Home / Housing disputes / Eviction of students from the dormitory
When entering a university, nonresident students look for a place to live during their studies. The overwhelming number of students move into student dormitories. This is preceded by the conclusion of a rental agreement with the owner of the campus. Student buildings are temporary accommodations - sometimes students are asked to move out of their residence halls early. Is this procedure justified and what is needed to evict a student? We will talk about this in our article today.
You can also read, “How does eviction from a hostel occur under the new Housing Code?”
✅ Can a student be evicted from the dormitory?
Legislative regulation of the issue of student dormitories is reflected in Art. 39 Federal Law No. 273 “On Education”. As soon as a student is enrolled in an educational institution, he can request to be provided with living quarters in the form of a room. University buildings are located within the city where the university is located.
Accommodation of students is subject to the Hostel Charter. It can be found on a separate stand. Eviction from a student dormitory under the new housing code usually occurs due to a violation of internal regulations .
There are three conditions under which a student can be evicted from the dormitory:
- Written statement from the student himself.
- Early dismissal from a higher educational institution (order of the rector).
- A court decision that has entered into legal force.
As you can see, the eviction of a student can be either voluntary or forced. The second case is regulated by the provisions of Art. 91 of the Housing Code of the Russian Federation - by the way, the courts also appeal to it in their decisions.
Housing Code
Deprivation of living space in dormitories is possible by court decision or order of the prosecutor's office. Residents are subject to the same rules of law as when occupying premises in municipal or state buildings or private real estate on the basis of Article 103 of the Housing Code of the Russian Federation.
The conditions for eviction depend on the time of provision of housing for use. If this happened before the RF Housing Code came into force on March 1, 2005, then the requirements of the new legislation do not apply to the relationship.
Under the old law, housing was provided by decision of the administration or enterprise that had the housing stock at its disposal. Based on this, the municipality issued a warrant to occupy the area. The right to use appeared with the permission of the trade union committee and when actual occupancy was established. For example, it is now practiced only to conclude contracts for the provision of housing for social rent.
According to Article 109 of the Housing Code of the Russian Federation, rooms in a dormitory are intended for accommodation of students, workers, employees, officials, students and students. According to Article 110 of the Housing Code of the Russian Federation, it is possible to evict citizens whose labor relations have been terminated on any basis established by labor legislation.
✅ Why can a student be evicted from the dormitory?
Repeated violation of the Charter may result in eviction. Situations are different, so each case needs to be assessed.
Grounds for eviction from student dormitory:
- inappropriate use of premises (creation of a warehouse, retail outlet);
- damage to property (damage to walls, floors, baseboards, etc.);
- a student’s written refusal to register in the dormitory;
- creating unbearable living conditions for other students;
- debt for utilities for a period of more than 3 months;
- living at a different address for 2 months or longer;
- appearing in a hostel under the influence of alcohol or drugs;
- storage of prohibited substances, weapons, explosives, toxic waste;
- expulsion from the university;
- completion of training in connection with obtaining a certificate.
These rules are included in the Charter of any hostel. This is the main requirement of the Ministry of Education and Science (according to Letter No. 1276/12-16). The final decision on the resettlement of students is made by the administration of the educational institution.
Resettlement after quarantine in St. Petersburg
Some students were quarantined in the dormitory. So, at Northwestern State Medical University named after. Mechnikov on March 4 sent about 700 residents of one of the hostels to a two-week quarantine. On that day, the first case of coronavirus infection was detected in St. Petersburg. The infection was diagnosed in a student from Italy; yesterday he was discharged from the Botkin hospital.
“In essence, this is an unprecedented case since the post-war period,” university rector Sergei Sayganov told the St. Petersburg Diary publication. According to him, the university’s experience will be reflected in methodological recommendations and educational cycles that will help other educational institutions organize anti-epidemic measures.
The university group on VKontakte published a post with the results of the quarantine, in which they thank the volunteers and food and hygiene products delivery services that sent all this to the dormitory.
In student groups you can find different opinions about the event: some are outraged by the poor quality of the food they were fed during quarantine, while others praise its organization. “You turned this quarantine into a prison hunger strike, although the majority of the students living there are healthy and did nothing to deserve this,” writes user Serafim Boyarsky. “The Nice are starving: pizzas, muffins, and some cereals - and everything between breakfast and lunch, are you serious? You won't be getting into doors any time soon, what are you talking about? I volunteer here, we don’t have time to eat ourselves before we deliver everything to you - I have breakfast at night, lol,” another user answered him.
The quarantine ended on Tuesday, March 17, and on the same day students were resettled and the building was disinfected. Students moved to rented apartments, with friends or relatives. For those who could not make it, the university promised to provide other dormitories.
Currently, nine patients with coronavirus have been identified in St. Petersburg, two of them have recovered.
Image caption
Disinfection in the dormitory building
✅ Rules and procedure for eviction of students
The procedure is carried out on the basis of an order from the rector of a higher educational institution. Sometimes the deputy rector has the right to sign the document.
Full list of relationships approved by the order:
- termination of the social tenancy agreement;
- expulsion of a student from a university;
- eviction of a student for personal reasons;
- completion of studies at an educational institution.
Expert opinion
Semyon Frolov
Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.
Please note that eviction from the hostel is a last resort. It is unacceptable to deprive a student of the right to reside if he has violated the Charter for the first time. Usually in such cases a verbal warning is issued. Repeated violation is punishable by a severe reprimand or fine. And only the third time the administration has the right to evict the student from the dormitory. True, an individual approach applies here too. Example 1
The first group of students gathered in the evening in the dormitory room. The fun grew into a disco, loud music, screams and laughter. Hearing about the noise on the second floor, the commandant went up to the room and quickly restored order. The students were given a verbal warning about the inadmissibility of such events within the dormitory walls. For a repeated violation, the commandant threatened with a fine and problems in the rector’s office. It didn't even get as far as eviction from the student dormitory.
Example 2
The second group of students started a racket against the freshmen. Senior comrades secretly extorted valuables and money from the new arrivals. Those who did not want to part with their property were humiliated in every possible way and even beaten right in their rooms. Soon the commandant became aware of the outrageous cases. She interviewed the victims and reported to the administration. The hooligans were summoned to a commission, where a social educator and police representatives were already present. Previously, rowdies were observed for other offenses - drinking alcohol, smoking in the dormitory, nightlife and damage to property - reprimands and fines did not help. The question arose about expulsion from the university for numerous violations of the Charter and order. The hooligans were registered with the police, and the rector signed an order to evict them from the hostel.
✅ What should a student do?
No matter how long the training is, eventually it comes to an end. Students living in the dormitory will be asked to vacate their rooms. But what if conflicts arise with the administration?
The expiration of the tenancy agreement is not a reason to evict from the student dormitory. If a student continues his studies, then no one will kick him out. It is necessary to conclude a new lease agreement on the same terms as the previous one.
Typically, the extension is carried out automatically - no later than three months before the expiration of the old lease agreement (Article 684 of the Civil Code of the Russian Federation). If the administration refuses, you can write a complaint and then go to court. The claim will be to restore the right to live in the building for students.
Residents' responsibilities
According to housing legislation, every citizen living in an apartment building, regardless of the form of ownership of his home, is obliged to fulfill the following requirements:
- use residential premises for their intended purpose;
- prevent destruction and damage to the building and surrounding objects;
- handle common property with care;
- not to cause disturbance to neighbors, not to violate the rights of neighbors to recreation and privacy;
- do not violate fire safety rules and comply with sanitary standards.
The following requirements are required for residents:
- maintaining housing in proper condition;
- payment for accommodation within the terms specified in the contract;
- performing routine repairs to your premises.
✅ How to evict a neighbor from a dorm room?
Having dealt with the eviction by decision of the administration, we move on to the issue of the evacuation of some students on the initiative of others. Often this is the only option to get rid of annoying rowdies. You will have to act through the courts, so you need to adhere to strict rules.
