Eviction from a hostel under the new housing code

Grounds for eviction from dormitories

Rental agreements always contain clauses on the terms and conditions of residence, according to which the tenant has the right to move out of his own free will at any time, but the owner can forcibly evict him only if he has a court decision in hand.

Legal grounds for eviction are:

1. End of employment relationship.
2. Change of owner of a residential building.
3. Utility bills overdue for six months or more.
4. Frequent complaints from neighbors about residents violating public order.
5. Inappropriate use of living space.
6. Making housing unusable as a result of negligence or intentional actions of its inhabitants.

An employee’s move for permanent residence to another apartment is also one of the grounds for his eviction from a dormitory room, and the day of termination of the tenancy agreement will be considered the day of the person’s actual departure. Therefore, in order not to be left without housing after returning from a long business trip, notify the hostel management in advance about your temporary absence.

Rules for student eviction

If citizens come to study in another city, they are usually allocated rooms in a dormitory for the duration of their studies.

They can be legally evicted only under the following conditions:

• the student himself decides to move out;
• an order is issued to expel the student, so he is automatically evicted from the dormitory;
• there are violations of the rules, but in this case the management of the hostel or educational institution will have to file a lawsuit.

All other grounds will be illegal and therefore cannot be used to expel a student from the room previously allocated to him.

Grounds for eviction without provision of other living quarters

You can evict a person from a hostel “on the street” due to one of the above circumstances at any time, but there are some categories of people to whom the owner of the hostel must provide alternative living space upon eviction.

These categories include:

• military personnel, employees of internal affairs bodies, firefighters, police officers, FSB officers and their families, as well as families of employees of one of these departments killed in the line of duty;
• old age pensioners;
• families of workers killed at work;
• single parents with young children;
• persons living in the room for 10 years or more;
• disabled people of groups 1 and 2 who became disabled due to an industrial injury or during military service.

All these people can only be relocated to other housing, the responsibility for finding which rests with the initiator of the eviction.

Rules for eviction of former spouses

After a divorce, the spouse who is the sole owner of the dorm room can kick out his ex-wife.

The court may refuse such claims if the room does not belong to the person, but was given to him by the employer or is used on the basis of a social tenancy agreement, but in this case the former spouse must be included in the agreement.

The ability of citizens to move to other housing is taken into account, since if there is no other property, then the plaintiff’s chances of a positive decision on the claim are reduced.

Do they have the right to evict a minor from a hostel?

A child registered and living in a dormitory can only be evicted with the consent of a representative of the guardianship authorities. Each case of eviction of a minor must be considered in court and on an individual basis.

The law does not prohibit relocating families with children to housing with worse living conditions, but this can lead to lengthy legal proceedings. In some cases, it is even possible to evict them “out onto the street”, namely:

• upon dismissal of an employee at his own request;
• if you have a large debt for utilities;
• due to damage to the premises;
• due to systematic violation of public order.

But only if people moved into the hostel after 03/01/2005 and the guardianship authorities allowed such eviction.

If the rental agreement was concluded earlier than March 2005, then if there are sufficient grounds for eviction, it is only possible to move the family to another apartment or room.

In general, when considering a case involving minors, judges are allowed not only to be guided by the norms of the law, but also to rely on the actual circumstances of the case, and if there is a choice between justice and legality, in most cases the advantage is on the side of justice.

Therefore, first of all, everything is in the interests of the children; they, along with their parents, are evicted from the hostel “to the street” extremely rarely; almost always the owner is obliged to provide tenants with alternative living space, with the same or better living conditions.

After the court verdict comes into force, residents must voluntarily vacate the premises within a week (or another period determined by the court). If this does not happen, then the eviction is carried out by bailiffs forcibly.

Rules and responsibilities for students living in the dormitory

Every student who receives a place in a dormitory must sign an agreement. This agreement will specify the rights and responsibilities of the student.

If the rights of a student include: residence until the end of studies and use of all equipment in a general dormitory, then there are many more points in the responsibilities.

• All house rules and house rules must be followed. That is, you need to come and leave only at the permitted times. Do not bring strangers to visit, except on parent's day.
• Treat inventory and equipment with care. Use electricity, gas and water economically.
• Always keep the room clean, clean up after yourself in general areas, and perform routine cleaning on the floor.
• Manage to pay rent and utilities on time. Do not exceed the debt.
• If material damage occurs, it must be compensated. For example, if it was you who broke a bed that is already 15 years old, then you will be the one who will compensate for the damage.
• Listen to the elder (commandant and watchman) and comply with the provisions of the agreement concluded with the university administration.

So, a student has many responsibilities. Therefore, if you try, you can prosecute a young man for not following at least one rule.

This is how students are evicted from the dormitory if they violate only one regulation or do not listen to the commandant.

How to evict someone from a dorm

Having decided to evict, the owner must notify the tenant about this in writing. The requirement must specify the reasons for eviction and the time frame within which people must leave the rental premises. If residents refuse to voluntarily vacate their living space, the owner of the hostel has the right to appeal to the justice authority.

If tenants belong to those categories of citizens whose eviction is possible only with simultaneous check-in into another housing, then the owner in his letter must indicate the address of the property to which relocation is planned.

Mandatory requirements for new housing for forcibly resettled families:

• 1 resident must have at least 6 square meters of space;
• the premises must be suitable for habitation;
• Geographically, the property must belong to the same locality as the hostel.

Statement of claim for eviction from the hostel (sample)

According to the rules established by the Civil Code of the Russian Federation, cases of eviction, including from dormitories, must be considered in courts of general jurisdiction. This is where the corresponding claim must be filed.

The document must indicate:

1. Name of the court.
2. Information about the plaintiff and defendant - full name, addresses, telephone numbers.
3. Description of the controversial issue and reference to the legal provisions according to which the plaintiff’s rights were violated.
4. The grounds that became the reason for the decision to evict and the documents supporting them.
5. A request to the court to evict the defendant without providing other housing or a specific property.
6. List of all documents attached to the claim.

Documents attached to the claim

Documents required to submit to court:

• statement of claim (1 copy for the court and one copy for each defendant);
• receipt of payment of state duty;
• contracts, certificates and other documents confirming the plaintiff’s arguments, to which he refers in the text of the application.

The state duty in [current_date format='Y'] is 300 rubles for individuals and 6,000 rubles for legal entities.

Notice of eviction from the hostel (sample)

Having decided to evict, the owner must notify the tenant in writing. The warning is written in free form in two copies. The first is sent by registered mail to the tenant, the second remains with the owner and in the future can serve as evidence in court.

The warning must contain:

• Full name and address of the employer;
• Full name of the author of the notification (or details of the legal entity);
• the reasons for entering the hostel;
• a description of the reasons contributing to the decision to evict.

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Statute of limitations

When considering cases of eviction of citizens from a hostel, the limitation periods are determined by the court depending on the actual circumstances of the case:

• sometimes the courts in this matter side with the landlords, who, appealing Article 208 of the Civil Code of the Russian Federation, ask that the claim not be taken into account;
• in most cases, if the legal grounds for moving in are proven, the courts still take into account the period of three years established by Article 304 of the Civil Code of the Russian Federation.

Example. The employer filed a claim in court with a request to forcibly evict citizen R.V. Babikov. from the hostel, in which he, according to the plaintiff, has been living illegally for six years, from the very moment he quit his job at the enterprise of the owner of the residential premises. The defendant, in turn, presented to the court all documents confirming the legality of his settlement and the timely payment of payments for utilities.

The main argument of the landlord is Article 208 of the Civil Code of the Russian Federation, according to which a hostel cannot be equated to permanent housing and the deadlines for eviction proceedings should not be taken into account. However, the court, having considered all the arguments of both sides, decided otherwise, explaining that for such a long time the legal relationship between the plaintiff and the defendant had already turned from civil to housing, which means that the statute of limitations should apply. The result is a refusal to satisfy the plaintiff’s demands.

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What to do if you are evicted

First of all, it is necessary to understand on what basis the administration demands eviction and whether it has the legal right to do so.

Based on the analysis of judicial practice, the following issues are usually clarified during the proceedings:

• whether the disputed property has the status of a hostel;
• whether the real owner is filing a claim;
• whether check-in into the hostel took place legally;
• whether the tenant has a warrant for this property.

If the eviction is a consequence of the end of the employment relationship, the court pays attention to the terms of the employment contract between the parties, and especially to the clauses containing the procedure for its termination.

After analyzing all of the above documents, you can make a logical conclusion about whether the claims made by the plaintiff are legal.

If so, then lengthy legal proceedings will lead nowhere and it is better to voluntarily vacate the illegally occupied premises. Moreover, landlords almost always accommodate the residents of the hostel and are ready to postpone the eviction date for some time, giving people the opportunity to find a new place of residence.

If, however, you do not agree with the requirements of the administration and can provide the court with evidence of your legal move-in and residence in the hostel, then collect all the necessary documents, be patient and defend your case in court to the last. To save your energy and time, in this case it would be best to seek help from a professional lawyer.

Remember that until the trial is over, they have no right to evict you from your room.

Labor Relations. What if they weren't there?

As Article 109 of the Housing Code of the RSFSR states, the hostel is intended for the residence of workers, employees, students, pupils, as well as other citizens during the period of work or study. Termination of employment is grounds for eviction. What if a room in a dormitory was provided to a person who is not in an employment relationship with the organization that runs the dormitory? After all, Article 110 of the Housing Code of the RSFSR (as well as Article 105 of the Housing Code of the Russian Federation) allows for the eviction of only workers who have stopped working. It is not difficult to guess that persons moved into the hostel not in connection with labor relations cannot be employees who have stopped working. This means that it is impossible to evict these persons on the basis of “termination of employment relations.”

A completely logical question arises here: why is it impossible to evict, without providing another living quarters, persons who, strictly by law, did not have the right to move into the hostel, since it is only for “our own people”?

And the law makes it possible to evict such a person, only not on the basis of Article 110 of the RSFSR Housing Code, but by declaring the order invalid in court. The reason for this may be precisely the lack of conditions for the provision of living quarters. However, a request to invalidate an order can only be filed within three years from the date of its issuance. This logic is also followed by the Supreme Court, which expressed the same opinion in the Resolution of the Plenum back in 1984:

“..If the hostel was provided to a citizen who is not among the persons who have the right to be provided with living space in the hostel, and a claim for eviction is filed against said person on this basis, it is necessary, in relation to Art. 48 of the Housing Code of the RSFSR, to resolve the issue of invalidating the order for the occupation of living space in a hostel with the onset of the consequences provided for in Art. 100 of the Housing Code of the RSFSR."

But even if the order is declared invalid for reasons not related to the unlawful actions of the persons who received the order, the citizens specified in the order are subject to eviction with the provision of another residential premises or premises that they previously occupied.

Arbitrage practice

After the adoption of the privatization law, many hostels became the private property of citizens. And the flaw in the legislative framework on this issue has caused a large number of disputes and disagreements between the owners of former hostels and their employers.

Most often, situations arise when, after the privatization of a room, people find out that this dormitory building had previously been privatized by a legal entity. Further, after many court hearings, transactions for the privatization of housing by individuals are recognized as void, and accordingly all residents are evicted without being provided with other living space. Disputes also arise about the legality of privatization between two residents who simultaneously initiated the procedure for re-registering the room as their property.

Eviction from a hostel is also one of the main reasons for filing a lawsuit. The most controversial issues in this case are:

• the decision of the owners to evict socially protected categories of persons in connection with the termination or termination of the employment contract;
• eviction due to a change of owner of the premises;
• recognition of the grounds for providing a room with subsequent eviction as illegal;
• eviction due to systematic delays in utility bills;
• eviction due to unsatisfactory behavior of tenants.

Example. The City Council Administration filed a claim with the Soletsky District Court for the eviction of pensioner Akropov and his family from the service dormitory without the provision of living quarters. After which, the defendant filed a counterclaim for recognition of ownership of the disputed room with subsequent privatization.

According to the case materials, citizen Akropov and three members of his family received official housing in connection with the employment of the head of the family at the enterprise, but even after his dismissal, of their own free will, they continued to use this living space.

Akropov's main argument was the fact that he is an old-age pensioner and has a legal basis for living in the room. The court noted that the defendant was not registered as needing housing; in addition, it was proven that citizen Akropov deliberately worsened his financial situation by donating housing that was his personal property to an adult daughter who did not live with him.

Having considered all the circumstances of the case, the court sided with the administration, the rental contract was terminated, and the defendant, despite his advanced age, was evicted from the service dormitory.

"Good faith" move-in

The bulk of citizens living in dormitories today moved in during the period of the RSFSR Housing Code, that is, until March 2005. It often happened that a person was moved in due to labor relations, but on the verbal order of the head or commandant of the hostel, and there was no order to move in at all. However, of course, this was not the employee’s fault, because he did not break the law. And there was no reason not to trust the leader’s words: “yes, you move in for now, and I’ll give the order to the commandant myself!” And indeed, according to the law, when moving into a dormitory, the warrant is handed over to the dormitory administration.

Let's give an example. The administration of the enterprise (plaintiff) goes to court with a claim to evict the defendant due to the lack of a warrant to move in. Considering one of these cases, the judicial panel of the Supreme Court came to a fair, in our opinion, conclusion:

“..D. She moved into the hostel by agreement between the management of the organization where she worked and the administration of the plaintiff, i.e., not arbitrarily; she did not allow any abuses or violations when moving into the hostel. On the contrary, the plaintiff violated the procedure for providing living space in the dormitory. The court of first instance found that a warrant to move into the dormitory was not issued not only to the defendant, but also to other persons living in it. Under such circumstances, based on the content of Part 1 of Art. 40 of the Constitution of the Russian Federation and Part 4 of Art. 10 Housing Code of the RSFSR... there were no legal grounds for... evicting D. from the hostel without providing her with other living quarters.”

The nuances of providing other housing

New real estate is provided under the following conditions:

• it is required to relocate persons who should not lose their housing under any circumstances;
• resettlement of citizens on the basis that the hostel is in disrepair;
• the owner of the property changes;
• the employee is transferred to another region.

It is taken into account that new housing must be equipped with the necessary communication systems. Its square must correspond to its previous place of life.

When housing is not offered

If citizens are evicted upon termination of a contract or upon discovery of evasion of obligations, then they cannot count on new housing.

It does not matter whether they have another place to live.

How to correctly draw up a statement of claim for eviction? See here.

Purpose of dormitories

Dormitories are provided for temporary residence of working citizens, students, and students of other educational systems. It is impossible to live in special types of premises without working or studying; in fact, these buildings are built for one purpose - to solve people’s temporary difficulties with housing.

Dormitories belong to individual institutions, enterprises or organizations. These buildings are equipped with everything necessary for life: furniture, cultural and household items that allow residents to relax, study, prepare food, and carry out hygiene procedures.

The main purpose of such premises is to provide shelter to individual citizens or families until they resolve their housing issue. Often, nonresident citizens who do not have real estate in a given area, and often have relatives in this city, apply to move in.

When is it appropriate to file a lawsuit?

Both the owner of the hostel and the residents themselves can go to court if they are trying to evict them illegally, so there are no compelling reasons for this.

If a person living in the property decides that they are trying to evict him illegally, then he can file a lawsuit himself.

To do this, there must be evidence that there are no compelling reasons to vacate the property.

How does eviction from a hostel happen in practice? Watch in this video:

What documents are being prepared for the court?

To evict residents from a hostel, the landlord must properly file a claim and prepare other documentation. It includes confirmation of violation of the rules of residence or the presence of other reasons.

Documentation is prepared as standard:

• moving-in agreement;
• documents confirming violation of rules or laws by residents;
• witness statements;
• complaints from neighbors;
• unpaid receipts and personal account statements confirming the presence of significant debts;
• other documents on the basis of which the court decides that there are indeed grounds for eviction of citizens.

Important! All these papers are listed in the statement of claim.