COURT DECISION ON EVICTION, eviction, eviction from an apartment, eviction from a residential premises, claim for eviction, claim for eviction, claim for eviction, judicial eviction, eviction from housing,

Neither the Civil nor the Housing Codes of the Russian Federation contain a definition of the concept of “eviction”.

The essence of eviction is to vacate the premises both from the debtor and from his things (property) located in the premises.

Therefore, if the premises are not actually occupied, the things of the alleged defendant or third parties are not there, then it makes no sense to go to court with a claim for eviction.

In relation to housing relations, if a citizen, while maintaining registration at the place of residence, does not actually live in the residential premises and has not left any property, it is worth filing a demand to recognize the defendant as having lost the right to use the residential premises, or to recognize the right to use as not having acquired it. The court's decision to recognize the defendant as having lost the right, or not having acquired... will be the basis for deregistration at his place of residence.

Eviction procedure. Algorithm of actions

1) Applying to the court with a claim for eviction from the premises

Depending on the actual circumstances, the statement of claim may contain various demands related to the termination of the right to premises (residential premises):

For examples and samples of claims, see the section: “Claims for eviction from residential premises by the owner of an apartment or house” (see also in the attachment to this publication).

2) The court makes a decision to satisfy claims for eviction

3) Obtaining a writ of execution from the court that issued the decision on eviction

4) The claimant’s appeal to the bailiff service with an application to initiate enforcement proceedings

5) Familiarization by the bailiff of the debtor subject to eviction with the decision to initiate enforcement proceedings and the requirement for voluntary execution of the court decision on time

Part 1 of Article 107 of the Law “On Enforcement Proceedings” establishes that if the debtor has not vacated the residential premises within the established period for the voluntary execution of the demand for eviction contained in the executive document, the bailiff issues a resolution to collect an enforcement fee from the debtor , sets the debtor a new deadline for eviction and warns him that after the expiration of the specified period, forced eviction will be carried out without additional notice to the debtor.

6) Commission by the bailiff (if the debtor fails to comply with the requirements for eviction voluntarily) of enforcement actions to evict the debtor (debtors) from the premises (residential premises) with the drawing up in the presence of attesting witnesses of an inventory of the debtor’s property (and transferring it for safekeeping to the recoverer, if the enforcement actions were performed without the participation of debtors)

The bailiff ensures the storage of the described property, charging the debtor with the costs incurred.

Forced execution of the requirement for eviction, in necessary cases, is carried out with the assistance of employees of the internal affairs bodies (Part 5 of Article 107 of the Law on Enforcement Proceedings).

The progress of enforcement actions on eviction, if possible, is recorded using video recording.

The end of enforcement proceedings occurs after the eviction act is drawn up. Accordingly, actions for storage and sale of property are carried out outside the framework of completed enforcement proceedings.

7) Appeal to the registration authority with an application to deregister at the place of residence of a person whose rights to use residential premises have been terminated by the court (clause 2 of the Rules, approved by Decree of the Government of the Russian Federation of July 17, 1995 N 713).

Forced eviction by bailiffs

Advice from lawyers:

1. Who should deal with forced eviction, the bailiff or the district police officer?

1.1. Good day! If there is enforcement proceedings, a bailiff should deal with forced eviction. The district police officer is not involved in these matters. We are always happy to help! Good luck to you.

Did the answer help you?YesNo

1.2. The responsibility of the police does not include resolving issues of eviction. In accordance with the Federal Law “On Enforcement Proceedings,” the enforcement of court decisions is carried out by bailiffs, in particular the bailiff, and the power support department of bailiffs to ensure the established order of the courts.

Did the answer help you?YesNo

1.3. If the eviction is by a court decision and enforcement proceedings are initiated, then the eviction is carried out by a bailiff if the debtor does not voluntarily vacate the premises.

Did the answer help you?YesNo

1.4. Hello Irina! Depends on the grounds for eviction. If you are evicting by court order, then the bailiffs must act as executors. The court decision is executed by bailiffs.

Did the answer help you?YesNo

1.5. The bailiff should deal with forced evictions; if he is inactive, then write a reasoned complaint against him to the prosecutor's office.

Did the answer help you?YesNo

1.6. Hello! The court's decision to evict is executed by a bailiff. After the decision enters into legal force, you must obtain a writ of execution and submit it to the joint venture.

Did the answer help you?YesNo

Consultation on your issue

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2. I bought an apartment with the previous owners living in it. The eviction by court lasted 1.5 years, the bailiffs forced the eviction. Are there legal possibilities not to pay me utilities during their stay, even though I am the owner. I didn’t live in the apartment, I didn’t have access to it. Thanks in advance for your answer.

2.1. Hello! There are legal grounds to collect payment for utilities from former owners, because... they used the apartment during this period and the losses incurred as a result of their actions, for example, payment for the apartment you rented.

Did the answer help you?YesNo

3. There is a court decision on eviction, which has entered into legal force. At the moment, there is a resolution to initiate enforcement proceedings to enforce the court decision. We have now filed an application with the court to defer the execution of the court decision. There is no decision yet on whether this application will be accepted for production. If at this moment the bailiffs come to execute the decision, can their actions be stopped by the presence of an application certified by the court about its acceptance?

3.1. Hello Unfortunately no, get a court ruling to accept the case on deferment of execution of the judicial act.

Did the answer help you?YesNo

4. In January 2020, the district court decided to evict me from the home in which I had been registered since July 1, 2004, but I still have not been deregistered, since the court decision did not say anything about registration. On May 22, the bailiffs will forcibly evict me. Can I resist the bailiffs? Does registration give you any rights?

4.1. Hello. Urgently! Very quickly submit an application to the court that made the eviction decision to defer the execution of the court decision on eviction, while your application is being considered in court, no one has the right to evict you. As soon as a decision is made on your application (in your favor, good), if not in yours, immediately after the meeting! Submit a similar application on the same day to defer the execution of the decision. Yes, this is a bit of an abuse of law, but this is the very hole in the law that you can take advantage of. I think it's better than staying on the street. My clients have been living in the apartment from which they were evicted for 5 years. Good luck to you!

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5. During the forced eviction from the house, the bailiffs put all the things in one room and sealed it. Documents and money remained there. How to take the necessary documents from a sealed room without taking other things (due to health reasons)?

5.1. Accompanied by bailiffs.

Did the answer help you?YesNo

6. Please clarify, after the forced eviction from the housing and the actual execution by the bailiff, the enforcement proceedings were completed, but the former owners, having opened the locks, immediately moved back in. Can the senior bailiff, at the request of the claimant, after a year cancel the decision to end the enforcement proceedings, or should the claimant apply to court?

6.1. Good day to you, unfortunately, after a year the bailiff will not be able to initiate IP again, you will have to go to court again.

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7. Documents for the ownership of the apartment are in hand. The bailiffs have set a date for the forced eviction of the people living there. What should I do if there are no tenants at home? Can I open the door?

7.1. You can break it down - the door is yours. Article 288. Ownership of residential premises 1. The owner exercises the rights of ownership, use and disposal of residential premises belonging to him in accordance with its purpose. 2. Residential premises are intended for the residence of citizens. A citizen who owns a residential property can use it for personal residence and for the residence of his family members.

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7.2. When opening the door, you need to ensure the presence of a representative of the management company, the district police officer. Otherwise, the topic may arise that there were valuables in the apartment that were missing.

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8. If the court decides to forcibly evict a family with children, is this information transmitted by the court to the guardianship authorities? or will the bailiffs deal with the fate of the children when they have to carry out the court decision?

8.1. The guardianship authorities in this case and other interested services should take an active part in the judicial proceedings on this matter. At the stage of execution by bailiffs, they do not participate in any way, only if as observers.

Did the answer help you?YesNo

8.2. The fate of children is dealt with exclusively by their parents, since they are the ones who are obliged to provide the child with living quarters.

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8.3. The court does not transmit this information anywhere. What does the guardianship authority have to do with it? Enforcement proceedings will be initiated, and the bailiff is obliged to execute the court decision.

Did the answer help you?YesNo

8.4. Hello. Their parents deal with the issue of fate. Bailiffs only carry out the court decision. The guardianship and trusteeship authorities were required to take an active part in the court hearing. Are you being evicted from your mortgaged apartment?

Did the answer help you?YesNo

9. Does the bailiff have the right to force a forced eviction if the court accepts an application to defer the execution of the decision, the bailiffs are notified, but continue the demands, pursuing them at the place of residence and place of work.

9.1. Hello, if there is a deferment, then they do not have the right, you can complain to the senior bailiff or to the prosecutor's office. But since you need it quickly, it’s better to go to the senior bailiff.

Did the answer help you?YesNo

10. Do the bailiffs have the right to force eviction if the court accepted an application to defer the execution of the court decision, the bailiffs were notified but continue to terrorize the place of residence and place of work.

10.1. Appealing their actions to the senior bailiff of the department will not help the Head of the FSSP Department of the region. If this does not help to file a lawsuit against illegal actions.

Did the answer help you?YesNo

10.2. Have you provided a copy of the application for deferment of execution to the Bailiffs? Have you written a statement to the bailiffs about the suspension of enforcement proceedings?

Did the answer help you?YesNo

10.3. Good day! File a complaint against him! The complaint is submitted in accordance with Art. 123 of the Federal Law “On Enforcement Proceedings”, in response to a resolution of a bailiff or a deputy senior bailiff, in addition to a resolution approved by a senior bailiff, their actions (inaction) are submitted to the senior bailiff, under whose leadership is the bailiff or deputy senior bailiff bailiff

Did the answer help you?YesNo

11. Is it possible to divide an apartment by building a physical wall in it? Two owners each have 1/3, and want to divide it this way - I am one of them. There is also 1/3 of another person, of which another 5/21 was allocated to two persons who now live there - previously they were recognized as not having acquired ownership rights and were forcibly evicted from the apartment by bailiffs. Thank you in advance for your response.

11.1. No, it is unrealistic to divide the apartment in this way.

Did the answer help you?YesNo

11.2. If all owners agree, then it is possible.

Did the answer help you?YesNo

11.3. Those who now live there - previously they were recognized as not having acquired ownership rights and were forcibly evicted from the apartment by bailiffs - Hello, who should you carry out the illegal redevelopment? - There are 3 owners of you and none of them can dispose of the property without the other 2. And why don’t you evict the citizens living there illegally? Contact the bailiffs. This is their job. Best wishes.

Did the answer help you?YesNo

12. There is a court decision on determining the procedure for using a municipal apartment dated September 7, 2015. There was a partial relocation in the fall. 1 person out of 2 required moved into the indicated room. Enforcement proceedings dated March 1, 2016. The second debtor does not move out (from the room he illegally occupied), does not open the door to the bailiffs, does not respond to summonses and does not sign documents (the bailiffs talked to him twice). It's already JULY! When should a debtor be forced to evict from an occupied room?

12.1. It should have already been done. File a complaint with the Chief Bailiff of the region.

Did the answer help you?YesNo

12.2. This is a question for the bailiffs. They have all the possibilities. Don’t dictate an algorithm of actions to them. There is physical protection. Let them evict her.

Did the answer help you?YesNo

12.3. If the court decides, the bailiffs have the right to break down the door. Complaint to the senior bailiff, prosecutor, or to the court.

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13. I was suing over an apartment because my mother verbally agreed to live with her niece, she won, now the bailiffs are saying that the eviction is forced, I need to look for a warehouse for her things, is this legal, why should I look for a warehouse, she has an apartment and let them take her there.

13.1. You evict her, you have to transport her things somewhere, and then you can collect expenses from her.

Did the answer help you?YesNo

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14. On May 16, 2016, a court was held to collect debt on a bank loan. When should I expect the bailiff? Do they leave without warning or will they notify you somehow? I'm afraid for my only place to live. I am the only owner, I have no relatives, and I am registered here. I heard that if there is a single owner of a home, forced eviction or forced exchange is possible. How reliable is this?

14.1. — Hello, the only housing will not be seized. And everything in it will be arrested. Best wishes.

Did the answer help you?YesNo

15. What is the procedure for forced eviction from departmental premises based on a writ of execution? The bailiffs are inactive, citing a lack of authority and opportunity, since those subject to eviction will strongly resist and will not voluntarily vacate the premises. The bailiffs visited them twice and issued fines of 5,000 rubles. The fines remained unpaid. The bailiffs don't want to get involved.

15.1. Write a complaint to the court about the inaction of the bailiffs.

Did the answer help you?YesNo

16. What is the procedure for forced eviction from departmental housing under a writ of execution? Bailiffs are afraid to begin eviction, as those subject to eviction will strongly resist. The bailiffs say that they do not have the powers and capabilities. Are the bailiffs right?

16.1. Good afternoon The bailiffs are wrong.

Did the answer help you?YesNo

16.2. For this purpose they usually involve the police. And they have no right to refuse to comply with a court decision.

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17. If I apply to the court to suspend the eviction under Art. 39, 40 Federal Law On enforcement proceedings, can a bailiff carry out a forced eviction before a court decision? If he can’t but will do it, what should I do?

17.1. Good morning, please suspend use. Production.

Did the answer help you?YesNo

18. If I apply to the court to suspend the eviction under Art. 39, 40 Federal Law On enforcement proceedings, can a bailiff carry out a forced eviction? If he can’t but will do it, what should I do?

18.1. If the court makes a decision to defer the execution of the decision, then the bailiff will not be able to forcibly evict you.

Did the answer help you?YesNo

19. The court made a decision to evict from the apartment, and the bailiffs set a deadline for voluntary eviction. An application was submitted to the court to postpone the execution of the court decision within the appointed period. Have the bailiffs been notified whether they must wait for a decision on the application or can they forcibly evict?

19.1. We must wait.

Did the answer help you?YesNo

20. Do bailiffs have the right to open an apartment following a court decision on forced eviction? The tenant is not registered in the apartment, does not pay for utilities, and has not even lived in the apartment lately; he has been served eviction notices for 5 months. back. But then there’s a stupor, what to do?

20.1. Good afternoon You can contact the OSP UFSSP of Russia in your region with an Application (2 copies) addressed to the senior bailiff of the head of the OSP UFSSP, the main thing is that your copy is stamped with a seal, input. No. and signature. If it doesn’t help, then you can file a Complaint about the inaction of the bailiff and senior bailiff of the head of the OSP of the Federal Bailiff Service of Russia in your region in accordance with Article 441 of the Civil Procedure Code of the Russian Federation to the Prosecutor’s Office or directly to the Court (no state duty).

Did the answer help you?YesNo

20.2. Yes. have the right to open the apartment.

Did the answer help you?YesNo

11.12 signed the eviction order. They set a period of 5 days and ordered forced occupancy at the end of the period.

If one of the debtors was taken by ambulance to the hospital, he is 81 years old, we have a forced eviction tomorrow, can the bailiffs postpone the forced eviction.

We received a request for forced eviction, we filed an application with the court to suspend the enforcement proceedings,

I bought a house, the former owner does not sign out voluntarily. The house is in a different area.

The bailiff handed over a resolution to initiate proceedings for eviction from the mortgaged apartment. How can you extend the period before forced eviction?

When dividing property after divorce, one spouse (disabled person 2 years old)

The court decision on forced eviction was sent by bailiffs by registered mail.

We have rent arrears of 500 thousand, out of 7 people registered, 2 people live there,

How long, according to the law, can our property be held in responsible custody by the claimant after forced eviction from a residential building?

The bailiffs do not want to postpone the forced eviction, although I have filed an application with the court to postpone the execution of the eviction.

Grounds for eviction. Explanations of the Supreme Court of the Russian Federation

The Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 2, 2009 N 14 “On some issues that have arisen in judicial practice when applying the Housing Code of the Russian Federation” contains a number of explanations on the application of the legal norms of the Housing Code of the Russian Federation on the eviction of citizens:

Eviction of former family members of the owner of a residential premises upon termination of family relations (clause 13 of the Resolution);
Eviction upon recognition of the social tenancy agreement as invalid (clause 23 of the Resolution);
Eviction of a person moved into a residential premises without the written consent of the tenant or landlord (clause 28 of the Resolution);
Eviction of citizens to another comfortable residential premises on the grounds provided for in Articles 86 - 88 of the Housing Code of the Russian Federation, that is, due to the impossibility of using the residential premises for their intended purpose (clause 37 of the Resolution);
Eviction of a tenant from a residential premises at the request of the landlord or other interested parties in cases where they use the residential premises for other purposes, systematically violate the rights and legitimate interests of neighbors or mishandle the residential premises, allowing them to be destroyed (clause 39 of the Resolution);
Eviction of citizens from specialized residential premises (clause 42 of the Resolution).

Court decision on eviction without provision of other residential premises

The Housing Code of the Russian Federation makes it possible to execute the decision on eviction using different methods. According to Article 90, citizens are evicted to other residential premises, which may be of equal or worse quality. Article 91 spells out laws that allow a citizen to be evicted without allocating him or her another living space.

The plaintiff advocating eviction must know that he can do this only if he has the appropriate documents:

Received a positive court decision.
Court notice with specified date of departure.

Judicial practice indicates that independent resettlement does not occur very often. In this case, bailiffs, police officers and representatives of city authorities help vacate the apartment. Forced judicial eviction without the allocation of another apartment is accompanied by the drawing up of an act, and, if necessary, an inventory of the property.

Grounds for a court decision to evict from a residential premises

The grounds for expulsion from residential premises by court decision are given in Article 84 of the Housing Code of the Russian Federation. They are relevant for all residents without exception.

The rules must be followed:

Apartment owners.
Residents living in service or specialized residential premises.
Tenants of social housing.
Participants in privatization.

Any category can be resettled if the following norms are violated:

There are no payments for housing department services provided.
The peace of neighboring citizens is disturbed.
Use of living space other than for domestic needs.
Unauthorized check-in to the apartment.

In addition, you can evict your ex-husband/wife after a divorce, or expel tenants from a service apartment upon completion of their studies or service.

Recommended publications on logos-pravo.ru:

Eviction of former family members from residential premises by the owner. Arbitrage practice:

Eviction of the owner's adult children from the apartment. Is it possible to evict?
How to evict adult children from an apartment due to hostile relations?
Eviction from a relative's apartment. When can the right of use not be preserved?
Eviction of a grandson from an apartment as a former member of the owner’s family
Eviction of minors (grandchildren) from residential premises by the owner?
How to evict a relative (grandchild) from an apartment as a former family member?
Eviction of a common-law spouse from an apartment as a former member of the owner’s family
Eviction from an apartment upon transfer of ownership
Reservation of the right to use residential premises for the former spouse by court decision
Retention of the right to use residential premises. Arbitrage practice

Eviction of former family members of the owner from the apartment:

Who is the owner's family member?
Eviction by owner of ex-spouse
Eviction of former family members - relatives and others
I left the apartment, ended my family relationship with the owner, and lost my right to housing!
Reservation of the right to use residential premises for a former family member for a certain period

Other publications on the topic “eviction” in the category:

Eviction from residential premises, recognition as having not acquired or lost the right to use (articles, comments, court practice)
On the possibility of eviction from the apartment of the ex-husband - the owner of a share in the right to the apartment

Eviction procedure

The court decision comes into force approximately 35 days after the last court hearing at which the fate of the residents was decided . But during this period you can file an appeal, then the decision will come into force on the day the appeal decision is made. Only after this the judge will prepare a writ of execution and send it to the bailiffs.

The bailiff, after receiving the writ of execution, will offer you to vacate voluntarily by a specific date ; if this is not done, a new deadline will be assigned, but the debtor will already pay the enforcement fee.

If the tenants do not voluntarily move out before the new deadline, the bailiffs have the right to send you a notice indicating when they will come to forcibly evict. Day X has arrived, bailiffs are obliged to act according to the law:

invite two witnesses;
draw up an eviction act (it must be signed by the bailiffs themselves, the witnesses, and the tenant is given a copy);
an inventory of property is drawn up and the location of its storage is indicated;
the door is sealed.

Since eviction from an apartment for non-payment of utilities involves providing the debtors with new housing, but with a smaller area , all property will be transported to a new address. And the debtor will be obliged to pay transportation costs if he does not take care of the move himself.

Features of eviction from residential premises and judicial practice

The residential property was not used for its intended purpose.
Antimoral and antisocial behavior: the rights and interests of neighbors are regularly violated.
Inaction or treatment of housing leading to its destruction.
Parents cannot live with their children if they have been deprived of parental rights by a court decision.

Authorities at the regional and local levels must provide conditions for citizens to fully realize their right to housing.
Ensuring home safety for citizens.
The inviolability of the home of citizens and the inadmissibility of arbitrary deprivation of rights to it.
The ability to carry out relations within the framework of housing legislation unhindered and in full.

We recommend reading: Receipt of a legal entity for receipt of funds

Social rent: grounds for eviction

If the tenant is not the owner, but received an apartment under a social tenancy agreement, the responsible tenant and other persons registered in the apartment can use it for life (Part 2 of Article 60 of the Housing Code of the Russian Federation).

The municipality can evict them in court.

Reasons for eviction:

Use of housing for purposes other than its intended purpose.
Large debts for housing and communal services (more than 6 months).
Proven absence from the apartment for a long time.
Deliberate destruction or damage to housing.
Systematic violation of the interests of neighbors (unsanitary conditions, large number of pets).

As part of the trial, it is necessary to find out whether the information provided is reliable and whether there are mitigating circumstances (for example, long-term treatment in a hospital, obstacles to residence by third parties).

It is important that actions that harm housing or disturb neighbors must be conscious, that is, the reason for eviction cannot be the usual hooliganism of young children who are not capable of taking responsibility for their actions.

Judicial appeal

Before filing a claim, you must inform the owner of the apartment about this. It is important to do this in writing. The notice is provided in the form of an order to eliminate the cause of the dispute.

List of required documents

The application must be accompanied by:

— If minor children live in the premises, the conclusion of trustee structures and guardianship authorities is required;

— An extract from the house register, which indicates the number of permanently registered persons in this apartment;

— Evidence confirming that the defendant is violating legal norms regarding the use of a residential apartment. Among them are:

resolution of a technical examination regarding the destruction of the premises caused;
resolution of sanitary and hygienic examination;
claim to the prosecutor's office;
protocols for calling the police or local police squad;
claims from residents of the house;
other documentation that can be used as evidence of the fact that the owner of the apartment or members of his family do not comply with the rules for using the living space.

— Other documents through which it is permissible to help the court determine the outcome of the case.

Domestic judicial practice demonstrates that the defendant, in other words the owner of the property, in each case files a counterclaim alleging the illegality of the actions being taken.

What to do if you are evicted from the hostel, see the article: eviction from the hostel.

In addition, the defendant attaches the following package of documents to the claim:

confirmation that this living space is the person’s single living space;
results of various examinations;
certificate of ownership;
title documentation;
other documents by means of which it is possible to avoid deportation.

Video: eviction from the owner’s apartment:

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