How to evict tenants or neighbors from a communal apartment? Legal.Standard

Eviction of tenants who do not have a tenancy agreement

By allowing tenants into your apartment without a lease agreement, you risk being accused of concealing income.
Tenants, in turn, risk being evicted at the first request of the landlord. But if the owner of the property has demanded eviction, and the tenants consider this demand unfair, then this dispute can be resolved in court. For example, if the landlord does not want to return the deposit for a month’s stay, or the tenants have nowhere to move, they can contact the police. Forcible eviction may result in administrative or criminal liability. To prevent such situations from arising, you need to know the rights and obligations of the parties when renting housing.

Legislation

In the absence of an agreement, the relationship between the tenant and the landlord is regulated by the Civil Code of the Russian Federation and the Housing Code of the Russian Federation.

Homeowner's rights

In accordance with Article 30 of the Housing Code of the Russian Federation, the owner can:

- personally dispose of residential premises, taking into account its purpose;

- rent it out to citizens or legal entities on terms of rental or free use.

Tenant rights

Citizens who rent housing under an oral agreement can use the provided property and carry out repair work.

In the event of eviction, tenants without a contract have virtually no rights.

How to evict tenants without a contract

If a conflict situation arises, there are three ways to evict tenants.

Deprive tenants of access to the living space by changing the locks. If the tenants regard these actions as unreasonable, then they can file a lawsuit demanding that the oral agreement be declared invalid.
Call the police. The district police officer will attest to the refusal of the residents to vacate their living space and will assess the actual condition of the housing. The owner of the apartment must write a statement stating that there are unauthorized persons in his living space who do not want to vacate it. The district police officer himself does not have the right to evict residents, but will tell them about responsibility for their actions. Usually, the involvement of a representative of the law contributes to a peaceful resolution of the conflict. If this does not happen, the case goes to court.
Go to court. A lawyer will help you file an eviction suit correctly for the court. This measure is rarely applied to tenants without a contract. Residents understand that the law is on the side of the apartment owner and do not bring the dispute to court.

How does the eviction of tenants without a contract from communal apartments take place?

The basis for tenants to leave the living space may be complaints from neighbors about violation of their rights. Failure to pay utility bills is also considered a valid reason for eviction. Neighbors can file a claim against the tenants themselves if the landlord evades responsibility.

How does the presence of children affect the eviction of tenants without an agreement?

If tenants go to court regarding an unjustified eviction, the court may recognize the presence of a child as a mitigating circumstance. In this case, it will not be possible to quickly evict the tenants.

Is it possible to evict people in winter?

The law does not prohibit the eviction of tenants during the heating season. If you act through the police and the court, then there will be no problems with eviction.

What to do first if tenants refuse to leave

If it was not possible to reach an agreement peacefully, you need to act like this:

Give tenants a notice to vacate the property, indicating the eviction date. Hand it over in front of witnesses. Film your actions on your phone. Try to get the residents to sign the document. You can also send this paper to residents by registered mail. Write a statement to the local police officer that there are strangers in your house. Don't forget to get your application registration number. And after the inspection, ask for a conclusion. You will be given a resolution to bring the residents to administrative responsibility or to refuse to initiate a case. These certificates will be needed in court. Contact a lawyer

He will draw up a claim to evict the tenants and collect the necessary documents and witness testimony for the case to be considered in court. The court will review the case and take into account evidence from both sides. After the court issues its verdict, tenants can leave the living space or file an appeal. If the court has decided to evict, the bailiffs will enforce the sentence.

Be patient. If you have to go to court, the procedure may take several months.

Conspiracies to get rid of evil neighbors

It is possible to pacify a neighbor who gathers a noisy company every day only with the help of rituals aimed at his sober lifestyle. To do this you will need a bottle of vodka, candles, food and candy. You should visit the graves of his loved ones; if this is not possible, then find several unkempt graves and tidy them up. Before leaving, leave food and candy there, saying:

Few people living in a multi-storey (or even private) building have not encountered noisy neighbors spoiling their serene life. Endless holidays, apartment renovations, passionate love for music and much more that these people are happy to share. Sometimes it seems that your home is one big communal apartment. Fortunately, there are conspiracies from neighbors that will save you from unpleasant manifestations of togetherness.

We recommend reading: What documents are needed for the tax office to get a 13 percent refund on a mortgage?

How to evict tenants in the winter with a contract?

Law-abiding landlords enter into a social rental agreement, and some even have it certified by a notary. This document serves as a guarantee that the parties are protected by law and can defend their interests in court.

Step-by-step instruction

Stage No. 1 Establish the reason for the eviction of tenants. For example, outstanding rent arrears.
Stage No. 2 Notify the apartment tenants of the intention to go to court if the violations are not corrected. The notice will be in writing, specifying the reason, duration and possible penalties. Let’s assume: they haven’t paid rent for an apartment for more than 6 months - pay off the debt within 1 month - sanction: eviction from the apartment with debt collection + legal costs through the court.
Stage No. 3 If there is no response, you should go to court with a statement of claim for the forced eviction of the tenants.
Stage No. 4 Participation in preliminary and main hearings. The plaintiff will have to prove his case, provide evidence, and also attract witnesses (if necessary). As a result of the final decision, the court will terminate the tenancy agreement.
Stage No. 5 Obtain a copy of the writ of execution from the court office. Based on the court decision, you can safely evict the tenants from the apartment. If they do not want to vacate the premises, involve the district police officer, bailiffs and employees of the Ministry of Emergency Situations.

List of documents

When resorting to judicial eviction of tenants during the heating season, you should take care to prepare the following package of documents:

statement of claim for eviction of the tenant (to the defendant separately);
Russian passport + copy;
a written rental agreement for residential premises;
title documents for housing (sale and purchase agreement, inheritance, deed of gift, exchange agreement);
notification or requirement to vacate the living space voluntarily;
extract from the Unified State Register or certificate of ownership;
extract from the house register;
power of attorney + copy of the representative’s passport (if necessary).

The standard list of documents will be useful for applying to the court office. Everything related to evidence rests on the shoulders of the owner or his representatives. It is they who have to prove that the tenants are violating the terms of the contract, as a result of which the agreement should be terminated at the initiative of the plaintiff.

Features and nuances

The procedure for eviction from a municipal and privatized apartment has some differences.
Before starting the eviction procedure, the owner of the apartment is given a warning , which states by what time the “misunderstandings” must be corrected so that an application is not filed with the court.

The Civil Code, namely Article 293, specifies the following grounds for the owner:

destruction (destruction) of the apartment due to mismanagement;
use of housing for purposes other than its intended purpose;
six-month non-payment of rent;
infringement of the rights of those living nearby.

If the debtor’s family and he himself have no other possessions other than a communal apartment, it is not possible to evict him . But there is one small exception - the apartment should not have a mortgage.

If the “misunderstandings” are not corrected within the specified period, then the owner will inevitably face legal proceedings.

In some cases, the communal apartment is sold at auction, after which all funds are transferred to the owner, but if the apartment was seized due to faulty payment for utilities, then a deduction will be made from the amount, and what is left after it will be returned.

Debtors in a municipal apartment are provided with some exceptions (i.e., if they have one of them, they will not be evicted):

Presence of family members with disabilities or small children.
Faulty payment of wages and other payments.
Problems with getting a job.
A family member has a serious illness that costs a large amount of money.
However, in order for such an exception to be granted, confirmation will be required.

In all other cases, eviction to the hostel or “to the street” will follow. Read about the procedure for filing a claim here.

No other accommodation provided

They can be kicked out onto the street under such conditions:

Living on the territory of a communal apartment is considered illegal.
Resale of housing to another owner.
A husband and wife are divorced if the room is entirely in the possession of the husband or wife (acquired property before the divorce).
Destruction (destruction) of an apartment due to mismanagement.
Use of housing for purposes other than its intended purpose.
Infringement of the rights of those living nearby.
Parents deprived of parental rights who continue to live with members of the household.
The property is under mortgage.

Read our article about how to evict an unregistered person from an apartment.

Evicting a neighbor

How to evict a neighbor from a communal apartment?

Everything is quite simple here. If a neighbor falls under the grounds listed below, then it will not be difficult to evict the offender.

Constantly causing inconvenience to living neighbors : noisy behavior, drunkenness, drunken fights, etc.
Using communal apartments for purposes not intended for this type of housing : creating nurseries, warehouses, etc.
Negligent attitude towards the premises, meaning damage to furniture, floors, windows, etc.
There are no utility bills .
There are insects in the apartment, there is dirt everywhere, in other words, complete unsanitary conditions .
Ignoring safety precautions.
Failure to comply with the conditions specified in the contract.

The main thing is to have documents confirming all this and persons who can confirm violations, in other words, witnesses.

In the best case, the neighbor will be pacified by giving time to eliminate the cause of the claim, and in the worst case, the room will be sold and he will be evicted .

How to kick out tenants?

How to evict tenants from a communal apartment? The owner of a communal apartment can evict tenants without giving a reason .

In such cases, the case usually does not come to court. Mostly, the lease agreement expires, or the tenants go into debt.

As a last resort, the owner has the right to call for help, that is, contact law enforcement agencies.

The main difficulty is the need to prove that the resident of the communal apartment is actually violating the living conditions . The easiest way to prove guilt is to the housing office or another service company, since they can simply provide a certificate of debt.

If the complaint is from a neighbor, you will have to tinker. For example, if the cause of the violation is unsanitary conditions, then you will have to call the sanitary and epidemiological station to confirm this fact. But if you want to do this, it is quite possible, the main thing is to have the desire.

The procedure for eviction through court

Now let's move on to considering the issue of forced eviction of tenants from a communal apartment through the court.

Algorithm of actions and procedure

In order to evict tenants from a communal apartment, you must adhere to the following sequence of actions:

documents are collected, as well as evidence confirming violations by the tenant;
a statement of claim is prepared and filed in court;
after the decision is made, it is necessary to receive it along with the writ of execution;
the writ of execution is submitted to the territorial body of the bailiff service, which carries out the eviction.

Statement of claim

The structure of the statement of claim is determined by the rules of the Code of Civil Procedure of the Russian Federation and it must contain the following information:

The so-called hat. In the upper right corner it is written to which court the statement of claim is being sent, from whom (full name of the plaintiff, his date of birth, place of residence and registration, if they do not match, as well as contact phone number). Just below in one column is written the full name, his date of birth, place of residence and registration of the defendant, his contact numbers. Below (in the center of the sheet) is written the statement of claim, below it is its name. For example, about the termination of a rental agreement and the forced eviction of a tenant.
The second part of the statement of claim consists of a description of the legal situation. In it, the plaintiff indicates that on such and such a date a rental agreement was drawn up between him and the defendant. However, the tenant does not comply with its conditions and violates such and such points, or the norms of the Civil and Housing Codes of the Russian Federation. Then there are links to these norms, an indication of documents and evidence that confirm this. The descriptive part ends with the phrase - based on the above, guided by the norms of the Civil and Housing Codes, I ask.
Next comes the pleading part. It sets out specific claims, for example, I ask for an early termination of the rental agreement for a room in a communal apartment, drawn up between such and such, and also forcibly evict the tenant.
The last part is the add-ons. It consists of a list of documents, as well as other evidence that is submitted along with the statement of claim.

Required documents

In order for the court to make a legal and justified decision, the plaintiff (in this case, the owner of the property) is obliged to prepare all documents and evidence that will confirm the correctness of his actions.

Legal practice on such disputes describes in detail the list of required documents. So these could be:

A residential rental agreement, that is, a written agreement between the apartment owner and the tenant, which details all the rights and obligations of the parties. In addition, such an agreement may contain additional grounds for eviction, but they should not contradict the norms of the Civil Code of the Russian Federation, but only supplement them. The contract itself must be signed by all parties, and also registered with Rosreestr (if the rental period is 1 year or longer).
Copies of documents that confirm the fact of violations by the tenant of the contract, the norms of the Civil Code, and the Housing Code of the Russian Federation. This could be responses from the police that the person was violating public order, bills with arrears in paying utility bills, and other similar documents.
Copies of pre-trial dispute resolution documents. This is a claim or notification to the tenant that he must leave (vacate) the premises within a certain period. If it was sent by mail, then checks, receipts confirming the fact of sending.
A copy of the defendant’s passport (it must be attached to the room rental agreement).
Written explanations from neighbors who will be able to confirm in court that the tenant has violated the rules of residence.
Original receipt for payment of the court fee.

State duty

The procedure for paying court fees (state fees) is regulated by the norms of the Tax Code of the Russian Federation.

According to these standards, the cost of state duty for such claims is 300 rubles for individuals and 6,000 rubles for legal entities.

However, if in the claim the owner also wants compensation for material or moral damage, then he will need to pay an additional state fee equal to 4% of the cost of the claim (the total amount of moral and material damage), but not less than 400 rubles.

How to evict neighbors from an apartment: alcoholics or noisy ones

Your own apartment is the place where a person wants to relax after a busy day, relax and just lie in silence. But these simple desires are not always destined to come true. And the reason for this is banal: noisy neighbors. Agree that there are not so many lucky people who are lucky enough to live in a house with good, adequate neighbors. Much more often you can hear complaints from your friends that they are inconvenienced by the sounds of constant loud repairs, feasts that often escalate into drunken brawls, swearing and even fights of their “beloved” neighbors. What to do in this case and how to evict neighbors who do not want to follow common sense and compromise, we will consider below.

How to protect yourself from noisy neighbors

All legal relations between neighbors are regulated by Federal Law (Housing Code of the Russian Federation dated December 29, 2004 No. 188 - Federal Law). It is there that the interpretation of all the rights and measures to ensure peace of mind for residents from unscrupulous neighbors is presented. Systematic neglect of neighbors' right to silence can lead to consequences such as eviction.

And it doesn’t matter on what basis people lived in this living space:

According to the social rental agreement;
Under a lease agreement (commercial rental);
Being a home owner.

In any case, no one has the right to disturb the peace of other people. And stories that “I can do whatever I want in my apartment” are completely inappropriate, because the right of one person to do whatever he wants in his apartment ends exactly where another person has a desire to exercise his right to silence and rest.

Can neighbors evict tenants?

If the neighbors who disturb the peace of other residents are not the owners of the living space, but only tenants, then people tired of the constant noise can force their eviction. Especially when it comes to alcoholics. But this is a last resort. First, it’s better to try to resolve everything peacefully: talk to the new tenants. If it doesn’t help, complain to the owner of the apartment (room). The owner himself is usually interested in ensuring that there are no conflicts between his tenants and neighbors.

If the tenants do not understand the agreement, the owner has the right to evict the people renting an apartment from him at any time. It doesn't matter whether this happens in winter or summer.

Reasons for evicting noisy neighbors

These, according to the Housing and Civil Code of Russia, include:

Constant offenses against other residents (hooliganism, failure to remain quiet at the appropriate time, drunkenness);
Use of residential premises other than for its intended purpose (for example, as a warehouse, office, retail outlet);
Unfriendly attitude towards the apartment and common areas (stairwells, elevators), leading to damage to property and destruction of the housing itself;
Neglect of fire safety rules, etc.

There is a nuance regarding noise: normal audibility that occurs due to violations of construction technologies is not considered noise.

Noise is considered:

Listening to music at high volume at night or late in the evening;
Loud renovation work;
Rearranging (assembling) furniture at night;
Increased volume of TV and radio;
Music playing;
Loud quarrels and swearing;
Using household appliances that make loud noises;
Frequent gatherings of strangers singing religious songs in the apartment;
"Disco" at night, etc.

If tenants live in residential premises under a lease agreement

The agreement protects not only the rights of the owner, but also the rights of the tenants. In the lease agreement, the owner usually states all the conditions:

Length of stay;
Rent amount;
Rights and obligations of the parties, etc.

If the tenants violate these conditions, then the owner of the apartment (room) has the right to unilaterally terminate the contract (Article 619 of the Civil Code).

How to do this: you need to file a claim for eviction (notice), where you need to indicate the reasons, prove the impossibility of further dispute and set a deadline for eviction (usually two months from the date of notification).

There are two possible resolutions to the situation:

The tenants acknowledge the claim and agree to vacate the property;
Tenants do not agree to voluntarily leave the apartment (room) - in this case, only judicial eviction is allowed.

If tenants live without a tenancy agreement

Despite the apparent complexity of eviction of tenants living without an agreement, the absence of one simplifies the process. Why? - you ask a question. Yes, because without an agreement they are not tenants, but simply guests in this housing. And the main tenant can ask them to leave at any time.

If the tenants refuse to vacate the premises, the owner must call the police, who will be informed that there are strangers in his apartment who refuse to leave. The owner of the property will be required to present documents confirming his ownership of this property to police officers. Although a more likely outcome is that the tenants will not wait for the police to arrive, but will leave on their own.

How to evict an alcoholic neighbor

It is these types of residents who most often cause maximum inconvenience to neighbors. And it’s not just about the noise that such people make. The presence of antisocial residents among neighbors causes fear among other people that sooner or later something irreparable may happen: an alcoholic in a state of drunken stupor can easily start a fire in the house or flood the neighbors, or commit theft in the desire to get money for drinks, etc.

But you can’t just evict an alcoholic neighbor just because he drinks. First, you will need to prove that this alcoholic systematically disturbs the peace and quiet of other residents. To do this, every time a neighbor starts making noise, call the police and draw up a report.

If you are afraid that an alcoholic neighbor may cause damage to your property (for example, start a fire in the house), then you should write complaints to the housing office so that the management company employees check the condition of the antisocial neighbor’s apartment. The results of the audit can become a powerful argument in court. But here it is important to know: in this case, the management company should file a claim, not the residents.

Measures taken in relation to noisy neighboring tenants

Art. 17 of the Housing Code of Russia provides that the use of residential premises is possible only if the rights of other citizens living nearby (in the same house, apartment - if we are talking about communal ones) are respected. If tenants, by their actions, constantly violate the legal rights of other tenants to silence, then this may become a reason to evict noisy neighbors from the house (apartment - if we are talking about a communal one) or even deprive them of their property rights to housing if a neighbor disturbs the silence - the owner of the residential premises.

Measures that usually precede eviction:

Administrative warnings;
Fines (administrative penalties).

We also recommend reading: what to do if your neighbors are noisy after 11:00 p.m.

Eviction of neighbors - tenants through court

Only the court can decide whether to evict a person from an apartment or not. Reasons accepted for consideration of a claim for forced eviction:

Termination of the period of validity of the lease agreement (Article 35 of the Housing Code of Russia);
The owner decided to terminate the lease agreement early (Articles 610, 687 of the Civil Code of the Russian Federation);
In the case where the tenants constantly violated the rules of public accommodation (Article 91 of the Housing Code).

To go to court you must:

Collect evidence on the fact of violation by tenants of the rules of general residence;
File a claim (it is better for the claim to be a collective one - it is advisable for as many neighbors as possible to sign it). In order for the application to be drawn up correctly and accepted for consideration, it is better if it is prepared by a lawyer;
The claim is filed at the place (address) of the housing location;
Ensure the attendance of as many witnesses as possible (representative of the management company, other neighbors, district police officer).

If the court's decision on eviction is positive, it is transferred to the executive service, which will monitor the process of eviction of tenants.

Evidence base

To make a court decision on eviction, you need a good evidence base. To establish all the facts of constant violation by tenants of the rules of public accommodation, you will need:

Copies of police reports documenting violations of public order by these citizens;
A written collective appeal to noisy neighbors;
Copies of complaints, appeals and statements to the administration and management company, responses to these complaints;
Acts of inspection of residential premises that were damaged due to the irresponsibility of neighbors;
Confirmation of debt for utility bills (this often happens with alcoholics);
Acts of inspection of neighbors' housing (if this act proves the misuse of residential premises by neighbors);
A copy of the SES report on the sanitary condition of the living quarters in which the neighbors live (people suffering from alcoholism can breed bedbugs or cockroaches in their apartment);
Copies of other documents that will confirm repeated attempts by neighbors, through conversations, public meetings and other legal measures, to influence neighbors who are violators of the order.

Sample claim

Now you can find a sample of any claim on the Internet. An eviction lawsuit is no exception.

What information must be included in the statement of claim:

Personal information about the plaintiff (plaintiffs - if this is a collective application);
Information about the court to which the claim is being filed;
Information about the property that is the subject of the dispute (address);
Information about the defendant(s);
The reason that served as the basis for the eviction;
Information on pre-trial measures to resolve the conflict;
The plaintiff(s) demands for forced eviction of tenants from residential premises;
Date of application;
Plaintiff's signature.

The list of documents attached to the claim is also indicated:

A copy of the statement of claim;
Document confirming payment of state duty;
Copies of the ownership agreement or social tenancy agreement for residential premises;
Documents evidencing the circumstances that gave rise to the claim.

Download a sample claim for eviction of noisy neighbors.

If it so happens that you have not the quietest neighbors, do not despair: immediately start looking for new housing for yourself, spoil your nerves with “showdowns”, etc. And giving up and resigning yourself is the last thing, because with such behavior you will only encourage the rowdies to continue in the same spirit. Stand up for your rights, and remember: the law in this case is on your side.

Author of the publication

offline 1 day

GarryB83

Comments: 0Publications: 1252Registration: 07/17/2018

Grounds for eviction of tenants

Conditions under which the landlord has the right to evict tenants:

Violation of rental agreements. To prove the fact of violation of the current contract, the landlord is obliged to provide supporting documents: an extract from the housing office (if there is no payment of utility bills), testimony of neighbors (in case of dishonest behavior), an inventory of the property located on the premises (if it is damaged).
Systematic late payments. The list of reasons why an owner may request early termination of a contract includes eviction for non-payment. The Civil Code determines that the landlord has the right to evict tenants in case of delay for two periods (if the contract was signed for a period of less than a year) and non-payment within six months in case of an agreement with a longer period.
Use of rented housing for other purposes. If the residential premises are not used for living, then, according to Article 17 of the Housing Code of the Russian Federation, such an action is considered a violation of current legislation. The owner has the right to contact the housing commission to draw up a protocol. If the norms of the law are met, the lessor terminates the contract in accordance with paragraphs of Article 687 of the Civil Code of the Russian Federation.
Neglect of the rules for caring for the owner’s living space and property. The tenant is obliged to compensate for all losses caused through his fault and resulting in damage to the owner’s property. In case of refusal of compensation, the owner must apply to the judicial authorities with a statement of claim to recover funds from the tenant.
The tenant does not fulfill agreements on payment of housing and communal services. If the contract stipulates the conditions under which the tenant is obliged to make utility payments, but he neglects his obligations, the owner has the right to evict him.
Misconduct. The tenant violates the rules of public order and creates uncomfortable living conditions for neighbors. The eviction procedure is carried out based on the decision and the availability of evidence. The employer is fully responsible for the actions of the citizens living with him. If the rules of the hostel are violated, the owner warns the tenants of responsibility. If the comments are ignored and the owner’s actions are not recognized as legal, they are denied further residence.

Disadvantages of eviction from an apartment without an agreement

If the parties have not entered into a rental agreement for housing, the conflict can bring negative consequences to both participants.

What does the owner risk?

The most adverse consequences occur for the lessor. Let's look at them in more detail.

Complaint to the tax authority

Most owners do not pay taxes on renting out an apartment. If the money is transferred by receipt, the tenant can complain to the tax office. The actions of the owner of the premises will be regarded as illegal business.

The landlord violates two articles of the Tax Code of the Russian Federation - and. He must pay tax on the funds received and file a tax return. The tax inspectorate will make demands to transfer obligatory payments to the budget, pay penalties and fines.

Administrative penalty

As a rule, residents stay in rented premises without temporary registration. If the owner allows such residence for a period of more than 90 days, he faces administrative liability under Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation. You will have to pay a fine of 2,000 to 5,000 rubles. If the property is located in Moscow or St. Petersburg, the fine will increase to 5,000-7,000 rubles.

Criminal liability

For non-payment of taxes, the owner may be prosecuted under Article 198 of the Criminal Code of the Russian Federation. If he rents out housing for a long time without drawing up an agreement, the tax debt can be large. In this case, the punishment becomes more severe. The owner will have to:

pay a fine of 100,000 to 300,000 rubles. or in the amount of earnings for 12-24 months;
stay under arrest for six months;
serve your sentence in prison for a year;
perform forced labor for 12 months.

Tax audit materials serve as evidence of a crime.

Inability to claim payment for rent

In case of illegal rental, the owner is deprived of the right to claim arrears of rent payments. In court, the owner will not be able to prove the basis for the tenant’s obligation to transfer money for the use of the apartment if he does not pay. Moreover, the judge may become interested in this case and inform the tax office about the fact of illegal business.

Damage to property

As a rule, the lease agreement stipulates the tenant’s obligation to maintain the premises in proper condition and to treat other people’s property with care. Penalties for property damage are also specified. If the agreement is not signed, it will be difficult to prove property damage. The costs of restoring the property will be borne by the lessor.

What is the tenant's risk?

The tenant is also not protected by the state. He must always be ready for eviction. Consider the adverse consequences for the employer.

Administrative responsibility

Most often, an illegal tenant lives in the premises without temporary registration. For this he may be brought to administrative responsibility. It occurs 90 days after check-in. In accordance with Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation, you must pay a fine in the amount of 2,000 to 3,000 rubles. If you do not have registration in Moscow or St. Petersburg, the fine will increase to 3,000-5,000 rubles.

Unauthorized change by the owner of the terms of an oral agreement

If there is no written agreement, the owner of the property can change the term of the tenancy agreement. The tenant will have to leave the premises earlier than planned. However, the prepayment may not be returned to him if the parties have agreed that rental payments must be made in advance for a month or a longer period.

Let's rent

If the premises are rented out illegally, the owner may move other tenants in with the tenant. Since there is no contract, he will not be able to force the landlord to evict third parties. As a rule, the prohibition of subletting is enshrined in a written agreement.

Where is alternative accommodation provided?

According to the same Article 40 of the Constitution of the Russian Federation, it is impossible to leave a person completely without a roof over his head. This is one of the reasons why evictions can take longer.

There is no clear answer to the question of where the neighbor will go if the court decides positively, because each case is individual. For example:

In some situations, you can even evict the owner. It is obvious that the share still belongs to him. Therefore, in such cases, he is obliged to sell or exchange his part of the residential premises. He may also be compensated for the cost. Such cases are the most difficult.
If the financial situation of the evicted person allows him to rent another premises, he will be forced to rent an apartment or simply move somewhere else. Then this will not be considered as deprivation of the right to housing.
If a person cannot afford to buy or rent another place to live, this case is the most problematic. Sometimes such cases drag on for six months or longer.

We discussed situations in which a person can be evicted without providing other housing, we discussed in a separate article, but is it even possible to evict an apartment if this is the only place a person has, read here.

If it is not possible to settle elsewhere, a person is provided with housing under a social tenancy agreement. But this will take time. For example, a tenant must not pay under the contract for a full 6 months in order to be legally evicted. Those who moved in without signing any papers are easier to expel.

Important! If a person is a former family member and he does not have the financial ability to move to another place, then the court may side with the defendant.

For example, a husband may be required to rent housing to his ex-wife at his own expense if she is unable to pay for it herself. Although this is not a mandatory outcome, it is acceptable. Such cases are very controversial.

It is better to initially discharge the registered people through the court, and only then evict them. This procedure can simplify the process.

Good reasons and compliance with the established procedure are required not only to evict people from a communal apartment. You will learn how eviction occurs in various situations from the following articles by our experts:

How can you evict your ex-husband if he is registered in the apartment?
How to properly evict a registered person from an apartment if he is not the owner?

Who and when can evict neighbors from a communal apartment?

Eviction from a communal apartment is not an easy or quick process. The procedure can take several months, and the initiators have to make remarkable efforts to prove to the court the need for such measures.

Attention! Eviction itself comes into conflict with the constitutional rights of a citizen, in particular, those outlined in Article 40. According to the mentioned legal norm, everyone has the right to housing and cannot be deprived of it on some whim without compelling reasons.

In addition, certain problems are created by the ambiguity of the legal status of communal apartments. There are three types of communal apartments:

in private ownership, privatized by citizens (is it possible to evict the owner from the apartment?);
in municipal property, rented out for social rent (we talked in detail about the grounds and conditions for eviction of citizens from municipal housing in this article);
mixed type, in which some rooms have specific owners, and some belong to the municipality.

Accordingly, owners or persons registered on square meters can live in them, tenants under various rental agreements (social, commercial), as well as tenants with or without a lease agreement (details on whether it is possible to evict a registered person from an apartment if he is not owner, read here, and from this article you will learn how to expel tenants from the premises).

Difficulties arise when eviction of any of the listed categories. Of course, the most difficult option would be to expel the property owner from the apartment. However, if there are compelling and proven reasons, this is possible.

Forced evictions take place in court. Persons whose rights and legitimate interests are violated by the presence of the owner or tenant on the premises have the right to file a claim.

Owners

It is extremely difficult to evict this category due to the fact that usually the only housing from which you cannot be evicted, according to the law (read about what to do if you are evicted to the street from your only housing and how to avoid it here). The interested parties are:

neighbors who are property owners with antisocial behavior;
local administration acting as the owner of the room in case of termination of the rental agreement or violation of its terms;
utility service providers, in case of debts (read more about whether they can be evicted from an apartment due to debt for housing and communal services, mortgages and other loans, here).

Read more about whether the owner can be deprived of housing and on what grounds, read here.

Tenants

Everything is much simpler here. Tenants can be evicted:

neighbors are owners;
landlord;
direct owner of square meters.

They are evicted at the end of the lease agreement or if its terms are violated. You can find out whether you can entertain your tenants in winter here.

Procedure for eviction from the only residence

Forced eviction from the only housing is dealt with by the court. Before going to court, you should warn the property owner about the planned relocation from the emergency premises, the need to repay the debt, and eliminate violations. If an agreement is not reached peacefully, a statement of claim is prepared.

How to file a claim?

The claim is drawn up according to the rules of Articles 131-132 of the Code of Civil Procedure of the Russian Federation. A single form has not been approved, so the document is filled out in any form.

The text must indicate:

name of the court;
details of the parties;
reasons for eviction;
information about pre-trial conflict resolution;
reference to regulations;
demand to expel the defendant from the apartment;
list of documents;
date and signature.

The claim is filed with the court through the office or sent by mail.

What documents should I prepare?

The plaintiff provides a package of documentation to support his claims. The composition depends on the specific situation.

A sample list includes:

applicant's passport;
power of attorney;
real estate documents;
social tenancy or sales contract;
mortgage agreement;
certificate of family composition;
witness statements;
certificate of inspection of the premises;
debt calculation;
other documents.

If necessary, the court may request additional evidence.

Period for consideration of dispute and eviction

Once a case is scheduled for hearing, it is considered in open court within 2-3 months. The court examines documents related to the case, hears the plaintiff and defendant, and involves third parties. After the decision is made, you need to wait until it comes into force.

For forced eviction, a writ of execution is issued. It is handed over to the bailiff. First, the defendant is asked to voluntarily leave the premises. If he does not agree or is hiding, the bailiff takes measures to find the defendant, prepares an eviction act and an inventory of the property. Documents are signed in the presence of the evicted person and two witnesses. If necessary, the district police officer and employees of the Ministry of Emergency Situations are invited.

What are we complaining about?

A dysfunctional neighborhood can result in a violation of a fairly wide range of rights of owners or tenants.

But in addition to rights, Russians also have responsibilities.

For example, a tenant must respect the rights of neighbors in an apartment, dorm or room.

The list of rights to a decent life is quite wide, but the main list is as follows:

right to silence;
to protect residential premises from damage and destruction;
to protect life and health.

Legislators provided for administrative and civil liability for violation of rights.

Liability measures are described in federal or regional administrative codes.

For example, for violation of the law on silence, Article 2.1, the administrative code of the Nizhny Novgorod region provided for fines:

for culprit citizens up to 2 thousand rubles;
for relapse – up to 5 thousand.

Article 2.1. Disturbing the peace and quiet of citizens

Committing actions (inactions) stipulated by the Law of the Nizhny Novgorod Region “On Ensuring the Peace and Peace of Citizens in the Territory of the Nizhny Novgorod Region” that violate the peace and quiet of citizens shall entail a warning or the imposition of an administrative fine on citizens in the amount of five hundred to two thousand rubles; for officials - from one thousand to four thousand rubles; for legal entities - from five thousand to twenty thousand rubles.”
Repeated commission of an administrative offense provided for in Part 1 of this article shall entail the imposition of an administrative fine on citizens in the amount of two thousand to five thousand rubles; for officials - from four thousand to fifteen thousand rubles; for legal entities - from fifteen thousand to thirty thousand rubles.

Punishment in the ruble may well calm down the neighbors.

Right to silence

Taking care of the health of citizens, the Russian Government obliged the administration of each federal region to develop and adopt a legal act regulating the observance of silence.

The law applies to everyone – both people and organizations.

The main task of such an act is to ensure peace and quiet for citizens.

The law must contain the following conditions:

about time frames (at what hours the peace of citizens should not be disturbed);
about influencing factors (by what actions the rights to silence are violated);
about the responsibility of the perpetrators.

The laws are different in all regions, but they have the same goal and similar criteria.

In the Nizhny Novgorod region, for example, peace of mind of residents is maintained under the following conditions:

a list of territories and objects subject to the law (any buildings, courtyards and territories where people live temporarily or permanently - houses, gardening societies, hospitals, sanatoriums, boarding schools, etc.);
You cannot disturb the silence from 22:00 to 7:00, and on weekends and holidays - from 23:00 to 10:00 (there is also a “quiet hour” - from 12:30 to 15:00 daily it is forbidden to disturb the silence).

Factors that disturb peace are also given:

stomping, loud screaming, singing, whistling, rearranging furniture, knocking, playing musical instruments;
repair and construction work;
playing loud radio, music, TV (including in cars);
Frequent and prolonged operation of car alarms.

The right to protection of housing from damage and destruction

Neighbors can poison life not only with noise, but also with damage to common communications or housing structures. Such actions may include:

failure to maintain internal communications in working order (for example, electrical short circuits or regular leaks leading to disruption of your utility networks);
illegal redevelopment (damage may be caused to load-bearing walls or ceilings);
use of the premises not for living (some residents set up industrial premises in a room or apartment - workshops, for example).

Protection of life and health

Neighbors can be not only noisy, but also dangerous. Below we will look at how to evict a rowdy neighbor?

Often in the news there are cases of fires or gas explosions, and the reason for this is smoking while drunk.

Coexistence with an alcoholic neighbor is like living on a powder keg. And the question arises: how to evict a drunk neighbor?

Careless handling of fire by an inadequate neighbor can lead to the fact that not only he himself will suffer, but also his neighbors, who will suffer huge losses. After all, fire is very voracious, and often not only dysfunctional apartments or rooms burn out, but also entire houses

After all, fire is very voracious, and often not only dysfunctional apartments or rooms, but also entire houses burn out.

Neighbors are fleeing the apartment

There are refrigerators with locks. You can even buy a used one. I categorically do not recommend cleaning the room, or if you clean it, then take up the same area with a closet, etc. otherwise they will survive at all. The same thing with the hallway - an old closet with a key. Yes, opening it is a piece of cake. but this is already a hack article. they won't risk it.

We must fight them using their own weapons. and you buy yourself two kittens: a boy and a girl, so that they breed and crap all over the apartment. then pick up stray dogs on the street. and bring them into the house. the stench will be just great. and then get yourself a trip for a week or two and go on vacation so that your pets are left to their own devices. then there will definitely be no trouble with the neighbors, as well as with the neighbors themselves.

We recommend reading: What is more reliable: a deed of gift or a will?

Eviction of tenants who are relatives

People who are engaged in renting out housing professionally, as a rule, try to avoid providing an apartment to their relatives under any pretext, even on the terms of payment for accommodation. At the same time, most cases of renting housing without a contract relate specifically to those situations where the tenants are relatives.

On the one hand, the law still supports the rights and opportunities of the apartment owner.
But on the other hand, there are a number of nuances that can complicate the eviction of such tenants.

So, for example, the court may oblige the owner of an apartment to provide a relative with the opportunity to live in the premises for up to 12 months, if he does not have the funds or income to rent an apartment/room, but at the same time has a job in the city where the housing is located, which he does not wants to leave.

The situation can also be complicated by the presence of children attending a kindergarten or school located next to the house where the apartment in which they temporarily reside is located. The same applies to children who, for whatever reason, have lost their guardians.

Of course, such situations do not deprive the owner of the opportunity to evict tenants who were granted a lease without concluding a contract. But the process of vacating the living space itself will be delayed.

Arbitrage practice

Cases of this kind have begun to be considered more and more often, as confirmed by reviews of judicial practice prepared by the Supreme Court.

Problems in court arise when:

presentation of utility debts, if payment has been made at least once;
establishing the fault of neighbors' activity at night;
unwillingness of the defendant to comply with the decision;
errors encountered during the procedure by the bailiff.

In the latter case, it is possible to challenge the decision or delay its execution.

It is important to seek legal assistance in a timely manner in order to defend your rights during the review process and avoid eviction

Is it possible to evict a person from his only home?

Judicial practice shows that a citizen can be expelled from an apartment even if it is the only place to live. The scope of application of such a measure depends on the status of residential real estate.

From my own

The hardest thing is to leave the owner of the apartment without an apartment. According to Article 446 of the Code of Civil Procedure of the Russian Federation, he cannot be deprived of housing, which is the only one suitable for living. The Constitutional Court of the Russian Federation clarified that such residential real estate falls under property immunity (Resolution No. 11-P dated May 14, 2012).

Eviction of citizens from their own homes is carried out in exceptional cases. Thus, it is impossible to live in an apartment if it is confiscated for government needs, is subject to demolition, or is declared unsafe. In exchange for the previous residential premises, the owner is provided with equivalent real estate or monetary compensation.

The Ministry of Justice proposed to specify the procedure for confiscating the only residential property from the owner. It is planned to supplement the law on enforcement proceedings with Article 78.1. Property will be confiscated only to fulfill demands for alimony, compensation for health damage, in connection with the death of the breadwinner caused by a crime.

From the municipal

Citizens living in a municipal apartment on the basis of a social rental contract are at risk. Articles are devoted to the issue of eviction from an apartment - Housing Code of the Russian Federation. Since the tenant only has the right to use rented housing, he is allowed to be expelled from municipal housing even if it is his only place of residence.

With the provision of comfortable housing

In the case where the eviction is carried out in connection with the recognition of residential real estate as unsafe, its seizure for state needs, or due to other objective circumstances, the tenant is relocated to another equivalent place of residence.

With the provision of other living quarters

If a tenant does not pay for utilities and the use of residential real estate for more than six months, he may lose his only place of residence for debts. In exchange, they provide another living space with a smaller area.

Without providing other residential property

A tenant may be left without a place of residence if he systematically encroaches on the interests of his neighbors, does not comply with the rules of residence, or neglects his property. By court decision, he is expelled without being provided with another apartment.

From official

A service apartment is provided to an employee for the duration of his work in the organization. After termination of the employment contract, he must vacate the premises. A citizen can be evicted early if he violates the rules of residence, damages property, or has utility debts.

From mortgage

The apartment may be repossessed for mortgage debts. When concluding a loan agreement for the purchase of residential real estate, a pledge is imposed on it in accordance with the mortgage law. It serves as security for the debtor's obligation to the bank. In case of debt, the credit institution has the right to apply to the court to foreclose on the housing.

The Supreme Arbitration Court of the Russian Federation takes the position that the mortgagee has the right to claim a mortgaged apartment regardless of whether the debtor has other real estate or not (Resolution of the Plenum of November 26, 2013 in case No. A65-15362/2009-SG4-39).

Grounds and methods for eviction of tenants from a communal apartment

So, we have determined that if the tenant does not violate the rules of residence and does not give reasons for early eviction, then the owner cannot kick him out before the end of the contract. What if he violates it? Can an apartment owner evict a tenant for any reason, and in what way can he do this?

Reasons

There are several grounds for eviction of residents of communal apartments:

expiration of the commercial lease agreement;
malicious violation by the tenant of the legal rights of neighbors (noise during off-hours, rows, organization of a brothel, etc.);
debt for housing and communal services or rent (usually more than six months, debt for one or two months cannot serve as a reason for eviction, unless this is specified in the contract);
creation of unsanitary conditions in living quarters;
using the room for other purposes (converting a living space into an office, warehouse, store, etc.);
unauthorized move-in of a tenant (without the consent of the owner);
deprivation of parental rights.

There are two possible eviction scenarios:

Providing alternative living quarters, in accordance with Art. 85 Housing Code of the Russian Federation.
Eviction without provision of other housing, that is, to “nowhere,” according to Art. 91 Housing Code of the Russian Federation.

Difficulties arise if disabled people, minors, elderly people, and single mothers with children have to be evicted. In such cases, the court especially carefully considers the financial situation and legal status of the tenants.

The procedure for voluntary eviction from a communal apartment

As stated above, eviction from a residential premises can be voluntarily or by court decision (forcibly). Let's consider the algorithm of actions for voluntary eviction.

If the owner has determined that the tenant is violating the terms of the contract, then he must communicate his desire to evict the tenant by serving him with a notice or complaint. They indicate the violation, as well as the period (from the date of receipt of the claim) during which the tenant is obliged to vacate the premises and sign the act.
The claim can be delivered personally to the violator or sent to him by mail. The period for vacating the premises begins from the moment the notification (claim) is received.
At the agreed time, the owner and the tenant meet in the housing, inspect the room, and if the parties are satisfied with everything, they draw up an act of acceptance and transfer of the residential premises. If any shortcomings are identified (for example, property is damaged), this is indicated in the act, indicating the approximate cost of its restoration.
The act is signed by both parties. If someone refuses to visa him, then you can invite two neighbors who record this fact with their signatures.
After all this, the owner begins to manage the premises.