Statement of claim for eviction from a hostel sample 2021 form

Home » Housing disputes » Eviction from the hostel

If a person does not have his own housing, he is forced to look for an alternative. Not everyone can afford to rent an apartment, so many people find housing in hostels. Often, rooms in dormitories are provided as official housing. In Soviet times, many enterprises practiced moving employees into workers' dormitories, some of them then became municipal property, citizens had the opportunity to privatize them, but some remained the property of enterprises and organizations.

Sometimes it becomes necessary to evict such tenants for various reasons.

Grounds, reasons

Typically, citizens move into municipal or service housing under a tenancy agreement: social or service. Such documents must include a clause on living conditions and terms.

According to the agreement, the tenant has the right to move out of their dorm rooms on his own initiative at any time, but the owner of the residential premises can evict him only by a court decision.

The grounds for eviction are:

End of the employment contract.
Debts on utility bills for six months or more.
Use of a dorm room for other purposes than its intended purpose.
Malicious violation of public order.
Change of owner of the property.
Damage to residential premises as a result of intentional actions or negligence of the tenant.
Purchasing your own home.
Relocation due to change of residence.

In the last paragraph, the basis for eviction of the tenant becomes termination of the contract, which, in turn, occurs on the day of departure of the tenant.

Can they be evicted from a hostel with permanent registration?

Depending on the date of registration in the residential premises. If a citizen registered before March 1, 2005, then it is impossible to evict the tenant. The court will not even accept the eviction claim.

If the person was registered after the specified date, then eviction is possible.

Who cannot be evicted without providing alternative accommodation?

According to the norms of the “old” or “new” Housing Code, a claim for eviction must be filed if the citizen moved in before March 1, 2005, i.e. under the current “old” code? Both codes call termination of employment relations the basis for evicting a citizen from a hostel. Also, as a general rule, a person is subject to eviction without the provision of other residential premises. However, there are a number of exceptions to the last rule.

According to the “new” Housing Code of the Russian Federation, which came into force on March 1, 2005, in accordance with its article 103, the following citizens cannot be evicted from dormitory premises without the provision of other residential premises:

family members of military personnel, officials, employees of internal affairs bodies, federal security service bodies, customs bodies of the Russian Federation, state fire service bodies, bodies for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, dead (deceased) or missing in action while performing military service or official duties;
old age pensioners;
family members of an employee who was provided with official housing or dormitory housing and who died;
disabled people of groups I or II, whose disability occurred as a result of a work injury due to the fault of the employer, disabled people of groups I or II, whose disability occurred as a result of an occupational disease in connection with the performance of work duties, disabled military personnel who became disabled of groups I or II due to injury, concussion or injury received during the performance of military service duties or as a result of an illness associated with the performance of military service duties.

At the same time, the above citizens must not have the right to use other residential premises, either owned or under a social tenancy agreement, plus the citizen must be registered as in need of residential premises, otherwise - eviction without provision.

According to the “old” Law (the RSFSR Housing Code), persons who had stopped working for any reason, except for:

dismissal at will without good reason;
for violation of labor discipline;
Commission of crime.

In addition, Article 108 of the “old” code contained a list of persons who, in any case, could not be evicted from the hostel (as well as from service living quarters) “without provision.” Among them:

disabled war veterans and other disabled military personnel, World War II participants;
military families; disabled persons from among the rank and file and commanding personnel of the bodies of the Ministry of Internal Affairs of the USSR, the State Fire Service, who became disabled as a result of injury, concussion or injury received in the performance of official duties;
persons who have worked at an enterprise, institution, or organization that provided them with office housing for at least ten years;
persons released from a position in connection with which they were provided with living quarters, but who did not terminate their employment relationship;
persons dismissed due to the liquidation of an enterprise, institution, organization or due to a reduction in the number or staff of employees;
old age pensioners, personal pensioners;
family members of a deceased employee who was provided with official housing;
disabled laborers of groups I and II, disabled people of groups I and II from among military personnel and persons equivalent to them;
single persons with minor children living with them.

Peculiarities of eviction from hostels without provision of other living quarters

The owner can evict the tenant in two ways:

with the provision of another residential premises in exchange;
to “nowhere”, that is, without the provision of alternative housing.

Who and in what cases can be evicted “to the street”:

A military serviceman, if the total length of service is less than twenty years, and the reason for dismissal is not deterioration in health.
Employees of other law enforcement agencies who were dismissed “under the article”, or those who committed any illegal action outside of service.
Employees of the organization living in official residential premises and who resigned of their own free will.
Temporary or seasonal workers accommodated in a dormitory under a fixed-term employment contract that has expired.

Main reasons

Legitimate residence in a hostel is based on the conclusion of a rental agreement for residential premises . One party to the contract is the owner - a municipality or a private person, and the other is a citizen. The signed document always contains the terms and conditions for the provision of living space. After reviewing the document, you can find grounds for eviction. Let's talk about them.

On what grounds can a person be evicted from a dormitory:

Termination of an employment contract with an employer (legal entity or state).
Transfer of ownership of the hostel to the new owner.
Dissolution of marriage.
Rent arrears for a period of 6 months or more.
Purchasing new housing and moving out of the hostel.
Violating public order or living conditions in the hostel.
Use of the provided premises other than for its intended purpose.
Creation of a housing emergency due to intentional or unintentional actions.

So, the reasons can be very different. Before going to court, you need to analyze the situation. For example, termination of an employment contract is not a legal case. The opposite situation is a violation of the rules of living in a hostel. Such disputes are resolved exclusively in court with the participation of both parties.

Who should not be evicted

There is another category of employers - preferential. It is impossible to evict such tenants; the court will not give permission for this. If for some reason this is unavoidable, the law obliges the tenant to be provided with alternative living quarters in the same locality.

These include:

military personnel;
employees of the Ministry of Internal Affairs, FSB, Ministry of Emergency Situations, as well as members of their families;
family members of employees of the above services who died in the line of duty;
old age pensioners;
family members of employees killed at work;
single mothers with minor children;
disabled people of the first and second groups who became disabled at work or while serving.

The responsibility for finding suitable alternative housing rests with the owner of the premises who initiated the eviction.

Who cannot be evicted from a service apartment or hostel?

Which categories of citizens are not subject to eviction from official housing:

family members of government employees who died or died in the performance of their duties;
employees who have accumulated a certain length of service;
disabled people who were injured while performing work obligations.

If you take into account the information we have provided, you will be more prepared as the situation develops. You will be able to fully protect your rights and interests, incl. and with our help.

Do they have the right to evict a minor from a hostel?

The owner will be able to evict a family with a minor child only with the consent of the guardianship and trusteeship authorities. At the same time, the court considers each such eviction claim especially carefully, taking into account all, even the slightest, nuances of the case.

It is worth noting that the legislation does not prohibit relocating a family with a child to living quarters with conditions that are somewhat worse than the previous ones. But these eviction proceedings usually take a particularly long time.

In some situations, the legislator allows the eviction of a family with minors “to nowhere”; this can happen in the following cases:

upon dismissal of an employee who occupies a room in a dormitory under a contract of employment at his own request;
if utility bills are in arrears for more than six months;
if the tenant, through negligence or malicious intent, damaged the living space or rendered it unusable;
in case of malicious violation of public order by the employer.

Eviction of a family with a child without provision of alternative housing is possible only if the family moved into the residential premises after March 1, 2005 and has permission from the guardianship authorities.

For example, a family is registered in a dormitory and they have no alternative housing. Since the state guarantees the right of any minor to live with their parents, this means that when the latter are evicted, the child will also have to move out. But the guardianship authorities are unlikely to allow a minor to be evicted “on the street,” so the court will not allow such a family to be evicted without the permission of the guardianship.

A small nuance. If a minor child is registered in a dormitory but has not lived there for more than one year, the court may allow eviction, but only if the child lives with his parents in another room in conditions more comfortable than in the dormitory.

If the family moved into the residential premises before March 1, 2005, then even in cases where the owner has grounds for eviction, the law allows such an action only if the family is provided with alternative housing.

When considering claims for eviction of families with minor children, the judge can be guided not only by regulations and articles of law, but also take into account other circumstances. In such cases, if law and justice come into conflict, most often the court takes the side not of law, but of justice.

Forced eviction from occupied living space

Every sane adult is afraid of losing a reliable roof over their head. But still, it happens that he loses.

This occurs due to ignorance or non-compliance with the rules of residence, large debts for utility bills, and damage to household property.

It happens that the court evicts a person because it is impossible for him to live together with family members or even neighbors...

We talk with the judge of the Oktyabrsky District Court of Vitebsk Natalya Lyakh about in what case the court can evict a person from the occupied living space .

— In 2013, the Oktyabrsky District Court considered 180 civil cases on housing disputes. Most of them are cases of eviction without the provision of another living space, as well as loss of the right to own and use it, says Natalya Viktorovna. “Among them, almost a third concerned eviction from dormitories, moreover, without the provision of other living quarters. It is very difficult for any court panel to make such decisions from a psychological point of view. But we live in a state governed by the rule of law, and it is necessary to take into account that when a citizen is provided with residential premises in a dormitory, a written agreement is concluded with him, which indicates the grounds for which it is necessary to vacate the occupied place (dismissal, expiration of the lease agreement, etc.). Stubborn refusal to do this is the basis on the part of the homeowners to file a lawsuit in court.

For example, at the end of last year, a civil case was considered on the claim of a large construction organization against a former employee who resigned from there of his own free will, but for almost a year did not vacate the living quarters in the dormitory, which was provided to him for the period of work. At the court hearing, the defendant acknowledged the claim of this organization in full and, in accordance with the law, was evicted without the provision of other living quarters. Moreover, by court decision, he returned to the plaintiff all the legal expenses he had incurred. But this might not have happened if he had voluntarily and promptly moved out of the hostel.

— In this case it was one person. But today in many hostels people live with families. Is it possible to evict them if they do not pay utility bills for a long time and the debt is constantly growing?

- Can. And the law allows you to do this. For example, last December I considered just such a case, where ZhRET of the Oktyabrsky district filed a claim against an employee of the enterprise for non-payment of utilities for more than a year and a half. By the way, he lived in a hostel with his wife. The debt of this family amounted to almost 4 million rubles. The company repeatedly sent notices to the defendant about the need to repay the debt, but the citizen did not comply with these requirements. And the head of the family also did not react to the executive orders. In addition, the defendants were warned that a debt had arisen, in case of non-payment of which they would be evicted in accordance with current legislation. And only during the consideration of the case in court, having fully realized the consequences of the current situation, the defendants paid off the debt, and the representative of ZhRET already in court refused the previously stated demand to evict this family from the hostel. The plaintiff in this case acted in accordance with the current legislation. Indeed, in accordance with Part 3 of Article 61 of the Civil Procedure Code of the Republic of Belarus, he has the right to change the basis or the very subject of the claim, increase or decrease the size of the claim, or abandon it altogether. But the court will not accept the plaintiff’s refusal of the claim if it contradicts the law or violates someone else’s rights and interests. In that particular case, the eviction proceedings without provision of alternative accommodation were terminated. But the state duty from the defendants, husband and wife, was collected in favor of the plaintiff, as required by law.

— Natalya Viktorovna, have you ever had to consider cases of eviction of families with minor children, and what does the law say about this?

— In my practice there were such cases. The woman alone raised three children - 5, 10 and 11 years old, all of them were registered in the hostel. However, for a year they did not live in the dorm room, and the defendant did not pay utilities for a long time. Over time, the debt grew to almost 7 million rubles. As in the previous case, the demands for repayment did not apply; she refused the offer to find a job in the organization that provided the living quarters in order to deduct the arrears from her wages. Therefore, ZhRET filed a lawsuit to evict this family from the hostel without providing other living quarters.

— Quite a sensitive question, because we are talking about children...

— When I got acquainted with the materials of this civil case, many questions arose about it, including the application of Article 221 of the Housing Code of the Republic of Belarus, which reflects transitional provisions. When considering cases in which the interests of minor children are affected, the court must involve the guardianship and trusteeship authority both at the place of registration of minors and at the place of their actual residence. In this particular case, the defendant, along with her minor children, registered at a new place of residence in one of the districts of the region during the consideration of the case in court. As in the first case, the proceedings were legally terminated.

— On March 2 of this year, the version of paragraph 2 of Article 95 of the Housing Code of the Republic of Belarus on the eviction of members, former members of his family, and other citizens who have the right to own and use housing at the request of the owner of a residential premises came into force. Who can be evicted under this article?

— These are former family members of the owner of the residential premises, other citizens who have the right to own and use this housing and do not have a share in the common ownership of this premises. They are subject to eviction from it at the request of the owner without the provision of other housing, unless otherwise established by the marriage contract or a written agreement on the procedure for using the residential premises.

— Can a rowdy, a brawler, a drunkard, with whom it is impossible to live in the same apartment or house because of this, lose his home?

— These persons are subject to judicial eviction without provision of other residential premises at the request of its owner and other interested parties. These are citizens who have been brought to administrative responsibility three or more times during the year for violating the rules for the use and maintenance of residential and auxiliary premises; if such citizens destroyed, damaged them or used them for other purposes. They are also subject to eviction for other violations of the requirements of the Housing Code of the Republic of Belarus, which make it impossible for others to live with them in the same apartment or in the same residential building. All this is possible only if such citizens were warned by the owner about the likelihood of eviction without the provision of other residential premises and within a year after that they were again brought to administrative responsibility for similar offenses.

— Is it possible to evict the owner of the residential premises on these grounds?

— In this case, the legislation provides for the alienation of residential premises in relation to the owner of the property if he violated the rules for using both it and auxiliary premises or evaded payment for housing and communal services. According to Article 155 of the Housing Code of the Republic of Belarus, the local executive and administrative body is obliged to warn the owner in writing about the need to repay the debt or eliminate violations, and if they lead to destruction and (or) damage to the residential premises, also assign the owner a proportionate period for its repair.

If the owner has not repaid the debt for payment of housing and communal services in full within one month from the date of receipt of the warning, and there is no possibility of repaying the debt at the expense of other property owned by him, or he continues to commit violations provided for in paragraph 1 of the article 155 of the Housing Code of the Republic of Belarus, or did not carry out repairs after the expiration of the period established by the local executive and administrative body for the repair of residential premises, then this body has the right to file a lawsuit to force the owner of the property to alienate it. If the court decides to alienate the residential premises, then this owner is obliged to alienate it within a year from the date the court decision enters into legal force. If the owner does not repay the debt and does not comply with the court decision within a year, then the local executive and administrative body has the right to file a lawsuit in court for the forced sale of this residential premises.

— Thank you for the conversation, Natalya Viktorovna.

Questions were asked by Mikhail KONON.

"Vitbichi"

How to evict someone from a dorm

Eviction by consent is usually painless. The tenant may at any time independently terminate the rental agreement and leave the residential premises, having previously notified the owner that he plans to leave the hostel.

The owner is also obliged to notify the tenant of his intention to evict him from the occupied space. This can be done orally, if the owner is sure that there will be no incidents, or in writing, if the landlord assumes that there may be problems.

Procedure and procedure

The initiative to evict a tenant can come from both the owner of the premises and from other residents, for example, if the tenant often violates public order or creates problems for other residents.

The algorithm of actions when moving out of a hostel is as follows:

The eviction initiator sends an eviction demand to the unwanted tenant, indicating the reasons why the tenant must leave the premises.
If the tenant refuses to comply with the requirement, the owner prepares documents and draws up a statement of claim to evict the defendant from the hostel.
The state fee is paid. Since the eviction claim is non-property in nature, the state fee will be 300 rubles.
The plaintiff submits the statement of claim and all collected documents to the court office.
The owner or his legal representative takes part in court hearings.
The plaintiff receives a copy of the court decision.
The owner submits documents to remove the defendant from registration.
If the defendant, after the court decision on eviction has entered into force, continues to persist and does not want to leave the premises, the plaintiff turns to the SSP for help. To do this, he submits to the bailiff a writ of execution and an application to initiate enforcement proceedings.

In cases where eviction occurs with the provision of alternative housing, there are mandatory requirements for the new residential premises:

it must be suitable for the resettled persons to live in;
at least six square meters of space must be provided per family member;
the new residential premises should not be located in another locality.

Judicial procedure for eviction

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.

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.

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.

As already mentioned, the actual eviction of tenants is possible only on a voluntary basis, when they vacate the premises of their own free will. Independent coercion on the part of the management organization or owner is unacceptable. Forcing eviction is permissible only with the participation of authorized bailiffs and only by court decision.

To obtain a court decision on eviction, you must file a statement of claim. This document is filled out in accordance with the norms of civil procedural legislation.

name of the court authority;
information about the owner or management organization submitting the application;
information about the tenants who need to be evicted;
indicate the facts that constitute the basis for eviction;
describe the evidence base.

At the same time, it is necessary to submit to the court documents confirming the facts stated in the claim. This could be an agreement with residents, a copy of the organization’s charter, and so on.

is the premises from which the residents are being evicted actually a dorm;
whether the plaintiff has the right to demand eviction;
whether the settlement was legal;
What documents were used to provide housing?

under what agreement the labor activity was carried out;
what grounds were established for termination of employment in the contract and whether they comply with legal requirements.

In housing legal relations arising from employment agreements, this circumstance is very important. Indeed, in some cases the employer is obliged to provide other premises, but in others it is not.

As for cases where a minor is involved, according to the provisions of the law and most court decisions in such disputes, the eviction of the parents of such persons is possible only if they have been deprived of parental powers in accordance with the procedure established by law or if their cohabitation poses a threat to the child.

It is worth noting that judges are authorized to make decisions not only based on the law, but also based on the actual circumstances of the case. This power is provided to ensure a fair resolution of a dispute when the concepts of justice and legality do not always coincide.

In most cases, courts decide to evict a child and his parents only in cases where they are provided with other accommodation under conditions no worse than the current ones. This is done to ensure that the interests of the children are respected.

After the judicial act has entered into force, residents are given a week to vacate the premises themselves. Otherwise, this is done by force, by contacting the bailiff service.

Any violation of this right or the eviction procedure established by law can create additional problems for the owner, and in some cases deprive him of the opportunity to evict for a certain period of time.

Application for eviction from a hostel (sample)

The statement of claim is filed with the district court at the location of the hostel. The document must contain the following information:

name and location of the judicial authority;
personal information about all parties to the process;
a brief description of the conflict with reference to the norms in the law, according to which the defendant violated the rights of the plaintiff;
grounds for eviction with references to evidence;
claim;
numbered list of attached documents;
date and signature.

The applicant must attach the following package of documents to the claim:

copies of the statement of claim according to the number of parties to the proceeding, plus one copy for the court;
residential lease agreement;
eviction notice;
other documents referred to by the plaintiff in the claim;
receipt of payment of state duty.

The document confirming payment of the state duty must be in the original, all others must be copies.

Sample statement of claim for eviction from a hostel

Can they be evicted from a hostel with permanent registration?

The new housing legislation was approved only on March 1, 2005. Previously, old, Soviet housing standards were in effect. Consequently, persons registered in the hostel before the specified period retain the right to reside. The resettlement of such citizens without valid reasons is not permitted.

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

Sometimes in practice there are cases of eviction of people who have the only residence permit in the hostel. The practice of the courts is based on the basis on which a person lives in a hostel, does he comply with the rules of residence, does he pay for housing and communal services? Conscientious tenants of residential premises cannot be evicted “to nowhere”. It’s another matter if residents have alternative housing - then eviction from the hostel will be justified (see “Can they be evicted from an apartment if there is no other housing”).

Notice of eviction (sample)

The owner writes the demand (notice) about eviction in two copies and in any form. He hands over one copy against signature or sends it by registered mail to the employer, and keeps the second copy for himself. In the future, this document may become evidence at a court hearing.

The notice must contain the following information:

personal data of the tenant - the tenant of the residential premises;
personal data or information about the legal entity of the sender of the notification;
the reasons for which the tenant moved into the hostel;
a list of reasons why the owner offers the tenant to leave.

Sample eviction notice

Deadlines

Typically, lawsuits for eviction from a hostel are considered within one month; in any case, even if the process is complex, it is no more than two months.

After the court decision comes into force, the law gives the defendant a week to leave. If after the announced date the citizen continues to live in the hostel and does not intend to move out, the bailiffs will get down to business.

There is no need to delay eviction if the court decides not in favor of the defendant. If, in order to delay the process, the defendant leaves his personal belongings in the residential premises, the owner of the hostel has every right to sell them at auction.

Statute of limitations

The court, when considering claims for eviction from a hostel, determines the limitation period based on the circumstances of each specific court case:

If the owner of the residential premises appeals to Art. 208 of the Civil Code of the Russian Federation, according to which the owner’s demands to eliminate violations of his property rights, even if these violations did not lead to the loss of his property, are not subject to the statute of limitations, then the court can meet the applicant halfway and consider the claim without taking into account the statute of limitations.
But most often, if the defendant has proven that the move-in was legal, the court accepts the statutory three-year statute of limitations.

For example, the owner of the hostel and the employer of the defendant Lukomsky A.A. filed a statement of claim demanding to evict the defendant from the residential premises due to the fact that the latter resigned of his own free will. The defendant moved into the hostel under an employment contract.

In court, the plaintiff stated that the defendant was fired five years ago, but all this time continued to live in the hostel, ignoring the owner’s demands for eviction.

Lukomsky A.A. did not recognize the claims, stating that the statute of limitations expired two years ago. In addition, he presented a rental agreement and documents confirming that he has no debt on utility bills.

The plaintiff, citing Art. 208 of the Civil Code of the Russian Federation stated that this court case does not fall within the three-year statute of limitations, since the hostel is not permanent housing, so the statute of limitations does not apply to it.

The court, having examined all the materials of the case and listened to the arguments of the parties, came to the conclusion that within five years after the dismissal of the defendant, the legal relationship between the parties changed from civil to residential, therefore the statute of limitations should apply to this case. The court's decision was to refuse to satisfy the claims.

Judicial procedure for eviction

To obtain a court decision on eviction, you must file a statement of claim. This document is filled out in accordance with the norms of civil procedural legislation.

It must contain the following information:

name of the court authority;
information about the owner or management organization submitting the application;
information about the tenants who need to be evicted;
indicate the facts that constitute the basis for eviction;
describe the evidence base.

Eviction from a hostel, the judicial practice of which is quite ambiguous, leaves a wide field of maneuvering for the participants.

As for the attitude of the courts to such disputes, then, as the practice of resolving similar cases in courts shows, the following circumstances are determined to begin with:

is the premises from which the residents are being evicted actually a dorm;
whether the plaintiff has the right to demand eviction;
whether the settlement was legal;
What documents were used to provide housing?

When eviction occurs due to termination of work, the courts first try to establish the following circumstances:

under what agreement the labor activity was carried out;
what grounds were established for termination of employment in the contract and whether they comply with legal requirements.

In housing legal relations arising from employment agreements, this circumstance is very important. Indeed, in some cases the employer is obliged to provide other premises, but in others it is not.

After the judicial act has entered into force, residents are given a week to vacate the premises themselves. Otherwise, this is done by force, by contacting the bailiff service.

Thus, eviction as the actual vacancy of the relevant premises is forcibly possible only by a court act and with the participation of persons authorized to execute court acts under compulsion. This provision was introduced into legislation in order to ensure human rights to housing and living in it.

If you are evicted from the hostel

If you receive an eviction notice, the first thing you should do is figure out why the owner is asking you to move out and whether he has the right to do so.

If we analyze the judicial practice on such claims, we can identify a number of questions that the court asks when making a decision in one favor or another:

Is the building from which they want to evict you a hostel, in other words, does it have the status of a hostel or does the owner simply call it that?
Is the plaintiff the owner by law, or does he simply declare this without any legal grounds.
How legal was it to move into the residential premises?
Do you have a rental agreement or a move-in order, and do the conditions for eviction are specified there?

If you analyze all the above questions, you will certainly be able to conclude whether the owner’s demand to evict you is legal.

Subsequently, you will have two ways to solve the problem:

If the owner’s demand for your eviction is legal, then it is better to voluntarily leave the premises. This way, you can avoid lengthy legal proceedings and forceful evictions with the help of bailiffs. Moreover, if you do not ignore the owner’s demand, but ask him to postpone the eviction date for some time so that you can find alternative living quarters, then, most likely, they will meet you halfway.
If you have come to the conclusion that they want to evict you illegally, then you will need to carefully prepare for the upcoming trial: collect the necessary evidence, prepare and put in order all the documents, if possible, find witnesses and be extremely patient. The trial could drag on for several months. It is advisable to contact a professional lawyer, in this case you will save your efforts, on the other hand, you will have more chances to win your case in court.

Regardless of the outcome of the case, you will not be able to evict while the trial continues.

Some defendants deliberately delay the trial in order to remain in the disputed premises as long as possible, or until they find new living quarters. In certain situations, such a delay in the process is justified, especially when the plaintiff does not want to make any concessions and demands immediate eviction.

What should a student do if they are evicted?

So, you have received a notice in which the administration demands that you voluntarily move out of the hostel. What to do? To begin with, read it carefully and understand what the reason was for the eviction.

Then also carefully re-read the lease agreement, paying special attention to the clauses regarding the grounds for expulsion from the premises

If you have not yet completed your studies, and the administration cites expiration of the contract as the reason for eviction, you can challenge the eviction. You just need to renew the lease agreement on the same terms. Even if the administration does not want to renew the rental agreement and tries to evict you through the court, the latter’s decision will not be in their favor. Moreover, if the administration refuses to extend your rental contract, you have the right to file a complaint against the administration’s unlawful actions or go to court to request an extension of the contract.
If you're being evicted because you've broken house rules, but you don't think your offense is serious enough to warrant expulsion from campus, you'll want to make a strong enough case for the court to side with you. This could be testimony from neighbors in the dorm that the violation was a one-time violation, the text of the dorm’s charter, which does not provide for eviction for violations similar to yours, etc.
If, however, the court did not take your side, and you do not agree with its decision and you have reasons to disagree with it, you have two months after receiving the court verdict to challenge it and file an appeal . In any case, until the court decision has entered into legal force, no one can evict you.

The court's decision was not in your favor, and the appeal did not help either. What to do? Try to find alternative housing as quickly as possible and move out before the deadline set by the administration. In this case, it is useless to hide and hide; if you do not leave the premises yourself, you will be forcibly evicted with the help of bailiffs and the police. Before you leave, you will need to:

remove personal belongings;
fill out the worksheet;
hand over keys and pass;
sign the eviction register;
withdraw from temporary registration on campus.

Arbitrage practice

After the Privatization Law was passed, a huge part of the dormitories, especially workers' dormitories, were privatized. At the same time, due to the imperfection of the law, property disputes began to arise between owners and tenants of residential premises.

Most often, controversial situations arise after the tenant has privatized his housing, and subsequently it turns out that the entire hostel building was previously privatized by some legal entity. The former employer does not want to lose his property, and the legal entity also does not want to give his property into the wrong hands. In such situations, most often the transaction for the privatization of a room in a hostel is recognized by the court as void, and as a result, eviction without the provision of alternative housing.

The second option for a legal dispute could be a simultaneous attempt to privatize one room by its two (or more) residents.

Also common are lawsuits for eviction from former hostels, and often the initiator of the eviction does not quite understand which of the tenants he has the right to evict and which he cannot evict under any circumstances, for example:

the owner wishes to evict citizens belonging to a protected category of persons whose eviction without the provision of alternative housing is prohibited by law;
the owner of the hostel has changed, who initiates the eviction of all residents, in this case the eviction will be legal;
the tenant allows systematic delays in payment of utility bills, eviction is legal.

Example

The owner of the factory dormitory filed a claim to evict the Nesterenko family without providing alternative living quarters. The defendant filed a counterclaim for the court to recognize his right of ownership of the residential premises and permission for subsequent privatization.

According to the case materials, citizen Nesterenko received housing under an employment contract, but after some time he resigned from the enterprise, but did not leave the hostel.

At the court hearing, Nesterenko motivated his demands by the fact that he is an old-age pensioner and on this basis has the right to live in this residential premises.

The plaintiff, in turn, provided evidence that the defendant previously owned a three-room apartment, which he subsequently gave to his son, thereby deliberately worsening his financial situation. The court also found out that the defendant did not register as needing housing.

The court, having considered all the circumstances and examined the evidence, decided to terminate the tenancy agreement and evict the defendant from the office premises without providing him with alternative housing.

Sometimes even the court has difficulty understanding all the subtleties and intricacies of the case of eviction from a hostel. Therefore, if you are faced with a problem such as eviction, your first step should be to contact a housing lawyer.

Of course, if you wish, you can try to protect your rights on your own, but not only will this require significant moral strength and a huge amount of time from you, you may also not be able to cope with all the intricacies of housing legislation, in which case your chances of a positive outcome of the case will be minimal.

In matters related to housing, it is better not to take risks and rely on the experience of a housing lawyer.

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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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How does this happen?

Upon termination of employment with the employer or the end of the training period, citizens must voluntarily vacate the premises. If this does not happen, and also if the tenant is evicted due to non-payment of utilities, based on complaints from neighbors or for damage to the premises, the landlord has the right to go to court to make a decision on the forced eviction of the tenant from the hostel.

In advance, the owner of the property can send the tenant a warning, which indicates the reasons for eviction and the time frame within which the premises must be vacated. If residents refuse to vacate their living space, the hostel owner has the right to go to court.

If the tenants fall into the category of citizens who can be evicted only with the provision of another living space, then the landlord independently finds an option for new housing and offers it to those being evicted. At the same time, the worse living conditions of the new housing cannot become a reason for abandoning it. Mandatory conditions when selecting new housing for forcibly resettled citizens:

The housing area should be 6 square meters. m. or more per person;
the premises must comply with technical and sanitary standards;
the new place of residence must be located in the same locality as the previous one.

Eviction due to termination of employment may take place within a certain period of time. If the employee was fired more than three years ago, the statute of limitations is considered expired and it is impossible to evict the tenant from the hostel.

The consideration of an eviction case in court takes no more than 30 days. Evicted citizens have the right to attend the meeting. They are usually served with a subpoena. But the case can be considered without residents if they do not want or cannot appear at the court hearing.

Once the case is decided, the tenant is given an eviction notice.

Within one week, the citizen must voluntarily vacate the premises. After seven days, the landlord has the right to involve bailiffs to evict the tenant. Those being evicted have the right to request a postponement of eviction, but this issue is resolved individually in each case.

And if you need an application, a sample can be downloaded here.

Grounds for termination of right of residence

All of the above indicates that the owner of the hostel can:

Demand to vacate the premises voluntarily;
Take measures to document violations by residents: call the police, collect written explanations from employees, hostel administration, etc.;
Go to court;
Demand execution of a court decision from the defendant or the Social Insurance Fund;
Claim compensation for material damage caused by the actions of the tenant.

Actions that go beyond the scope of the rights granted may be interpreted by law enforcement officials as arbitrariness. Therefore, you should not personally kick residents out of the premises, expose or damage their belongings, or force the hostel staff to do this.

Deadlines

The seven-day period provided for eviction after the court decision enters into force has been discussed above. But with the limitation period, not everything is so clear.

It specifies a three-year limitation period, which is calculated from the moment the tenant terminates the employment relationship.

This is also indicated by other acts of the Supreme Judicial Body, which were issued at a later period. Therefore, it is recommended to adhere to the three-year limitation period.

The document must contain:

Name of the institution, organization.
Her legal address.
Position, surname, name and patronymic of the person issuing the act.

The name of the document indicates the “Order”, its number and a brief content “on eviction” indicating the surname and initials of the tenant. What follows is a brief explanation of the reasons for the eviction, with reference to supporting documents.

An eviction order is issued based on a personal statement from the tenant or a court decision.

After the descriptive part, the word “I order” follows in the middle of the line, and then it is indicated what exactly: to evict a specific tenant from the premises; consider the issue of settling candidates for square meters.

As already mentioned, the legal sources in matters of deprivation of the right to use housing are the Housing Code of the Russian Federation and the agreement under which people live in a particular hostel. The corresponding norms were introduced into housing legislation only in 2015; before that, eviction rules were determined by internal regulations of the organization managing the hostel. The new Housing Code did not bring anything new to this mechanism as a whole, but it did identify some features.

expiration of the period during which the right to use housing in the hostel was given to one or another person;
the person using the dorm does not pay the established payments for utilities and accommodation;
the resident repeatedly causes inconvenience to other persons using the hostel or otherwise interferes with their stay;
the person uses the residential premises provided to him for other purposes and violates the rules for using such premises.

This right of the management organization is imperative.

Meanwhile, such a phenomenon as living in a hostel has long been removed from the sphere of influence of public law. For this reason, relations between residents and the management organization are regulated primarily by the relevant agreement under which the use of residential premises is carried out.

Such relations are regulated by contracts.

labor agreements;
rental agreements;
education contract and so on.

In such situations, eviction is permissible only upon termination of the relevant agreement.

termination of employment relationships;
end of the period of education, including early;
violation of the rules defined in the agreement.

But this does not mean that eviction is impossible on the grounds of the Housing Code of the Russian Federation. These grounds are mandatory and apply to such legal relations, regardless of the basis of residence, including the existence of property rights.

Unilateral termination of the employment agreement by the management organization is possible only through the court. In this case, compliance with the notification procedure is mandatory for the court. Only after a positive decision has been issued by the court can a forced eviction be carried out.

At the same time, it must be taken into account that no one has the right to infringe on legal rights to residence. They are one of the constitutional rights of a person. But such a right must be officially registered, that is, the person must be registered in the appropriate housing. Only in this case the notification procedure is applied to him.

Can they be evicted from a hostel with permanent registration? They can, but only through the courts. Any other eviction is characterized as illegal.

What to do if they refuse to leave their home?

Often, even after a final court decision has been made on the claim, residents still refuse to comply with the order and leave the hostel. In this case, according to the code, eviction is carried out by force.

To do this, the homeowner must contact the bailiffs. To begin with, specialists notify citizens that they need to vacate the premises within a specified time frame . It is important not to confuse this warning with a document that was previously written by the owner himself - this notice has more authority.

If people do not move out within the allotted period of time, then the bailiffs have the right to send their employees to the hostel to physically expel citizens. Then their property is transported for storage to the bailiffs' warehouse, and in order to return it they will have to pay a certain amount for storing valuables. The owner of the vacated premises has the opportunity to dispose of it at his own discretion: for example, to move in new people.