Nowadays, the question is often asked: if the apartment has not been previously privatized, can its inhabitants be evicted? Unfortunately, the answer is yes. Anyone who has not yet received ownership of the occupied premises runs the risk of facing a similar problem. However, let us hasten to reassure you that expulsion will require very compelling reasons. All the nuances of the mentioned process are described in detail below.
A little about privatization
Privatization, according to housing legislation, is a procedure during which the state transfers residential space that belongs to it to the citizens who rent it. Every Russian has the right once in his life to re-register an apartment in his name completely free of charge. In some situations, this opportunity may be provided again. So, in particular, the following persons are allowed to privatize the premises again:
- those who participated in the process for the first time before their 14th birthday;
- those who initiated the deprivatization procedure for a previously re-registered apartment;
- who lost real estate due to force majeure circumstances.
Apartments that never found owners in the person of their inhabitants are owned by the state. Their residents have the right to use on the basis of a concluded social tenancy agreement. Accordingly, the allocated premises cannot:
- pass on by inheritance;
- sell;
- rent out;
- present.
The basis for living in a municipal apartment is, in addition to the previously mentioned agreement, registration on a permanent basis. Holders of temporary registration can stay within the premises only for a period agreed with the owners (maximum up to 5 years).
Housing is the property of the municipality
Privatization is the process of transferring housing from state ownership to private ownership, launched in the 90s of the last century. Until this time, there were practically no apartments owned by citizens.
The housing construction cooperatives that emerged somewhat earlier had not yet managed to generate any significant number of owners.
One of the reasons to transfer apartments to the people living in them was the opportunity to shift a significant part of the costs of maintaining this property to them.
In addition to paying for utilities, the owners bear the costs of:
- current and major repairs;
- maintenance of the local area, etc.
And yet many citizens remain in municipal apartments and do not want to exercise their right to privatization. They remain in apartments on the basis of indefinite social rent. Even after the end of the free privatization period, no one will take away this right from them.
That is, if the apartment is not privatized, the consequences of such a decision will not lead to the loss of housing.
However, the right to municipal housing is quite limited. The tenant with whom the contract is concluded can use this apartment throughout his life.
In addition to him, his family has the same right:
- children;
- parents;
- spouse.
All of them can be registered (registered) without asking permission from the owner (city).
Everyone who is registered as the tenant's family has the right to lifelong residence in the apartment. And also to register their spouses and children there in the future, etc. This continues until everyone who has the right to permanent use of this housing finally leaves it.
Accommodation in a municipal apartment is not free. Rent is charged for the use of the premises and the provision of utilities. If tenants stop paying it, then after six months they may find themselves evicted from the apartment.
The municipality has the right to terminate the contract early on this basis. It, like all other reasons for eviction from rental housing, is set out in the Housing Code - the main document regulating relations in the field of residential real estate.
Terms of use of residential premises
The main responsibility of the tenant is to ensure the maintenance of the residential premises. That is, they must:
- fully repay utility debts;
- renovate the apartment and contribute to the necessary improvement of it.
In previous times, the state distributed housing on the basis of warrants, but now they are issued under a social tenancy agreement. This document is just a type of lease agreement. Its peculiarity is its perpetuity.
As previously noted, the user needs to:
- live in a designated area;
- register on it.
In this case, it is not necessary to have family ties with the responsible tenant. So, for example, ex-spouses, after divorce, continue to have the opportunity to live in a municipal apartment. In fact, of course, this happens quite rarely - after breaking ties, the husband or wife is discharged.
A child has certain advantages over adults - he is allowed to be evicted only after reaching adulthood. It will also not be possible to deregister voluntarily and without parental consent before the age of 18.
It is impossible to expel minors from the apartment even through a judicial procedure, unless they have an equivalent alternative.
Grounds for forced eviction
Residents who own a non-privatized apartment under a social rental agreement are required to maintain the proper condition of the housing and pay utility bills on time. Failure to fulfill these obligations, debts for the apartment, violation of the rights of other tenants leads to the fact that municipal authorities receive grounds to evict a tenant from a non-privatized apartment, without obtaining consent.
For more detailed information, we recommend that you consult with our lawyer. You will receive answers to your questions.
With kids
The rights and freedoms of minor residents of non-privatized apartments are also protected by the Housing Code of the Russian Federation. Eviction of this category of citizens from their living space by municipal authorities occurs extremely rarely. Getting it through the courts is difficult.
For this reason, parents are wondering: can they evict children from a non-privatized apartment? As a rule, no. When a father and mother violate the rights of neighbors, carry out illegal redevelopment of property, they have a six-month debt for utilities, the son and daughter are not responsible until they themselves reach adulthood.
The tenant may be forced to correct offenses or move to a similar non-privatized living space after going to court. A family with a child is rarely evicted from the premises.
Neither the municipality nor the neighbors receive the right to evict a citizen from non-privatized housing if he has a child who has not reached the age of majority. Even through the court and legally.
For debts
Banks rarely issue loans to citizens who are renters and not homeowners. If the tenant does not repay the loan debt, then it is impossible to obtain a municipal apartment from him as collateral. The owner of non-privatized property is the state. And this is a financial risk for the bank and the absence of legal grounds to sue a citizen in order to seize his living space and compensate for his expenses.
The situation with debts for utilities is not so rosy for the tenant. If the question arises whether they can be evicted from a non-privatized apartment for debts on housing and communal services, then the answer is yes. But, on the basis of the Housing Code of the Russian Federation, and only when the debt for housing exceeds six months. When a trial is held and the plaintiff is found guilty, the owner, represented by municipal authorities, receives the right to forcibly evict the tenant.
No housing provided
Can they be evicted from a non-privatized apartment without providing other housing? When it comes to debts for housing and communal services - no. But, for certain offenses, this is possible:
- illegal redevelopment of an apartment;
- violation of neighbors' rights;
- living without registration and registration, for example, as a result of divorce;
- deliberate destruction of municipal property and communications;
- use of non-privatized housing for other purposes, for example, for commercial purposes.
These options are considered in court and supported by reliable evidence from the plaintiff - the municipal body or the neighbors of the defendant, who is the owner of the living space.
How to evict an unwanted roommate
It is not difficult to remove a tenant who is annoying the owner from a privatized apartment onto the street. The owner will only need to write an application to cancel his registration. If the cohabitant has no children, then this petition is granted very quickly.
In the case of apartments owned by the municipality, things are much more complicated. Here, refusal to pay utilities is often seen as an insufficient reason. In addition, this fact is very difficult to confirm, unless the residents have agreed on the division of bills.
In any situation, expulsion will be preceded by lengthy proceedings. In accordance with the current Constitution (Article 40), only the court has the power to deprive the right to use housing. Simply put, the responsible tenant is required to prepare and file a claim. In addition to this, you also need to provide very convincing evidence.
We live in a privatized apartment and the owner died
- Grandfathers and grandmothers. If they die after the opening of the inheritance, without having time to accept it, the share due to them passes to their heirs by law and by will.
- Legal spouse. If this is the natural father or mother, then their premature death, relative to the acceptance of the inheritance, will become the basis for increasing the share of the deceased to the shares of their children.
Lawyer recommends The described procedure in reality is often complicated by accompanying circumstances, in the light of which it becomes difficult to establish to whom the share of the privatized apartment is transferred and in what amount it is distributed among non-legal recipients. Therefore, in order not to waste time and ensure compliance with your legal rights, it is important to seek help from a competent specialist, and it is advisable to do this as early as possible. Lawyers of the portal https://ros-nasledstvo.ru provide their clients with consultations free of charge and in a convenient format - for this it is enough to use an electronic form. Still have questions? Ask our lawyers right now! Ask a question to an expert lawyer for FREE! Write your question and our lawyer will call you back within 5 minutes and give you a free consultation.
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Can a citizen now be evicted from non-privatized housing?
The procedure for eviction of people from municipal apartments is given in the Housing Code (specifically in articles 83, 90 and 91). Moreover, in the fourth part of Art. 69 it is reported that after the loss of family ties, Russians do not lose the right to use common premises occupied on the basis of a social tenancy agreement.
It will be possible to remove the person registered there from a municipal apartment after filing a divorce if he:
- in fact lives in another place;
- doesn't pay bills.
All this becomes grounds for eviction from non-privatized apartments, but action will have to be taken through the courts.
Eviction through court
A social tenancy agreement for owners of a non-privatized apartment provides for the fulfillment of a whole list of responsibilities. In addition to those mentioned above, the following are worth mentioning:
- maintaining silence at night;
- timely repair of non-privatized living space;
- monitoring the serviceability of real estate utilities.
When a social tenancy agreement is violated, the offender’s neighbors or the owner of the property, represented by the municipality, have good reason to file a claim in the courts in accordance with Articles 131 and 132 of the Code of Civil Procedure. At the same time, is it worth figuring out how to evict from a non-privatized apartment through the court?
In this matter, the legal basis is Articles 60 to 89 of the Housing Code of the Russian Federation. Article 84 is especially important. It sets out the consequences for the defendant if he is found liable for a debt on the property or for trespassing on a neighbor's rights. The process is carried out in court. Arbitrariness on the part of the neighbors of the former owner of non-privatized housing or abuse of authority by municipal officials, even on legal grounds, is unacceptable.
Eviction for debt
If payment for utilities is not made, then this violates the main condition of renting out housing under a social tenancy agreement. In accordance with Article 153 of the Housing Code, the tenant is obliged to pay bills that come to him on time and in full. If there is no income from it for 6 or more months in a row, the owner (that is, the municipality) receives the formal right to terminate the contract. The result of this action is eviction. At the same time, the previously mentioned 90th article of the Housing Code indicates that it is impossible to drive a citizen out onto the street, that is, he will have to be provided with another room.
The legislation does not provide a list of persons who are responsible for paying for utilities. It is only noted that all people registered in the square should participate in the costs.
If a conflict occurred in the family and it was decided to abandon the common household, then it is necessary to officially request the division of the personal account.
FAQ
Let's look at questions that home renters often ask.
Reluctance to privatize
The reluctance of citizens to privatize the housing they occupy does not entail, to date, any negative consequences for them. The rental agreement with them is recognized as unlimited and can be terminated only for the reasons set out in Article 83 of the Housing Code of the Russian Federation.
However, after the end of the free privatization period, it will be possible to obtain ownership of this housing only on a paid basis.
What will happen to the apartment?
If you do not exercise your right and do not privatize the apartment, then you will be able to continue to live in it under the same conditions as before, that is, under a social tenancy agreement:
- it cannot be sold or bequeathed;
- but it can pass after the death of the employer to those of his relatives who were registered in it at the time of death.
They can also continue to use it indefinitely.
Procedure for eviction at the initiative of the municipality
In a situation where the tenant is absent for a long time or does not pay for the services provided to him, the landlord may require the premises to be vacated. The procedure for eviction is discussed in Articles 90-91 of the Housing Code.
First of all, the owner sends a written notice containing a requirement to repay the debt within a certain period (usually 3 months). If the tenant ignores it, the municipality goes to court, which issues a writ of execution for the forced collection of the accumulated amount.
The citizen will have to prove that he had significant circumstances that prevented him from paying off his debts within a certain period of time. In the absence of such, the tenancy agreement is terminated and the person is evicted. However, as reported above, he is required to provide alternative space. The latter will obviously be less, since the authorities will proceed from the sanitary standards that are relevant for dormitories. That is, about 6 square meters will be allocated for each family member. At the same time, it is not allowed for other conditions to be worse than at the previous place of residence. The premises must also be located within the same locality.
The list of reasons considered valid is given in the 14th resolution of the Plenum of the Supreme Court, which came into force in July 2009. For example, it mentions:
- serious financial problems;
- lack of work;
- presence of small children in the family;
- the need to care for a seriously ill relative or disabled person.
Eviction from your own apartment
The only basis for eviction of a citizen from an apartment he owns is refusal to pay his previously taken mortgage. This possibility is provided for in relevant legislation.
As follows from the current rules:
- the bank warns the debtor 30 days in advance about eviction;
- if the money is not received, then another month is given for voluntary eviction;
- then forced deportation is carried out on the basis of a court decision.
After the apartment is seized, the owner must be moved to another premises allocated from the city reserve fund. It is provided under a social lease agreement. But it is prohibited to privatize such an area.
How to inherit a non-privatized apartment
Even if the tenant of the apartment did not apply for privatization during his lifetime, relatives still have the opportunity to continue living in the apartment and even purchase it as property. The basis for this is the provisions of housing and civil legislation.
Important point! The right to live in an apartment arises only for persons who are members of the family of the deceased, specified in the social tenancy agreement. The right to live in an apartment does not arise on the basis of being a relative (including first-degree heirs).
Trial
We have previously reported that the eviction of citizens from a municipal apartment occurs no earlier than the expediency of this action is confirmed by the court.
The servants of Themis, considering the case on its merits, will find out:
- a citizen was voluntarily absent from his place of residence for more than six months or forcibly;
- Is there any reason to say that there is no payment on his part for consumed utilities?
In this case, the plaintiff will have to submit documents confirming:
- absence of the resident on site;
- non-payment of utility bills.
The defendant, in turn, proves that the charges are groundless, or states that he has good cause. If the court decides that the eviction is justified, then it orders the allocation of new premises to replace the seized one.
Can they be evicted from a non-privatized apartment?
Can they be evicted from an apartment if it is not privatized?
The legislation provides for such a possibility . But this requires serious reasons.
There are two options here: voluntary and forced expulsion.
Speaking about voluntary eviction, the main condition must be the consent of the tenant , expressed in the form of a statement sent to the registration authority.
The reasons for such eviction can be different, for example, moving to another country, city, buying a new apartment.
Forced eviction from a municipal apartment can be carried out by court decision and only if the residents do not want to leave the apartment on their own.
Find out everything about the procedures for eviction of registered, unregistered, and illegally residing citizens from our articles.
How to write a statement to court
If there are compelling reasons, the municipality (or another occupant of the apartment) prepares a statement of claim. It is drawn up in accordance with Articles 131 and 132 of the Code of Civil Procedure. It must contain the following mandatory information:
- name of the judicial authority and its address;
- passport details of the parties and place of residence;
- subject of the claim;
- references to violated legal norms;
- list of infringed rights of the plaintiff.
At the end you should put a date and sign.
Keep in mind that the outcome of the case largely depends on the correctness of drawing up this document. For this reason, it is better to entrust the task to a good lawyer.
What documents does the court need?
In addition to the statement itself, the initiator of the process needs to collect evidence of the correctness of his words. Only if there is a properly prepared evidence base will it be possible to expel the defendant from the area he occupies.
You will definitely need:
- an extract from the house register or any other certificate confirming the fact that the evicted citizen resides at a specific address;
- agreement on the provision of an apartment on social rental terms;
- witness's testimonies;
- a receipt for the last payment received for utilities (if there is none, then a certificate is taken from the Housing Office about the debt incurred).
