Peculiarities of eviction from an apartment of illegally residing persons

Application to the district police officer for eviction

I want to write an application to the district police officer about eviction, but first I want to agree on some details with you, as far as this is appropriate. Using a general power of attorney, I am selling the apartment of my friends, since they live in another city.
Shortly before leaving, they settled a family there who lived there to pay off the rent (there was a large debt for utilities), they did not draw up a lease agreement, since these were friends of their friends. Two months ago they decided to sell the apartment, I asked them to move out within a month, but they refuse. What should I do? Can I and the local police officer evict them (they have a small child) or can this be done through the court? If this family is not registered in this apartment, then you can do without going to court, contact the district police officer with this issue, there will be no problems with their eviction.

If this family is registered in this apartment and is not voluntarily removed from the registration register, and by its actions interferes with the legal users or owners of apartments or other residential premises, such a citizen is subject to eviction through the court. Statement of claim to the district police officer for eviction To evict from an apartment in court, it is necessary to draw up a statement of claim. The grounds for eviction may vary. If the claim for eviction contains incorrect grounds, is based on the wrong legal norms, the result may be exactly the opposite (the person will still have disputed rights, and you will no longer be able to ask for the same thing in court, because in the same case you can apply to court only once). Therefore, before going to court with an incorrectly drawn up statement of claim or incorrect grounds for eviction, you need to know exactly which way to go. Moreover, you need to understand whether eviction is even possible or whether there are other ways to resolve the conflict situation. For example, exchange, exchange, gift to children, counter-purchase or commercial lease agreement and much more. An eviction claim is filed at the location of the defendant. This is what the Civil Procedure Code instructs us to do. Where is the location of the defendant? At the registration address from which we are renting him or where he lives now? Or he doesn’t exist at all, his whereabouts are unknown. What to do then? The lawyer or lawyer knows the right decision. And we would, of course, tell you this, but there is no single rule. In each specific case, the eviction claim will be considered by a specialist, taking into account the special circumstances (because your situation is different from that of your friends in the same similar situation!). An application to the court for eviction must contain the following attachments: Certificate of registration of the evicted person in Form 9 (fresh, preferably no more than 30 days old); Evidence on the basis of which the eviction claim is filed; Receipt for payment of state duty. In addition, you must sign the statement of claim and date it. If the formalities are not followed, your application may not be accepted. Eviction cases fall under a category of cases that the Constitution protects—the right to housing. Therefore, it is important to answer a few questions before suing. First, you need to understand the legislation. Is it even possible to evict such a citizen? There are exceptions to the rules under which a citizen under no circumstances can be evicted from an apartment, room, hostel or other housing. Secondly, if eviction is possible, what evidence is available and what evidence needs to be collected so that the court takes it into account and makes a positive decision. Judges treat eviction lawsuits with particular care and caution. From practice I would like to draw one important conclusion. The judges believe that it is better not to change anything, let everything remain as it is. Therefore, you have only one way - to correctly file an eviction claim. It’s better for a lawyer to write you correctly once than for you to sue yourself 10 times and not win in the end. Spend some money on preparing a good claim. This will help solve the problem once and for all!

In any case, all evictions are carried out in court. No district police officers are involved in evictions.

m.pravoved.ru

Termination of ownership

A more complex situation is considered to be when people lived in an apartment legally, but later lost their right to be in this object.

Eviction notice form.

In this case, the only way to vacate the premises is to go to court by the owner.

Typically, this situation arises when real estate is leased on a temporary basis with permission to register for the period specified in the contract.

If all deadlines expire, then citizens must voluntarily leave the apartment.

If they do not comply with the owner's requirements, then this creates certain problems for the property owner.

He has to resort to the help of the court to vacate his living space.

Usually the process is completed quickly and without delay if the following conditions exist:

• the apartment was sold to another person, and it can also be passed on by inheritance or as a result of drawing up a deed of gift, so the new owner wants to get rid of all citizens living in the property who do not have the right to be in this apartment;
• the agreement on the basis of which citizens use the living space has been canceled or terminated by the court, and its validity period, which is directly indicated in this agreement, may simply expire;
• the court made a decision to terminate the right to use the facility, and this is required if people physically refuse to leave the facility even after making all the demands, so it is necessary to go to court again so that the case is transferred to the bailiffs, who have the right to expel people using physical force;
• citizens who had the right to live in the property moved to another city or even country for permanent residence, which leads to the loss of this right, but the exception would be the situation when the owner of the property moves;
• divorce or other reasons in which the relationship between people changes, and in such a situation even a newborn may lose the right to an object if he does not act as its co-owner, but this applies to a situation where he is adopted by other persons.

Filing a claim in court

The most difficult stage in the process of eviction of citizens who are illegal residents is providing evidence of this fact.

In practice, such cases are often lost by property owners. This is due to the fact that they do not have enough evidence to prove the fact that the people living in the apartment really do not have rights to this.

Therefore, you can entrust their collection to an experienced lawyer.

How to draw up a statement of claim to the court for eviction from an apartment? See the link.

Pre-trial notification of tenants by the owner about eviction.

The municipality and other interested parties have the right to file a claim in court for the sale of real estate through public auction. This is possible when a citizen uses the housing he owns for other purposes, which, in turn, interferes with the comfortable living of neighbors or leads to the destruction of the premises.

For example, the apartment is used as a snack bar. In this case, the owner is first given an order to eliminate the violations within a certain reasonable period. If there is no action to correct the situation, the municipality or citizens whose rights have been violated go to court. The funds received as a result of the auction, minus the costs incurred for conducting it and the costs of legal proceedings, are transferred to the owner.

In such circumstances, compliance with the pre-trial conflict resolution procedure is required.

Citizen Zavrova went to court to protect the interests of her own, as well as her neighbors: gr. Tugrich and the minor Makov sisters. In the statement of claim, she asked to evict gr. without providing other housing. Vasyukin. She motivated her appeal with the following facts. Vasyukina, being the owner of the apartment, uses it to keep 16 cats.

Animals are not spayed or neutered, which leads to uncontrolled reproduction. Cleaning is not carried out after them, as a result of which there is a pungent smell in the entrance that penetrates into the neighbors’ homes. Minor Makovs have an allergic reaction to cats, which is confirmed by medical documents.

Based on this, Zavrova asks to evict Vasyukina, oblige her to remove all her things, carry out repairs and disinfection of the living space in order to eliminate specific odors. The court decided to partially satisfy the claim. Vasyukina is entrusted with the responsibility to remove the animals from the apartment, carry out repairs and sanitary treatment, pay monetary compensation for harm caused to the health of the Makov sisters, as well as moral damage to Zavrova and Tugrich. However, the eviction was denied because the plaintiff did not give notice to eliminate the violations within a reasonable time.

The basis for vacating the occupied premises will be the exclusion from membership of the cooperative of a person who has not paid the share contribution. Within two months after the decision is made by the meeting of shareholders, such a citizen, together with his family, must change his place of residence. The funds contributed as a share are returned to him. If a controversial situation arises and a refusal to voluntarily move out, the issue is resolved in court.

We invite you to familiarize yourself with: Judicial practice of collecting alimony from individual entrepreneurs if income is below the subsistence level

Eviction of illegally residing citizens

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Often people are faced with the question of how to evict illegal residents from their apartment. It would seem that if there are no rights to housing, then it would not be difficult to kick out the tenants. However, in practice, very often property owners face various problems. Let's figure out how to act to evict illegal tenants and not break the law ourselves.

Is it possible not to go to court?

If citizens agree to leave someone else’s property on their own, then there will be no need to go to court. This especially applies to situations where the tenants are close relatives of the property owner.

You can contact the local police officer, who will draw up a protocol. Based on it, citizens are required to leave their homes. Often this is a sufficient measure to solve the problem.

You can also contact the prosecutor, who can decide on the forced eviction of citizens.

How to evict illegal tenants in practice? Watch in this video:

Can a local police officer evict illegal residents?

The district police officer does not have the authority to evict anyone from the apartment. His functions include only explanatory work: he can conduct a preventive conversation with violators and point out to them the consequences that illegal stay in someone else’s premises entails. The district police officer must also explain that damage to property is subject to criminal liability under Article 167 of the Criminal Code of the Russian Federation, and also warn about further close attention to this situation by law enforcement agencies.

In some cases, such a conversation is enough for uninvited guests to leave someone else's house.

Forced eviction

If a person does not follow the decision made by the court, then eviction occurs through enforcement proceedings. The bailiff, in accordance with legislative norms, determines the period for voluntary vacation of the apartment; if it is not observed, there is no need for repeated notifications. This requirement includes the release of the living premises from the debtor himself, animals and things belonging to him. He is notified of the time and date of forced removal.

If the above-mentioned citizen is absent within the appointed period, this will not be a reason for the bailiff to fail to comply with the court decision.

In this case, he takes measures to preserve the property, but at the expense of the evicted person. If within two months the debtor does not pay and does not pick up his things, they will be transferred for sale.

When evicting with the provision of other premises, the bailiff must make sure that it is suitable for habitation and free from the claims of third parties.

How to evict illegal residents from an apartment

In cases where people who moved in illegally refuse to evict voluntarily, citizens have to resort to the help of government agencies.

You should not resort to forceful methods on your own and use physical force against illegal tenants; it is better to resort to legal methods of vacating the apartment.

Of course, it is necessary to keep in mind that this process is not quick; it requires patience and serious theoretical preparation.

Forced eviction may be subject to persons who voluntarily moved into the premises without any legal grounds. To confirm the legality of residence, the tenant must have one of the title documents:

• order;
• contract of sale;
• privatization agreement;
• lease contract;
• deed of gift;
• certificate of inheritance
• other supporting documents.

In practice, the period of time between the identification of unauthorized residents and their eviction is quite long. In some cases, criminal proceedings are initiated against citizens who illegally occupied residential space under Article 330 of the Criminal Code of the Russian Federation. Such liability may arise if the tenants’ actions caused significant damage.

How can you fight the unauthorized entry of citizens who actually have no rights to do so? Let's take a closer look at these methods

If illegal tenants do not want to vacate the territory or even threaten the owner, then the legal owner has the right to contact the district police officer. If residents, not wanting to leave the property, use physical force against the owner or third parties, then their actions can be qualified under Art. 116, 112, 115 or 111 of the Criminal Code of the Russian Federation, depending on the severity of the consequences.

There are a number of situations when you should contact the prosecutor's office and the law allows for a decision on administrative eviction. However, it must be borne in mind that a citizen has the right to appeal the prosecutor’s decision in court. Administrative eviction is carried out with the sanction of the prosecutor and can be carried out in the following cases:

• if the home is occupied without permission;
• if entry into the apartment occurred with the use of force against the owner;
• if the building is in disrepair and there is a threat to the lives of those living in it.

In court, eviction is carried out after the decision of the justice authority enters into legal force. If after this the illegal tenants refuse to evict, then this issue will be dealt with by the bailiffs, who have the right to act on the basis of a writ of execution and an application from the owner, but within the framework of enforcement legislation.

First of all, you should contact the violators and ask them to leave the premises. If your request has not been fulfilled, then you must send a written notice or demand to leave the illegally occupied living space.

You can read about how to draw up a demand and notification in the article on our website.

If there is no response to the eviction request, the owner needs to contact the police. The protocol drawn up in the apartment, the decision on the material of the verification of the application will also become evidence in court.

If the conversation with the district police officer did not produce the desired effect, then it is necessary to send a statement of claim to the court. The plaintiff may be:

• legally residing in the apartment (or several residents);
• apartment owner (individual, municipal entity);
• third parties whose interests are affected by illegal residence;
• prosecutor's office

The application should be submitted to the district court of general jurisdiction at the location of the disputed apartment, that is, at the place of residence of the defendant.

Statement of claim and required documents

In accordance with Articles 131, 132 of the Code of Civil Procedure of the Russian Federation, the statement of claim must contain the following information:

• passport details of the plaintiff;
• full name of the court;
• address of the disputed property;
• a link to documents that confirm that the plaintiff has ownership of the property;
• essence of the claim, description of the fact of illegal entry;
• justification that the defendant has no right to be in the disputed territory;
• claims for eviction of the defendant;
• Date of preparation;
• applicant's signature.

The following must be attached to the statement of claim:

• copies of the claim and each document in an amount corresponding to the number of persons involved;
• power of attorney, if the plaintiff will not participate in court hearings in person and his interests will be represented by another person;
• receipt of payment of state duty;
• documents confirming the rights of the plaintiff set out in the claim;
• calculation of the amount of damage or moral damage to be recovered;
• evidence confirming the implementation of pre-trial dispute resolution.

You can find out how to file a claim for eviction of illegal residents by following this link

This happens rarely, but still an imaginary squatter of the premises can prove his rights to reside in the disputed territory and the court can decide in his favor.

Eviction by court decision can be carried out voluntarily or involuntarily. Eviction is the release of the premises from people who occupied it without permission, their animals and property.

The eviction procedure cannot be carried out by either the owner of the premises or other persons. Only bailiffs are vested with these powers. If, even with a court decision, illegal occupants refuse to leave the premises, then bailiffs enter the premises, remove the violators, take out their belongings and animals. At the same time, they do not use physical force and maintain the safety of things.

In special cases, when unauthorized residents resist, additional employees of the Ministry of Emergency Situations and the police are involved to expel them. This is provided for by the provisions of Federal Law No. 229 of October 2, 2007 “On Enforcement Proceedings”.

Is there an article for illegally living in someone else’s apartment without an agreement?

Secondly, a search carried out in extreme circumstances, not previously agreed upon by the judge, but subsequently confirmed by him, cannot be considered unlawful. Violence or threats These signs are present in various articles of the Criminal Code. Illegal entry into a home may result in mild damage to health.

Such harm is damage that causes a minor, transient consequence that lasts no more than six days. Violence can manifest itself in the form of beatings (multiple blows), restriction of the victim’s freedom (tying, for example). In these cases, the act is not further qualified under Art. 115 and art. 116. If violent actions were accompanied by harm of moderate severity, as well as severe damage to health, as well as the death of the victim, the act is additionally covered by Art. 111, art. 112 or 105.

Application to the police about the eviction of illegal residents (sample)

An application for the eviction of illegally residing persons is submitted to the police department according to the principle of territoriality, that is, to the district department that serves the territory where the illegally occupied apartment is located.

This document must be drawn up in the name of the head of the police department or directly in the name of the district police officer, if his details are known to you.

The application must indicate:

• last name, first name, patronymic of the applicant and his place of residence
• description of the current situation: when and how strangers entered the home, what illegal actions they commit, what measures were taken to encourage them to leave someone else’s territory, etc.;
• an appeal with a request to qualify the actions of the violator, take measures and encourage him to leave the living space that belongs to you.

Copies of the following documents must be attached to the application:

• certificate of ownership of the apartment;
• official demands for eviction;
• other documents related to the essence of what is happening;
• date, signature, surname, name, patronymic of the applicant.

Despite the apparent simplicity of eviction of illegally residing persons, this issue still remains quite complex and has many nuances. If after studying our article you still have questions or your situation is atypical, then contact our website specialists for a free consultation.

A lawyer specializing in housing disputes can help you:

• save time and resolve the issue pre-trial;
• file a claim with the justice authorities;
• support him in hearings and debates between the parties;
• bring complaints against the court decision, the actions of officials;
• achieve eviction after the verdict enters into legal force.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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Eviction from an apartment or private house can be a forced measure if the owner cannot get rid of tenants who do not have the right to be in the apartment or cottage, but refuse to leave the property voluntarily.

The owner can call the police or contact the local police officer, but the competence of law enforcement officers is limited, since citizens may believe that they are in the living space on completely legal grounds.

The initiation of a criminal case will most likely also be refused, since the investigator or inquiry officer may not see the elements of a crime in the actions of the offender. The owner or owner of the property will have only one option - to protect his rights through civil proceedings.

It is necessary to file a claim when a citizen has lost the right to use housing or abuses his rights. A situation is possible when citizens occupy residential premises without permission and even make current (major) repairs to them.

In such a situation, the owner cannot independently apply measures of physical coercion, since this may be fraught with criminal liability for him. You have to go to court and later, if the defendants refuse to comply with the court decision, evict the illegal tenants with the help of bailiffs.

If the statement of claim is not related to claims exceeding 50 thousand rubles, then the application can be submitted to the magistrate at the location of the defendant.

The homeowner has the right to decide who lives in his apartment or private house and who does not. But his rights are limited to permanent or temporary registration of residents.

The owner of the premises cannot terminate registration at his own discretion and simply throw people out onto the street, even if they use the housing for other purposes, damage property, and disturb neighbors. You will need to confirm your arguments in court in order for the apartment user to lose the right of residence and be forcibly evicted.

It is also legal to demand eviction in the case where the registered citizen does not bear the burden of maintaining the property and does not pay for utilities.

Eviction is possible on the basis of the Civil Code and Housing Code of the Russian Federation. In all cases, it is necessary to prove that the citizen does not have the rights of owner or user of housing.

The plaintiff has the right to demand the forced termination of the right of ownership of housing by a citizen who systematically violates the rights of neighbors.

The grounds for eviction are indicated by the Housing Code of the Russian Federation - Art. 35 and art. 91. If a citizen is a user of housing, uses it for other purposes, periodically violates the rights of neighboring residents, then the owner is obliged to warn him about the need to behave in an appropriate manner and restore the housing to normal condition.

In case of repeated violations of the law, the owner has the right to demand the forced eviction of the citizen.

In this case, after a warning from the owner, former family members are subject to forced eviction if they still have the opportunity to use the housing.

Then the owner has the right to warn the tenant about the need to behave lawfully, and if preventive measures do not work, then the tenant and his family members can be forcibly evicted.

The eviction of citizens who rent housing under a commercial lease agreement is carried out taking into account Art. 671-688 Civil Code of the Russian Federation.

A statement of claim can be filed against several defendants - for example, a citizen and members of his family. If small children live in the residential premises, then guardianship authorities may be involved in the proceedings.

The plaintiff must clearly formulate the grounds on which the tenants are subject to eviction. In this case, it is necessary to prove that the defendant does not have the legal right to live in the apartment or house, or the plaintiff must be required to prove the illegality of the right to use (reside) in the residential premises.

Eviction from an apartment is carried out in accordance with the general procedure. The plaintiff needs to prove that the defendants do not have the right to live in the apartment. If the court is convinced of the position of the plaintiff, then the defendant is subject to eviction if he refuses to voluntarily comply with the court decision.

It is difficult to evict a defendant if he has co-ownership rights. If the defendant’s share in the apartment is insignificant, then other owners may demand forced termination of the right to a share in the apartment, with payment of proportionate compensation to the defendant. Simultaneously with the termination of the owner's powers, eviction can be demanded.

It is easier to evict the defendant from a municipal apartment - in case of non-payment of utilities, in the case when the defendant damages the living space, uses it for other purposes (for example, as a workshop, etc.), regularly and systematically violates the rights of neighbors.

Then the owner of the property, the municipality, has the right to demand forced termination of the social tenancy agreement. If residential premises are damaged or the rights of neighbors are violated, the tenant of municipal housing and his family may be evicted without being provided with another residential premises.

If utilities are not paid, the tenant may be evicted from the hostel.

Is it possible to evict from a municipal apartment? See here.

Eviction from the hostel is carried out depending on the specifics of the owner’s rights to the residential premises (room).

If he is the legal owner of the room, but violates the rights of his neighbors, then only the municipality with the support of the state housing inspectorate can demand that the citizen be evicted.

It is difficult to evict the owner of a dorm room, even if he has such a dangerous disease as tuberculosis. You will first have to seek forced hospitalization of the citizen, which is also unlikely. It will be necessary to prove that the stay of a sick citizen in a hostel significantly and regularly violates the rights of neighbors.

The process of eviction of citizens from communal housing depends on the status of the defendants. If they are the owners of a share in the apartment and own a specific room, then it is more difficult to evict such a citizen.

It is necessary to prove that it significantly violates the rights of neighbors; then only local authorities can file a claim, based on preliminary complaints from citizens.

You can evict your ex-spouse if the following conditions are met:

• the marriage is officially terminated;
• the apartment is not joint property of the spouses;
• The court decision regarding the termination of the spouses’ right to use the residential premises came into force.

Based on Part 4 of Art. 31 of the Housing Code of the Russian Federation, the court may oblige one spouse to provide housing for another ex-spouse in need - due to his illness or poor financial situation.

The court may reserve the right of the ex-spouse to continue to live in the apartment for a specific period.

If the court obliges one of the spouses to provide housing for the other spouse, then he must indicate the type of residential premises, the minimum area, and the right on the basis of which the housing is transferred to the use of the former spouse.

The judge can even force one of the spouses to buy or build housing for the other ex-spouse. In any case, if a spouse filed a lawsuit to evict the other spouse from the apartment, then, according to paragraphs. 13-17 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 14 of July 2, 2009, the court is obliged to consider the possibility of preserving the former spouse’s right to use housing for a certain period (if the former spouse does not have his own housing or the funds to purchase or rent it).

Citizens who do not have the right to live in an apartment are evicted in accordance with the general procedure. To do this, it is necessary to warn them in advance, and if this does not work, then prepare to go to court.

If the illegal residence of citizens in an apartment or house is proven, the likelihood of winning the court is high.

You can evict tenants, especially if a rental agreement has been drawn up, for good reasons:

• expiration of the rental agreement and the landlord’s refusal to renew it;
• failure to pay rent for six months;
• damage to housing, systematic violation of neighbors' rights.

Taking into account the norms of Art. 687 of the Civil Code of the Russian Federation, the court may give the employer a period to eliminate violations, which cannot be more than a year. If the tenant continues to violate the rights of the landlord, the court, at the request of the defendant, may extend the probationary period for a period of up to a year.

If the warnings are futile, the tenant may be evicted from the property along with family members.

Failure to pay for an apartment within six months (meaning rent payments) may result in termination of the rental agreement and eviction of the tenant. The fact of non-payment is confirmed by bank statements and other documents.

The claim is filed at the location of the defendant. The document is drawn up according to the rules of Art. 131-135 Code of Civil Procedure of the Russian Federation. The owner and legal user of the housing have the right to file a claim.

The statement of claim in the first and appellate instances is considered by a judge alone, with the participation of the parties, however, their failure to appear, with proper notification, cannot serve as an obstacle to considering the claim and making a decision on it.

The statement of claim for eviction must contain the name of the court, information about the parties to the proceeding and third parties.

You must provide information about the plaintiff:

• FULL NAME.;
• address of permanent or temporary registration;
• Contact details.

It is necessary to indicate information about the defendants - their full name, registration address or location. Information about the legal representatives of the parties and third parties is indicated.

In the descriptive part, it is necessary to consistently disclose the content of the conflict based on legal facts - events and actions of the parties. It is necessary to thoroughly outline what exactly the violations of the law by the defendant are and support your arguments with substantial evidence that the court considers convincing.

The claim must be signed by the plaintiff or his legal representative. The date must be indicated on the application. The number of copies of the claim must be equal to the number of participants in the case + 1 copy for the court.

There is no general claim form. The volume of the document depends on the content of the controversial situation. The main thing is that the claim has introductory, descriptive and pleading parts. Copies of documents must be attached to the application.

A sample letter of claim for eviction is presented here.

In 2020, the following documents are required to file a claim:

• a copy of the plaintiff's passport;
• title documents for real estate (contracts, agreements, etc.);
• USRN extracts - to confirm ownership of the living space;
• certificate of marriage and divorce;
• receipt of payment of state duty.

The plaintiff may attach to the claim form any documents that he deems necessary and which, in his opinion, confirm the validity of the arguments of the initiator of the eviction.

If a citizen acts through a representative, then a notarized power of attorney will be required.

The state duty for non-property claims is 300 rubles. It is paid upon filing a claim.

If the claim is supplemented by property claims, then the amount of the fee depends on the price of the claim and is determined according to the rules of Art. 333.19 Tax Code of the Russian Federation.

Is it possible to evict a pensioner from service housing? Information here.

How to evict an unregistered person from an apartment? Details in this article.

If the plaintiff manages to prove the validity of his claims, then the decision in court will be positive. It is impossible to predict it in advance, since the court is not bound by the arguments of the disputing parties and is called upon to resolve the dispute objectively and impartially.

In a difficult situation, it is recommended to support a qualified lawyer who will be able to protect the property and other rights of the conflicting parties.

realtyurist.ru

Reasons

The reasons for the appearance of illegal tenants are:

• delay in temporary residence permit or commercial lease agreement (sublease);
• illegal conclusion of an agreement on the transfer of premises for use to third parties without the consent of the owner - the municipality or an individual, a private organization;
• living in the apartment of former relatives of the real estate seller and his minor children;
• the presence of a former spouse in the living space, who has another premises suitable for permanent residence, is able to work and does not have a disability group;
• when parents are in the apartment and are deprived of the rights to raise a child, if the minor lives in his own living space;
• expiration of the validity period of a warrant or social tenancy agreement for the occupation of a certain area.

The legal basis for the eviction of citizens who have illegally moved into an apartment is Article 301 of the Civil Code of the Russian Federation, which states the protection of the rights of the owner of the premises from the claims of other persons. To confirm their rights, they provide the court or law enforcement agencies with proof of ownership of the property - a certificate of ownership or an agreement to purchase an apartment as a gift, under a purchase and sale agreement, privatization, etc.

If relations with relatives have deteriorated and living together is impossible, then this does not represent grounds for eviction of these citizens; the presence of legal reasons for their leaving the premises is checked.

In relation to citizens who illegally occupied square meters, the principle of inviolability of housing, prescribed in the Constitution of the Russian Federation, does not apply. This is due to the fact that it is impossible to deprive the right to an area that does not rightfully belong to a citizen.

The most common reason is eviction due to the sale of real estate, receiving it as a gift or by inheritance. In this case, citizens occupying the premises and being the family of the former owner must leave the apartment within the time limits established by law, in particular after registering the right to real estate in Rosreestr.

Features of illegal eviction from an apartment are discussed in the article: illegal eviction from an apartment. Read about eviction of a minor from public housing here.

Inheritance and eviction of illegal residents.

Enter into the heritage, and then evict. you missed the deadline for joining the inheritance. Now they will have to be restored in court. And if they refuse you, go to court, recognizing the conditions for the passes as disrespectful, and grandfather’s wife will receive EVERYTHING in a box!

Before this, you need to go to a notary and get consent to accept the inheritance by the heir who missed the deadline, maybe they have their own procedure, and there will be no need for a trial.

so “I’M HAPPY WITH ME.”

Sometimes I’m tormented by the idea that we have only oligarchs living in Russia.

netkons.ru

Where to go to dispute

If you find a utility bill that raises suspicions, you should first contact the Housing Office and find out whether the authorities could have made a mistake.

If the invoice data does not contain errors, the owner needs to pay a visit to the Federal Migration Service and ask the agency staff for the consent of the apartment owner to register someone.

In order to challenge illegal registration, you will have to contact the judicial authorities. You should have with you a statement of claim that contains a request to evict individuals from a residential property.

Who is an illegal resident?

This is a person who has occupied premises without any legal basis .

For example, a man rented a room and decided to earn extra money by moving other tenants in. Or the former spouse does not want to leave the former family nest. Is it possible to evict them? It’s very possible even without providing an alternative, if you know how to do it correctly :

• with the sanction of the prosecutor (say, when eviction from a dilapidated house);
• by a court decision (and not earlier than the decision comes into force - after all, no one has canceled the defendant’s right to defend himself and he may well prove during the proceedings his right to live in the disputed apartment).

It is clear that there is a great temptation to simply kick such an “invader” down the stairs and throw his things from the balcony. However, Article 330 of the Criminal Code of the Russian Federation warns that this should not be done, especially if such actions will cause harm to the expelled person .

Read about how people are evicted from municipal housing and from hostels, read the detailed materials on our website.

Article 330. Arbitrariness

1. Arbitrariness, that is, unauthorized, contrary to the procedure established by law or other regulatory legal act, the commission of any actions, the legality of which is disputed by an organization or a citizen, if such actions caused significant harm, is punishable by a fine in the amount of up to eighty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to six months, or compulsory work for a period of up to four hundred eighty hours, or correctional labor for a period of up to two years, or arrest for a period of up to six months.
2. The same act, committed with the use of violence or with the threat of its use, is punishable by forced labor for a term of up to five years, or by arrest for a term of up to six months, or by imprisonment for a term of up to five years.

The plaintiff must provide the court with evidence that the defendant has no right to be in the premises where he moved in.

They will come to the rescue : an application to the district police officer to evict an illegal resident, other residents, a homeowners association or a management company.

Oral assurances, no matter how eloquent they are, will not be heard by the court. Most often, the claim is filed by the owner, who is reclaiming his home from someone else’s unlawful possession (Article 301 of the Civil Code).

Article 301. Reclaiming property from someone else’s illegal possession

The owner has the right to reclaim his property from someone else's illegal possession.

The following documents can indicate that someone is living in an apartment illegally :

• rent contract;
• the court's decision;
• certificate of divorce;
• a certificate from the housing office about arrears in payment;
• testimony of the district police officer, neighbors;
• document from the Management Company;
• residential premises inspection report.

Eviction of a former family member by the owner

There is a general rule according to which a person loses his right to use an apartment when family relations with him are terminated. This means that such a citizen is obliged to vacate the living space. Otherwise, the owner has grounds to appeal to the court with a demand to evict illegally residing persons.

To substantiate the claim, it is necessary to present evidence that the family relationship has been terminated. For spouses, confirmation will be a divorce certificate issued by the civil registry office.

• on termination of general management;
• the absence of a joint budget;
• about moving to another place of residence.

All circumstances are studied together. Particular attention is paid to the situation of minors. The termination of a marriage relationship and the departure of the mother/father to another locality will not be grounds for termination of use of the apartment and the discharge of the child, just as deprivation of parental rights does not exclude the possibility of minors living in the disputed premises.

• illegally residing citizens do not have their own home and do not have the funds to purchase it;
• the presence of unfavorable life circumstances (job loss, illness, etc.).

In this case, the period during which the person has the opportunity to live on the owner’s premises will be determined.

The owner of the apartment may also be forced to provide housing for a former family member if he has alimony obligations towards him.

When deciding this issue, the financial situation of the owner is taken into account, and the provided living space may have a minimum size and be located in another locality.

What can serve as evidence?

In case of antisocial behavior of a person, it is necessary to contact the police department and collect information about the identity of the offender. Rowdy behavior, drunkenness, drug addiction, theft, fights - all these facts can have weight in the evidence base for eviction.

Eviction due to non-payment of utility bills. The reason for eviction of unauthorized persons will also be debt for utilities. The debt period must be six months or more.

Evidence for the court can be the testimony of witnesses and a certificate from the housing department or management company (stating that the apartment is not being used for its intended purpose, there are violations in it, etc.).

If there is a need to evict the tenant, then the proof will be the lease agreement signed by him and you. It will be clear from this that the lease period has already passed and the tenant must move out.

The evidence base will be any documents that negatively characterize illegal occupants.