Municipal housing means a property that is owned by the municipality and is included in the regional housing stock. Local authorities have the right to rent out this area for certain categories of citizens.
A person living in public housing is not an owner, but a tenant. Therefore, certain restrictions are imposed on his actions in relation to real estate. What is noteworthy is that the option of privatization is allowed - then you can get additional opportunities in relation to the object.
Written confirmation of temporary ownership of the area is either a social tenancy agreement or a residence order. By decision of the judicial structures, a registered person may be deprived of the right to continue to reside in municipal property.
Eviction can be carried out for several reasons; the initiators can be not only the authorities, but also other persons. The main points are clarified in the provisions of the Housing Code of the Russian Federation - the rights and obligations of users of rental real estate are also reflected there.
Grounds and conditions
According to the norms of the Housing Code of the Russian Federation, the eviction of a person from municipal housing is carried out according to two schemes: with the allocation of another area for living and without providing a replacement.
The first case is characterized by the following reasons:
- Assigning emergency status to the premises.
- Approval of the decision to demolish the building.
- Recognition of a house or apartment as unsuitable for further residence.
- Carrying out major repairs or reconstruction of a structure, in connection with which the size of the area of a municipal apartment will be adjusted up or down. If an increase occurs, the square footage per person prescribed will not correspond to the values specified in the relevant agreement. In the case of a reduction, in addition to the reason stated above, it is quite possible that it will become impossible to comply with the standards - then residents will be automatically transferred to the category of those in need.
- Local authorities decided to transfer the living space to religious organizations. The specifics of this process are specified in the Federal Law “On the transfer of property to religious organizations...”.
- For failure to pay utility bills for a period exceeding six months.
Replacement is provided according to the area standards specified in Russian legislation for one person - six square meters.
Eviction from a municipal apartment without the provision of other housing is carried out by the state in the event of a citizen’s obvious failure to comply with the law or the tenancy agreement:
- The tenant occupied the apartment without permission - without the mandatory permission of local authorities, supported by an agreement or warrant.
- Deprivation of parental rights, due to which the former parent cannot continue to live with the minor.
- Use of the premises for purposes other than its intended purpose.
- Regular failure to respect the interests and rights of neighbors.
- Intentional damage to municipal property.
- Redevelopment not agreed with the owner.
- Expiration of the period of residence. If the deadline is agreed upon in advance, the area must be vacated on a specific date. Otherwise, residents are given a week.
If the above items are identified, the landlord notifies the citizen and family members of the need to level out the detected violations. For example, if the destruction of a property is confirmed, local authorities give residents time to restore the damage. If the errors are not corrected within the specified period, eviction occurs through a judicial procedure.
Procedure for eviction of a registered person from a municipal apartment
Eviction of a registered citizen from municipal housing can be carried out upon reaching an agreement between the parties to the conflict or by a court order. The key objective of the event is to deprive a person of the legal right to use specific real estate.
If there are the grounds described above and the positions by which they can be confirmed, the procedure for eviction is ensured subject to a certain sequence of actions:
- A statement of claim is drawn up - it is recommended to either use the services of a lawyer or carefully study the requirements for drawing up the document.
- The claim, evidence and receipt for payment of the state duty are sent to the court division at the defendant’s place of residence.
- During court proceedings, the validity of the decision to evict is confirmed.
- After a positive ruling is made, the implementation of further actions is the responsibility of the bailiffs.
- The registered person is documented to be evicted from the living space - deregistered.
- The citizen moves to another apartment provided by the municipality - if it was allocated.
This procedure for depriving the right to stay in housing with this status was adopted back in 2009 and enshrined in the relevant Resolution of the Supreme Court of the Russian Federation.
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.
Statement of claim
When drawing up a statement of claim, it is considered necessary to ensure compliance with the standards and requirements of current Russian legislation. The contents of the document are specified in Article 131 of the Housing Code of the Russian Federation. Thus, according to its provisions, the following information must be reflected in the claim:
- Contact information about each side of the conflict. You will also need to provide address information.
- The name of the court responsible for conducting the proceedings, its legal address.
- The requirement to carry out the procedure for eviction of a person from municipal housing - it is important to briefly, but as informatively as possible, state the essence of the controversial situation.
- Evidence base – the list of documents that are attached to the statement of claim is specified.
Supporting positions are the basis for the case, and the court makes a decision taking them into account. The following positions are used:
- An extract from a personal account can be purchased at the Housing Office. With its help, it is established that a citizen has arrears in paying for housing and communal services for more than six months.
- An act of a commission group that conducted a survey of municipal real estate to confirm the fact of damage to the apartment by registered persons, be it illegal redevelopment or destruction of utility lines.
- Documented testimony from neighbors about the citizen’s non-compliance with their interests or rules of residence.
- Protocols of law enforcement officers confirming situations with violations of the silence regime or the rules of the law prescribed by the person;
- Technical papers.
- Certificate in form No. 9.
You will also need a document according to which the citizen is registered in the apartment: a social tenancy agreement or a residence order.
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.
Who can become a plaintiff?
The following persons have the right to act as initiators of the procedure for eviction of a citizen from a municipal property:
- the landlord or owner of the living space - usually this is the local administration;
- housing inspection - after carrying out control measures on the operation of premises and compliance with approved standards;
- citizens living with the employer, ex-spouse or minor children - if there has been a violation of their interests and rights.
It is also not uncommon for neighbors to submit a statement of claim – with regular non-compliance with public rules.
Recommended publications on logos-pravo.ru:
Eviction of former family members from residential premises by the owner. Arbitrage practice:
- Eviction of the owner's adult children from the apartment. Is it possible to evict?
- How to evict adult children from an apartment due to hostile relations?
- Eviction from a relative's apartment. When can the right of use not be preserved?
- Eviction of a grandson from an apartment as a former member of the owner’s family
- Eviction of minors (grandchildren) from residential premises by the owner?
- How to evict a relative (grandchild) from an apartment as a former family member?
- Eviction of a common-law spouse from an apartment as a former member of the owner’s family
- Eviction from an apartment upon transfer of ownership
- Reservation of the right to use residential premises for the former spouse by court decision
- Retention of the right to use residential premises. Arbitrage practice
Eviction of former family members of the owner from the apartment:
- Who is the owner's family member?
- Eviction by owner of ex-spouse
- Eviction of former family members - relatives and others
- I left the apartment, ended my family relationship with the owner, and lost my right to housing!
- Reservation of the right to use residential premises for a former family member for a certain period
Other publications on the topic “eviction” in the category:
- Eviction from residential premises, recognition as having not acquired or lost the right to use (articles, comments, court practice)
- On the possibility of eviction from the apartment of the ex-husband - the owner of a share in the right to the apartment
Who can't be evicted?
In accordance with Art. 83 of the Housing Code of the Russian Federation, forced eviction cannot be carried out in relation to the following categories of citizens:
- persons of retirement age;
- children without parents (age is not taken into account);
- family members of the deceased tenant of the premises;
- family members of law enforcement officers who died in the line of duty;
- persons with 1st or 2nd group disability, if this status was obtained in connection with the performance of professional duties.
