Statement of claim for eviction of illegal residents from an apartment

Going to court

Forced eviction of tenants is a last resort measure that can be applied by the court only if facts are established that the tenant (or members of his family) have systematically committed guilty actions.

In this case, the court will take into account whether measures were taken to resolve the conflict pre-trial.

Where to go

Disputes involving eviction issues are subject to consideration in courts of general jurisdiction. These are usually district courts.

A complaint against their decision can be filed with the supervisory authority, which will be the city court. In Moscow, for example, such an authority is the Moscow City Court.

The next supervisory authority is the Supreme Court of the Russian Federation.

Procedure

You can be evicted without providing other housing on the following grounds:

Eviction with the provision of other comfortable housing is carried out at the rate of 6 sq. meters of living space per person (Article 105 of the Housing Code).

This measure is an extreme measure and is applied only if the payment for housing was not paid without good reason.

The court can make such a decision only if there is significant evidence and only after thoroughly studying all the facts and circumstances of the case.

A decision to evict will not be made if:

• the tenant is in arrears for less than 6 months;
• the reason for not paying the fee is due to a difficult financial situation;
• illness;
• non-payment of wages to the employer,

In this case, most often the court sets a period for the tenant during which the debt must be repaid.

Article 85 of the Housing Code provides for the opportunity to evict a tenant by providing him with comfortable housing if:

1. The house is subject to demolition.
2. Housing is transferred to non-residential stock.
3. The housing is uninhabitable.
4. As a result of the overhaul, the area of ​​housing occupied by the tenant will change, which will significantly reduce or increase the total area occupied by the tenant.

The body that made the decision to demolish or reconstruct the house is obliged to provide the evicted persons with another housing from the appropriate funds.

Article 89 of the Housing Code provides that if eviction is carried out on the grounds stated above, the housing provided in replacement must:

• meet all livability requirements;
• be equal in area;
• located within the same locality.

Sample statement of claim for eviction from a municipal apartment

When drawing up, the following requirements must be included in the claim:

What parts does it consist of?

Structure of the claim:

In addition, the plaintiff may appeal to the defendant to pay compensation for:

Read how to evict a person from a municipal apartment here.

Read court practice about eviction from a hostel here.

Who should sue

As a rule, the initiator of the expulsion of citizens from housing provided under a social tenancy agreement may be:

Additional documents

Depending on the situation that led to the need for eviction, the following must be attached to the claim:

How to properly file a claim for eviction

The statement of claim for eviction is drawn up according to certain rules, must be written in legally and grammatically correct language, and must not contain offensive definitions or vague descriptions. The document must contain the following points:

1. The so-called “hat”. Located in the upper right corner. Indicate: the name and address of the court to which the claim is filed and personal information about all participants in the process. Below in the center is the name of the document: “Statement of Claim for Eviction...”.
2. Descriptive (motivational) part . In this part, the plaintiff describes the preamble of the claim, describes the facts and circumstances of the case that serve as the basis for the plaintiff’s position: information about the disputed residential premises;
3. who is the owner of the apartment and on what basis;
4. information about all residents;
5. whose and what rights the defendant violated;
6. what is the violation?
7. grounds (1) for eviction;
8. information about attempts at pre-trial (2) settlement of the dispute.

The document must be printed in several copies (according to the number of participants in the process). If the plaintiff files one copy of the claim, registration of the application will be refused.

1. When describing the grounds for eviction, the plaintiff must confirm that the residential premises are in his ownership, and on what grounds, and also list everyone living in this apartment, including himself. Next, he indicates the person he is asking to evict and the grounds (with references to points of legislation) on which he makes the demand.
2. A necessary item in the statement of claim. If the plaintiff did not try to implement the pre-trial procedure for resolving the dispute, then the court may refuse to consider the claim. To confirm the pre-trial procedure for resolving the situation, the plaintiff may refer to a written demand/notification/warning to the violator on the part of the plaintiff, as well as testimony of witnesses.
3. In this paragraph, the plaintiff must indicate the address of the residential premises from which he wants to evict the defendant and a petition to forcibly evict the violator. In the same paragraph, the plaintiff can petition to summon witnesses in the case, as well as request any document or certificate (in the event that he himself cannot obtain them, for example, the bank will give an extract from the defendant’s bank account only at the request of the court) .

Eviction of a registered person from a municipal (non-privatized) apartment

After living for a long time under a social tenancy agreement, many citizens consider the apartment to be in fact theirs, although legally it does not belong to them. Residential premises throughout their use are the property of the municipality; the rules for the use of municipal apartments are determined by the laws of the Russian Federation.

This is important to know: Claim against a branch of a legal entity

The same laws establish the reasons why citizens living in municipal apartments can be evicted without their consent, even if they have lived in the premises for decades.

Is it possible to evict a registered person from a municipal apartment?

But, having received such an apartment, many forget that they can use it in accordance with the rules and violation of the rules of residence in the apartment can serve as a reason for eviction. Eviction can be:

• with the provision of alternative living quarters;
• without providing other housing (on the street);
• voluntary, in this case the tenant himself travels to another residential premises or to another locality;
• forced, that is, without the consent of the employer (possible only through the court).

The legislation of the Russian Federation provides for three different scenarios for eviction from municipal residential premises at the initiative of the owner:

1. Relocation to equal or more comfortable living quarters . Typically, such relocation occurs in the event of any force majeure circumstances, which may include the planned demolition of a residential building, its upcoming reconstruction, or recognition of the house as unsafe or unfit for habitation.
2. Eviction to a living space of a smaller area or less comfortable . Most often, these are situations with persistent defaulters on utility bills. The plaintiff in such cases is the local municipality.
3. Eviction without provision of alternative housing . This drastic method of expulsion from a municipal apartment is applied to malicious disturbers of the peace of other residents, to citizens who deliberately caused harm to residential premises, and in a number of other cases. Provides for a lengthy and complex proceeding in which the court considers all the pros and cons of eviction, since the tenant is actually evicted to “nowhere.”

Statement of claim for eviction from a private home

Grounds for eviction from a private home may include:

1. Foreclosure of a property . It is possible in the case of a material lawsuit if the defendant has no other material assets to fulfill it. In this case, the house is seized, the former owner is evicted, the house is sold at auction, and the proceeds from the sale are used to pay off debts under claims. Foreclosing on a residential building is impossible if the defendant does not have alternative housing.
2. Malicious violation of the rules of residence . These could be violations of sanitary and epidemiological regulations, for example, breeding a huge number of livestock in close proximity to neighbors’ plots, or violation of fire safety rules. In other words, actions that result in the creation of unbearable living conditions for others, or that directly threaten their life and safety.

Grounds, reasons, in what cases they can evict

On what grounds is it possible for a tenant to evict their municipal housing? To begin with, let’s figure out what a tenant in a municipal apartment must do under a social tenancy agreement. He is obliged:

• maintain order and not create unsanitary conditions;
• monitor the serviceability of all communications in the residential premises;
• carry out cosmetic repairs on time;
• do not make noise at night and do not create problems for neighbors;
• pay all utilities on time;
• use the living space for its intended purpose
• long-term residence at another address, especially if the citizen lives there in his own apartment.

But if the violations are long-term, and no admonitions have any effect on the citizen, then the prospect of being kicked out of the apartment becomes quite real.

Let's look at violations that can cause eviction in more detail.

Absence from residence

A common case. The citizen is registered in a municipal apartment, but has long ago acquired another residential premises and has been living there for a long time.

Damage to property

By damage to property, the law means not only, for example, deliberate arson, but also unauthorized redevelopment of residential premises. Often such residents create a threat of structural collapse if, for example, they demolish a load-bearing wall.

Debts for housing and communal services

The main reason for eviction of tenants of municipal apartments is long-term debt on utility bills. If such debt exists for six months or more, the municipality has every right to initiate the eviction of the tenant.

Deprivation of parental rights

According to the law, parents deprived of parental rights do not have the right to live together with a minor child.

Who cannot be evicted

The following categories of citizens may never be evicted under any circumstances:

1. Minor children or incompetent citizens. These persons are under the protection of the guardianship and trusteeship authorities, which, in turn, will never give permission for eviction.
2. Poor citizens. People who have severe financial difficulties cannot afford to pay for rented housing, much less have the opportunity to buy residential premises, that is, if such citizens are evicted, they will a priori remain on the street.
3. Old-age pensioners, disabled people of the first and second groups, WWII veterans.
4. Orphans. If eviction is inevitable (in the case of resettlement of a residential building due to its demolition, etc.), the orphan must be provided with alternative living quarters with living conditions that are not inferior to the previous ones.

Nuances

Evicting different categories of tenants has its own nuances. Let's look at some of them.

If a citizen is registered in a municipal apartment

Having permanent registration will not protect against possible eviction. If the tenant maliciously violates the terms of the social rental agreement, interferes with the quiet life of neighbors, or behaves inappropriately, eviction through the court will most likely follow.

Lives without registration

There are cases when the municipality does not enter into a social tenancy agreement, but allows temporary occupation of residential premises. As a rule, the period of residence in this case is agreed upon in advance, and after the expiration of this period, residents must vacate the premises. In this case, either voluntary or forced eviction is possible.

With consent

Any tenant of a municipal apartment can terminate the social tenancy agreement at any time and leave the premises by notifying the owner (the municipality).

Without agreement

If the tenant constantly violates the terms of the contract, the owner can file a lawsuit for eviction. If the court decision is positive for the apartment owner, the tenant has two options: leave the premises voluntarily, or wait until he is forcibly evicted. Forced evictions are carried out by bailiffs; in cases where the employer blocks the bailiffs’ access to the residential premises or prevents them from executing a court decision, the latter can involve employees of the Ministry of Emergency Situations and police officers.

Who is an illegal resident

The legislator defines the following categories of citizens who are recognized as illegal residents:

1. Persons who have moved into an apartment without permission. For example, a family moved into an abandoned house, cleaned it up, and later it was determined that it was someone else's property.
2. Persons whose lease agreement or other agreement under which housing was provided has expired (employment agreement in the case of a service apartment).
3. Persons who have lost the right to use an apartment on the basis of family kinship (former spouses).
4. Persons who systematically violate the terms of the rental agreement (non-payment of utilities, damage to property, etc.).

Before going to court to evict illegal tenants, you can try to convince them to move out of the apartment voluntarily.

It is worth understanding that the only way to force residents to leave the apartment forcibly is to obtain a court decision on this. Contacting the police will only help you record the fact of a violation.

How to evict a registered person from a municipal (non-privatized) apartment

The law defines eviction from municipal housing as the termination of a social tenancy agreement and the subsequent expulsion of residents from the apartment they occupy. This process can be initiated by:

• manager of residential premises (municipality);
• a representative of the housing inspectorate (if cases of damage to residential premises or violations of the operation of the apartment are identified);
• neighbors (in case their rights are violated);
• OOP (if it is necessary to resettle parents deprived of parental rights).

Procedure, algorithm

The eviction procedure must follow a certain algorithm:

1. Complaint to municipal authorities. This could be a collective complaint from neighbors, or a notification to the management company that there is arrears in utility bills.
2. A warning to the tenant about the inadmissibility of his actions and the upcoming eviction if the tenant does not correct the situation. The notification is issued by the owner of the residential premises, in this case the local government body.
3. Preparation of documents and drawing up a statement of claim for eviction in court.
4. Transfer of the claim to the judicial authority at the location of the residential premises.
5. Participation in litigation.
6. Obtaining a court decision.
7. Deregistration of the defendant with the Department of Internal Affairs.
8. Forced eviction with the participation of the SSP, the Ministry of Emergency Situations and the police.

Documentation

The following documents are attached to the eviction claim:

1. Any identification document if the initiator of the eviction is an individual.
2. Power of attorney to conduct the case and identification card if the plaintiff is a representative of the administration.
3. Social tenancy agreement for disputed residential premises.
4. Receipt for payment of state duty.
5. An extract from the house register, which contains information about the tenant and all members of his family.
6. Cadastral passport of residential premises.
7. Copies of the statement of claim (according to the number of participants in the process).

Evidence base

In addition to the above documents, the plaintiff must substantiate his claims with documentary evidence, which may include:

1. Extract from the personal account. Necessary in case of eviction due to debts on utility bills.
2. Conclusions of SES, BTI, housing maintenance organization, etc. These documents are necessary to prove the facts of illegal redevelopment, damage to apartment property, and unsanitary conditions in the residential premises.
3. Written testimony of witnesses. Provided that these people subsequently give oral testimony in court.
4. Law enforcement records. Will be required in case of improper behavior of the employer.
5. A court decision on deprivation of parental rights has entered into force. Necessary in case of eviction of a father (mother) deprived of the right to raise a minor.

Cost, terms

The cost of state duty for legal non-property claims is 300 rubles.

Sample statement of claim for eviction from a municipal apartment

The statement of claim for eviction must contain the following information:

1. The exact name and location of the judicial authority in which the claim is being filed.
2. Information about all participants in the process.
3. Preamble. Here the plaintiff must indicate: the exact address of the disputed residential premises;
4. ownership of residential premises;
5. information on the number of residents in the apartment (list adult residents, then minor children);
6. the grounds on which the plaintiff goes to court;
7. information about pre-trial settlement methods and the defendant’s reaction to them.

This is important to know: Claim for libel and protection of dignity: sample

Sample statement of claim for eviction from public housing

Who can file an eviction claim in court?

The legislator emphasizes that only the owner of the property can file a claim for eviction from an apartment of those illegally living there. It can be:

• individual;
• municipal administration;
• entity.

If the basis for eviction is illegal residence, then third parties (neighbors) do not have the right to go to court. They can send a complaint about the improper behavior of residents and violation of their rights to the owner of the apartment, and he must contact the justice authorities if he considers it necessary.

With or without provision of other housing

They can be evicted from a municipal apartment with the provision of alternative living quarters, or “to nowhere.”

The first option of eviction occurs in the following cases:

• the premises have lost their residential status;
• the house must be demolished;
• the property is declared unsuitable for habitation;
• the house is subject to reconstruction;
• The tenant has been in arrears on utility bills for more than six months.

Eviction under the second option (without provision of alternative housing) occurs in the following cases:

• unauthorized residence in an apartment;
• deprivation of parental rights;
• use of housing for other than residential purposes (not for its intended purpose);
• malicious violation of the rights of neighbors;
• illegal redevelopment.

Statement of claim for eviction from a privatized apartment

Unlike municipal residential premises, when evicting from privatized apartments, the initiator is an individual who owns the residential premises on the basis of a purchase and sale agreement, or who received the apartment by inheritance, as a gift.

Prescribed

The owner of a residential premises may evict another registered tenant on the following grounds:

1. Divorce . In the event of a divorce, a spouse who is not the owner or co-owner of the apartment ceases to be considered a member of the owner’s family and is subject to eviction.
2. Debt on utility bills . Such cases are possible when tenants occupy residential premises on the basis of a commercial lease agreement, that is, the owner of the apartment allows tenants into it who are late in utility payments.
3. Antisocial behavior . It is possible to evict both those living under a rental agreement (tenants) and family members of the apartment owner.
4. Conscious (intentional) damage to property . There are cases when a non-owner, living and registered in a privatized apartment, carries out illegal redevelopment, or commits other actions as a result of which the residential premises become unusable. In this case, the owner has the right to demand that the tenant bring the apartment to its previous condition, and if the tenant does not comply with the demands of the apartment owner, to evict him.

Not registered

Citizens living in a privatized apartment without registration are considered to have moved in without permission, that is, living illegally. Evicting tenants living in an apartment without registration is not particularly difficult. To do this, it will be enough to contact law enforcement agencies.

Owner

The judicial practice regarding the eviction of the owner stands apart. Such eviction is extremely difficult and impossible without very compelling reasons. The grounds for eviction of the owner may be:

1. Long-term non-payment of utility bills . To initiate an eviction for non-payment of utility bills, the utility debt must be at least six months old. The eviction occurs “nowhere”, the residential premises are confiscated from the debtor, sold, the proceeds are used to pay off the debt, the money remaining after the debt is paid is transferred to the former owner.
2. Inappropriate use of residential premises . Eviction is possible only if the owner poses a threat to the life and health of others. No alternative accommodation will be provided.
3. Significant damage to neighbors . Based on Art. 293 of the Civil Code of the Russian Federation, if the owner of a residential premises maliciously violates the rights of neighbors or allows the destruction of an apartment, he may be deprived of the right of ownership of his housing. In this case, the apartment is also sold, and the proceeds from the sale, after deducting all legal costs, are transferred to the offender. No alternative accommodation is provided.

Arbitrage practice

Judicial practice on claims for eviction from municipal housing shows that, in percentage terms, evictions with and without the provision of alternative housing are approximately equal. Therefore, let’s look at both eviction options using examples.

Example 1. Eviction with provision of other living quarters.

A resident of a two-room municipal apartment, citizen Neverov, regularly incurred debts on utility bills. He previously paid off these debts, but recently stopped paying his bills completely. For more than six months, the administration tried to collect the debt in court, but Neverov did not officially work anywhere, and on this basis refused to pay.

The local government body filed a claim to terminate the social tenancy agreement and evict the offender from the apartment he occupied.

The court, having considered all the circumstances of the case, decided to terminate the social tenancy agreement and remove the defendant from registration in the two-room apartment he occupied. In exchange for the apartment from which the defendant must be evicted, oblige the local government to provide the defendant with alternative housing in accordance with social standards.

Neverov was evicted from the apartment, and in return he was given a room in a dormitory.

Example 2: Eviction without provision of alternative housing.

Spouses Nikolai and Elena Vorobyov lived with their young daughter in a municipal apartment. Nikolai recently began to abuse alcohol, repeatedly beat his wife, and then raised his hand to his young daughter.

Elena turned to the PLO for help. An employee of the guardianship authorities visited the Vorobyov family, talked with neighbors, who confirmed that screams and noise were constantly heard from Nikolai and Elena’s apartment, and children’s crying was often heard.

The case was brought to court, which deprived the father of parental rights in relation to his young daughter. Since the spouses were not the owners of the residential premises, but occupied the apartment under a social tenancy agreement, Elena, with the help of the PLO, filed a claim for the eviction of Nikolai Vorobyov on the grounds that he was deprived of parental rights and could not live with his daughter in the same residential premises.

Court decision: evict the defendant from municipal housing without providing alternative housing.

Any eviction is a disaster for the tenant of a residential premises, especially if the initiator of this procedure demands eviction without the provision of other housing. The real prospect of being left on the street can make anyone panic. But you shouldn’t give in to panic.

It is necessary to carefully study the statement of claim for eviction, the evidence and grounds to which the plaintiff is appealing, and try to find some subtle points in the applicant’s position. If you have received a subpoena for an eviction lawsuit, the most correct step is to contact a competent lawyer who can understand the case and understand the judicial perspective of this claim.

If the lawyer considers the grounds for eviction to be significant, it is worth trying to resolve the problem even before the start of the trial.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then

:

• describe your situation to a lawyer in an online chat;
• write a question in the form below;

Three stages of the procedure

The eviction procedure can be initiated both by residents and other tenants, and by local authorities.

The whole procedure can be divided into three parts:

1. Pre-trial – before the start of the trial, the tenant must be warned about the possible consequences. This is done by conducting an explanatory conversation with him, issuing a warning or imposing an administrative fine. It is desirable that all these preliminary measures are either carried out in the presence of witnesses or recorded in writing (in acts, protocols). These documents may then be needed in court.
2. Judicial - if all preventive measures have not brought results, a representative of a government agency or a tenant has the right to sue the violator. To do this, you need to file a claim for eviction from a non-privatized apartment (statement of claim), pay the state fee and collect the necessary documents.
3. Post-trial – this stage occurs only if a positive court decision is made in the eviction case. If the tenant does not want to move out even after presenting a written decision, bailiffs are involved in the case. Forced eviction is carried out in the presence of two witnesses and with the preparation of relevant documents: an inventory of property and an eviction act.

Sample eviction act and property inventory.

At this point, the eviction procedure is considered completed, and the violating tenant finally loses his right to continue living in the apartment.

Judicial practice on eviction from a municipal apartment.

Eviction from a municipal apartment

The rules for using municipal housing are determined by the Housing Code of the Russian Federation. Most often, eviction from a municipal apartment occurs voluntarily due to the termination of the tenancy agreement and the former tenant moving to another place of residence. It happens that an employer violates the rules of residence in rented housing, places an office there, and does not pay utility bills on time. In such a situation, he may be forcibly deprived of housing. In this article we will look at the grounds and procedure for eviction.

Is it possible to evict citizens registered in it from a municipal apartment?

Municipal housing is owned by the municipality. Citizens live there on the basis of a social tenancy agreement.

The tenant has only the right to own and use residential real estate. Since the rented apartment is his permanent place of residence, he applies for registration for himself and his family members.

In accordance with Article 67 of the Housing Code of the Russian Federation, a citizen living in a municipal apartment is obliged to monitor the condition of the property, carry out routine repairs, pay rent on time and pay utility bills. If the employer does not comply with these conditions, even the registered person can be evicted.

On what grounds are evictions from an apartment carried out?

The grounds for eviction are established by Articles 84-91 of the Housing Code of the Russian Federation. The legislator divides them into three groups.

With the provision of comfortable housing

A citizen may lose his apartment through no fault of his own. If he does not violate the terms of the social tenancy agreement, municipal authorities are obliged to provide other comfortable housing. Let us consider in more detail in which cases eviction is carried out with the provision of another place of residence.

House demolition

If the housing is in poor condition, the floor materials and walls have worn out by more than 70%, it is considered unsafe. A special commission decides to demolish the house. It is entered into a special register for relocation on a first-come, first-served basis (see relocation from emergency housing). In emergency situations, residents are evicted immediately.

If immediate eviction is not planned, then it is carried out within a year from the moment the house is declared unsafe.

Seizure of land under the house

The seizure of a land plot under a residential building is carried out exclusively for state and municipal needs. For example, for the construction of roads, the construction of gas supply facilities, defense, and the nuclear industry. The decision is made by state and municipal authorities. Residents are notified in advance of the need to move to another apartment.

Transfer to non-residential premises

A municipal apartment located on the ground floor of a house can be transferred to non-residential premises. Since the property is owned by local authorities, they have the right to dispose of it at their own discretion. If the municipality decides to rent out residential premises for an office or a store, it is removed from the non-residential stock. The tenant is offered other housing of equal comfort and size.

Recognition of an apartment as unfit for habitation

The procedure for declaring an apartment unfit for habitation is established by Decree of the Government of the Russian Federation of January 28, 2006 No. 47. The basis is harmful environmental factors that threaten the safety of life and health of citizens. These include avalanches, landslides, man-made accidents, and high background radiation. The decision to recognize housing as unsuitable is communicated to the tenant. After this, he is moved to another apartment.

Carrying out major repairs

In the case where the owner plans major repairs or reconstruction, he finds out whether the residential premises transferred to social rent will be affected. If construction work leads to a change in the area of ​​the apartment or it is not preserved, the tenant is offered another place of residence.

Transfer of housing to a religious organization

It happens that residential premises of the municipal fund are transferred to religious organizations for a temple, monastery, or other religious needs. According to Part 8 of Article 5 of Law No. 327-FZ of November 30, 2010, this can be done after the eviction of tenants living there on the basis of a social tenancy agreement with the provision of another apartment.

This is important to know: Limitation period for arbitration cases

When evicting with the provision of comfortable housing, one should be guided by the explanations of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated July 2, 2009 No. 14 (clause 37). The new place of residence must be landscaped taking into account the conditions of a particular locality. The total area of ​​the premises cannot be less than the previous apartment. The number of rooms should remain the same.

With the provision of other living quarters

, does not pay utility bills and rent for premises for six months , he may be evicted. This rule also applies to members of his family (Article 90 of the RF LC).

Instead of the previous housing, the defaulter is provided with another place of residence. It must be suitable for habitation. The size may be smaller, but not less than 6 sq.m. for one person. The premises are allocated from the housing stock for social use in the same locality.

When deciding on eviction on this basis, the validity of the reasons for which the debts arose is taken into account. These include long-term non-payment of wages, illness, and the presence of disabled people in the family (clause 38 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated July 2, 2009 No. 14). If the court finds mitigating circumstances, the tenant will retain his place of residence.

Without providing another place of residence

Eviction without the provision of another apartment is carried out due to the guilty actions of the tenant.

Before depriving citizens of their place of residence, the following mandatory conditions must be met:

• identify facts of systematic illegal actions;
• establish the guilt of the offender;
• warn about the need to eliminate violations.

It will be necessary to collect evidence confirming the presence of all of the above conditions simultaneously.

Let's take a closer look at what serious violations the tenant and his family members are subject to eviction for.

Damage to living space

If residents systematically and purposefully destroy structural elements of an apartment , such actions are regarded as neglect. They can result in damage to windows, floors, walls, doors, and plumbing. First, the employer receives a notice from the owner demanding that he stop the illegal behavior. If he continues to damage property, municipal authorities will use an extreme measure - eviction.

Violation of the rights and interests of neighbors

Regular neglect of the rights and interests of neighbors leads to the impossibility of living together.

The municipality has the right to deprive a tenant of an apartment if he:

• violates fire safety rules;
• does not comply with sanitary, hygienic, environmental and other requirements;
• allows noise at night (loud music, TV);
• exceeds the permissible volume due to construction work;
• engaged in animal breeding;
• commits hooligan acts.

Witness testimony may be used as evidence of the employer’s unlawful actions.

Use of the apartment for other purposes

It happens that an employer uses residential premises as non-residential premises. For example, he places an office in it, organizes a warehouse, and is engaged in industrial activities. If the owner did not give his permission for this activity and did not change the status of the property, the residents must return the apartment to its original condition and use it for its intended purpose. Otherwise, they will be evicted without providing another place of residence.

It is allowed to engage in professional activities in a municipal apartment. For example, creativity, science, legal consulting. At the same time, the employer must not disturb the neighbors and must comply with fire safety and sanitation requirements (clause 39 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated July 2, 2009 No. 14).

Deprivation of parental rights

Without providing another place of residence, citizens deprived of parental rights are evicted. You will need to obtain a court decision declaring it impossible to live together with children. The initiators of eviction are the guardianship authorities, the prosecutor or the legal representatives of the minor.

How to evict a citizen from public housing?

There are two options for eviction of a tenant: voluntarily and through the court. In the first case there are no problems. The parties draw up an agreement to terminate the social tenancy agreement. Then the citizen is discharged and moves to another apartment. If there is a disagreement between the parties, the dispute is resolved in court.

Who has the right to go to court?

Most often, the initiator of eviction is the municipality. Neighbors, prosecutors, and guardianship authorities also have the right to file a claim.

How to file a claim?

A statement of claim for eviction is drawn up according to the rules of Articles 131-132 of the Code of Civil Procedure of the Russian Federation. The document is drawn up in triplicate. One is handed over to the court with a package of papers, the second is sent to the defendant, the third is returned to the plaintiff with a registration mark.

The claim must indicate:

• name of the court;
• information about the plaintiff and defendant;
• information about the apartment;
• details of the social tenancy agreement;
• reasons for eviction;
• requirement to evict the tenant with or without the provision of housing;
• application list;
• date and signature.

You can also file a motion to call witnesses to the hearing to confirm the reasons for the eviction.

What documents should I attach?

The claim is accompanied by papers substantiating the claim.

A sample list of documents includes:

• social rental agreement;
• technical documentation;
• extract from the personal account;
• passport;
• protocols of regulatory authorities on violations;
• housing inspection reports;
• receipt of payment of state duty (300 rubles).

Additionally, you may need a divorce certificate and information about a change of residence.

Deadlines for making a decision

The minimum period for consideration of a dispute is 60 days. If the defendant does not appear at the hearing, a counterclaim is filed, motions are filed, it is extended.

After the decision is made and it enters into legal force, the tenant must vacate within 3-7 days . If he refuses to do this voluntarily, the municipality resorts to the help of bailiffs.

Where to submit

As a general rule, a claim for the eviction of illegally residing in an apartment is subject to consideration in the district court of general jurisdiction, which serves the territory in which the disputed apartment is located. After all, a priori the defendant lives there, and the legislator obliges the application to be sent to his place of residence. That is, it does not matter whether the person is registered in the apartment or not.

You can submit a claim with a complete package of documents in the following ways:

• through a representative to a judicial authority;
• by letter with a simple notification and a list of investments at any post office;
• courier service;
• in person to the court office.

Regardless of the method of sending the application, you should have confirmation in your hands that the application has been accepted. This may be a receipt issued on a separate form and a stamp with the date and signature of the employee who accepted the application.

What nuances arise during the eviction procedure?

In practice, the question often arises of how to evict temporary residents, ex-spouse, and minor children of the tenant from a municipal apartment.

Temporary tenant

It happens that the tenant, with the consent of the owner, allows tenants with temporary registration into the premises. A social tenancy agreement is not concluded with them. After the period of residence has expired, the citizen must vacate the premises. If he does not do this voluntarily, the issue is resolved in court . In this case, the tenant does not have the right to be provided with another place of residence.

Former spouse

According to the rules of Articles 69-70 of the Housing Code of the Russian Federation, the tenant’s spouse is registered in the apartment with his written consent. If he has ceased to be a member of the tenant's family and continues to live with him, he retains the same rights as before the divorce.

The former spouse cannot be forcibly evicted at the request of the employer. He has the right to enter into a separate agreement with the owner of the property and independently pay his share for the use of the apartment and utilities.

Judicial practice allows depriving a former spouse of a place of residence in the following situations:

• he has not lived in an apartment for a long time;
• the citizen moved to another place;
• there are debts on bills.

If one of the grounds exists, you should apply to the court for eviction.

Minor child

Eviction of a child is possible only after the parents. At the same time, they must have another place of residence with registration. If the parents divorce, the minor retains the right to live with either of them. Even the deprivation of parental rights does not affect this.