Dmitry Nikitenko 02/13/2017
Disputes about eviction from official housing are a common category of cases in judicial practice in the Republic of Belarus.
Official residential premises are residential premises intended for the residence of citizens during the period of labor relations and provided under the terms of a rental agreement for official residential premises.
Lawyer for housing cases in Minsk : 220052, Minsk, st. Gursky, 46, office. 310 (Mikhalovo metro station) tel..
Eviction from a service apartment without provision of other housing
Employees and citizens living with them are evicted from official housing in the event of termination of their employment relationship with the employer. In the event of a refusal to vacate the official residential premises, the employee is evicted in court according to a claim for eviction from the official residential premises.
Discharge from official housing in court without the provision of other premises is possible on the following grounds:
- Citizens living in official residential premises are subject to eviction, except for the case if one of the adult family members of the tenant of the residential premises living together with him is in an employment (official) relationship with the landlord and, due to the nature of his work, he can be provided with official residential premises in in the event that the tenant receives (purchases) office residential premises in a given locality of another residential premises with a total area of fifteen square meters or more (in the city of Minsk - ten square meters or more) per person, meeting the sanitary and technical requirements established for living;
- in the event that the tenant of a residential premises under a contract for the rental of official residential premises of the state housing stock has died (declared dead, declared missing by the court), members and former members of his family are subject to eviction if they own residential premises in a given locality with a total area of fifteen square meters or more (in the city of Minsk - ten square meters or more) per person, meeting the sanitary and technical requirements established for living, or upon expiration of the lease agreement for office residential premises of the state housing stock concluded with them;
- If the tenant of a service residential premises leaves for his place of residence in another locality or other residential premises in this locality, members and former members of his family are subject to eviction. The statute of limitations does not apply to demands for eviction of such citizens. This rule applies to members, former family members of the tenant of official residential premises under a contract for the lease of official residential premises of the state housing stock, who moved to their place of residence in another locality or other residential premises in this locality after April 8, 2006.
Notice of eviction: form
The notification form is here.
Gr. ______________________,
residing at the address:
___________________________
Notice of eviction
We hereby notify him of his eviction from the apartment located at:
____________________________, in connection with the decision
__________________________ court, which entered into legal force on “___” __________ 20 __ year. You must vacate the occupied premises before “___” __________ 20 __ year.
If you do not vacate these residential premises, forced eviction measures will be applied to you.
Head of Municipal Housing Department
_______________________ administrative district
__________________/____________________.
Notification received:
______________________________
"___" __________ 20 __ year.
Eviction from service housing with time limits
Article 118 of the Housing Code of the Republic of Belarus provides for cases when, after the loss of the right to own or use residential office premises, temporary rental agreements are concluded with certain categories of citizens, upon the expiration of which the persons are subject to eviction without the provision of other residential premises:
- for a period of up to three years, if the tenant of the residential premises under the contract for the rental of official residential premises of the state housing stock has died, an agreement for the rental of official residential premises of the state housing stock for a period of up to three years is concluded with one of the adult family members of the tenant of the residential premises who lived together with him ;
- up to ten years, in the absence of family members of the deceased (declared dead, recognized by the court as missing) of the tenant of the service residential premises of the state housing stock, who lived together with him, in the ownership of residential premises in a given locality with a total area of fifteen square meters or more (in in the city of Minsk - ten square meters or more) per person, meeting the sanitary and technical requirements established for living, a rental agreement for office residential premises of the state housing stock can be concluded with one of them on the grounds provided for in paragraph 5 of Article 118 of the Housing Code;
- when a tenant of residential premises is transferred under a contract for the rental of official residential premises of the state housing stock to work in another locality with the provision of official residential premises to him, including when he is elected to an elective position in a state body, the official residential premises at his permanent place of residence may be retained for him at the written request of the employer for a period of no more than three years (in the case of a tenant of office premises leaving for temporary residence in another locality in connection with his election to an elective position in a government body - for a period of no more than four years).
How to convey a notice, warning, demand
Drafting a warning, demand and notice is not difficult in itself. It is more difficult to transfer the document to the residents in such a way that they will not be able to claim in court that they did not receive anything. There are several ways to do this.
Telegram
This method is most often used if the disputed apartment is located in another city. The owner of the apartment comes to the post office, draws up the text of the document and certifies a copy of the telegram, sending it with notification of receipt.
Ordered letter
Must be sent by mail with a mandatory return receipt and a description of the contents. The inventory is compiled by the postal employee (in two copies) who receives and issues the registered letter. One copy of the inventory is delivered along with the letter to the tenant, the other remains with the owner of the residential premises.
This is important to know: How best to transfer ownership of an apartment to a son or mother
Personal delivery of the document
In this case, the owner must prepare two identical copies of the document. On one of them the tenant will have to write his personal information and sign.
If, in the presence of witnesses, the tenant refuses to receive the paper, they record the refusal to receive it on the second copy, fill in their passport information and sign.
Drawing up and transmitting a warning, demand or notification to the tenant is a troublesome and quite complicated procedure. If you do not have special legal knowledge, you can easily make a mistake, violate the procedure, or perform some actions not in the order required by law. All this will delay the eviction.
You should not rely on your understanding of the situation, on tips from neighbors and friends, unless, of course, they are lawyers on housing issues. Drawing up a document together with a competent lawyer will significantly increase your chances of a positive outcome in the litigation.
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Citizens who are not subject to eviction from a service apartment without the provision of living quarters
They cannot be evicted from service residential premises of the state housing stock, provided before April 8, 2006, without the provision of another residential premises of standard consumer qualities that meet the requirements of paragraph 3 of Art. 84 Housing Code of the Republic of Belarus of this Code, with the exception of cases provided for by legislative acts, tenants of service residential premises of the state housing stock:
- who have become disabled as a result of injury, contusion, mutilation, or occupational disease received during the performance of production or official duties;
- have worked for at least ten years in the organization that provided office housing (regardless of its ownership);
- dismissed due to the liquidation of the organization or reduction in the number or staff of employees;
- those who have fallen ill and have suffered radiation sickness caused by the consequences of the disaster at the Chernobyl nuclear power plant, other radiation accidents, disabled people for whom a causal connection has been established between an injury or disease that led to disability, with the disaster at the Chernobyl nuclear power plant, and other radiation accidents;
- who are disabled during the Great Patriotic War and disabled during combat operations on the territory of other states;
- who were participants in the Great Patriotic War;
- who are veterans of military operations on the territory of other states; are disabled people of group I or II;
- entitled to a labor pension based on age (including on preferential terms) and for length of service.
In accordance with Article 221 of the Housing Code of the Republic of Belarus, provided that official housing was received before April 8, 2006, family members will not be subject to eviction from official housing without the provision of other living quarters:
- deceased (died) employee, military personnel who were provided with official living quarters;
- military personnel and partisans who died or went missing in defense of the former USSR, the Republic of Belarus or in the performance of other military service duties, who were provided with official living quarters.
Eviction from official housing by court is a last resort measure, which is used only in cases of citizens’ refusal to vacate the official premises.
Arbitrage practice
The Supreme Court, faced with numerous cases of illegal eviction, decided to prohibit the eviction of tenants on the basis of the lack of warrants from the occupier of the premises. In addition, the highest court, by a special resolution, confirmed that residents living in office premises have an indisputable right to privatize their square meters. It does not matter how many times the hostel building changes owners. As a precedent, a lawsuit was cited in the Krasnodar region, where a class action lawsuit was filed by residents of one of the hostels. All of them received space in the hostel during the Soviet years, working in the oyster farm. After the closure of the enterprise, the hostel building changed owners several times. After the release of the new Housing Code, the local administration declared the residents illegal, assessing their residence as arbitrariness. The basis for the eviction in the statements of claim was the lack of warrants for the tenants of the premises. The residents proved that they moved in legally, and the warrants were issued to the hostel administration. The Supreme Court took these facts into account and declared the eviction demands illegal. In its recommendations for the courts, the court stated that legal occupancy, actual residence in the premises and payment of utilities are legal, even in the absence of a warrant.
Statement of claim
If the case goes to court, it is necessary to draw up a statement of claim. The grounds for eviction may vary. If the claim for eviction contains incorrect grounds, is based on the wrong legal norms, the result may be exactly the opposite (the person will still have disputed rights, and you will no longer be able to ask for the same thing in court, because in the same case you can apply to court only once).
Therefore, before going to court with an incorrectly drawn up statement of claim or incorrect grounds for eviction, you need to know exactly which way to go. Moreover, you need to understand whether eviction is even possible or whether there are other ways to resolve the conflict situation. For example, exchange, exchange, gift to children, counter-purchase or commercial lease agreement and much more.
An eviction claim is filed at the location of the defendant. This is what the Civil Procedure Code instructs us to do. Where is the location of the defendant? At the registration address from which we are renting him or where he lives now? Or he doesn’t exist at all, his whereabouts are unknown. What to do then?
The lawyer or lawyer knows the right decision. And we would, of course, tell you this, but there is no single rule. In each specific case, the eviction claim will be considered by a specialist, taking into account the special circumstances (because your situation is different from that of your friends in the same similar situation!).
An application to the court for eviction must contain the following attachments:
- Certificate of registration of the evicted person according to Form 9 (fresh, preferably no more than 30 days old);
- Evidence on the basis of which the eviction claim is filed;
- Receipt for payment of state duty.
In addition, you must sign the statement of claim and date it. If the formalities are not followed, your application may not be accepted. Eviction cases fall under a category of cases that the Constitution protects—the right to housing. Therefore, it is important to answer a few questions before suing. First, you need to understand the legislation. Is it even possible to evict such a citizen?
There are exceptions to the rules under which a citizen under no circumstances can be evicted from an apartment, room, hostel or other housing. Secondly, if eviction is possible, what evidence is available and what evidence needs to be collected so that the court takes it into account and makes a positive decision.
The secret of business success. Judges treat eviction lawsuits with particular care and caution. From practice I would like to draw one important conclusion. The judges believe that it is better not to change anything, let everything remain as it is.
Therefore, you have only one way - to correctly file an eviction claim.
It’s better for a lawyer to write you correctly once than for you to sue yourself 10 times and not win in the end. Spend some money on preparing a good claim. This will help solve the problem once and for all!
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Category : Housing law Replies : 5
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| Svetlana |
| Tell me how and what to do!!! How to create a notification! And we also have houses (service houses) on our balance sheet, they were annexed to us in 2012, and the citizens living there do not work for us, they were offered to buy them out, they refused, there was a lawyer before me, she said that she did everything, but the prosecutor’s office refused to represent our interests in court! Tell me what documents are needed to evict from the office premises (HOUSE) and from the hostel!! And how to write a notice of eviction from the hostel! And how to properly file a claim for eviction and at the same time it is necessary to file a claim for the expulsion of citizens from the hostel. Is this POSSIBLE!??? |
| I want to draw the moderator's attention to this message because: Notification is being sent... |
| MikhAn [email hidden] Republic of Belarus Wrote 1131 messages Write a private message Reputation: 113 | #2[28323] July 19, 2013, 11:31 |
To do this, collect the necessary package of documents proving and confirming the legality of your claims. And you send residents a notification by registered mail justifying the requirements. You are waiting for an answer (in the new housing code - 1 month), after that - to the court. Statement of claim for eviction and deregistration. It's not that easy to evict people. And it's not a quick process. Good luck. (Have you contacted the prosecutor's office to save money?) I want to draw the moderator's attention to this message because:
Notification is being sent...
| Svetlana [email hidden] Wrote 50 messages Write a private message Reputation: | #3[28345] July 19, 2013, 5:03 pm |
Notification is being sent...
| Svetlana [email hidden] Wrote 50 messages Write a private message Reputation: | #4[28346] July 19, 2013, 5:12 pm |
Notification is being sent...
| MikhAn [email hidden] Republic of Belarus Wrote 1131 messages Write a private message Reputation: 113 | #5[28349] July 20, 2013, 3:01 |
terminated their employment relationship in 2008, but you were given the housing in which these citizens live in 2012... Who allocated housing to these citizens then and when? And what does that mean?
Quote:
joined us in 2012 at home
What was it? Have you bought houses? Or were they given to you as a gift? Or was the enterprise reorganized (transformed), etc.? What do you need to evict? I think I should seek help from lawyers
who
will check all the documents and the situation on the spot.
It is unlikely that you will be able to do anything yourself, even with the help of the forum.
In general, write the notice in any form and send it by registered mail. The main thing is that there is a receipt of delivery, so that this receipt can then be attached to the statement of claim. Write that, for such and such a reason, the rental agreement has expired, and according to the housing code and the rental agreement, you are obliged to vacate the premises within such and such a period. And if you fail to evict within the specified period, you will be evicted in court and that they will incur additional costs for paying the state fee for the court. Although you can send the notification itself, even a blank sheet))) anyway, it’s unlikely that anyone will be evicted voluntarily, so WHAT you write there won’t play a big role and won’t make an impression on the villagers. And to the application you need to attach copies of: - a rental agreement (write to me what this agreement is called and for what period it was concluded), - the decision of the executive committee to give the status “official” - a certificate of registration of property rights (from the BTI) - an extract from the work book of citizens or a certificate from your HR department, from what period to what period they worked for you - an extract from the collective agreement on the distribution and alienation of housing - an extract from the personal account for payment of utilities (if there is a debt) - a receipt for delivery of a notice to citizens - a payment order for payment state fees - etc. To deregister non-residents: try to convince them to “re-register”, threaten them with millions of fines. Often this number comes through. If it doesn’t work out, it won’t be easy to write it out. Somehow it will be necessary to prove, not only that they do not live, but to prove EXACTLY WHERE they live
.
You can go to the local police officer, to the clinic (at which address the doctor is called), to a new job for citizens... think for yourself - this is all very individual. Plus problems if there are children. And such “evictions” can last more than one month, unfortunately. You write out one quickly... others are almost impossible (( Edited by the moderator according to the forum rules (subsection 4.9.)
Notification is being sent...
| Elena [email hidden] Wrote 10 messages Write a private message Reputation: | #6[58100] February 5, 2020, 16:55 |
Notification is being sent...
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