Eviction from official residential premises - procedure, circle of persons not subject to eviction

There are many companies and organizations that, in caring for their employees, offer them not only guaranteed social packages, but also provide office premises for living. They are convenient because their cost is very budgetary, compared to rented apartments from private owners, and consists mainly of paying for utilities.

Such premises are provided exclusively to working citizens, and upon dismissal, eviction from official housing occurs.

Living in office premises implies concluding a rental agreement with the landlord and strictly observing the rules prescribed in it. In this case, the lease agreement may be terminated for other reasons not related to dismissal.

Purpose of official housing

A service area is an area that belongs by right of ownership to an organization or enterprise and is provided to its employees for temporary residence.

Article 99 of the Housing Code regulates that occupancy in such premises is carried out solely by the decision of the owner of the property or at the will of a person authorized by the owner. To obtain official housing, you must be employed at the enterprise and apply to the administration for housing space.

Service rooms or apartments are issued with the aim of providing the employee of the organization and his family members with square meters. This allows the employee to perform his duties efficiently, and to solve the housing issue on a global scale gradually. The allocated premises must be equipped with everything necessary for living and meet established sanitary standards. The property can be used by residents strictly for its intended purpose, that is, exclusively for living.

Documentation

When contacting the department to cancel your registration, in addition to the application, you must provide the following documents:

passport of the discharging citizen;
certificate of registration of ownership, if simultaneous registration is carried out.

If minors are being discharged, it is necessary to provide their birth certificates (passports), as well as the identity card of the legal representative.

You can learn more about the documents that may be required for discharge if there are any “non-standard” circumstances from this article.

Legal basis

The provision of official housing has been practiced in the Russian Federation for a long time. On the one hand, the employer is not obliged to solve the personal problems of his employees, but on the other hand, such privileges attract people aimed at long-term cooperation to the team.

The legal side of this issue is regulated by the legislative norms of the Russian Federation, in particular, the Housing and Civil Code. In addition, when deciding to provide housing, the enterprise administration is obliged to conclude a rental agreement with the employee. This procedure is established by Article 100 of the RF Housing Code. The rental agreement specifies the rights and obligations of both parties - the landlord and the tenant, and also specifies the conditions for moving in, living, and paying for the allocated living space. In most cases, it does not stipulate specific deadlines for the eviction of tenants, but it must be indicated that the premises are allocated exclusively for employees of the organization.

The tenancy agreement is the main document for the parties to determine their rights, obligations and living conditions. It is based on legislative norms and cannot contradict them. When an employee leaves his job, the agreement ends, but in some cases he can count on continued housing support from the company.

Who will have to pay the rent?

In the case of an extract from an apartment, the situation with debts is regulated as follows :

In a municipal apartment, residents are jointly and severally liable for the rent, and the debt accrued on the apartment will remain with the tenant who checks out until it is repaid (but it can also be repaid by other residents of the apartment).
Extract from the property in the property retains the debt of the owner or owners - you will not be able to evade your debts.
If there is a transaction for the purchase and sale of an apartment, the buyer must be notified about the debts and he can be offered to accept the apartment with the debt, otherwise the debt may become an obstacle to completing the transaction. If the buyer agrees to accept the apartment with the debt, the debt is automatically transferred to him.

Find out when it is possible to evict a municipal apartment for debt!

Attention: a purchase and sale transaction is the only way to transfer responsibility for debts to another person, while you can check out of the apartment with debts in advance, and then add a clause in the contract for the purchase and sale of housing, where no one is already registered, to transfer the debt to buyer.

Grounds for eviction

Eviction is a complex and multi-step procedure.

To evict a tenant, serious grounds will be needed, and the landlord, who is the initiator of such a procedure, must provide documentary evidence of the voiced claims.

The following reasons may be grounds for eviction:

Expiration of the tenancy agreement, if it specified a specific date for termination of the relationship.
Acquisition by the tenant of his own housing. Please note that not all square meters can be a reason to terminate your stay. The acquired property must be equal to or exceed the conditions of the official property.
Termination of employment relations at the request of the employee, employer or agreement of the parties.
Violation of the conditions for the operation of residential property established in the rental agreement and legislative acts of the Russian Federation. The reason may be damage caused to official property or illegal actions of a person or members of his family.
The presence of arrears in payment of utility bills for a period of six months or more.
Using living space for other than its intended purpose, for example, organizing commercial activities there or storing something.
Disturbing the peace of other residents living in the neighborhood. This does not mean a one-time conflict, but regularly performed actions of this nature.

You can evict a person based on the stated reasons voluntarily or forcibly.

Procedure

The eviction procedure directly depends on what became the basis for making such a decision, as well as the reaction of the tenant himself. Of course, the most convenient option for the landlord is voluntary eviction. This term refers to the process when the tenant himself collects his belongings and moves out of the office premises within a specified period. In principle, this behavior is not uncommon, especially if the reason for eviction was the purchase of one’s own home.

The voluntary procedure can take place in several stages if the parties are still able to resolve the situation peacefully. The eviction process might look like this:

The tenant is notified of the need to vacate the occupied square meters. In some cases, such messages are conveyed orally, but often the employer puts his request in writing, in the form of an official letter.
After receiving the notice, the employee is obliged to vacate the premises within the period established by the employer.

The employee may request an extension of the stay by a few days or weeks. If the employer considers the request justified and decides to accommodate the tenant, the period may be slightly extended.

Judicial order

The tenant’s reluctance to move out of the service living space leads to the landlord taking measures to resolve the current situation. Forced eviction is carried out exclusively through the courts. The organization is obliged to file a statement of claim with the court asking for a decision to expel the tenant. Documents confirming the grounds expressed in the application are attached to the claim.

You can go to court only after measures have been taken to peacefully resolve the conflict.

The court considers the filed claim, the documents attached to it, as well as the arguments of the parties. Based on all received and confirmed facts, a decision on the case is made. Satisfying the plaintiff's demands triggers the further eviction process.

The defendant can defend himself and his rights in court. To do this, he has the right to submit additional documents to confirm the illegality of the lessor’s actions. He can also challenge the court's decision in higher authorities.

Application for discharge

The application is drawn up in Form No. 6. The application form is issued and filled out directly upon admission. However, information on the form can be entered before the appointment. The application should indicate:

— name of the authority controlling the movement;

— full name of the applicant (information about children under 14 years of age is indicated with mandatory reference to the parents);

— information about the document being submitted that serves as an identification document (if a passport, then the series and number, by whom and when issued, department code).

— the new address where the individual’s place of residence is located;

— the address from which the individual is checking out;

Execution of a court decision

The decision made by the court does not give the landlord the right to immediately evict the tenant with his own hand. In fact, from the moment the verdict comes into force, the resident loses the legal right to continue living in the premises, but it is illegal to expel him on his own, so the final part of the procedure should also be carried out according to the law.

The tenant’s refusal to voluntarily move out of the living space, even after receiving a court decision to evict, allows the organization to resort to the following steps:

The resolution is submitted to the territorial registration authority to remove the citizen from registration.
The decision is transferred to the bailiff service, which initiates enforcement proceedings to put the decision into effect.

The first part of the procedure is quick and painless, but the second takes time and can drag on even if the actions taken are legal. The bailiffs themselves once again notify the defendant of the need to move out of the official living space. Lack of response from the tenant prompts them to set a date for forced eviction. On the appointed day, a bailiff arrives at the specified address and involves representatives of law enforcement agencies in the process. Representatives of the owner can also participate in the eviction. The actions of the bailiffs consist of clearing the premises of the tenant’s and his personal belongings.

Step-by-step instruction

Let's look at the discharge procedure if there is debt and how long this process takes.

You can apply for an extract to the following responsible state authorities. and mun. organs :

Subdivision of the Department of Internal Affairs of the Ministry of Internal Affairs at the registration address or at a new place of residence immediately for deregistration and registration at a new place;
Through MFC.
Through the State Services portal and then to the Department of Internal Affairs of the Ministry of Internal Affairs.

We talked about how, even if you are in another city, you can make an extract through the MFC and State Services.

Required documents for discharge:

Passport – remains in the Department of Internal Affairs of the Ministry of Internal Affairs for the period of the procedure (deregistration and new registration).
Documentation that certifies ownership of your apartment (extract from the Unified State Register of Real Estate from 2021), a lease agreement when renting an apartment or a contract.
social hiring for moving into an apartment from the municipal housing stock. If registration is not taking place in your own apartment, all owners/tenants of the living space must be present, give consent and provide ownership and identification documents.
Application for registration or deregistration. accounting, these are two segments of the general form number 6 according to the state. sample.
Statements of consent to registration from the owners in case of moving into someone else's living space.

The algorithm for discharge is as follows:

arrive at the passport office or MFC;
fill out an application in the sixth form - the upper part indicating the new place of registration and the lower part indicating deregistration at the place of registration;
hand over to the employee of the institution a package of related documents, including a passport;
receive an identification receipt instead of a passport at the time of registration of the extract (and registration, if it is immediately carried out);
wait for the documents to be verified and deregistration to take place.

Help: it is possible to register “to nowhere”; to do this, any address, even one not planned for residence, is written in the registration application. With this form of discharge, the procedure takes place in three days, and in the end the citizen receives a departure slip. If registration takes place immediately at a new place of residence, the procedure takes from 14 to 30 days.

After discharge, you are issued either a departure slip and a passport indicating the deregistration, or a passport with a new permanent registration.

As you can see, even in order to voluntarily check out of the apartment, you must follow a certain procedure. When it is necessary to discharge another person, but he is absent or does not give his consent, certain questions may arise. The following publications will help you understand some of them:

Is it possible and how to discharge a person without his consent if I am the owner of the apartment?
Can the owner be evicted from the apartment without his consent?
How to remove a person from an apartment without his presence or personal consent and how legal is such an eviction?
How to discharge a person who does not live in the apartment and does not pay for it?
Is it possible to discharge a disabled person from an apartment without his consent?
How to deregister a non-owner of an apartment without his consent?
What is the correct way to discharge a person who is in prison from an apartment?
How to discharge your ex-spouse without her consent and what to do if you have a child?

Eviction with provision of alternative housing

The term eviction does not always mean expelling a person to an unknown destination. There are many cases when it is simply impossible to evict a tenant. But this does not mean that the owner of the premises cannot demand to vacate the provided living space. When it comes to certain categories of citizens, the employer, even if he is a former one, is obliged to provide them with other housing. That is, eviction occurs from one dwelling to another.

When providing other housing, it should be taken into account that it must comply with established standards and requirements.

In accordance with the articles of the Housing Code of the Russian Federation, other real estate must be:

Located within the same locality as the office premises.
Comply with sanitary, hygienic, fire and other standards in force in the Russian Federation.
Have area indicators no less than the previous premises.
Well-maintained.

If replacement is not possible, then the tenant and his family members, including a minor child, cannot be evicted.

Categories of citizens

Eviction with the provision of other living space is mandatory in cases where we are talking about the following categories of citizens:

Pensioners who have retired due to age. People in old age are protected by law.
Relatives of military personnel or employees of other law enforcement agencies who died in the performance of their direct duties.
Family members of workers who died as a result of an accident at work or due to an occupational disease.
Employees who have worked in the organization for more than 10 years and have lived in the office premises all this time.
Citizens with disabilities if their cause was injuries received at work.
Retrenched workers from a liquidated enterprise.

Among other things, it is impossible to take away an apartment if an employee leaves a position that actually guaranteed him the privilege of housing, but works as before at the same enterprise.

Features and nuances

Privatized housing

To extract debts from a privatized apartment in your property, you must take into account the following nuances :

an apartment with debts may be seized by bailiffs, which again will not prevent the owner from registering or checking out of it, but may prevent the property from being rented out, sold, or used for commercial purposes;
a seized apartment, which was purchased with a mortgage or is not the owner’s only real estate, after all residents have left it, can be sold to pay off debts (the balance of the proceeds will be returned to the owner);
if you manage to sell the apartment before the arrest, you can check out of it without having the next place of registration, at your own request or at the request of the new owner, while the debt may remain with the seller if this clause was not included in the purchase and sale agreement;
if the documents during the sale of the home did not clearly indicate the amount of debt, the encumbrance for payment will become a problem for the new owner (and his interest is to ensure that the documentation is completed correctly).

Arbitrage practice

The Pechenga District Court of the Murmansk Region considered a claim from the Ministry of Defense against one of the former military personnel. In the statement of claim, the plaintiff insisted on the forced eviction of the defendant. The request was based on the fact that the specified citizen received accommodation for the duration of his service under a contract. Due to the fact that he interrupted his service ahead of schedule, the Ministry of Defense demands that the provided official living space be vacated.

The defendant did not appear in court and did not provide evidence that he has a contractual relationship with the Ministry of Defense and performs the duties of a military serviceman. Based on all of the above, the court found no reason to extend the defendant’s residence in the specified premises. There is also no reason to provide him with a different living space. The court ruled to satisfy the plaintiff's claim.

Partially stated demands were nevertheless rejected, namely in terms of deregistration of the citizen. The reason is that the termination of registration is carried out on the basis of a court decision on forced eviction. It is not worth stating such demands in a claim, since the court cannot make these decisions.

Decision of December 29, 2021 in case No. 2-720/2017

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✅ Legal assistance

An apartment burdened with debt brings a lot of inconvenience, ranging from proceedings with the management company (HOA) to refusal to register. The information discussed above is general. It is far from certain that your case fits into the standard framework. It is quite possible that you cannot do without the opinion of an experienced lawyer from the outside. Otherwise, you risk aggravating the debt situation and incurring eviction through the court.

Lawyers on our portal provide free online consultations.
Specialists will listen to your problem and prepare a legal opinion. By contacting a lawyer, you will find a reliable ally in him. Timely consultation will help you get out of a difficult housing situation with dignity. Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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