How to evict neighbors from a communal apartment

Can I be evicted from a communal apartment?

According to current legislation, communal apartments can be in private (common or shared) or municipal ownership. But the Civil and Housing Codes do not contain any restrictions on the ability to rent them out to individuals.

The legal status of the tenant is as follows:

an individual who is a temporary user of residential premises;
is not its owner;
is obliged to pay for the provided utilities;
make a mandatory payment for the use of residential property to its owner (the main tenant, if the housing is municipal).

Based on these legal grounds, we can come to the unequivocal conclusion that tenants are citizens who temporarily use housing for their residence and do not have any rights to receive it as property. Therefore, they can be moved in or out of an occupied living space.

The other side of these legal relations is that, like the owners, tenants have their own rights, therefore, if they are moved in legally and for a certain period of time, the owner of the residential premises can evict them only on the grounds specified in the Law.

It is necessary to remember that tenants living in residential premises have the right and must be temporarily registered in it. This causes concern for many homeowners because they believe that they could lose their property in this way. But temporary registration does not provide any opportunity to obtain ownership of the property (part of it).

You can read more about how to evict a temporarily registered tenant in this article.

Sharp corners when interacting between residents

Improper use of living space

A communal apartment, being a residential property, should be used only for living. If you use a share in a communal apartment as a non-residential property (for example, as a warehouse or office for receiving visitors), this may cause discontent among neighbors and lead to conflicts.

Moreover, using part of a residential property for other purposes is a direct violation of the law, namely the Housing Code. This can lead not only to problems with the housing plan, but also to administrative or civil liability.

Repair and rules for its implementation

If the issue of repairs is urgent, then residents can make a general decision to carry it out. If the premises were inspected by specialists sent by the housing management company, then as a result an act and an estimate will be drawn up (if the specialists decide that repairs are necessary).

In this case, expenses will be divided between the owners in proportions corresponding to their shares.

Cigarette smoke

Smoking harms not only smokers, but also people nearby. Unfortunately, this issue is not spelled out in any regulatory act. That is, there is no ban on smoking in communal apartments.

The best option is to resolve the conflict situation peacefully. You will still have to live under one roof, and it is better to make sure that everyone is comfortable. If the situation gets out of control, it can be resolved through the courts. In this case, smoking in a common area will be equated to using the area for personal needs. Then a ban can be imposed by court. But this is an extreme measure, and any extreme measures always entail a number of negative consequences.

The simplest solution may be to gather a council of residents and establish general rules that will suit everyone. This will improve mutual understanding between neighbors and ensure comfortable coexistence. The main thing is not to forget that all residents, without exception, must adhere to the rules.

Pets and problems of keeping them

Loving animals is wonderful. But not everyone can provide them with proper maintenance, especially in a communal apartment. Getting a German Shepherd and keeping it in a ten square meter room while being at work for more than eight hours is not only wrong for the animal, but also for your neighbors. A large animal left alone will not know where to put its energy, and can not only cause damage to property, but also disturb neighbors with noise: barking, scratching.

But even keeping small animals or birds can become a problem. Allergic reactions, foreign odors and much more are reasons for acute conflicts.

The Housing Code says nothing on this topic, but such serious issues must be approached wisely. Not only evaluate your strengths and conditions for keeping pets, but also coordinate your intentions to have them with your roommates.

Grounds for eviction

According to the norms of the Civil Code of the Russian Federation, there are the following grounds for eviction from a communal apartment:

the end of the rental period, if the owner and tenant have not expressed a desire to extend their contract;
if the employer repeatedly violates public order (silence, peace of neighbors);
in cases where there is a failure to pay for housing and communal services, because the tenants refuse to pay them, or have incurred arrears (if this is determined by the terms of the lease agreement);
if the tenants have created unsanitary conditions in the living quarters;
in cases where tenants deliberately rendered the apartment's engineering equipment (water supply, sewerage) unusable, or carried out illegal redevelopment;
if the residential premises are not used for their intended purpose, that is, citizens are moved in there, the list of whom is not in the rental agreement, the housing is subleased (to third parties), it is used for storing things, goods, objects, as well as flammable and explosive substances;
when tenants lead an antisocial lifestyle, that is, they abuse alcoholic beverages, take substance abuse, and use narcotic substances;
in case of violation of payment terms to the owner for the use of residential premises.

This is an exclusive list of circumstances on the basis of which the owner of a real estate property may demand forced eviction.

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.

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Eviction methods

Now let's look at the methods of eviction. According to established legal practice, there are two ways to terminate a tenancy agreement:

voluntary, that is, termination of the lease agreement by mutual agreement;
forced, that is, eviction through a court decision.

In the first case, the person who provided his living space for rent and the tenant by mutual agreement terminate their legal relationship. That is, the tenant evicts from the occupied housing (takes things out, puts it in order), and the owner takes over the apartment, drawing up a corresponding act (a copy of which is given to the tenant).

In the second case, the rental relationship is terminated early (before the end of the rental period). This can happen on the basis of a claim by the owner of the property, and its fulfillment voluntarily by the tenant, or by a court decision with the involvement of bailiffs.

It is important to know that when tenants (individuals) move into residential premises, a rental agreement for residential premises is always drawn up, not a lease. This is directly stated in the norms of the Civil Code of the Russian Federation. Therefore, if the owner and the tenant draw up a rental agreement, it is not valid, that is, it does not create any rights and obligations for the parties.

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.

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.

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.

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Evictions of tenants from a communal apartment

Based on the established practice of renting communal apartments, they are rented to tenants with or without a tenancy agreement. Therefore, the eviction process in each individual case has its own characteristics.

According to the lease agreement

If a tenancy (lease) agreement has been concluded between the owner and the tenant, then eviction will only occur by decision of the court or by mutual consent.

Eviction if there is no lease agreement

If there is no hiring agreement, then the algorithm of actions changes slightly.

It must be said right away that the legislation regulating the procedure for registering citizens in residential premises (including communal apartments) obliges their owners to register all tenants.

If this requirement is not met, then a fine may be imposed on the owner for a person living in his residential premises without registration (if this fact is detected by the police or migration service).

Therefore, in order to evict a tenant who lives without a tenancy agreement, you simply need to notify him of the time during which he is obliged to leave the premises (for example, one week) and hand over the keys to the owner.

You can read more about drawing up a notice and demand for eviction at this link

If the employer refuses to do this, then you can call the police and inform them that the person is living illegally. Without a rental agreement or a certificate of temporary registration in hand, the tenant will be required to leave the premises. Otherwise, he may be subject to an administrative fine. In this case, there is no need to go to court.

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.

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).

Arbitrage practice

In principle, judicial practice in cases of this category is on the side of homeowners. Summarizing it, you need to pay attention to several important points.

The owner of the property is obliged to confirm the legal fact of concluding a rental agreement for residential premises. The norms of the Civil Code of the Russian Federation clearly state that such an agreement must be drawn up in writing (notarization is not required) and registered with Rosreestr (if the tenant will live in the apartment or house for more than one year). If this is not observed by the parties, then the hiring is considered fictitious and the court rejects the claims.
If the owner of the property tries to evict the tenant from the occupied space for reasons other than those clearly listed in the Civil Code of the Russian Federation, then the courts will refuse such claims. The motivation is that there is a clear list of grounds for terminating the tenancy agreement, and if the defendant’s actions do not fall under them, then he has the right to continue to use the residential premises.
If the stated claim contains requirements of a substantive nature, that is, compensation for any damage, then the plaintiff may demand its indexation taking into account the interest rate of the Central Bank of the Russian Federation and the inflation index.