Who cannot be evicted from service apartments and dormitories

Dormitories include specialized residential premises located in buildings specially built or re-equipped for these purposes. In accordance with the law, these premises must be equipped with the necessary furniture, as well as standard things needed for living. The dormitory is occupied temporarily under a tenancy agreement between the homeowner and the tenant, under a social tenancy agreement for citizens recognized as needing residential premises, in accordance with labor legislation, for the duration of official or labor activity, and for the period while their studies last, when non-resident students enroll in higher education educational institution.

Why can you be evicted from the hostel?

There are several grounds for terminating a hostel accommodation agreement - a rental agreement for specialized residential premises. The first two - by agreement of the parties and by decision of the citizen-tenant - do not fall under the concept of “eviction”, and therefore will not be considered further.

Let’s take a closer look at the remaining reasons why people can be evicted from a hostel:

1. Termination of employment or holding an elected position;
2. Completion of studies (or termination due to expulsion).
3. Termination of official activity or dismissal from service;
4. The death of a person living alone in a dormitory or the cessation of existence of the living space itself. It is rather a termination of the tenancy agreement for reasons beyond the control of either party;
5. If the tenant and his family (if any) found a new living space and moved there. The rental agreement is considered terminated from the date of relocation;
6. Transfer of ownership rights, economic management or operational management of the hostel to another person, excluding those cases when this person is one of the parties to the employment contract concluded with the employer-employee;
7. At the unilateral request of the lessor. This precedent can only occur after applying to the judicial authorities and by an official court decision. The grounds for filing an application with the court may be as follows:
   When a person occupying a room in a dormitory, or members of his family, do not fulfill the obligations specified in the rental agreement for specialized residential premises;
8. If the tenant does not pay for housing and (or) utilities for a period exceeding half a year;
9. When the tenant or those individuals for whose actions he is responsible damage or destroy the residential premises;
10. If a citizen living in a hostel uses this premises for other purposes. This means the actual transformation of a residential premises into non-residential premises and its use as an industrial warehouse, office, industrial premises or for breeding animals (Article 17 of the Housing Code of the Russian Federation);
11. If, through the fault of the tenant, the legal rights and interests of neighbors are regularly violated, which complicates the ability to live together with them in a common living space.

Residents of a dormitory in Shchukino were under threat of eviction due to disagreements between departments

The Prosecutor General's Office must look into this situation

Residents of the Shchukino district, living at the address: Marshal Sokolovsky Street, building 3, are on the verge of eviction due to the lack of a uniform definition of the status of the building. Residents turned to deputies and the prosecutor's office for help, but the issue still remains unresolved.

In total, the dormitory building contains 23 rooms, the rest of the premises are non-residential and are rented out as offices.

“I have lived in house No. 3 on Marshal Sokolovsky Street since 1993. I received a room from ARSP LLC in the Leningradsky district of Moscow - this is a rental repair and construction company where I worked for more than 10 years. At first I had temporary registration in the hostel, and since 1996 - permanent registration. Many children and grandchildren are registered in this hostel,” said hostel resident Natalya Savina in an interview with a Moskovskaya Gazeta correspondent.

According to Spark-Interfax, the ARSP organization was registered in February 1991. She now manages real estate. Sales revenue in 2021 amounted to over 10 million rubles, while net profit was minus 187 thousand.

Currently, the general director is Alexander Shashkin; previously the general director was Valentina Dobrynina.

In 2021, at the request of Natalya about Dobrynina’s illegal actions, the Internal Affairs Directorate for the North-Western Administrative District conducted an inspection, during which it was established that “Dobrynina’s actions may contain signs of a crime under Article 330 of the Criminal Code of the Russian Federation (Arbitrariness).”

According to the resident, the former departmental dormitory ended up in the hands of different owners, and subsequently some of the residential premises were allegedly transferred to non-residential premises, despite the fact that people lived and still live there.

“In the 2000s, the house was apparently sold along with us, it was somehow registered as private property, and we do not have any documents for the rooms in which we live,” Natalya said. “The head of the council once said that our house was supposedly going to be renovated, we began collecting the necessary documents, and after that the building suddenly became uninhabited. And wherever we turn, as soon as they hear our address, they answer that this is private property and that they will not take it on.”

“Almost the entire building is privately owned by companies that rent out premises: there is dentistry, an English language school, shopping malls, a printing house, a travel agency, and much more - there are just offices around. Only half of the second and third floors remained residential. They are trying to evict us in different ways: they raised the rent, introduced a permit system, and now relatives are allowed in only with special cards. Because of appeals to various structures, I began to receive threats,” shared a resident of the hostel.

She also talked about the paid parking lot behind the house, which is only for residents, while company employees can supposedly use the parking lot for free.

In August 2021, Moscow City Duma deputies contacted the Moscow City Property Department. In response, they were informed that ARSP LLC performs the functions of managing the house.

“The two floors have different management companies. We give the rent to Denko LLC, and we take the payment slips from the security,” noted Natalya.

In addition, the department noted that the status of a house, as a rule, is determined according to information established by the Moscow State Budgetary Institution of the Moscow Bureau of Technical Inventory, according to which the total area of ​​residential building No. 3 on Marshal Sokolovsky Street is 4088.4 square meters. meters, residential - 313.8 sq. meters. Thus, the department confirmed that the dormitory building is residential and indicated the specific area of ​​residential premises in this building.

The response also states that residential premises are not included in the Register of Property Objects of the City of Moscow in the Housing Sphere, and Moscow’s ownership of residential premises is not registered in the Unified State Register of Real Estate. And non-residential premises are owned both by the city and by legal entities and individuals.

Residents have repeatedly contacted the Internal Affairs Directorate for the North-Western Administrative District, but have always been refused to initiate criminal proceedings. They did not begin to look into this issue even after an appeal from Moscow City Duma deputy Oleg Soroka, who appealed to the Internal Affairs Directorate in 2021 in the interests of the hostel residents.

In 2021, the Moscow Prosecutor's Office, at the request of Natalya, conducted an inspection, during which it was established that the Rental Enterprise for the repair, reconstruction and construction of residential and public buildings in the Leningrad region, which owned part of the premises in the house, was privatized in 1997. However, there are no documents confirming privatization.

The prosecutor's office reported that currently there is no information in the Unified State Register of Real Estate about the state registration of private property rights to residential premises, and the registration of ownership rights of ARSP LLC to real estate was carried out exclusively as non-residential premises.

In addition, as follows from the response of the Moscow prosecutor’s office, “documentary confirmation that the privatized premises were residential was not received during the inspection, and there are no documents on the basis of which the check-in took place both in the hostel and in which specific premises.”

The prosecutor's office also noted that challenging the privatization transaction is impossible due to the expired statute of limitations, and restoration of housing rights is possible only upon a personal application for recognition of ownership of the occupied premises.

Natalya turned for help to Moscow City Duma deputy Alexander Solovyov, who, in turn, sent an appeal to the Moscow City Property Department. The department told him that the Department had not made any decisions on transferring residential rooms to non-residential use. At the same time, the premises located on the second floor (living rooms) retained the status of residential, type: dormitory. And according to EGRN data from 2021, the premises of the second floor are designated as non-residential.

The city's property rights to these premises were not registered in the Unified State Register.

“In itself, the situation of surrounding two floors of a hostel with offices in the 21st century looks somewhat wild. At the same time, here one can observe a number of contradictory points regarding the determination of the status of the premises: someone writes that there are no residential premises at all, some structures write that there are residential premises and even indicate their area. For example, according to the BTI response from 2021, part of the area is considered residential, and this is about 400 square meters,” noted Moscow City Duma deputy Alexander Solovyov.

“This situation is typical for 1997, when residential premises could be converted into non-residential premises by order of the prefect. However, for this, the Housing Code of the RSFSR provided for the holding of meetings of residents. And no one has the minutes of the residents’ meeting, in which the decision to transfer to non-residential premises was made, that is, it is not possible to obtain it,” the deputy told the Moskovskaya Gazeta correspondent. – Today we have not the Housing Code of the RSFSR, but the Housing Code of the Russian Federation, according to which only the City Property Department can convert residential premises into non-residential ones. And he writes in his answers that he did not perform such procedures. However, in the responses of some departments we see that there are no residential premises in this building.”

“There is also a point that none of the organizations located in this building have claimed ownership of the residential premises. Tenants have registered ownership rights only to non-residential premises. That is, at the moment it is unclear who has the ownership rights to residential premises that have the status,” said the politician. – It is not clear whether the premises are residential, but the ownership rights to them are somehow registered as non-residential (which in itself is very strange), or whether there are residential premises that are ownerless at the moment, that is, there are no to whom property rights are not assigned. Now we are just trying to get out of this situation.”

Soloviev also said that the prosecutor’s office of the North-Western District and the Moscow prosecutor’s office have already carried out checks, but, unfortunately, there are no results.

“Residents are encouraged to go to court to restore their property rights. We wrote an appeal to the Prosecutor General’s Office of the Russian Federation and asked for help in understanding this situation,” said the Moscow City Duma deputy.

As candidate of legal sciences Ekaterina Skosarenko commented on the current situation to the Moscow newspaper, “at every stage, blatant bureaucracy can be seen both from the executive bodies of Moscow and from law enforcement agencies represented by the prosecutor’s office.”

“The authorities are engaged in formal formal replies instead of fulfilling their function - to protect housing rights and monitor that the rights of citizens are not violated during privatization and real estate purchase and sale transactions. They are aimed at a piece of paper, not real people, whose rights are obviously violated, and who turned out to be the last in a long chain of thoughtless real estate transactions,” Skosarenko noted.

“There was a building that housed a service dormitory and which was subsequently sold along with the people living in it, despite restrictions on such legal transactions. At the same time, the prosecutor’s office did not see any reason to react, since the deadlines for appealing the privatization and transactions for the sale of non-residential stock, which housed and continues to house the dormitory, had allegedly already passed. The deadlines have passed, but the people have not disappeared anywhere. As a result, apparently, they are trying to throw the residents out of the rooms in which they have lived since the 90s. The prosecutorial authorities did not see documentary evidence that the hostel has residential status, despite the testimony of specific people, photographs of rooms and public places. Even a certificate from the Moscow city BTI dated 2021, which states that this building houses a dormitory with a certain amount of living space, did not help us see the real problem. It would seem that you should sort it out, find out and request documents from your own and former owners of the building, retrieve archives, protect citizens and their right to the housing provided to them. But no. People who can be “asked” at any moment, and probably are already being “asked” to leave their only home with their children, must themselves go around all the corridors of power and push into all possible and impossible authorities. Just so as not to become homeless due to the negligence of people who let such transactions slip through their fingers, but apparently did not resolve issues with their further right to live in the controversial building.”

Meanwhile, according to Article 13 of the Federal Law of December 29, 2004 No. 189-FZ “On the entry into force of the Housing Code of the Russian Federation”, “citizens who live in service residential premises and residential premises in dormitories provided to them before the entry into force of the Housing Code of the Russian Federation , are, in accordance with paragraph 1 of part 1 of Article 51 of the RF Housing Code, registered as those in need of residential premises provided under social tenancy agreements or have the right to be registered on this basis, cannot be evicted from these residential premises without the provision of other residential premises.”

“Residents of the hostel urgently need to prove and confirm the legality of the grounds for the initial move into the hostel, and the prosecutor’s office and the court can help them with this. The problem is obvious to everyone, and there are specific people whose interests need to be protected, but law enforcement agencies, created to protect violated rights and paid for by Russians from taxes and the budget, apparently are not going to help them,” the lawyer concluded.

Earlier, Moskovskaya Gazeta wrote that residents of a hostel on Okskaya Street in the Kuzminki district are afraid to end up on the street after repairs are carried out. They fear that they may lose ownership of their rooms due to the possible sale of the building after the completion of major renovations: the court decision to recognize ownership has not yet entered into force, and residents already need to move to another building due to the start of renovation work.

Who has the right to evict from dormitories?

Any person (for example, a neighbor) whose rights and interests are violated in accordance with Articles 101 and 83 of the New Housing Code can write a claim or notification. But only the owner of the hostel can file a petition with the court or independently make a decision on eviction, depending on the current situation.

By law, any tenant must be notified in writing of the need to vacate the premises three months before the expected date of eviction.

What should a student do?

A student, having received a notice requiring him to voluntarily vacate the premises, must carefully study the reason that led to the decision to evict, and also re-read the lease agreement, especially the part that concerns the grounds for its termination.

If he does not consider his disciplinary offense sufficient for eviction, he should prepare for a court hearing in order to provide sufficiently strong evidence and arguments in his favor.

Having received a court decision on eviction, you can file an appeal to a higher authority within two months. And don’t forget that while the trial is ongoing, you have every right to legally live in the hostel.

Who can and cannot be evicted

All categories of citizens are subject to eviction from the hostel.

According to the law, there are two options for eviction from hostels:

• Without providing other living quarters;
• With the provision of other residential premises within the boundaries of the locality in question.

IMPORTANT: The provided residential premises, according to the new Housing Code of the Russian Federation, must be located in the same locality as the vacated premises, but do not have to be comfortable in relation to the given region (see Article 89 of the Housing Code of the Russian Federation).

If we compare it with the previous Housing Code of 1983, the list of those categories of citizens who cannot be evicted from a hostel without providing other living space has been significantly reduced . It did not include single citizens living with minor children, WWII veterans who fought in active army units, people who worked for the landlord for more than ten years, etc.

The following categories remain:

• Citizens of old age retirement age;
• Citizens who are family members of a deceased employee who lived with him in a dormitory during his lifetime;
• Disabled people of the first two groups who received injuries or illnesses that caused disability during the performance of official or military duties, or as a result of work activity;
• Family members of citizens who were in government or military service and went missing or died in the line of duty.

Another important point. The listed categories of citizens, when evicted from a hostel, cannot fail to receive another living space only on the condition that they are not the owners or family members of the owner of another housing, as well as tenants or family members of the tenant of the residential premises under a social tenancy agreement and are registered as those in need of housing. housing for citizens of the Russian Federation.

A separate category of persons includes orphans, children without parental care and persons from among both. This category of citizens can be evicted from the hostel only with the condition that they be provided with another comfortable premises within the given locality.

Grounds and reasons

Forced eviction from the hostel can be carried out on the basis of the provisions of Art. 83 only by the owner of the said residential premises. In addition, there must be compelling reasons for such a decision:

• the terms and requirements of the agreement drawn up between the two parties upon settlement have been violated;
• lack of payments for accommodation and housing and communal services for a long time (usually more than six months);
• various actions on the part of residents that lead to the destruction of the living space or violate its aesthetic format;
• tenants make changes to the layout of the room that are prohibited by the terms of the contract and may threaten the safety of other people.

At the same time, the law limits the rights of owners and prohibits the eviction of certain categories of citizens :

• military and civil servants, as well as members of their families;
• people of retirement age;
• relatives of workers who died at work or in service;
• persons with disability of groups I and II (if it occurred due to the fault of the employer’s actions or during work);
• single persons living with minor children.

The rules of the Housing Code of the Russian Federation mainly apply to dormitories that are the property of the state or municipalities. For example, a dorm room is often provided to students in need of housing while studying at a university. The termination of the employment contract with the student occurs :

• at the will of the student (clause 2 of article 101 of the Housing Code of the Russian Federation and clause 1 of article 687 of the Civil Code of the Russian Federation);
• upon expulsion from an educational institution (clause 2 of article 105 of the Housing Code of the Russian Federation);
• by decision of the administration or court (clause 3 of article 101 of the RF Housing Code, clauses 2 and 3 of article 687 and article 688 of the Civil Code of the Russian Federation);
• after the end of the training period (clause 2 of article 105 of the RF Housing Code and article 684 of the RF Civil Code).

Why can a student be evicted? If the student was not the initiator of the eviction, then the procedure is possible only on the basis of an order from the rector or other responsible person. Otherwise, a general order is drawn up without listing the names: it is enough to indicate the reason “in connection with graduation from the educational institution and loss of student status.”

Sometimes entire families are subject to eviction . If they are not included in the list of the needy category of the population, then they are evicted in accordance with the general procedure, without even providing an alternative option at a lower price (read about the nuances of eviction without providing another living space here). It is worth keeping in mind that the presence of minor children does not serve as an excuse or mitigating condition and does not affect the final decision on eviction from the hostel.

Often neighbors give reasons to evict them from the hostel. If they regularly violate public order, make noise and rowdy behavior, interfere with a quiet life, or create unsanitary conditions, this may become the main argument for a written complaint to the landlord.

In response, the landlord must warn the problem tenant of the need to correct the violations and set a reasonable time limit for this task. If such measures do not bring results, the owner has the right to go to court with a claim and provide evidence. First, neighbors will be given a warning, then a fine will be imposed.

The procedure for eviction from a hostel according to the new Housing Code

As mentioned earlier, according to the new Housing Code, if a tenant (tenant) wants to move out of the hostel, he can terminate the tenancy agreement unilaterally at any time.

In the event that a landlord attempts to evict a tenant through legal proceedings, the procedure is as follows:

• Before going to court, the owner of the residential premises must send the tenant an eviction notice with an offer to voluntarily leave the occupied space;
• If a good agreement cannot be reached, then the lessor files a claim in court;
• Once the eviction order goes into effect, the clock begins to count down for the evicted tenants. They are required to leave the hostel on their own after seven days. Otherwise, the bailiffs have the legal right to use force.

IMPORTANT: Housing legislation regulates relations regarding eviction from a hostel only in cases where the building belongs to the municipal housing stock or is under state support. If the hostel is privately owned, civil law rules come into force.

Eviction of a student from a student dormitory

Nonresident students, after entering a higher education institution, are provided with rooms in dormitories in accordance with Russian legislation.

Eviction from the hostel under such circumstances can only occur in three cases:

• At the student’s own request at any time;
• If there is an order for expulsion from the university, the dean’s office automatically signs an order for eviction from the hostel;
• After a court decision for violating the rules of residence or for other reasons. The petition to the court is submitted on the initiative of the hostel administration.

An employee who is being laid off from work

The term layoff implies a complete termination of the employee's employment relationship with the employer. And in this case, the employer is no longer obliged to provide living quarters for the former employee.

Since, according to the Labor Code of the Russian Federation, workers are warned about layoffs at least three months before the actual dismissal, they have enough time to find other housing.

If there is a child under 18 years of age

According to the old Housing Code, families with minor children were included in the group of citizens whose eviction without the provision of similar living quarters was prohibited by law. The new Housing Code of the Russian Federation does not provide for such a clause. That is, in a certain state of affairs, by a court decision, citizens with minor children can be evicted without providing other housing conditions .

The exception is for citizens who moved into a hostel under a rental agreement before March 1, 2005, when the new Housing Code of the Russian Federation came into force. In this case, eviction without providing other housing is impossible.

In practice, there is no clear answer to the question of whether, for example, a single woman with a minor child has the right to evict. The courts are very loyal to such situations and often make decisions in favor of the citizen defendants.

For non-payment

The new Housing Code of the Russian Federation stipulates that a rental agreement for residential space can be canceled by the landlord unilaterally through the court in the event of more than six months of overdue debt on rent or utilities.

In judicial practice, there are cases when the court decides to give the tenant a last chance to pay off debts, allow a deferment of eviction and set a payment deadline of up to 12 months. Upon expiration of this period and when the landlord re-applies to the judicial authorities, an unambiguous decision is made to evict these tenants.

Former spouse

Eviction of an ex-husband or wife from a hostel is possible only by court decision. But in the case where the former other half is also a tenant under a rental agreement or works or performs official duties in the employer’s organization, the court has the right to refuse the petition.

It also matters if the ex-spouse has another place of residence. In the absence of this, the chances of success in court are even less.

How to evict a roommate from a dorm room

The eviction of roommates in a hostel is regulated by Article 91 of the Housing Code of the Russian Federation; according to this norm, the legal grounds for eviction are:

• non-payment of utility bills;
• damage to property;
• systematic violation of public order;

In order to forcibly evict a person from his only home, a court decision is required, and before initiating proceedings, it is necessary to obtain evidence of a violation of your rights:

1. As soon as your neighbor starts making loud noise and rowdy behavior, immediately call the police, put all the records in a safe place, they will be very useful to you in the future.
2. If your neighbor turned a cozy room into a workshop or decided to start redevelopment, come with the commandant and ask him to record in writing the inappropriate use of the property.

Based on the evidence received, you can try to write a complaint to the hostel administration with a request to evict the negligent neighbor. You can write the document in any form, but be sure to make two copies - give one, and ask for a mark of acceptance on the second and keep it with you.

A letter with a reasoned response should be received within 30 calendar days; if your complaint is not satisfied, you can appeal it in court.

Where to contact?

Such cases are dealt with by the district courts at the defendant’s place of residence. This is where you need to submit a correctly completed application with attached evidence of your innocence.

Documents required for court

Before filing a claim in court, you must prepare the following documents:

• agreement for renting a room in a hostel;
• collected audio, video materials, police reports that you prudently saved, your copy of the complaint to the administration;
• receipt of payment of state duty.

Currently, the state duty is 300 rubles for individuals and 6,000 rubles for legal entities.

How to draw up a claim correctly?

This document should have a clear structure and consist of several parts:

1. Introductory – in the upper corner on the right side we write: the name of the court; full name, address and contact telephone number of the plaintiff, full name and address of the defendant, with a new line in the center - the title of the document.
2. Descriptive – the situation is described in as much detail as possible with references to the attached evidence.
3. Petition - contains a request to the court to evict the defendant from the room based on everything stated above.
4. List of documents attached to the statement of claim.

When drawing up an application, try to present your arguments logically and without excessive emotionality. It is better if the document is printed on a printer, but you can write it by hand with a regular ballpoint pen. And remember, each of your arguments must be supported by evidence, otherwise the court will not pay attention to it and the truth will not be on your side.

After submitting an application, a decision is made within a period of time, which usually does not exceed two months. However, in some cases, for example, if there is a need to provide clarifying evidence, the process may take a little longer.

Such cases are always considered by the courts on an individual basis, so if you firmly decide to get rid of loud and restless neighbors in the hostel, be patient and have a sufficient evidence base.

Example. Malkova I.V. lived in the student dormitory of the university where she studied. In 2015, she was expelled from the educational institution and received an eviction notice, but refused to leave her room, citing the fact that she had no other housing in the city. She changed the lock on the room door and refused to communicate with the administration. In this regard, the representative of the educational institution was forced to go to court. The judge, having considered the arguments of both sides, as well as the documents presented (order of expulsion, notice of eviction with the signature of the defendant on receipt), sided with the plaintiff and ordered Malkova to leave the room within 10 days. However, she again refused to comply with the decision of the justice authority and was evicted as part of enforcement proceedings by the bailiff service.

Deadlines

There is such a thing in Russian legislation as a statute of limitations regarding the issue of eviction from a hostel. If three or more years have passed since the time when the employment relationship of the employee living in the dormitory with the organization providing housing actually ceased, it will no longer be possible to forcibly evict this tenant.

As for the time frame for considering an eviction case in court, it is a maximum of 2 months.

To vacate the premises, if the court has a positive decision on eviction, residents are given, as mentioned earlier, one week, after which the eviction will be forced.

Sample eviction application

To initiate eviction proceedings, you must file a claim with the court. In this case, the court must be located at the defendant’s place of residence, that is, in the area of ​​the hostel in question.

According to the Civil Procedure Code of the Russian Federation, the following data must be indicated in the statement of claim:

• Name of the court;
• Information about the plaintiff. (full name, address of registration or actual residence, contact numbers);
• Information about the defendant;
• The legal rights of the plaintiff that were violated by the defendant, that is, the demand for eviction;
• The reasons why the plaintiff intends to evict the defendant and supporting evidence;
• List of documents attached to the application.

The application will need to be accompanied by documents confirming the landlord's right to evict the tenant, including a notice of eviction (preferably signed by the defendant). Then you will need to pay the state fee and attach a receipt of payment to the papers.

claim for eviction from the hostel.

The court may also request copies of the statement of claim according to the number of defendants and other involved citizens. A sample statement of claim for eviction from a hostel can be requested directly from the court.

Rules and procedure for eviction of students

At the student's initiative, the employment contract can be terminated unilaterally at any time. To do this, simply inform the landlord about the decision. But the second party can unilaterally terminate the contract only on the basis of a court decision.

Stages of forced eviction

Having decided to evict a student, the administration must notify the tenant in writing in advance, indicating the reason and the time frame within which the student must voluntarily leave the premises.

If the resident does not agree with the legality of the requirements and refuses to evict of his own free will, then the landlord must apply to the court with an appropriate statement of claim.

Having considered all the circumstances of the case and heard the positions of the parties, the judge makes a decision to evict the student or leaves the plaintiff’s demands unsatisfied.

If, even having in hand a copy of the court decision on eviction, the resident continues to illegally occupy the living space longer than the period established in it, the administration of the hostel must seek help from bailiffs, who, as part of the initiated enforcement proceedings, in the presence of an employee of the internal affairs bodies and two witnesses, will evict the offender as soon as possible.

Documents required to submit to court

To evict a student from the dormitory, along with a statement of claim to the court, you must provide:

• residential lease agreement;
• certificates and other documentary, audio and video evidence of the defendant’s violation of the rules of residence in the hostel, including complaints from neighbors;
• certificates of debt on utility bills for more than 6 months (if this is the main argument for eviction);
• other documents confirming the impossibility of living in this premises in the future.

Notice of eviction from a hostel sample

Before filing a claim in court, the landlord is obliged to warn the evicted tenant of his intentions in the form of a notice.

IMPORTANT: Notice may be given either orally or in writing. But the trial will require evidence, so it is recommended to use written notice.

The completed document is sent to the evicted tenant by mail with a notification or handed over in person in the presence of two witnesses. If the tenant refuses to receive a written warning, it is necessary to draw up an act in any form stating that the tenant has nevertheless been notified, signed by the plaintiff and two witnesses to this fact.

notice of eviction from the hostel.

The tenant's eviction notice must include the following:

• Full address of the evicted tenant;
• Circumstances that led to check-in into the hostel (for example, labor relations);
• It is necessary to indicate the reasons for terminating the tenancy agreement;
• Steps the tenant must take during eviction (for example, handing over room keys);
• A warning that in case of refusal to voluntarily vacate the premises, a lawsuit will be filed;
• Signature of the lessor and date of drawing up the document.

Procedure

The eviction algorithm is a fairly simple procedure . Only a few points differ that dictate the reasons for the forced vacancy of living space. Usually the main stages come down to the following order:

Notice of eviction

Before filing a claim, you need to make sure that the person really does not want to be evicted on a voluntary basis.

First, the property owner must send the tenant a written notice, the purpose of which is to try to resolve the conflict at the pre-trial stage.

The document must certainly consist of the following items::

• resident's residential address;
• grounds for eviction from the hostel;
• indication of the reasons to vacate the premises;
• basic requirements (pick up things or furniture, give a duplicate key to the owner and other options);
• description of further actions (if the tenant does not want to move out voluntarily - going to court, fine, etc.);
• date of notification and signature.

In principle, there are no strict rules for drawing up a document. It is advisable that it be handwritten and presented in the presence of several witnesses. This will increase the chances of later proving your actions and the very fact of trying to peacefully resolve the conflict.

Also, eviction is possible not only from the hostel, but from municipal or service housing.

Lawsuit

One of the options for an eviction document is a corresponding application, which is sent to the court. Article 131 of the Code of Civil Procedure states that the sample must include the following :

1. the name of the court in the header (in the upper right corner);
2. FULL NAME. defendant and plaintiff, details of place of residence and telephone numbers;
3. a description of the problem and the reasons why the tenant should be evicted;
4. the plaintiff’s demand (it must be indicated that eviction is expected);
5. evidence (located below, in the “appendices” section, with the attached papers);
6. At the end, put the date of application and personal signature.

The statement of claim is filed with the district court at the location of the hostel. But only with proper execution of the document can you count on a positive outcome.

It is worth considering that if any of the listed points were not included in the application or were not submitted in a businesslike manner, then the court has the right to refuse, not to consider the claim in fact and not to make a decision at all.

Order to evict from a hostel sample

The concept of “Order to evict from a dormitory” relates only to student dormitories. This order, indicating the reason for eviction, is signed by the rector of the educational institution.

The order must contain an instruction to the hostel administration about the timing of notification of the student’s eviction and the actual timing of eviction.

When to go to court

Not only the landlord can go to court on the issue of eviction of tenants, but also the evicted tenants themselves to protect their interests. If a citizen living in a dormitory believes that he is being illegally forced to leave his premises, he also has the right to go to court for an impartial hearing of this case.

In order for the court to make a positive decision on the claim of the evicted tenant, it is necessary to foresee such a development of events in advance and become familiar with your rights, and also do not forget about supporting documents.

Documents for court

When a landlord goes to court to evict a tenant, he needs to prepare the following documents that may be needed to confirm the reasons that led to the incident:

• An employment contract or agreement with established deadlines to support the eviction request;
• Documented evidence of violation of rules or legal rights of neighbors in the form of photographs or video recordings;
• Claims from dorm neighbors with supporting signatures;
• Receipts or invoices for payment indicating overdue debt for housing and communal services or non-payment of rental fees;
• Other documents that confirm the unacceptability of further provision of residential premises for rent to this person.

Eviction from a hostel and judicial practice

When examining a court case regarding eviction from a hostel, the court first of all finds out:

• In the current case, is the residential space in question actually classified as a dormitory;
• Is it true that the plaintiff is listed as the owner of this living space, and at the same time, the landlord;
• Does the plaintiff have documents permitting the check-in of citizens into the designated hostel;
• Does the plaintiff have a warrant to occupy the residential premises?

If the eviction occurs due to termination of employment, then the court must find out the type of employment contract and the reasons why it was terminated.

Judicial practice shows that quite often disputes arise over late payment for a hostel. In such cases, the court, before making a decision on eviction, carefully checks the reasons why the tenant was unable to pay rent or utility bills. In the case of objective reasons that do not depend on the will of the evicted citizen, the decision is made in his favor.

In general, the practice of eviction from a hostel is considered the most extreme measure and is used quite rarely. Most often, in case of refusal, voluntarily vacate the premises.

In any case, one good piece of advice can be given to both the employer and the landlord: all documents related to living in a hostel should be carefully stored in case of controversial issues or serious disagreements on this matter.

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Arbitrage practice

As a rule, when evicting from a student dormitory, the plaintiff asks the court to satisfy his demand due to the defendant’s systematic violations of the dormitory rules, expressed in violation of the rights and peace of his room or floor neighbors. Testimony from these neighbors is usually cited as proof of the violation of these rights.

The defendants, in turn, are trying to convey to the court that these violations were not so serious that they would be expelled from the hostel for them and use the testimony of the same witnesses as evidence.

The side of the process that more convincingly demonstrates that it is right will have a greater chance of winning the case, but, as a rule, more often the court still takes the side of the plaintiff, that is, the administration.

For example, student Novikov lived in a dormitory with two other students - Korobov and Mitev. He often abused alcohol, sometimes together with Korobov. But after such libations, Korobov calmly went to bed, and Novikov was drawn to “adventures,” as a result of which he often got into fights and could listen to music until the morning.

His roommate Mitev complained to the commandant, the latter warned the offender about the inadmissibility of such behavior. The violations did not stop, and after further repeated complaints from Mitev, the administration fined Novikov. But this also had no effect.

The administration of the university filed a claim for the eviction of student Novikov from the dormitory to the court.

The court heard both Korobov and Mitev as witnesses. Mitev stated that the defendant systematically violates his legal rights to a quiet rest and is constantly rowdy. Korobov, on the contrary, spoke in defense of the defendant and told the court that Novikov, if he makes noise, is not very loud, does not interfere with anyone’s rest, and in general, all this does not happen as often as Mitev complains.

The court sided with the plaintiff in the case and decided to evict the offender.

When considering claims for eviction of students, the court proceeds from the rules for filing a claim.

For example:

1. If the plaintiff violated the procedural order, the court will refuse to consider the claim.
2. If the plaintiff encloses one document or brings one witness as evidence, the court may also leave the claim without consideration.
3. If the statement of claim is not drawn up in accordance with the form, the court will also not accept it for consideration.

Judicial practice shows that if all procedures are followed, most often when filing a lawsuit for the eviction of students, the court takes the side of the plaintiff. Especially if the defendant frequently and maliciously committed unlawful acts and violated the hostel’s charter.

For example, student Ivanov immediately after enrollment entered into a rental agreement and moved into the dormitory. But after a month he got tired of living with his neighbors and asked his parents to rent him an apartment. However, he did not check out of their dormitory and did not hand over the keys to the room. Moreover, he periodically appeared on campus, behaved inappropriately, and the persuasion of the students and the commandant did not work. In addition, Ivanov did not consider it necessary to pay for accommodation in the hostel, since he believed that if he did not live there, then he should not pay for a place.

The university administration repeatedly sent him notices that he must deregister from the campus and hand over the keys to his room, but it was no use, Ivanov did not want to check out.

A lawsuit was filed to evict Ivanov from the hostel. Reasons:

• residence not at the place of registration;
• debt for accommodation;
• malicious violation of the hostel regulations.

Having considered all the materials of the case, the court decided to evict student Ivanov.

Typically, the administration of an educational institution rarely brings the case to an eviction lawsuit. Everyone understands that a nonresident student is unlikely to be able to continue his studies if he is evicted from the dormitory, so the administration is trying to resolve the matter within the educational institution, without taking the problem to court. And if, after all, a lawsuit for eviction was filed, then the violation is really serious.

In this case, it is better to try to find a competent lawyer, which will significantly improve your chances in litigation. But it’s even better, if you have violated the rules and regulations of the hostel, try to resolve the conflict peacefully and not bring the matter to court.

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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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