What can bailiffs do with the debtor’s only home?

Reasons

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In order for a citizen to be evicted from privatized housing, there must be compelling reasons, which include:

misuse of housing (for example, as a production facility or storage facility), although the owner has the right to dispose of the apartment at his own discretion, he cannot do this to the detriment of the interests of other residents of the house, violating the rules of general use;
redevelopment that does not comply with the law, carried out without obtaining the appropriate permit, in violation of building codes;
long absence from the place of registration;
dissolution of the marriage union, if the privatization of the apartment took place before the wedding and the plaintiff is the sole owner;
sale of living space;
inappropriate behavior of a tenant;
declaring a citizen dead or missing;
the presence of debts for housing and communal services or an overdue loan;
identification of fictitious registration;
expiration of the temporary registration period.

Law

Eviction from a privatized apartment is regulated primarily by the Housing Code, as well as the Civil and Family Code:

Article 31 of the RF LC deals with expulsion due to the end of close relationships;
in Article 36 of the RF IC - in connection with divorce;
in Article 292 of the Civil Code of the Russian Federation - in connection with the preparation of an apartment for sale;
in Articles 683 and 685 - due to the end of the temporary registration period.

Eviction from a privatized apartment

Eviction from a privatized apartment has its own characteristics, and the procedure depends on the grounds for deprivation of housing for those living in it.

Owner

The right to evict a citizen who owns a home appears in the following cases:

in case of improper use of the premises;
with systematic neglect of the rights of other owners;
if there is debt on a loan or utilities;
in the absence of repair work carried out in the housing and its transition to emergency status within a short period of time.

Not the owner

The expulsion of a person who is not the owner of the property and who is not registered is carried out through the involvement of law enforcement officers. Since such a person does not have the right to use, it is absolutely not necessary to go to court to evict him.

Police officers, within the framework of the law, can exert the necessary psychological influence on the evicted person, and he will vacate the premises.

It is important to act exclusively within the legal framework, without crossing the permitted boundaries, otherwise the citizen himself may file a lawsuit with a complaint of abuse of official authority.

Former spouse (husband)

The procedure for eviction of a former spouse is easiest to carry out if the privatization of housing was carried out before the marriage. If this happened after the marriage, and the spouse renounced his right to privatization, then expulsion without his consent is impossible.

It will be possible to achieve eviction only if the refusal to privatize the property occurred due to the fact that the ex-spouse had previously taken part in the privatization process related to another property.

Minor children

The procedure for evicting children under the age of majority from living space is extremely complex, but possible. In particular, when a child lives with his mother after the parents’ divorce, the court may recognize him as a former member of the father’s family and discharge him from the latter’s living space. True, this is only allowed if the child and his mother are discharged at the same time. It is impossible to discharge the mother while leaving the child registered.

A mandatory condition for the discharge of minors is the presence of representatives of guardianship authorities during this process. Otherwise, the eviction is considered not to comply with the law.

Employer

As a rule, tenants agree to vacate voluntarily after warning from the property owner. However, if the employer does not respond to convictions, you should contact the police.

It is extremely important that the owner himself acts exclusively in accordance with the law and has a rental agreement signed by the tenant.

For housing and communal services debts

In accordance with Article 90 of the Housing Code, if there is a debt of more than six months for utilities, tenants can be evicted, but they are required to be provided with other housing (usually a room in a dormitory).

At the same time, the presence of debt cannot be the only reason for eviction of a person from a privatized apartment. In addition, there must be at least one other reason for discharge.

For the noise

You can evict a noisy tenant if there is testimony from at least a couple of neighbors included in the protocol by the district police officer. After recording a violation of public order, you should file a complaint with the local self-government body.

Read about the procedure for eviction through court. Can I be evicted from an apartment for non-payment of the mortgage? See here.

For rowdy

The norms of domestic legislation make it possible to evict citizens classified as rowdy without any problems. In such cases, complaints from neighbors or evidence of damage to property will be considered sufficient grounds.

Brest Regional Unitary Enterprise "Housing and Communal Services Management"

Why can you be evicted from a privatized apartment? Is it true that noise complaints from neighbors can be the basis? The Zarya.by reader’s question was answered by the Public Unitary Enterprise “Housing and Communal Services Management”.

– The procedure for the use of residential premises, maintenance of residential, utility and auxiliary premises, common property of joint household ownership in residential buildings of state and private housing funds (except for premises in dormitories and special residential premises) is determined by the Rules for the use of residential premises, maintenance of residential and auxiliary premises, approved by resolution of the Council of Ministers of the Republic of Belarus dated May 21, 2013 No. 399.

Clause 7 of the Rules establishes the rule that citizens are required to use televisions, radios, tape recorders and other loud-speaking devices only if audibility is reduced to a degree that does not disturb the peace of other citizens in a residential building.

From 11 p.m. to 7 a.m., actions that create vibration and noise should not be performed (including through playing musical instruments, loud speech and singing, using pyrotechnics, performing household (repair) work, performing manual loading and unloading operations, abruptly closing doors , keeping pets and other activities).

Permissible and maximum sound levels in residential premises must comply with Sanitary Standards (clause 37 of the Sanitary Standards, approved by Resolution of the Ministry of Health dated August 20, 2015 No. 95). In this case, an acceptable level of noise is one that does not cause significant disturbance in humans and does not cause significant changes in the indicators of the functional state of systems and analyzers that are sensitive to noise.

Responsibility for violation of the Rules is established by Art. 21.16 of the Code of the Republic of Belarus on Administrative Offences. In case of violation, you should contact the organization that operates the housing stock or provides housing and communal services in your area with a written statement. But it is worth considering: utility organizations work until 18.00, and various kinds of rowdies often disturb the peace of citizens in the evening and at night. In this case, the injured party should contact the police by calling 102. This statement will subsequently be transferred to the utility organization at the place of residence.

As for the procedure and grounds for eviction of citizens from residential premises, including those acquired through privatization, it is regulated by the Housing Code of the Republic of Belarus as amended on January 1, 2020 and other acts of legislation.

As explained by the first deputy general director of the Public Unitary Enterprise “Housing and Communal Services Management” Gennady KAMENETS, according to Art. 137 of the Housing Code, if the owner of the residential premises has, without good reason, a six-month debt (for six months in a row) in payment for housing and communal services, reimbursement of electricity costs, or if he has been brought to administrative responsibility three or more times during the year for violating the Rules, making it impossible for others, living with him in the same apartment or residential building, limiting the rights and legitimate interests of other citizens by these actions, the local executive and administrative body is obliged to warn the owner in writing about the need to repay the debt or eliminate violations. If he does not comply with the above requirements or continues to violate the Rules, the local government authority has the right to file a lawsuit to force the owner to alienate the residential premises for compensation.

If the Rules are violated by adult citizens, former family members of the owner, who have the right to own and use residential premises and do not have a share in the common ownership of this residential premises, then according to Art. 89 of the Housing Code, they can be evicted only at the request of the owner without providing another living space.

Source of information Zarya

Procedure

To achieve the desired result, that is, the eviction of a certain person from the living space, it is imperative to collect documentation and evidence that will serve as the basis for starting the process.

Going to court

To accept the application by the court, care must be taken to ensure its proper execution:

in printed form;
indicating only true data;
with attached copies of documents certified by a notary.

The claim must include the following information:

name and location of the judicial authority;
Date of preparation;
detailed information of the plaintiff, including full name, passport details and address;
grounds for eviction;
list of attached documents;
number of the receipt for payment of the state duty.

Required documents

The list of required documents may differ slightly in each specific situation, but in general it looks like this:

identification;
a document confirming the right to housing;
extract from the house register;
cadastral passport;
utility payment receipt;
certificate of marriage and dissolution of marriage;
written complaints from residents with signatures;
a receipt confirming payment of the state duty;
expert opinion on the presence of damage to housing.

Filing a claim

An application for eviction must be filed in the court of general jurisdiction located at the place of residence.

It is sent along with the documents to the secretary of the judicial body in person or by e-mail. The legislation allows a two-month period for hearing the case, after which a decision is made.

A sample letter of claim for eviction is presented here.

Payment of state duty

The obligation to pay the state duty rests with the citizen filing the claim. The amount is usually 0.3 thousand rubles for individuals and 6 thousand for legal entities.

The court's decision

The decision regarding eviction occurs directly in the courtroom after the completion of the consideration of the claim. The parties are given a 10-day period to appeal.

If the decision is positive, then the defendant must vacate the occupied space within a specified period. In some cases, in return for this, he is given a place in a dormitory.

For what debt?

The law does not establish an exact amount for eviction from a residential premises. It varies depending on the individual circumstances of the situation.

Eviction is possible:

For the employer. An amount equal to 6 months of utility bills and the cost of renting an apartment.
For the borrower. In accordance with the terms of the agreement.
For the owner. Considered individually.

However, the main condition is that the amount of debt matches the cost of the apartment. That is, eviction for a debt of several thousand rubles is impossible.

Who can't be evicted?

As of 2021, the legislation does not allow the following citizens to be expelled from their living space:

who live in the apartment in accordance with the rental agreement;
those who left prison;
who were mistakenly considered missing or dead;
who inherited living space in accordance with the will;
living in an orphanage and underage;
a spouse in the case of a marriage contract, according to which housing is considered joint property;
children if one of the owners opposes this;
family members who do not have other housing and sufficient funds for rent.

Find out if you can be evicted from your only home. Do you need a sample letter of claim to evict your ex-spouse? Information here.

Is it possible to defer eviction by court order? Details in this article.

How to evict a person from an apartment through court

If a citizen is not the owner of the apartment, but is registered in it, evicting him from the living space will not be easy. First, it must be deregistered, thus depriving the person of registration in this apartment. This can only be done through a trial; it is the court that decides whether it is possible to deprive a citizen of the right to use living space. The positive or negative outcome of an event depends on the facts and conditions provided. Your task is to collect the maximum amount of facts and evidence.

Conditions for eviction from an apartment

Only the owner of the living space can register a registered individual, or in the case of municipal housing, registered persons have this right. The necessary conditions are:

Does the citizen occupy the living space or is he not staying there for a long period of time?
Are payments made for services provided by utilities, or are funds not transferred?
Is a registered citizen a family member or not?
If there are several owners, will they unanimously sign the application?

Forced eviction from an apartment is a complex task and requires the fulfillment of a number of mandatory conditions. If an individual was previously registered in the living space, then there were good reasons for this. And to deprive him of this right, convincing arguments will be required.

Municipal apartment – what you need to know

A list of standard conditions has been created under which eviction from an apartment is carried out, regardless of the current registration. In some cases, eviction is possible if another living space is provided. In what cases is this possible:

The building where the living space is located is considered unsafe and unfit for habitation or is prepared for demolition.
The house is planned to undergo major renovations, and as a result, residents will need to be resettled.
Regular residents do not pay utility bills for at least six months.

It is worth understanding that new housing will be provided at a rate of at least 6 square meters per individual.

Without providing another housing space in place of this one, a citizen registered in a municipal apartment may be evicted if:

It was immediately registered in violation of current legislation.
I lost the right to use this apartment.
The period for the right to use the living space has already expired.

Privatized apartment - what you need to know when moving out

Only the owner can remove a registered tenant from a privatized housing space. In order to evict a citizen who has reached the age of majority, it is necessary to present to the court a number of compelling evidence confirming a violation of current legislation. A difficult moment will be the eviction of a person who has not reached the age of majority:

Is the child registered in the living space where his parents are registered and live? It is allowed to discharge him only with one of the parents.
Do your parents not live together? The court decides to evict the child from one parent and place him with the other.

The presence of members of the guardianship and guardianship is mandatory in court. All issues related to the eviction of a minor will be studied especially carefully; insufficient facts and evidence give the court the right to make a decision in favor of the minor.

Change of owner

Sometimes it happens that after purchasing a living space, it turns out that there is already a registered person there. The problem is discussed with the ex-owner of the property, since all registered individuals are required to vacate the living space when the owner changes. However, the registered citizen himself may object and will not want to voluntarily leave the living space. It is necessary to go to court if such a problem arises. The court satisfies such applications and the tenant will have to leave the apartment even if there is no other housing.

It is necessary to carefully study this issue when purchasing real estate, since the registered individual may turn out to be an incapacitated citizen or a person with disabilities. In such cases, the court is no longer so strict and asks the new owner to wait to resolve the issue. If a disabled tenant has nowhere to go, the resolution of the issue is most often delayed.

Eviction from an apartment without the consent of the tenant

To forcibly evict a citizen who is not the owner of the living space, it is necessary:

Try to talk to him without the participation of the parties involved, asking him to certify all the necessary papers.
Contact a lawyer for help.

If the evicted person does not have the opportunity to represent his interests in court, the presence of a trusted person is possible. When going to court, you need to have a completed statement of claim, an invoice for payment of state fees and a list of arguments proving the need to evict the citizen listed in the documents.

Eviction for debt

If a registered citizen systematically does not pay utility bills, the owner of the living space has the right to sue him. The owner himself is in no danger if he can prove that the debts arose due to the registered residents, and not through his fault. Accumulated debt obligations can lead to the forced eviction of an individual, and repayment of debts can be made from the registered property. Similar reasons may contribute to eviction if payments for services have not been paid for six months or more. Utility workers can be involved as witnesses.

When applying for assistance from the court, you should understand that the process can take a long time. All documents should be prepared, properly certified, they will be needed during the proceedings.

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Arbitrage practice

The procedure for evicting people from the housing where they are registered, especially if this is done forcibly, often turns out to be complex and time-consuming.

As judicial practice on eviction from a privatized apartment shows, claims are filed especially often in cases where the reason for eviction is a long-term failure to pay utility bills.

In the event of an eviction of an owner who has significant debts, the property is put up for auction to pay them off. Bailiffs in the FSSP body are responsible for the execution of proceedings.

Legislation allows citizens to defend their rights if, in their opinion, the latter have been violated. You can avoid eviction if you prove your good faith by presenting payment receipts, witness statements and other documents.