Apartment takeover
With the advent of the state register of real estate rights, outright raiding in the housing sector has become rare. If the premises are occupied by unknown persons, it is enough to call the police. Law enforcement officers will help you enter the apartment and ensure that intruders are expelled from it. The actions of the invaders will fall under Art. 139 of the Criminal Code of the Russian Federation.
The punishment for the crime depends on the qualifications. If criminals seize real estate in the absence of a citizen living there, they face a fine of up to 40,000 rubles, confiscation of earnings for 3 months, compulsory work of no more than 360 hours, correctional labor for 1 year or three months of arrest. If a crime is committed using violence, threats, or entry into a home by a group of people, the sanctions will be much tougher.
The injured owner will only need to write a statement to the police. Law enforcement will take over the investigation. As part of the criminal process, it will be possible to file a civil claim for compensation for damage caused, including moral damage (Article 44 of the Code of Criminal Procedure of the Russian Federation).
What should you do if a police officer knocks on your door?
If you hear “Open up, police!” from behind the front door, the first thing you need to do is calm down and not lose your composure.
Remember that anxiety will not allow you to concentrate, will make your speech uncertain and your movements nervous. This will only increase the police officers' suspicions.
A few simple steps to help protect your rights from police brutality:
The tenant has the right to ask the police for identification.
Make sure the police officer is “authentic.” Examine his badge and ask to see his identification. Review the document through the door peephole or through the chain. The person must be recognizable in the photograph. Any discrepancy should raise suspicion.- Ask to state the purpose of the visit. Upon hearing a refusal, you need to immediately dial 102 and report an attempt at illegal entry.
- A trainee accompanying a police officer cannot take part in any investigative activities because he is not an official.
- If there are no legal grounds, calmly tell the police officer about the illegality of his actions, call 112 and inform the operator about it. If the purpose of the visit is a conversation, offer to chat on the street or leave you an agenda.
- Documents, orders and resolutions carried by a police officer must be drawn up in the department of the internal affairs bodies to which the officer is attached. Any deviations from this rule are illegal.
- The employee must have legitimate reasons for the visit and state them upon request. Checking the information received also does not oblige the apartment owner to open the door. Such an obligation is imposed only by a corresponding order of an official.
- Having decided to let a policeman into your apartment, dictate the information from his ID to your relatives or friends over the phone. They can call the specified department and get a certificate indicating whether such an employee works for them.
- Remember that, while in your apartment, a law enforcement officer must, in accordance with paragraphs 2 and 5 of Article 15 of the Federal Law “On Police,” treat the property owner and his family members with respect and not cause material damage. Each fact of entry into a residential premises must be reported to the direct management of the unit.
- As soon as the purpose of the visit is achieved, the employee must immediately leave the premises.
A person who feels uneasy in the presence of the police can print out and hang these instructions near the front door. Then, in the event of an unexpected visit from law enforcement officers, he will be able to competently build communication, protecting his rights and interests.
If desired, the owner can videotape the visit. Here, the legislation of the Russian Federation does not impose any restrictions on citizens.
The only condition is that video recording should not interfere with police officers performing their official duties.
Disputes between owners
Such conflicts are considered the most complex from a legal point of view. An apartment can belong to several persons at the same time . Russian legislation provides for two forms at once (Article 244 of the Civil Code of the Russian Federation): general joint and shared.
In both cases, the owners can dispose and use the property. They must do this by mutual consent. If it is not possible to reach an agreement on the rules of living in the apartment, the issue is submitted to the court for consideration. At the same time, the servants of Themis do not always satisfy claims for resettlement. Compensation is often considered as an alternative.
A monthly payment for the inability to actually use the premises is prescribed in the following cases:
- the area and layout do not allow dividing the apartment into parts;
- the plaintiff's share is extremely small;
- cohabitation of conflicting parties infringes on the interests of third parties (for example, children).
The list of grounds that courts use when awarding compensation remains open. An example of the approach is the determination of the Supreme Court of the Khanty-Mansiysk District in case No. 33-649/2015.
Vindication
Article 301 of the Civil Code of the Russian Federation gives the owner the right to reclaim property illegally held by third parties. The procedure for implementing this mechanism in practice was explained by the Supreme Court and the Supreme Arbitration Court of the Russian Federation in joint resolution No. 10/22 of April 29, 2010. However, the issue cannot be called resolved.
Thus, formally, owners have the right to reclaim real estate even from a bona fide purchaser. However, the wording of Art. 302 of the Civil Code of the Russian Federation significantly complicates the process of proof. It is impossible to lose or steal a permanent structure or land plot. The only basis for vindication is disposal against one's will. The need to prove this fact prevents the use of the mechanism in the fight against abuses of citizens or tenants registered in the apartment.
Reference: A bona fide purchaser receives an item from a person who does not have the right to alienate. Moreover, such a participant does not know about the illegality of the operation. An example is the sale of apartments using forged documents.
If the premises are reclaimed from a bona fide purchaser, the owner will have to compensate the cost of inseparable improvements. The basis will be Art. 303 Civil Code of the Russian Federation.
In conclusion, we note that Russians have one more legal tool at their disposal. The legal owner has the right to apply to the court with a request to establish a special ban. The basis for the negatory claim is Art. 304 of the Civil Code of the Russian Federation. The outcome of the proceedings is a binding order. The defendant must refuse to take any action. Failure to comply with the ban may result in fines.
Accommodation of tenants in a communal apartment
Advice from lawyers:
1. I rented out an apartment with a contract period from 02/27/2020 to 12/31/2020. According to the contract, tenants must pay for accommodation, utility bills according to the receipt, Internet, cable TV. As of today, their accommodation has been paid for, but they are in no hurry to pay utility bills. They ignore my messages. Apparently they are problem tenants, how can I get rid of them without harming myself?
1.1. Terminate the contract by notifying them 3 months in advance. You are required to pay for utilities and everything else.
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2. I want to evict tenants from a communal apartment, I am the owner of one of the rooms, today I photographed the agreement for the rental of a communal room, can I already file a lawsuit without checking the police for the right of residence and passport regime? Or is this still not enough?
2.1. With the authority of the owner, you give written notice of termination of the rental agreement. If you refuse, you file a lawsuit for eviction. The police will be needed here in case of a physical confrontation.
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2.2. The police have nothing to do with it, come on.
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2.3. Good evening, Sergey! Yes, you have the right to file a lawsuit without first contacting either the police or the Federal Migration Service. Or you can first go to court, and, if necessary, then to other competent authorities.
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3. The tenants haven’t paid for utilities for 3 months, and they haven’t paid me for two months, they still live in my apartment, today I received information that a criminal case has been opened against them under article fraud, what should I do to get them to pay me? accommodation and utilities?
3.1. Have you talked to them, what do they say? Did you call the policeman? Has an agreement been drawn up with them?
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3.2. Good day! File your claim, then go to court. I can schedule you for a free consultation, call me.
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4. We have a communal 3-room apartment, i.e. 3 owners. One of the owners let the tenants in and informed us on the day of check-in. The other owners are against their residence, especially since we have a minor child. what should we do? Thank you.
4.1. Evict tenants through the courts. You can recover all costs associated with this case from the defendant in accordance with Art. 100 Code of Civil Procedure of the Russian Federation. Sincerely, lawyer – Stepanov Vadim Igorevich.
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5. I own 5/6 shares in a one-room apartment, the one who owns 1/6 shares actually lives in it, does not pay utilities, he also owns an isolated apartment, wants to rent it out to tenants and subsequently live in the apartment in which has 1/6 share. He objects to my moving into the apartment where I have 5/6! Living together is not possible. How can I move in?
5.1. Hello Reseda! You have the right to go to court with a claim for occupancy. You are the same owner and have the right to live in this apartment (Article 209 of the Civil Code of the Russian Federation).
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6. Is temporary registration at the place of stay a basis for living in a room in a communal apartment (owned)? How many people can be temporarily registered in a room of 18.4 square meters? m. commun. Apartments? Are there any restrictions (living space per person) for temporary registration? Is the consent of the other room owners required for tenants to use the common areas of the apartment communities?
6.1. There is no norm in privatized apartments; you can register as many as you want. But in order not to fall under criminal liability, under the article on “rubber apartments” people must actually live in an apartment. The use of common areas must be agreed upon with other co-owners.
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7. Communal apartment of two rooms. The rooms are privatized. The owner of one of the rooms rented out his room, but the tenant committed a crime - he entered the room of the second owner. He didn’t steal anything, but video footage proved that he was looking for something, under the mattress, in the closet and other places. A criminal case was opened. Is it legal for such a tenant to live in this communal apartment?
7.1. I believe that such a tenant has no place in this apartment; discuss this issue with the owner who rented out the room.
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8. I own a room in a two-room communal apartment. According to Art. 209 of the Civil Code settled the tenant under the contract. The roommate turns off the gas water heater so that they cannot use hot water. It also hinders accommodation in everything. Places a clothes dryer in the aisle, which always blocks passage. Doesn't respond to conversations. Engages in self-government. He tries in every possible way to survive as a tenant. Can this issue be resolved by filing a police report?
8.1. The police do not deal with such issues arising from civil legal relations. You have the right to file a claim in court for non-obstruction in the use of property. Her consent to renting out your room is not required.
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9. I inherited a room in a communal apartment. Two neighbors in a four-room apartment. Can I rent out a room to tenants? How can this be done legally? Do neighbors need consent? The room is privatized. There is a separate personal account.
9.1. Enter into a formal lease agreement with your tenants. If you have shared property, then you need the consent of your neighbors. If not shared, then permission from neighbors is not required.
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10. How can you legally evict your neighbors' tenants from a communal apartment? And where can I go? Possibly living under an annuity agreement but not paying taxes is not legal at all. He is a single father of two children. There is a mother. There is living space in the dormitory. He goes to work and leaves the children alone at home. Children naturally do whatever they want, they have already started a fire. Does not comply with sanitary and hygienic rules for living in the apartment. Tell me how to evict them.
10.1. Contact the local police officer first. Then to the court with a claim for eviction, as well as to Rospotrebnadzor and the housing inspection to conduct an inspection.
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11. If a tenant is registered in a rented room, and the neighbors are against it, can they evict my tenant through the court... (provided that the tenant fulfills all the conditions of living in a communal apartment)
11.1. Hello, they can. Make an agreement. Tenants can live only with the consent of neighbors. Only the owners (if the rooms are owned) or registered (municipal) can live in the apartment.
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12. My husband and child live in the same room in a communal apartment. The neighbor rented out his room, but these tenants do not suit us or the other neighbors. How can I legally terminate the occupancy of these tenants? Thank you.
12.1. Civil Code of the Russian Federation Article 253. Possession, use and disposal of jointly owned property 1. Participants in joint ownership, unless otherwise provided by agreement between them, jointly own and use common property. Give your neighbor a pre-trial claim to terminate the use of the apartment by his tenants without your consent, and if refused, file a claim in court.
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13. The tenants broke the interior doors and moved out without paying utilities for the month of their stay. Of the two sets of keys, only one was returned. The apartment rental receipt did not indicate the doors. Can I go to court, how can I prove the fact of residence and damage?951
13.1. Hello! You can recover damages caused to you if your neighbors confirm that these people lived there, can recognize them, and you have at least some information about them.
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13.2. Dear Galina! I explain to you that in accordance with Art. 15 of the Civil Code of the Russian Federation, a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount. Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of civil circulation if his right was not violated (lost profits).
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14. The tenant, according to the agreement, has not paid utility bills and accommodation for more than 3 months. Refuses to pay and move out. The owner locked the apartment with a second lock. Question - Where to go to forcibly evict a tenant.
14.1. To your local police officer. Call 02 (be sure to go there) and explain your situation. Your application will be sent to the police department of your area and the local police officer will come out. Show him the contract and explain the situation. If somehow this does not help and the district police officer does nothing, then go to court. Based on a court decision, bailiffs will forcibly evict the annoying tenant.
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15. Is it possible to punish the owners of housing in a communal apartment if they let in tenants who create unbearable living conditions, have company and drink until the morning, and constantly flood. This means that the owners receive money from them without paying taxes, and the neighbors suffer.
15.1. — Hello, what’s stopping you from calling the police while drinking? And you will have grounds to go to court. You will need to make a claim against the owner. And then file a claim in court on the basis of Art. 304 of the Civil Code of the Russian Federation Article 304 of the Civil Code of the Russian Federation Protection of the rights of the owner from violations not related to deprivation of possession [Civil Code of the Russian Federation] [Chapter 20] [Article 304] The owner may demand the elimination of any violations of his rights, even if these violations were not associated with deprivation possessions. Good luck to you and all the best.
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16. I rented out an apartment without a contract. Suddenly the tenants decided to move out. During the eviction, it turned out that, according to the verbal agreement, they did not pay utility bills, television, and the Internet. And they didn’t pay for a month’s stay. We went to meet them, as they were a young family with a small child, and they said they would return within a month. It's been 2 months already. They continue to serve breakfast. The total amount of debt is 12 thousand. Tell me what steps to take to get the money back?
16.1. Hello. Yes, without a contract you will not get your money back. You can say that you will file a police report.
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16.2. Unfortunately, without a contract and other signed documents, you will not be able to recover anything from them.
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16.3. Hello! Take a receipt indicating the date of payment. If they refuse, tell them that you will file a police report. But then, with a receipt, it will be possible to go to court.
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17. Please, is there any law against your neighbor in a communal apartment? He lives and doesn't pay for anything. The rent debt is more than 300 thousand. My family and I are forced to rent an apartment, because it is impossible to live with her. We rent out rooms. She feels like a mistress. Prevents access to common areas. Constant drinking, guests. The tenants survive, no one can get along with her for long. By the way, 3/4 of the living space of the apartments is owned by my family.
17.1. Options are possible. Apply in person with documents.
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18. The tenant did not pay for a month’s stay and moved out of the apartment, taking the keys with him. According to the lease agreement, he was supposed to give 1 month’s notice about the move, which he did not do. I did not pay for the utilities specified in the lease agreement for a long time, and therefore a lawsuit was filed against the landlord. How to correctly draw up a statement of claim. How to correctly calculate the debt for utility bills in relation to the tenant.
18.1. It is impossible to teach how to correctly draw up a claim and the calculation procedure within the framework of a consultation. You can only compose and calculate. But this is a paid service.
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19. A neighbor who bought the room next to mine in a communal apartment rents it out to a person with a criminal record. My floor neighbors and I are against this tenant's residence. We talked with the neighbor about what was against the tenant, but no action was taken on his part. What to do in this situation?
19.1. Hello! If the tenant does not violate the rules of residence and the rules of law, then you cannot do anything. If he violates this, contact the police. Unfortunately, you do not have the right to tell the owner who to rent it to and who not to rent it to.
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20. The tenants did not pay utility bills and living costs for the last month, and moved out of the apartment without any warning. A rental agreement has been concluded and there are copies of the passports of the people living in the apartment. The receipt of money was not documented in any way. Is it possible to go to court in this case and is the gamble worth the candle, since the amount of non-payment is about 10 thousand rubles?
20.1. Yes, it's a winning deal.
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Can the owner of the apartment sue the tenants for non-payment of utilities for 2 months,
The grandmother lives in a communal apartment, the owner, the second owner moved in tenants.
I am against tenants living in a communal apartment in which I live myself. I am the owner of one of the rooms, and other owners rent out rooms to them. What should I do?
How can I get my money back? The tenants moved out without paying utilities for 5 months and 1 month of residence.
I live in a 4-room communal apartment, I occupy one room. At the moment we have a new neighbor!
I live in a communal apartment. A neighbor who has a room lives in another city and allows tenants into her living space.
I live in a communal three-room apartment, three families. One room is privatized, but two are not.
Please indicate specific preliminary measures and steps that need to be taken,
The term communal apartment is justified only when the rooms are ASSIGNED to the owners?
I have a large rent debt in a communal apartment; I live in another place.
The question is the following.. my apartment was rented out without a contract, since I was forced to leave for another region for family reasons.
