourse to the court may be made if the owner has not responded to the warning given in that regard.

Other cases of loss of access to housing are provided for in the Russian Federation ' s LKR. These include:

• Loss of right of residence after divorce;
• Recognition that children and parents deprived of their rights cannot live together;
• Long-term non-payment of LKS;
• Lack of legal rights to live in premises;
• Uneconomic treatment of the premises leading to its destruction;
• Systematic violation of the rights of neighbours;
• Misuse of housing;
• The removal of the premises due to the removal of land under it;
• Recognition of housing as inadequate;
• To convert him to non-residential status.

Court-ordered eviction from an apartment

According to the general rule, if the tenant commits any irregularity, he or she must be forcibly evicted through the courts.

This cannot be done in an arbitrary manner; first, the person(s) concerned should be invited to voluntarily release the premises they occupy.

If no response has been received or no response has been received, judicial proceedings may be initiated.

Initially, the eviction claim and the evidence to justify it must be prepared.The documents must be drafted and submitted in accordance with the requirements of the Code of Procedure, and the extent to which they are literate and justified depends to a large extent on the success of the entire case.

Such cases should be taken very seriously, since the constitutional right to housing was denied; in some cases, special bodies and third parties might be required to participate in the process; for example, the interests of minors were to be taken care of by the guardianship authorities.

The process of judicial eviction may take a long time; first, it is necessary to wait for the decision to be rendered by the court and its entry into force.

If there are no complaints or obstacles on the other hand, this can happen quickly; otherwise, it will not be possible to obtain an executive document for the execution of the decision immediately; once it is received, it is possible to go to the bailiffs to enforce it.

Forced eviction from an apartment

If the tenants do not wish to vacate the premises, only forced eviction is left to them; it can be carried out only if there is a court decision to that effect.

This decision forms the legal basis for the possibility of depriving citizens of their homes; however, the actual execution takes place after its entry into force by bailiffs.

On the basis of an executive document submitted to them, they shall commence their proceedings.

The next step is forced eviction from the apartment: the bailiffs have the right to report to the premises in question and to forcibly remove the occupants from the apartment; the presence of police officers is allowed; and there must be an understanding, an eviction report and an inventory of the available property.

Eviction from municipal housing

In most cases, eviction refers specifically to municipal housing, but it is possible to evict as with or without the provision of other housing (good or not).

Citizens may expect to receive other accommodation in the cases established by article 85 of the Code of Criminal Procedure, including the fact that the premises are unfit for life in them or that they are demolished or transferred to non-residential areas.

In essence, this applies to cases where the tenants themselves have not committed any violations and the eviction takes place in circumstances beyond their control.

Another case is the long (more than six months) non-payment of housing and communal services; in such a situation, the replacement of housing will also be granted, but in accordance with the standards applied in dormitories.

If the tenants commit serious violations of the rules governing the use of their dwelling, they can no longer count on any replacement.

Such violations include:

• Mistreatment of housing causing its destruction;
• It is not used for its intended purpose;
• Violation (exclusion) of neighbour ' s rights and interests.

In addition, no other dwelling will be provided to parents who have been deprived of their rights with respect to their children, and the court may determine that they are not allowed to live together with them.

Recourse to the courts

In many cases, it is only by court order that the premises can be set free, most often because of violations by the employers of the dwelling, as well as by their families; disputes of this kind are dealt with by district courts in the place where the tenants reside; local authorities, neighbours, former spouses and owners of the dwelling may file claims.

You have to prepare yourself well for the court, collect the necessary evidence, file a lawsuit and other documents, and the claim itself must indicate the reason for the eviction, the evidence of its existence.

In addition, it indicates the parties ' particulars, other matters important for its consideration, and also requires the payment of a claim by the Minister of State, and all the documents attached thereto are sent to the court by mail or are brought to its office on reception days and hours, as well as the electronic filing of documents in many courts today.

Documents

In addition to the claim, the court is required to provide other documents, which can be read in full in article 132 of the Code of Civil Procedure (hereinafter referred to as the Code of Civil Procedure).

Some of them are clearly named and relate to due process.

For example, a receipt for payment to the Government, copies of the claim and documents for other persons, a claim, a power of attorney (if signed by the representative).

These may include documents on non-payment of housing and utilities services, reports of irregularities in the use of premises, reports of violations in the area, and orders from fire and sanitation services to correct violations.

Time frame

The process of dealing with such claims was rather complex, and judges were very careful to issue decisions that gave rise to the expulsion of citizens from their homes.

It is difficult to predict the duration of such a process, with no specific time frame set by law, depending on many different circumstances.

These include the scope of the evidence presented and the positions of the parties, and the need to engage others.

In any event, it is not to be expected that the judgement will be delivered quickly; even when it is delivered, the party who is disgruntled with it most often resorts to an appeal procedure, which may take another couple of months to go through all instances; a decision that has already entered into force may be enforced by bailiffs.

Thus, a couple of months to a year may pass before the actual eviction from the apartment.

How to Make a Claim — A Sample

Any application submitted to a court must comply with the requirements of the procedural law and must therefore be made aware of the content of articles 131 and 132 of the Code of Criminal Procedure. In the action, the name of the court, the parties to the dispute, their proprietors, addresses and the circumstances that led to the court ' s appeal must be written down.

The reasons for the required eviction, as well as the evidence supporting its existence, should be clearly stated, and the claim must be clearly stated, and the document must be read, signed by the person concerned.

If it is submitted on behalf of the authorities, it must also be stamped with the signature of the authorized person; if there is a representative of an organ or a citizen, a document of his/her powers shall be attached to the complaint.

An example of its compilation can be seen below.

A model eviction suit.

Judicial practice

It is worth noting that such cases do not fall into the category of simple cases; the eviction proceedings tend to be lengthy and are conducted emotionally with all kinds of objections from the evicted persons.

The courts did not always follow the established practice, depending on the particular circumstances of the dispute, since there was no case law in the Russian Federation; special care should be taken to deal with cases involving minors, and officials of guardianship bodies should be involved.

Whatever the reasons for the eviction referred to in the claim, it is essential to prove that they are available to the court, and in the case of violations of the peace of the neighbours, their rights may not be sufficient for the witnesses to speak and testify, and it is necessary to provide any documents to support the facts, and each individual dispute will be dealt with on a case-by-case basis in the light of the circumstances.

Court-ordered resettlement in 2023 — procedure, deferment, time-limits

It is only through the courts that a person may be expelled from a dwelling that he or she is illegally occupying, and the person concerned, not only physically but also legally, is brought before the courts, and the authorities and municipalities may also apply to the courts.

It does not matter whether the citizen is the owner of the dwelling or the employer, in flagrant violation of the rules and the law, the eviction is enforced.

Grounds

The Civil and Housing Codes set out the procedure for the expulsion of a citizen from his or her living space, and proceedings were heard in accordance with the rules of civil procedure.

In the case of forced eviction:

1. To compensate the citizen.
2. Provide another place of residence according to social standards if the person is entitled to such housing.

The grounds for eviction may be as follows:

• A person uses a property for an improper purpose, such as living in a non-residential place;
• The legitimate rights of neighbours are violated;
• Owning a dwelling is illegal, for example, it was purchased under a fraudulent transaction;
• The apartment was remodeled in a way that was not agreed with the public authorities and led to the collapse of the structures.

Eviction takes place if the court decides to return everything to its original place, according to the plan of the apartment before the remodeling, and the citizen has failed to do so; the bank that has provided the mortgage for its purchase may also take the apartment.

A less difficult case is the settlement of a dwelling in an emergency or to be demolished; in such a situation, even though all the tenants are evicted, they are provided with new housing with the same living conditions and number of rooms as the previous one.

The removal of minor children is possible only if the owner of the dwelling changes, provided that they are placed elsewhere.

Court-ordered eviction procedure

Before proceeding with the eviction of citizens from the accommodation because of the lack of payment of public services, the court must satisfy itself that the delays are not related to:

• A person ' s lack of employment;
• Delay in payment of salary or pension;
• Long-term illness;
• Care for an elderly relative and lack of income during this period;
• Care for minor children.

The eviction is carried out in the presence of duly understood and police officers if the citizen does not wish to voluntarily release the dwelling; he must not only leave himself but also take away all his belongings; further access to the premises is considered closed.

General procedure for the eviction of a citizen from a residence in which he lived under a contract of employment (rent):

1. The parties to the transaction shall sign a notice of termination of the lease; the reason for the termination must be specified.
2. Signature shall be made only in the presence of witnesses.
3. The notice shall specify the period within which the tenant is required to release the accommodation.
4. If the deadline is ignored, the owner of the apartment may file a lawsuit with the court.
5. Within two weeks, in the absence of obstacles, a decision is handed down on the basis of which forced eviction is carried out.

When a citizen is brought before a court, he must prove that his rights have been violated, and as evidence, the neighbors can present a certificate from a local where home visits will be recorded due to heavy noise at night, loud and frequent family scandals, drunken dews.

The following may also be used as evidence:

• Complaints from neighbours on several floors;
• Statements submitted to the police;
• Applications written to the supervisory bodies when the injured residents of the house are approached.

The court shall decide individually in each case, and in order to win, the plaintiff must insist that the decision be made in his or her interest, and the damages and legal costs may be compensated.

If the plaintiff or respondent is not satisfied with the decision, one month within a certain period, an appeal may be filed.

The following documents will be required to apply to the court:

1. Right-making documents for real estate.
2. Documents confirming the relationship between persons living in an apartment, such as a passport marked with a mark, a birth certificate or a marriage registration certificate.
3. The payment of a receipt from the Ministry of State is set out in article 333 of the Code of Criminal Procedure.
4. If the defendant or the plaintiff is a trusted person, the notary must be given a power of attorney with the stamp and signature.

Together with all the documents, the plaintiff provides the statement of claim, which must be drafted in accordance with the basic rules only in the absence of serious errors, the application will be accepted.

Additional documents will also be required:

1. Technical passport for the apartment.
2. If the premises are provided for social employment, a housing order.
3. A copy of the statement for the defendant.

In the claim, the following must be stated:

• The full name of the judicial authority to which the papers are submitted;
• The identity of each of the parties to the dispute, the plaintiff, the respondent and third parties acting as witnesses;
• The value of the claim, provided that the claimant wishes to receive compensation from the defendant for the damage suffered.

Once a decision has been taken, the offender must release the apartment; he may also lodge an appeal against the sentence in accordance with the established procedure.

You can read about the eviction from the service home here.

An appeal may be lodged against both the court decision and the bailiff ' s actions in the execution of the sentence, by filing a complaint with the chief bailiff of the division; all decisions are subject to appeal if they have been handed down by the court of first instance.

In order to appeal against the sentence, it is necessary to apply on a case-by-case basis; this may be done within one month of the judgement being delivered.

Time frame

The application shall be heard by the court within five days; if no error has been found, it shall be deemed admissible and proceedings shall be instituted.

A trial may take up to two to three months.

Consideration is delayed if:

1. There are no key witnesses.
2. The defendant does not appear at the hearing.
3. All documents have not been provided.

In the event of a decision in favour of the plaintiff, the defendant must release the dwelling within 5 days in accordance with article 107 of the Enforcement Act.

Is there a possibility of deferment?

The civil - procedural law provides for the postponement of the eviction of a citizen from his or her living space, and a positive decision on the postponement will be taken only if there are good reasons to do so; the application is filed by the defendants in court.

Grounds that can be used to delay:

• An annual grace may be granted in the event of difficulties in the financial situation of a citizen and his or her family if they are unable to purchase or even rent other housing;
• If the person who is to be evicted from the apartment has a child, a delay may be granted until he or she reaches the age of majority;
• If a citizen has a disease which is treated only with constant medical care, the delay shall be until the moment of recovery;
• The cause of the dispute has been resolved - the person paid the debts for utilities or mortgages, compensated for the damage to neighbours.

Any of the grounds listed is valid and will be taken into account by the court in the examination of the case.

Judicial practice

The Supreme Court of the Russian Federation regularly approves reviews of judicial practice in eviction cases, which are being considered everywhere in all regions of the country.

The Supreme Court ' s ruling found the most complex, contentious situations in which it had been difficult to make a clear decision.

The most common and significant problem encountered in such cases is the need to prove that the plaintiff ' s claims are well founded:

1. It is much easier to prove non-payment of utility charges than to prove a breakdown of public order in a multi-storey house or communal apartment.
2. The enforcement of the sentence is a major problem, as almost all defendants do not wish to voluntarily release the premises, especially if they have lived there for more than one year.
3. How to carry out eviction is the main issue that concerns bailiffs.

Once the judgement has been rendered, the defendant may challenge it by filing an appeal, and there may also be a challenge to the actions of the bailiff.

The decision was often postponed for several months or years if the parties could not reach an agreement, and if the defendant felt that his rights were being violated, he could appeal not only to the higher court in Russia, but also to the European Court, which was based in France and had been established to protect the rights of everyone.

Claims are most often filed against several persons:

1. Employers.
2. Relatives of the defendant living with him in the same territory.
3. Groups of individuals who have settled in a particular territory without any legal basis.

The best way to do this is to try to solve the case in a claim-based manner without bringing it to trial, but agreement is rarely reached, especially in the context of Russia's global housing deficit.

The removal of a citizen from an apartment is a complex process that is only judicially conducted.

1. In reaching a decision, the court must take account of all the facts and resort to extreme measures only in special cases, since eviction in itself is a direct violation of human rights and freedoms, especially if it is the owner of the home.
2. In some cases, police officers were also involved in the eviction of a citizen if the bailiff failed to enforce the sentence.
3. How to evict an ex-husband from a privatized apartment, find out here.
4. The eviction from a non-residential building is described here.

Court-ordered forced eviction from an apartment

There is sometimes a need to evict tenants, relatives or former spouses, but this can be done only after a court decision on eviction has been issued, since article 40 of the Constitution of the Russian Federation does not allow a person to be left homeless for no reason.

In order for the court to satisfy the plaintiff ' s demands, the necessary grounds are required, which are laid down in the Housing and Civil Codes of the Russian Federation.

We will examine them further, but in some cases the eviction process may be difficult and protracted, as it often encounters resistance from those who are evicted.

If you have encountered this or are trying to get expelled from your apartment illegally, you should contact experienced housing lawyers.

Grounds for eviction by court decision

Eviction means the removal from the apartment of persons with their property: belongings, animals, furniture and electrical appliances; the laws allow for forced eviction by court order in several cases:

• Completion of the lease (commercial or social);
• The wish of the owner of the dwelling (e.g. purchase of a dwelling with a registered outsider);
• The long-term absence of a person from the apartment;
• The removal of land from the home in favour of the State;
• Recognition of the home as emergency or demolitionable;
• Debt for paying the commune for more than six months (for municipal housing);
• The use of accommodation as a store or warehouse;
• :: Violations of the rights of neighbours (filtering, establishment of a brothel, immoral lifestyle, noise after 11.00 p.m.);
• Intentional damage to housing (breach of design or property of other owners);
• Dismissal (relevant to service apartments);
• The removal of the spouse after divorce;
• The eviction of one of the parents in the event of deprivation of parental rights;
• The municipality ' s transfer of the dwelling to non-residential status.

Several features of the court-ordered eviction procedure

If there is a court decision to evict the defendant ' s apartment, the entire enforcement process is further monitored by the bailiff ' s services; they receive an executive report from the court and issue an executive order on the basis thereof; without such documents, they do not have the legal right to evict people.

The acts of bailiffs are regulated by Federal Act No. 229 "On execution proceedings", which lays down a clear procedure for the procedure of eviction by court order from the apartment, which can and should be appealed to the courts as soon as possible.

According to articles 85-89 of the Russian Housing Code, when tenants are evicted for reasons independent of them (removal of an old house, emergency housing, removal of land under construction in favour of the State), the authorities are obliged to provide new and equivalent housing in accordance with housing standards.

Debt for rent in a municipal apartment leads to court-ordered eviction with smaller accommodation, while the current debt remains.

If the owner of the dwelling is evicted for debts, the dwelling is sold at auction and some of the proceeds are repaid and the organizational expenses are covered.

The balance is transferred to the owner for purchase of new housing.

The process of eviction by bailiffs in stages

The procedure requires that bailiffs be present at the forced eviction of tenants from the apartment by court order and that two people be present; sometimes the eviction procedure requires the involvement of MES personnel when access to the apartment is not possible due to closed locks.

A man who's being evicted may not even be present at home.

Eviction begins after the court ' s decision in accordance with the procedure regulated by the law, and the executive list is sent to the nearest SBS territorial division (Judiciary Service) to the defendant ' s place of residence.

The bailiffs then study the decision in detail and begin preparations for forced eviction, and enforcement proceedings are under way.

If the defendant does not intend to release the dwelling after five days, the bailiffs will leave with the precinct and two co-defendants at the address.

On-site eviction of the defendant is completed under the signature of witnesses.

The following is a list of the property in the house and the shipment of the defendant's personal belongings for temporary storage if he is unable to transport them himself; the goods are kept by the bailiffs for two months; if the owner does not take away his property during this period, the bailiffs are entitled to dispose of them in accordance with article 107 of the Federal Act of 2 October 2007 No. 229-FZ "On execution proceedings".

When the forced eviction of the owner has been completed, the doors are sealed by a court order; if the tenant or a registered person has been evicted, the keys are handed over to the owner of the dwelling; after all the proceedings, the bailiffs issue orders for the completion of the execution proceedings and transmit them to the court for consultation.

Rights and obligations of bailiffs in eviction

All acts of bailiffs must be carried out in strict accordance with the rules of procedure, and any minor failure to comply with the eviction procedure could lead to an appeal by the defendant and a suspension of the proceedings.

The bailiffs do not have the right to take physical measures against the defendant if the citizen does not commit aggression himself.

A non-aggressive and non-aggressive person may be forcibly removed only by the police, who may be called by the precinct in the event of conflict and dispute.

It is the duty of the bailiffs to present themselves, to show their certificates and to inform the evict of his rights and duties.

Rights of defendants in court eviction

The defendant may expect to be granted a stay of eviction in accordance with article 434 of the Code of Civil Procedure of the Russian Federation. For this purpose, a person who has been evicted by a court order may apply to bailiffs for such a stay.

• Financial difficulties (art. 203 of the Code of Civil Procedure);
• The eviction of a tenant with a minor child;
• The defendant ' s serious illness, where he or she requires constant care and the relocation may aggravate his or her state of health;
• Reconciliation of the parties when the defendant was able to agree with the plaintiff (e.g., he compensated for the property damage or paid part of the rent debt).

To confirm these reasons, salary certificates, receipts, birth certificates for minors, medical certificates, prescriptions and receipts for the purchase of medicines will be required.