Eviction of citizens from specialized residential premises: Article 103 of the Housing Code of the Russian Federation

Section I. General provisions

Chapter 1. Basic provisions. Housing legislation

Article 1 - Basic principles of housing legislation
Article 2 – Providing conditions for the exercise of the right to housing
Article 3 - Inviolability of home and inadmissibility of its arbitrary deprivation
Article 4 - Housing relations. Participants in housing relations
Article 5 - Housing legislation
Article 6 - Effect of housing legislation over time
Article 7 - Application of housing legislation by analogy
Article 8 - Application of other legislation to housing relations
Article 9 - Housing legislation and international law
Article 10 - Grounds for the emergence of housing rights and obligations
Article 11 - Protection of housing rights
Article 12 - Powers of state authorities of the Russian Federation in the field of housing relations
Article 13 - Powers of state authorities of a constituent entity of the Russian Federation in the field of housing relations
Article 14 - Powers of local government bodies in the field of housing relations

Chapter 2. Objects of housing rights. Housing stock

Article 15 - Objects of housing rights
Article 16 - Types of residential premises
Article 17 - Purpose of residential premises and limits of its use. Use of residential premises
Article 18 - State registration of rights to residential premises
Article 19 - Housing stock
Article 20 - State housing supervision, municipal housing control and public housing control
Article 21 - Insurance of residential premises

Chapter 3. Transfer of residential premises to non-residential premises and non-residential premises to residential premises

Article 22 - Conditions for transferring residential premises to non-residential premises and non-residential premises to residential premises
Article 23 - Procedure for transferring residential premises into non-residential premises and non-residential premises into residential premises
Article 24 - Refusal to transfer residential premises to non-residential premises or non-residential premises to residential premises

Chapter 4. Redevelopment and redevelopment of residential premises

Article 25 - Types of reconstruction and redevelopment of residential premises
Article 26 - Grounds for reconstruction and (or) redevelopment of residential premises
Article 27 - Refusal to approve the reconstruction and (or) redevelopment of residential premises
Article 28 - Completion of reconstruction and (or) redevelopment of residential premises
Article 29 - Consequences of unauthorized reconstruction and (or) unauthorized redevelopment of residential premises

Who can't be evicted

According to the law, even legal proceedings will make it difficult to evict the following persons:

The seriously ill, as well as their relatives, where the family’s income is all spent on medicines and treatment procedures.
A family with dependents - disabled people of groups 1-2, as well as minor children.
Pensioners who cannot pay utility debts on their own, because... have small pensions.

It is impossible to evict a citizen who initially refused to carry out privatization in favor of relatives. It is impossible to expel a minor child without providing him with other housing or worsening his accommodation. Then, in addition to the employer and the owner, the guardianship body will also participate in the court. Without his permission, the child cannot be evicted.

Important! The owner must prove to the court that he tried to resolve the situation peacefully, using various legal methods: sent notices, spoke personally with the employer, waited for all the established deadlines.

Eviction is possible when there is no other choice.

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Section II. Ownership and other proprietary rights to residential premises

Chapter 5. Rights and obligations of the owner of residential premises and other citizens living in the premises belonging to him

Article 30 - Rights and obligations of the owner of residential premises
Article 31 - Rights and obligations of citizens living together with the owner in residential premises belonging to him
Article 32 - Ensuring the housing rights of the owner of a residential premises when withdrawing a land plot for state or municipal needs
Article 33 - Use of residential premises provided by testamentary refusal
Article 34 - Use of residential premises on the basis of a lifelong maintenance agreement with dependents
Article 35 - Eviction of a citizen whose right to use residential premises has been terminated or who violates the rules for using residential premises

Chapter 6. Common property of premises owners in an apartment building. General meeting of such owners

Article 36 – Right of ownership to common property of owners of premises in an apartment building
Article 36.1 - General funds held in a special account
Article 37 - Determination of shares in the right of common ownership of common property in an apartment building
Article 38 - Acquisition of a share in the right of common ownership of common property in an apartment building when purchasing premises in such a building
Article 39 - Maintenance of common property in an apartment building
Article 40 - Changing the boundaries of premises in an apartment building
Article 41 – Right of ownership to the common property of the owners of rooms in a communal apartment
Article 42 - Determination of shares in the right of common ownership of common property in a communal apartment
Article 43 - Maintenance of common property in a communal apartment
Article 44 - General meeting of owners of premises in an apartment building
Article 45 - Procedure for holding a general meeting of owners of premises in an apartment building
Article 46 - Decisions of the general meeting of owners of premises in an apartment building
Article 47 - General meeting of owners of premises in an apartment building in the form of absentee voting
Article 47.1 - General meeting of owners of premises in an apartment building in the form of absentee voting using the system
Article 48 - Voting at a general meeting of owners of premises in an apartment building

Eviction from residential premises without provision of housing by court decision

Some residents, for various reasons, may lose the right to reside in an apartment or house. Since they have no desire to voluntarily move out of the premises, the owner of the property goes to court to resolve this issue. If the court decides in favor of the owner, the former residents are required to leave the apartment.

A homeowner who wants to terminate a rental agreement with a tenant files a lawsuit to complete this transaction. But he is not immune from the fact that the tenant may not want to leave the premises. In this case, you will have to go to court again for a ruling to evict you from your apartment or house by force.

When, having already received an eviction order, the tenant still remains in the premises, the right of forced eviction comes into force. In this case, they resort to the help of bailiffs, who open enforcement proceedings in this case.

Bailiffs simply do not carry out this procedure. There is a special regulation on how the forced eviction of tenants occurs. During the eviction, witnesses must be present; it is advisable that representatives of the police be invited. When there are children among the evicted residents, the presence of representatives of the guardianship and trusteeship authorities is mandatory.

The procedure for eviction of tenants who do not have the right to live in this premises occurs legally. Only the court can decide on forced eviction.

Section III. Residential premises provided under social rental agreements

Chapter 7. Grounds and procedure for providing residential premises under a social tenancy agreement

Article 49 – Provision of residential premises under a social tenancy agreement
Article 50 - Norm for provision and accounting norm for the area of residential premises
Article 51 - Grounds for recognizing citizens as needing residential premises provided under social tenancy agreements
Article 52 - Registration of citizens as those in need of residential premises
Article 53 - Consequences of citizens deliberately worsening their living conditions
Article 54 - Refusal to register citizens as those in need of residential premises
Article 55 - Reservation of the right of citizens to be registered as those in need of residential premises
Article 56 - Removal of citizens from registration as those in need of residential premises
Article 57 - Provision of residential premises under social tenancy agreements to citizens registered as needing residential premises
Article 58 - Taking into account the legitimate interests of citizens when providing residential premises under social tenancy agreements
Article 59 – Provision of vacated residential premises in a communal apartment

Chapter 8. Social rental of residential premises

Article 60 - Social rental agreement for residential premises
Article 61 – Use of residential premises under a social tenancy agreement
Article 62 - Subject of the social rental agreement
Article 63 - Form of a social tenancy agreement for residential premises
Article 64 - Preservation of a social tenancy agreement for residential premises during the transfer of ownership of residential premises, the right of economic management or the right of operational management of residential premises
Article 65 - Rights and obligations of the landlord of residential premises under a social tenancy agreement
Article 66 - Responsibility of the landlord of residential premises under a social tenancy agreement
Article 67 – Rights and obligations of a residential tenant under a social tenancy agreement
Article 68 - Responsibility of the tenant of residential premises under a social tenancy agreement
Article 69 - Rights and obligations of family members of a residential tenant under a social tenancy agreement
Article 70 - The right of the tenant to move other citizens into the residential premises he occupies under a social tenancy agreement as members of his family
Article 71 - Rights and obligations of temporarily absent tenants of residential premises under a social tenancy agreement and members of his family
Article 72 - The right to exchange residential premises provided under social tenancy agreements
Article 73 - Conditions under which the exchange of residential premises between tenants of these premises under social tenancy agreements is not allowed
Article 74 - Registration of the exchange of residential premises between tenants of these premises under social tenancy agreements
Article 75 – Invalidation of the exchange of residential premises provided under social tenancy agreements
Article 76 – Subletting of residential premises provided under a social tenancy agreement
Article 77 - Sublease agreement for residential premises provided under a social tenancy agreement
Article 78 - Payment for subletting of residential premises provided under a social tenancy agreement
Article 79 - Termination and termination of a sublease agreement for residential premises provided under a social tenancy agreement
Article 80 - Temporary residents
Article 81 - The right of the tenant of residential premises under a social tenancy agreement to provide him with residential premises of a smaller size in exchange for the occupied residential premises
Article 82 - Amendments to the social tenancy agreement for residential premises
Article 83 – Termination and termination of a social tenancy agreement
Article 84 - Eviction of citizens from residential premises provided under social tenancy agreements
Article 85 - Eviction of citizens from residential premises with the provision of other comfortable residential premises under social tenancy agreements
Article 86 - Procedure for the provision of residential premises under a social tenancy agreement in connection with the demolition of a house
Article 87 - Procedure for providing residential premises under a social tenancy agreement in connection with the transfer of residential premises to non-residential premises or declaring them unsuitable for habitation
Article 87.1 - Procedure for the provision of residential premises under a social tenancy agreement in connection with the transfer of residential premises to a religious organization
Article 88 - Procedure for providing residential premises in connection with major repairs or reconstruction of a house
Article 89 – Providing citizens with other comfortable residential premises under a social tenancy agreement in connection with eviction
Article 90 - Eviction of the tenant and members of his family living with him from residential premises with the provision of another residential premises under a social tenancy agreement
Article 91 - Eviction of the tenant and (or) members of his family living with him from residential premises without the provision of other residential premises

Eviction from an apartment without providing housing

Advice from lawyers:

1. I filed a lawsuit to recognize my brother as having lost the right to use and evict me from my apartment, but did not write without providing other housing. What the threat is and how to fix it, the trial is in less than a week.

1.1. Hello, It is difficult to assess the importance of an unfinished requirement in your individual case without documents. In any case, you can clarify your requirements during the meeting by means of a statement/written request).

Did the answer help you?YesNo

1.2. Submit an updated statement of claim in accordance with Art. 39 Code of Civil Procedure of the Russian Federation,

Did the answer help you?YesNo

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2. A court decision was made in absentia to evict the children from the mortgaged apartment, without providing housing. The apartment was accepted onto the bank's balance sheet after bidding for non-payment. A mat was used to purchase an apartment. capital. What can be done in this situation, since there is nowhere to go, there is no other housing.

2.1. Ask the court to grant you a deferment of execution of the court decision. If you convince the court that you have no other housing, then you may be allowed to live there for some more time.

Did the answer help you?YesNo

3. A family of 6 people received a service apartment under a social tenancy agreement. A few years later he (the husband) became disabled. He died a year ago. The wife began to register the right to inheritance: they have been living in this apartment for 9 years, everything has been registered from the moment they received the apartment. The question of evicting her and her children from the apartment was immediately raised. Do they have the right to evict an entire family onto the street without providing other housing?

3.1. If the housing is for official use, then the tenancy agreement is not social and registration in the residential premises is not permanent (at the place of residence), but temporary (at the place of stay). Neither service nor social residential premises are included in the inheritance estate, because does not belong to the tenant by right of ownership. If your family was registered as needing residential premises, then you cannot be evicted without providing another residential premises (Article 103 of the Housing Code of the Russian Federation). Otherwise, eviction without provision is legal.

Did the answer help you?YesNo

4. My mother lives in a military camp in a service apartment. Every year she receives letters from the Moscow Region Territorial Fund about eviction from her apartment. The house in which she lives used to be on the balance sheet of the Ministry of Defense; in 2007 it was transferred to the city. The house was recognized in 2020 as unsafe and subject to demolition. Can a pensioner be evicted from a service apartment without providing other housing? Thank you.

4.1. They can, but here you need to seek the conclusion of a social contract. hiring

Did the answer help you?YesNo

5. I want to file a lawsuit against the illegal eviction of me and my children from the apartment without the provision of housing.

5.1. Hello! Drawing up claims is a paid service.

Did the answer help you?YesNo

5.2. Natalya, you need to seek legal help in person. It is necessary to find out who evicted you and whether there is a court decision on this issue. Perhaps we should be talking about appealing the decision, rather than going to court with a new claim.

Did the answer help you?YesNo

5.3. Hello. What is your question?

Did the answer help you?YesNo

5.4. Please clarify your situation in more detail.

Did the answer help you?YesNo

5.5. If you have been evicted from your apartment, then you need to file an appeal against the court decision; in this case, it is inappropriate to file a statement of claim.

Did the answer help you?YesNo

6. At the end of last year, my father filed a lawsuit to evict his sister from his apartment, without providing other housing, he won the court, but my sister filed an appeal, the trial should take place on April 5, but my father is no longer there, he died on January 30 of this of the year. Tell me, how can I inform the court about his death (I live in another city), what documents and what statements need to be written? And what happens when the court finds out about the death of the plaintiff? Thank you in advance! Best regards, Svetlana.

6.1. If you accepted the inheritance, then you are its legal successor. Replacing a party is possible at any stage of the proceedings, so you can submit an application to the court for succession and join the case. Send an application accompanied by a notarized copy of the death certificate by registered mail. Article 44 of the Code of Civil Procedure of the Russian Federation.

Did the answer help you?YesNo

7. There is a court decision to evict me from my property without providing other housing, I have owned the apartment for 5 years, the bailiff is in no hurry to comply, citing that he cannot find the person at home, she may not find him for a year, but how can I use the apartment? , if I can’t get into it, the lock is changed.

7.1. File a complaint against the bailiff in court.

Did the answer help you?YesNo

8. During the demolition of our municipal house in 1997, the JSC, which received a building plot from the mayor's office, provided our family with an apartment on a commercial lease basis. After 17 years, the OJSC filed a lawsuit and we were evicted from the commercial apartment. The grounds for eviction stated by the plaintiff and indicated in the court decision were that the term of the next short-term commercial rental agreement had expired. The last contract was for a period of less than a year. Evicted with two young children without providing other housing.

8.1. Good afternoon The matter is not very simple, but not hopeless. You need to contact a specialist for a comprehensive analysis of your situation and search for solutions. It is necessary to familiarize yourself with the decisions of the courts and the decision of the administration, etc., most likely you will need to go to court because Most likely, the provision of housing to you was a condition for the allocation of land for construction. Contact us.

Did the answer help you?YesNo

9. Is it possible to evict an ex-wife with a 3-year-old child from her husband’s apartment? The wife was moved in and registered in connection with the creation of a family in 2010. The child was born in 2011 and was registered here, there is no other housing. Is it possible to evict without providing other premises if the owner (husband) has child support obligations in relation to this child?

9.1. In this case, the court may decide to oblige the child’s father to provide his wife and child with other housing (Part 4, Article 31 of the RF Housing Code).

Did the answer help you?YesNo

9.2. If the husband has the opportunity to provide housing, and if it is not possible, then no one will oblige him to do so. You will not be able to remove the child from the register and evict him, because... he is not a former family member. Besides, was the apartment purchased during marriage?

Did the answer help you?YesNo

10. Is it possible to evict an apartment purchased with a mortgage without providing other housing?

10.1. Possibly if the apartment is foreclosed on. You can also leave the bank after the apartment is sold at auction.

Did the answer help you?YesNo

11. A ruling has arrived from a judge regarding a claim from my former place of work to evict me from a company apartment without providing other housing. I quit my job due to retirement due to old age, and I don’t own any housing. The letter contains a copy of the statement of claim, but no attached documents. What to do? Is my eviction legal?

11.1. Without seeing the statement of claim, without knowing what documents confirm the provision of residential premises to you, you cannot answer your question. I advise you to contact a lawyer to develop a legal position on the case, since, most likely, the problem can be resolved.

Did the answer help you?YesNo

12. After the divorce, the husband does not pay rent for 5 years. I’m paying. He is the owner of the apartment, the apartment was bought during marriage. Now he has filed a lawsuit to evict me from the apartment without providing housing. My daughter and granddaughter are also registered. What should I do?

12.1. Galina! If the apartment was acquired during marriage, then it is joint property. You have the right to file a counterclaim for the division of jointly acquired property and ask the court to recognize your 1/2 share in the right to the apartment, reducing your husband’s share to 1/2. After the division of property, he will no longer be able to evict you. Good luck to you! In addition, you can recover from him half of the utilities you paid.

Did the answer help you?YesNo

12.2. Yes, you have the right to charge your ex-husband if you yourself paid for utilities in this apartment for him for all 5 years that have passed, but only those amounts that he had to pay for himself, and only for 3 years (the statute of limitations is 3 years) . And your daughter is obliged to pay monthly for utilities in this apartment for both herself and her daughter. Good luck to you.

Did the answer help you?YesNo

13. Due to lack of work, my mother and I were forced to go to Moscow to work. We have been living in Moscow for 7 years. The debt for the apartment is more than 6 months. Since no housing is being built in our village, the village administration filed documents against us in court for eviction without providing housing due to our long absence. What can you do to avoid losing your home? We cannot come back and live there yet, since there is still no work in the village.

13.1. Olga, Kokhma (Russia)! From your words, the village administration has grounds for higher eviction. To solve the problem, you need to look at the documents submitted to the court, as well as about payment for the apartment. I think that it will be possible to raise the issue of preserving your housing before the court.

Did the answer help you?YesNo

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14. The apartment was purchased with funds from a targeted loan, the mortgage agreement was not drawn up, the mortgage was issued by court decision two years later. The apartment was sold at auction. Exec. instituted Family eviction proceedings. Question: 1. Can I be evicted from an apartment in winter? 2. Can they be evicted from an apartment without providing housing?

14.1. Valentina, solely at the discretion of the court. It is necessary to get acquainted with the documents in order to answer more accurately.

Did the answer help you?YesNo

15. In 2008, I divorced my husband. I contacted the Administration, they verbally pointed me to an apartment in which no one had lived for 5 years, but was registered. The apartment was in disrepair. I repaired it. The administration filed a lawsuit to evict the tenant from this apartment. The court evicted me. But she filed a cassation appeal and the first decision was overturned. Now I and my two minor children are being evicted to the street without the right to provide housing. Can I delay my eviction until the spring?

15.1. If the court has already made a decision on your eviction, you must submit an application to postpone its execution, citing good reasons (small children, illness, winter). If there has not yet been a court decision, you can delay the case with sick leave and failure to receive subpoenas.

Did the answer help you?YesNo

16. My former common-law husband filed a lawsuit to evict me and my minor child without providing other living quarters from the municipal apartment in which we have been permanently registered since 2005. My registration was obtained at his request with the permission of the administration, as a common-law wife. I don't own any home. In what proportion can the court divide a three-room apartment if the municipal apartment was received by the husband’s family in the 70s?

16.1. Svetlana, the fact that you do not own any other housing is good for this civil case, but it will also matter where you currently live and whether there is other housing in which you have the right to use. Municipal apartments are not shared. You cannot claim any partition or receive any share, you can only claim (under certain circumstances) the right to use this apartment and that the court will reject the eviction claim. Such cases are always not simple and require studying all the circumstances.

Did the answer help you?YesNo

17. My minor child and I are registered in my grandmother’s two-room privatized apartment. She is the sole owner. A month ago she kicked us out of the apartment, and now she has filed an application for eviction without providing housing. Will she be able to discharge us and what should our actions be? Thank you.

17.1. Dear Elena! Yes maybe. Your actions based on this...

Did the answer help you?YesNo

18. Currently, my minor son and I are registered and live in an apartment owned by the municipality under a rental agreement. The municipality filed a lawsuit to terminate the said contract and evict us from the residential premises without providing other housing. I am a conscientious tenant and pay my rent bills on time. Please tell me what legal norms can protect the rights of a child?

18.1. Dear Konstantin! Read the statement of claim carefully, because... it states the grounds for your eviction, and look. Then draw up an objection to the claim, in which you indicate where, in your opinion, the grounds do not correspond to reality. It is impossible to answer your question without knowing on what grounds you are being evicted. Sincerely, Dmitry Konstantinovich.

Did the answer help you?YesNo

19. Please clarify Article 91 of the Housing Code of the Russian Federation, which talks about eviction from a municipal apartment without the provision of housing. In this case, a notice of eviction is required. If the owner (the municipality) does not give it, then does the court have the right to issue such a warning in accordance with the Housing Code?

19.1. The court does not have the right to do this, since in accordance with Part 1 of this article, “...1. If the tenant and (or) members of his family living with him use the residential premises for other purposes, systematically violate the rights and legitimate interests of neighbors or mismanage the residential premises, allowing it to be destroyed, the landlord is obliged to warn the tenant and members of his family about the need to eliminate the violations . If these violations entail the destruction of the residential premises, the landlord also has the right to assign the tenant and his family members a reasonable period to eliminate these violations. If the tenant of the residential premises and (or) members of his family living together with him, after warning the landlord, do not eliminate these violations, the guilty citizens, at the request of the landlord or other interested parties, are evicted in court without the provision of another residential premises.” Thus, it follows from the text of the law that such a warning must come from the lessor, and not from the court. Sincerely.

Did the answer help you?YesNo

Section IV. Specialized housing stock

Chapter 9. Residential premises of specialized housing stock

Article 92 - Types of residential premises of specialized housing stock
Article 93 – Purpose of service residential premises
Article 94 - Purpose of residential premises in dormitories
Article 95 - Purpose of residential premises of the mobile stock
Article 96 - Purpose of residential premises in houses of the social service system
Article 97 - Designation of residential premises of funds for temporary settlement of internally displaced persons and persons recognized as refugees
Article 98 - Designation of residential premises for social protection of certain categories of citizens
Article 98.1 - Designation of residential premises for orphans and children without parental care, persons from among orphans and children without parental care

Chapter 10. Provision of specialized residential premises and their use

Article 99 – Grounds for the provision of specialized residential premises
Article 100 – Lease agreement for specialized residential premises
Article 101 – Termination of a rental agreement for specialized residential premises
Article 102 – Termination of a rental agreement for specialized residential premises
Article 103 - Eviction of citizens from specialized residential premises
Article 104 – Provision of official residential premises
Article 105 – Provision of residential premises in dormitories
Article 106 – Provision of residential premises of a flexible stock
Article 107 - Provision of residential premises in houses of the social service system for the population
Article 108 – Provision of residential premises to funds for temporary settlement of internally displaced persons and persons recognized as refugees
Article 109 - Provision of residential premises for social protection of certain categories of citizens
Article 109.1 - Providing residential premises to orphans and children without parental care, persons from among orphans and children without parental care

Reasons and procedure

Key reasons:

Failure to pay fees for specialized premises for a period of more than six months (including utility bills);
Inappropriate use of living space, its damage or destruction by the tenant or family members;
Systematic violation of the rights and legitimate interests of citizens living in neighboring premises;
use of housing not in accordance with its intended purpose (location of production in apartments, use of housing as warehouse, retail, office premises is not allowed);
other reasons.

Other conditions include the rules of law Art. 15 Federal Law of August 2, 1995 N 122-FZ “On social services for elderly and disabled citizens”

The employer, in writing, or his legal representatives, in the same manner, may refuse the services of a stationary social service institution.

Refusal from the services of inpatient social service institutions for elderly citizens and disabled people who have lost the ability to satisfy their basic life needs or are recognized as incompetent in accordance with the procedure established by law is made upon a written application from their legal representatives if they undertake to provide these persons with care and the necessary living conditions.

The legal consequence of this refusal is termination of the rental agreement.

However, citizens living in inpatient social service institutions who regularly violate the rules of residence may, based on a decision of a judicial authority, be placed in special institutions.

Eviction of refugees or migrants

A person receives “refugee” status based on the provisions of Federal Law No. 4528-I of February 19, 1993 “On Refugees”. According to the provisions of this law, a person having this status has the right to be provided with living space. Subsequently, he is responsible for the use of housing, like other Russian citizens.

In case of loss of refugee or migrant status, legal relations regarding the rental of specialized residential premises are terminated.

When living in a hostel, the rental contract can be terminated early, for example, if a citizen resigns from service.

Clause 3 of Art. 101 of the Housing Code of the Russian Federation establishes the possibility of terminating a tenancy agreement at the request of the landlord, both in the cases provided for in Article 83 of the Housing Code of the Russian Federation, and in the event of failure (improper performance) by the resident tenant or members of his family of their duties.

Failure of the tenant to fulfill his contractual obligations serves as the basis for applying to the court for forced termination of the tenancy agreement. The responsibility of the tenant is established in the rental agreement itself.

Termination of a rental agreement for specialized living space by agreement of the parties does not present any difficulties for the counterparties. The parties to the agreement are independent in concluding, changing or terminating legal relations. Termination of the contract is possible by mutual agreement of the parties to the legal relationship.

Homeowner

Housing that belongs to the specialized housing stock is not provided to citizens on the right of ownership.

Employer

The tenant may demand that the landlord terminate the contract.

In addition, the parties to the contract may agree to cancel the employment by mutual consent.

There is also a 3rd option - this is a judicial termination procedure. The source is the lessor, because this option is available only to him.

The landlord cannot unilaterally terminate the contract, but can only offer, for example, the tenant to terminate the legal relationship. If the latter refuses, the lessor may go to court.

Section V. Housing and housing construction cooperatives

Chapter 11. Organization and activities of housing and housing-construction cooperatives

Article 110 – Housing and housing-construction cooperatives
Article 111 – Right to join housing cooperatives
Article 112 – Organization of a housing cooperative
Article 113 - Charter of a housing cooperative
Article 114 - State registration of a housing cooperative
Article 115 – Management bodies of a housing cooperative
Article 116 – Management in a housing cooperative
Article 116.1 - Requirements for officials of a housing cooperative
Article 117 – General meeting of members of a housing cooperative
Article 118 – Board of a housing cooperative
Article 119 – Chairman of the board of a housing cooperative
Article 120 – Audit commission (auditor) of a housing cooperative
Article 121 – Admission to membership in a housing cooperative
Article 122 – Reorganization of a housing cooperative
Article 123 – Liquidation of a housing cooperative

Chapter 12. Legal status of members of housing cooperatives

Article 124 – Provision of living quarters in housing cooperative houses
Article 125 – Right to a share of a member of a housing cooperative
Article 126 – Temporary residents in residential premises in a housing cooperative building
Article 127 – Division of living space in a housing cooperative building
Article 128 – Renting residential premises in a housing cooperative building
Article 129 - Ownership of residential premises in an apartment building of a member of a housing cooperative
Article 130 – Termination of membership in a housing cooperative
Article 131 – Preemptive right to become a member of a housing cooperative in case of inheritance of a share
Article 132 - Return of the share contribution to a member of a housing cooperative expelled from the housing cooperative
Article 133 – Eviction of a former member of a housing cooperative
Article 134 - Providing members of a housing cooperative with living quarters in connection with the demolition of a house

Grounds for eviction with provision of housing

The reasons for eviction of citizens from occupied living space may be:

The desire of the living citizens. In this case, relocation is possible only if the initiators request housing with a smaller area.
Recognition of the house as unsafe. If demolition of a building is planned, all occupants must vacate the occupied premises.
Confiscation of a land plot or apartment building for the needs of the state or municipality.
Transfer of the building to non-residential use.
Recognition of an apartment building as unfit for habitation. This is also the initial stage of recognizing the building as unsafe. Eviction starts from this stage.
Planned reconstruction or major renovation of the building. In this case, the resettlement is temporary.
Transfer of the building to a religious organization.

This is an exhaustive list of reasons. The law does not provide for other reasons for eviction. If the grounds are legal, but living space is not provided for living, you should file a complaint with the Housing Inspectorate, the prosecutor's office, etc.

Section VI. Homeowners Association

Chapter 13. Creation and activities of a homeowners association

Article 135 - Homeowners' Association
Article 136 – Creation and state registration of a homeowners’ association
Article 137 - Rights of the homeowners association
Article 138 - Obligations of the homeowners association
Article 139 - Repealed
Article 140 – Reorganization of a homeowners’ association
Article 141 – Liquidation of a homeowners’ association
Article 142 – Association of homeowners’ associations

Chapter 14. Legal status of members of the homeowners association

Article 143 – Membership in a homeowners’ association
Article 143.1 - Rights of members of the homeowners association and non-members of the homeowners association in an apartment building
Article 144 – Management bodies of the homeowners’ association
Article 145 - General meeting of members of the homeowners association
Article 146 - Procedure for organizing and holding a general meeting of members of the homeowners association
Article 147 – Board of the homeowners association
Article 148 - Responsibilities of the board of a homeowners association
Article 149 – Chairman of the board of a homeowners association
Article 150 – Audit commission (auditor) of a homeowners’ association
Article 151 - Funds and property of the homeowners association
Article 152 – Economic activity of a homeowners’ association

Section VII. Payment for housing and utilities

Article 153 - Obligation to pay for residential premises and utilities
Article 154 – Structure of payments for residential premises and utilities
Article 155 – Payment for residential premises and utilities
Article 156 - Amount of payment for residential premises
Article 156.1 - Payment for the rental of residential premises under a rental agreement for residential premises of a social housing stock
Article 157 - Amount of payment for utility services
Article 157.1 - Limitation on the increase in the amount of fees paid by citizens for utility services
Article 158 - Expenses of owners of premises in an apartment building
Article 159 - Providing subsidies for the payment of housing and utilities
Article 160 – Compensation for expenses for living quarters and utilities

Eviction of ex-spouse

Homeowners move anyone into an apartment (not just children or a spouse), but any citizen as a member of their family. But all other registered ones cannot move anyone in without the owner’s consent (with the exception of minor children). Anyone registered can be evicted from an apartment only by court order or with his personal consent. A spouse is considered a former family member only on the basis of supporting documents (divorce certificate).

When going to court to evict a spouse from a living space, you first need to remember how the housing was acquired. If the homeowner received it:

by right of inheritance,
by deed of gift,
purchase and sale before marriage.

In the listed cases, after a divorce from the owner of the living space is filed, the former spouse’s right to use the living space is not retained, unless other rules are established by the marriage contract or by oral agreement of the parties (Article 31 of the Housing Code of the Russian Federation). Taking into account the property status of the ex-spouse, the court may reserve the evictee’s right to housing for a certain period (usually 1 year, but there are exceptions).

The court has the opportunity to oblige the former spouse - the owner of the property - to provide the evicted person with living space, in particular if there are alimony obligations between them. If such a decision is made, the owner and his family look for compromise options for exchange or monetary compensation.

If the plaintiff became the owner of the property by:

privatization of the apartment for himself (the spouse then had the same opportunity),
The apartment was purchased by the owner during the marriage.

In such cases, eviction of a spouse as a former family member is impossible (Article 31 of the Housing Code of the Russian Federation, Article 19 of Federal Law No. 189), declaring that the provisions on eviction do not apply to a family member of the owner, who at the time of privatization had exactly the same right for an apartment, like today's owner. All property acquired during a marriage is considered joint property, no matter in whose name it is registered.

Section VIII. Management of apartment buildings

Article 161 – Choice of method of managing an apartment building. General requirements for the management of an apartment building
Article 161.1 - Council of an apartment building
Article 162 – Management agreement for an apartment building
Article 163 - Management of an apartment building in state or municipal ownership
Article 164 - Direct management of an apartment building by the owners of premises in such a building
Article 165 – Creation of conditions for the management of apartment buildings

Section IX. Organization of major repairs of common property in apartment buildings

Chapter 15. General provisions on major repairs of common property in apartment buildings and the procedure for its financing

Article 166 - Major repairs of common property in an apartment building
Article 167 - Ensuring timely capital repairs of common property in apartment buildings
Article 168 - Regional program for capital repairs of common property in apartment buildings
Article 169 – Contributions for major repairs of common property in an apartment building
Article 170 – Capital repair fund and methods of forming this fund
Article 171 - Peculiarities of paying contributions for major repairs
Article 172 - Control over the formation of the capital repair fund
Article 173 - Change in the method of forming the capital repair fund
Article 174 - Use of funds from the capital repair fund

Chapter 16. Formation of a capital repair fund in a special account

Article 175 - Special account
Article 176 - Peculiarities of opening and closing a special account
Article 177 – Transactions on a special account

Chapter 17. Formation of capital repair funds by a regional operator. Activities of a regional operator in financing capital repairs of common property in apartment buildings

Article 178 - Legal status of the regional operator
Article 179 – Property of the regional operator
Article 180 - Functions of the regional operator
Article 181 - Formation of capital repair funds on the account of a regional operator
Article 182 - Responsibilities of the regional operator for organizing major repairs of common property in apartment buildings
Article 183 - Accounting for capital repair funds by a regional operator
Article 184 – Return of funds from the capital repair fund
Article 185 - Basic requirements for the financial sustainability of the activities of a regional operator
Article 186 - Control over the activities of the regional operator
Article 187 – Reporting and audit of the regional operator
Article 188 - Responsibility of the regional operator

Chapter 18. Carrying out major repairs of common property in an apartment building

Article 189 - Decision to carry out major repairs of common property in an apartment building
Article 190 - Financing expenses for major repairs of common property in an apartment building
Article 191 - Measures of state support, municipal support for capital repairs

What is the eviction process in Russia today?

Any conflicting issues of eviction of a citizen from municipal residential premises are considered during the trial, since depriving a person of his permanent place of residence is classified as a serious legal impact.

The process involves the following stages:

analysis of the sufficiency of grounds for eviction;
collecting evidence for court;
registration and filing of a claim;
participation in court proceedings;
making and executing a court decision.

Interested persons whose rights have been violated have the right to file a lawsuit demanding the eviction of a citizen. These may include owners of residential premises, neighbors and persons living in a municipal apartment.

An application to the court can be filed on behalf of the Housing Inspectorate, whose responsibilities today include monitoring the proper use of the housing fund. The statement of claim must be filed at the place of residence of the person who will be the defendant in the legal proceedings.

Sample statement of claim for eviction from a municipal apartment

The document must contain the following information:

name of the court;
data of the plaintiff and the responding party;
a petition to evict a citizen;
a list of grounds that give the right to make demands;
description of previously carried out activities.

Eviction can be due to many reasons. The specific circumstances of the case directly affect the list of documents required to be included in the annexes to the claim. For example, in case of debt for an apartment, you will need to provide certificates of lack of payment.

If the decision to file a claim was due to inappropriate behavior and ignoring demands to correct violations, then acts of destruction, reports from a local police officer, and witness testimony may serve as evidence of such facts. You will also need to prove that conversations were held with the tenant several times, time was given for corrections, but such measures did not produce results.

Those required to be submitted to the court include a social tenancy agreement, a certificate of registration of residents, a technical passport of the premises and a receipt for state duty.

Section X. Licensing of activities for the management of apartment buildings

Chapter 19. Licensing of activities for the management of apartment buildings

Article 192 - Licensing of activities for the management of apartment buildings
Article 193 - Licensing requirements
Article 194 - Procedure for making a decision on granting a license or refusing to grant a license
Article 195 - Registers of information containing information on licensing activities for the management of apartment buildings
Article 196 - Procedure for organizing and implementing licensing control
Article 197 - The procedure for informing local government bodies, owners of premises in an apartment building and other interested parties about decisions made by the licensing commission and the state housing supervision body
Article 198 - The procedure for the licensee to post information about apartment buildings, the management of which is carried out by the licensee. Grounds and procedure for entering information about an apartment building into the register of licenses of a constituent entity of the Russian Federation, excluding information about an apartment building from the said register
Article 199 – Cancellation of a license and termination of its validity
Article 200 - Termination of activities related to the management of apartment buildings due to the exclusion of information about the apartment building from the register of licenses of a constituent entity of the Russian Federation, termination of the license or its cancellation
Article 201 – Licensing Commission
Article 202 – Qualification certificate