Statement of claim for eviction

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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.

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?

The laws of the Russian Federation give the right to housing to every citizen of the Russian Federation, while low-income citizens can use this right by receiving apartments in non-privatized residential premises of the state or municipal housing stock.

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.”

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.

If all these obligations are violated, the tenant of the premises may be evicted. Of course, if a tenant has delayed utility payments for a couple of months, even without a good reason, or once or twice disturbed the peace of neighbors after school hours, he will not face such harsh measures.

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.

A long absence from the apartment can be grounds for eviction, especially if the tenant does not monitor the municipal apartment, which, if left unattended, can become a problem for neighbors, or has sublet the premises to noisy tenants who violate the rights of other neighbors.

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.

Also, intentional damage to property means a gross violation of sanitary standards, for example, cluttering an apartment or having a huge number of pets.

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.

Of course, this does not mean that as soon as the tenant has accumulated a utility debt for more than six months, he will immediately be evicted. Often, the municipality does not have alternative residential premises to which it will be obliged to relocate the negligent tenant after a court decision on eviction, so local governments try to solve the problem in another way: they sign a debt restructuring agreement with the violator, or file a claim for forced collection of the debt under communal apartment.

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.

And since the right to housing of minor citizens is protected by the state, such parents are evicted from the residential premises where the child is registered.

Grounds for eviction

In accordance with the Housing Code of the Russian Federation and some other legislative acts, these include the following situations:

1. Prolonged lack of payment of utility bills for the apartment . The obligation to pay for utilities is one of the main ones for every tenant, so if there are no payments for six months or more, the debtor may be evicted from the apartment for non-payment of utilities. The exception is situations when the tenant has compelling reasons for non-payment and their documentary evidence.
2. Using the premises for purposes for which it is not intended . Most often, this violation includes conducting commercial activities in the apartment, organizing animal shelters, etc.
3. Violation of the rules of residence in a residential area , as well as behavior that violates the rights of other residents. An example would be noise and repair work at the wrong time, drunkenness, drug addiction, hooliganism and other antisocial actions.
4. Causing damage to the apartment or property of neighbors - according to the rules, the tenant must take care of the property of the housing stock, otherwise he will lose his right to live in the apartment.
5. Carrying out major repairs and reconstruction in the house . If, after completion of the work, living conditions have worsened (for example, the area of ​​the apartment has decreased), the residents must be provided with new housing.
6. Transfer of premises from residential to non-residential - in this case, its residents also cannot continue to live in it and must move to another apartment provided by the state. A special case here may be the situation when an apartment or house is given into the ownership of a religious organization.
7. The impossibility of further residence of a parent with a minor child (for example, as a result of deprivation of parental rights). In this case, the citizen is subject to immediate eviction from the apartment.
8. Illegal residence in housing (for example, in the case of unauthorized occupancy) - only tenants and members of their family who have entered into an appropriate social rental agreement can live in a municipal apartment. It is illegal for other citizens to be in the apartment.

In some cases, all residents of the apartment , that is, the tenant and members of his family, are subject to eviction, regardless of who actually violated the rules of residence (for example, for debts).

Read about how to evict tenants who don't pay rent here.

In most cases, eviction is forced and only through court proceedings. However, voluntary eviction is also possible - the tenant has the right to terminate the contract at any time and move to another property.

This is important to know: Letter of intent to lease non-residential premises: sample

Also, the contract terminates in the event of the death of the tenant. You can also evict the owner of the premises from an apartment, how this happens and why, read here.

The right to housing and its inviolability is one of the basic constitutional guarantees of every citizen. Therefore, issues related to eviction are under special legal protection.

This procedure can occur in two forms:

• voluntarily - in this case, the landlord and the tenant agree on eviction, and the latter himself agrees to vacate the premises;
• forcibly - occurs without the desire of the tenant and only in court, if there are grounds for this and significant evidence.

It is also possible to distinguish types of eviction depending on who initiates this procedure : representatives of the state or municipal housing stock to which this apartment belongs or other residents (for example, neighbors or family members of the tenant).

Depending on the available grounds and in accordance with Art. 84 of the Housing Code of the Russian Federation, eviction can be divided into the following types :

• with the provision of other comfortable residential premises under social tenancy agreements;
• with the provision of other residential premises under social rental agreements;
• without the provision of other living quarters.

The first type most often includes situations where citizens are evicted from a dilapidated or demolished house.

also be provided with other social housing in cases where the reason is prolonged non-payment of utility bills.

If a tenant violates the rules of living in the house and the interests of neighbors, then he will be evicted without providing him with other housing. Read about evicting noisy neighbors in this article.

Consultation with lawyer Oleg Sukhov. Topic of video consultation: Eviction from a municipal apartment

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.

Reasons

The right to live in municipal housing is granted to those who have entered into a social rental agreement with the municipality. Usually the contract is concluded for an indefinite period, which is established by Part 2 of Art. 60 Housing Code of the Russian Federation. As a result, the tenant and other persons registered in the apartment have the right to lifelong residence.

But according to Art. 83 of the Housing Code of the Russian Federation establishes exceptions when tenants can be evicted. In this case, a forced eviction procedure is used. The legislation does not allow arbitrariness, which requires a court decision on eviction from a municipal apartment. It is possible to evict without providing housing in return. This measure is intended to eliminate violations of housing legislation and the rights of other persons.

The following grounds are identified for depriving citizens of the right to live in municipal apartments without providing alternative housing:

1. systematic failure to pay utility bills;
2. use of the apartment for commercial needs or non-residential needs;
3. destruction of the apartment;
4. creating a situation that could endanger the lives of other residents of the house;
5. change of owner of the house.

In exceptional cases, such a decision can be made without a court decision, but only on the orders of the prosecutors. This is possible in cases where residents continue to live in a house that has been declared unsafe. The order is also possible in relation to persons who occupied residential premises without permission.

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.

It is impossible to determine the exact period during which eviction will occur. Everything will depend on many factors: counterclaims, appeals, complaints - all this can drag out the process for quite a long period of time. Sometimes trials for eviction from public housing last several months, sometimes such litigation lasts more than a year.

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.

Sample statement of claim for eviction from public housing

How to file a claim correctly

Only after this can a statement of claim be filed. It must have a clear structure containing:

• introductory part (the so-called header);
• descriptive part;
• operative (claims).

Introductory part

In the header of the statement of claim, the plaintiff must indicate:

1. Details of the judicial authority to which the claim is filed (name and address). As a rule, the claim is filed in the district or city court at the location of the residential premises.
2. Details of all parties to the process. It is necessary to indicate the last names, first names and patronymics of all participants in the court hearing, as well as their addresses and, if possible, telephone numbers and E-mails.
3. Name of the claim.

Descriptive part

In this part, the plaintiff must set out the grounds for forced eviction:

• indicate whose property the residential premises are located;
• list all residents and name the circumstances why they were moved into the apartment;
• name the grounds on which the tenants should be evicted (termination of the lease, divorce, etc.);
• information that the tenants were warned about the impending eviction and about their reaction to the notification, for example, “the defendant was repeatedly warned, including in writing, that he must leave the premises, but did not take any measures for voluntary eviction ";
• information about witnesses, for example, neighbors, who can confirm evidence of inappropriate behavior by residents.

This is important to know: Preliminary lease agreement for non-residential premises: sample

The operative part

In this part, the plaintiff indicates a requirement to evict the tenant from the area he occupies. It is necessary to indicate the exact address of the residential premises from which the plaintiff demands to evict the defendant. Here the plaintiff must indicate all witnesses with a request to summon them to the court hearing. Also, the plaintiff must, in addition to the last name, first name and patronymic of each witness, provide their address and, if possible, telephone number.

After the operative part there is a numbered list of all attached documents, as well as the date and signature of the plaintiff.

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.

All of the above violations must be proven documented.

No other accommodation provided

Systematic and malicious violation of housing rules leads to the eviction of the tenant without the provision of other housing. But we need to understand what exactly is meant by such resettlement. The reasons are contained in Art. 91 of the RF Housing Code – let’s look at them in more detail.

In what cases are they evicted “to nowhere”:

1. Regular violation of public order, conflicts with neighbors.
2. Debt to housing and communal services for a period of more than 6 months (Read, “Is it possible and how to check out of an apartment with debts?”).
3. Use of housing for other purposes (for example, creating an office or warehouse).
4. Damage to property in the apartment.
5. The evicted person was deprived of parental rights in relation to the child.
6. Expiration of the social rental agreement for an apartment (not renewal).

These facts must be proven in court. Verbal identification of reasons for eviction is not permitted.

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.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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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.

This is important to know: Real estate trust management agreement: sample

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: