Eviction of citizens from residential premises: grounds, procedure

The eviction of citizens from residential premises requires the implementation of a certain number of legal procedures, for example, such as contacting the police, preparing and filing claims in court, and others. The owner of a residential premises has the right to initiate such a procedure on the basis of his right to own, use and dispose of living space at his own discretion. However, the powers of the owner are not unlimited; they may be limited by the right to use the residential premises by other citizens. The grounds for eviction of citizens are regulated by Art. 84-85 and 90-91 of the Housing Code of the Russian Federation, while civil law regulates the procedure for acquiring and terminating ownership of apartments and houses. The procedure for eviction, as well as confiscation of property, is regulated by the Federal Law on Enforcement Proceedings.

Important! Eviction of citizens is possible both with the provision of comfortable housing and without alternative housing provision.

Grounds for eviction of citizens

Any eviction involves termination of the right to use the residential premises of a certain citizen or several citizens. Such actions entail a ban on these citizens from:

penetration into a residential premises;
permanent presence in this living space for the purpose of residence.

In addition, during eviction, demands may be submitted to the court to remove a citizen from permanent or temporary registration, while a citizen can be evicted only after he has lost the right to use the residential premises. A citizen may be evicted with the provision of another housing if:

the apartment building is recognized as unsafe and unsuitable for habitation;
the living space is transferred to a religious organization;
the dwelling is subject to transfer to non-residential premises;
the land plot on which the residential property is located is subject to seizure for state or municipal needs;
when citizens do not pay for utility services for 6 months without a good reason.

Without providing other housing, citizens are evicted:

in case of systematic violation of the rights of neighbors - unsanitary conditions, excessively active behavior at night, etc.;
if the tenant and/or members of his family living with him use the residential premises for other purposes;
if the parents are deprived of parental rights and their cohabitation with the child is impossible due to a threat to the health and life of the minor.

In addition, the current law provides grounds for eviction of citizens in case of illegal redevelopment of residential premises. In this situation, the municipality issues an order to eliminate the offense and sets a specific deadline for its execution. If a citizen does not want to restore the housing to its previous condition voluntarily, local authorities go to court for the forced seizure of the residential premises and sell them at public auction. The proceeds are transferred to the former owner minus the amount spent on organizing the auction.

✅ Requirements for the housing provided

An exhaustive list of requirements for comfortable housing is contained in paragraph 1 of Art. 89 of the Housing Code of the Russian Federation, as well as in a number of local regulations. For example, Moscow Law No. 22 of January 15, 2003 (Moscow and Moscow region).

So, the provided residential premises according to the standards:

It must be well-maintained - in other words, meet housing and sanitary and hygienic standards in the region. If a family lived in a poorly equipped dwelling, the authorities are obliged to move them to a comfortable dwelling.
Technically equipped - no problems with communications, engineering communication nodes, heating and access to important parts of the house.
Similar to the previous one in terms of square footage - the tenant and his family members have the right to claim housing no smaller in area than it was before the eviction. If people occupied two rooms, the administration is obliged to provide them with 2-room social housing. If this is not possible, two different rooms will be provided.
It is occupied by persons of the same sex , and if the opposite is allowed, only with the consent of the residents themselves (Clause 1, Article 58 of the Housing Code of the Russian Federation). The exception is spouses who are officially married.
The maximum excess area per person is no more than twice . The main condition is that one of the residents is a chronically ill family member (Clause 2, Article 58 of the Housing Code of the Russian Federation).

The decision issued by the court must contain a clause on the provision of other residential premises. The exact address of the new apartment or room is indicated. The resettlement of the tenant and his family occurs with payment of compensation.

How does eviction from certain categories of residential premises occur?

Such a procedure necessarily requires a trial and an appropriate court decision. Direct enforcement proceedings are initiated on the basis of a writ of execution received after a court decision.

Eviction from the apartment

It is imperative to take into account the legal status of the owner of the residential premises. Thus, citizens have the right to evict persons illegally residing there from an apartment, but difficulty arises when we are talking about eviction of tenants who paid for their accommodation but did not enter into a rental agreement for residential premises. The fact is that many owners are afraid to contact law enforcement agencies due to the fact that they may be held responsible for illegal business. With an existing commercial lease agreement, the situation is simplified; the co-owner can initiate the eviction of tenants on the basis of Article 687 of the Civil Code of the Russian Federation. In particular, the owner has the right to demand the eviction of the tenant in court if the latter does not pay rent for the apartment within 6 months for a long-term rental or 2 times in a row for a short-term rental. You can also evict tenants from an apartment if it is established that they have damaged the living space.

Important! During the consideration of the case, the court may decide to postpone the eviction of citizens for up to 1 year and give them the opportunity to “rehabilitate”.

Eviction from residential premises.

According to the law, residential premises are premises suitable for permanent residence of citizens - this is an apartment, a room in a dormitory, a room in a communal apartment, a private house, rooms in a social housing stock.

Important! Citizens who have not reached the age of majority have the right to use privatized and municipal housing even after the divorce of their parents.

Eviction from the hostel.

As you know, accommodation in municipal hostels is carried out on the basis of a social tenancy agreement. At the same time, the owners of privatized rooms are more insured against eviction, since they have the right to dispose of their property at their own discretion. In general, citizens can be evicted from a hostel due to non-compliance with a social tenancy agreement:

when the residential premises are used for other purposes;
when the fact of deliberate damage to living space has been established.

Important! When a dormitory is demolished, homeowners are entitled to other comfortable housing, which is allocated based on their minimum standard of living space per person established by local governments.

Eviction from a land plot.

When citizens are evicted from a land plot, in particular when it is withdrawn for municipal or state needs, the owner is provided with compensation equivalent to the lost housing or another comfortable house. In this case, an agreement on the provision of other housing with the owner must be reached before eviction.

Important! The municipality has the right to initiate the procedure for eviction of citizens from a private house, which is located on a plot of land being confiscated, no later than 1 year from the date of the decision to confiscate this plot.

✅ Who can't be evicted?

Preferential categories of citizens of our country have a special approach to eviction. They cannot be accommodated in hostels from the municipal fund. In return for abandoned housing, comfortable living quarters are provided under the same conditions as before (clause 2 of article 103 of the Housing Code of the Russian Federation).

Any rules prohibit the following persons from being evicted without providing other housing:

family of military personnel, officials, employees of law enforcement agencies, if the breadwinner died (went missing) while performing military or civilian service;
people of retirement age;
family members of the tenant with whom a contract for service or other rental housing was concluded;
who received a disability of the first or second degree as a result of work activity due to the fault of the employer (for example, a violation of TB);
families of orphans and orphans themselves;
women in the status of “single mother” if they have a difficult financial situation.

The above categories of citizens are not subject to eviction from official and/or other housing. An exception is resettlement from a house that is in disrepair and unsuitable for habitation. This circumstance obliges the authorities to provide benefit categories with new comfortable living space.

Read, in what cases are people evicted without providing another living space?

Details are below.

Notice of eviction

This document contains a requirement to vacate the premises within a certain period of time on a voluntary basis. The eviction notice must include:

information about the debtor;
the court's decision;
full name of the executive document;
data on the living space where the citizen should be evicted.

Important! The notification may precede the statement of claim if the plaintiff wishes to resolve the conflict out of court.

Statement of claim to court

A statement of claim for eviction, a sample of which you can find on our website, is filed in accordance with Articles 131 and 132 of the Code of Civil Procedure of the Russian Federation. The claim must contain information about the parties to the proceeding, the substance of the dispute and the requirements of the parties. The document can indicate specific witnesses who will need to be questioned during the trial. The court must make a decision to accept the statement of claim for proceedings within 5 days from the date the document is received by the office. All documents held by the parties must be attached to the statement of claim; their list includes:

certificate of ownership and other title documents;
application to law enforcement agencies and housing inspection;
receipt for payment of state duty.

In addition, the parties have the right to submit written evidence when considering the case on the merits and to file motions to obtain evidence through the court.

Judgment in eviction cases

As stated earlier, a court decision in eviction cases must be carefully reasoned and based solely on the evidence that was provided by the parties during the trial. The court decision must contain:

introductory part - information about the parties to the court session is indicated;
descriptive part – directly reveals the essence of the dispute;
motivational part – contains the facts that the court was able to establish;
operative part – indicates the court decision to evict citizens or to refuse to satisfy the plaintiff’s demands.

Deadlines for making a decision

The Civil Procedure Code of the Russian Federation does not indicate specific deadlines for making a court decision in cases of eviction of citizens from residential premises, however, it contains the rule that cases must be considered within a reasonable time. If the time for consideration of the case is delayed, the parties have the right to apply to the chairman of the court with an application to accelerate the time for consideration of the case. At the same time, replacing a judge when considering a case on the merits cannot be a basis for extending the trial period.

Important! The statement of claim is considered no later than 5 days from the date of receipt by the court. In his ruling, the judge indicates what actions must be taken to speed up legal proceedings.

✅ Judicial practice

A special feature of judicial eviction is a thorough study of the current situation. Judges look at the property status of the residents, the technical equipment of the apartment, standards for one person, the degree of deterioration of the house, etc.

Some judicial nuances:

The owner of the residential premises must find and prepare the characteristics of the new housing into which he plans to move the tenant - the court will study the situation and only then approve it with its seal.
The courts oblige the authorities to provide residents of dilapidated houses with temporary housing from the emergency fund - this is due to the fact that litigation drags on for six months in advance, and people may be left without a roof over their heads (Article 106 of the Housing Code of the Russian Federation).
An important document for the court is the inspection report of the residential premises by housing inspectors.

Example:

The Housing Inspectorate filed a lawsuit to evict the residents from the municipal apartment with the provision of other comfortable housing.
It turned out that the tenants were on the verge of a housing disaster: an old house, dilapidated structures, daily problems with communication, worn-out engineering components, non-working elevators, and sometimes broken windows in the entrance. Despite the deplorable situation, the administration ignored the complaints of employers. The “inspections” did not yield any results: the authorities stated that the house was not in disrepair, but dilapidated (70% deteriorated), and it was still possible to live in it. A meeting of residents contacted the housing inspectorate, and as a result of the inspection, the fact that the building was in disrepair was revealed. The plaintiff demands to provide the residents with comfortable housing instead of the unsafe one. Having considered the evidence, the court decided to satisfy the claims of the housing inspection. What decision was made by the court: to oblige the administration to demolish the house and resettle the residents into new apartments with conditions no worse than the current ones. 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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