LawRegulatory Compliance

In what cases is eviction possible from the apartment?

In what cases is it possible to evict tenants from the apartment or from the area they occupy? Some believe that it is impossible to evict people these days, others - that it is easier to do this, even for minor violations of order. Let us consider in more detail the opinion of which of the parties most accurately describes the situation that has developed in the state.

Immediately stipulate that to evict a person from his square meters can be either by court order or with the involvement of the prosecutor's office, and the prosecutor's office usually deals with cases of unauthorized seizure of premises, and the courts make conclusions in response to claims of citizens or organizations of owners.

All housing can be divided into several categories: rented, service, municipal, privatized, hostel. Each of its species has its own reasons for eviction.

  1. Rented housing or housing occupied on the basis of a short-term contract (for up to 1 year). If it is a question of short-term hiring, then for eviction it is enough to delay the payment period twice, so that the owner could rightfully ask the tenant to "go out" with things. If a contract was concluded between the landlord and tenants, eviction from the apartment is possible on the basis of a contract signed by both parties. If it states that tenants are obliged to leave their living space one week after the payment date has passed or if property is damaged, it will be necessary to leave it if there has been a violation. Otherwise, the owner has the right to come and evict them with the police, as unauthorized invaders.
  2. Municipal housing. Forced eviction from an apartment belonging to municipal housing is possible in several cases. The first is the lack of payment for utility services for 6 months. In this case, the debtor is usually given a period during which he must pay off the debt, and if the situation with the debts does not change - provide another living space with the conclusion of the social contract. Hiring. Often in this case, residents receive rooms in the hostel, and losing in meters, because the new area will be issued according to the standards. In addition to debts for utilities, the basis for eviction can be a repeated, officially recorded violation of order. If the house is recognized as uninhabited or is subject to demolition, if it is transferred to religious organizations or the area of apartments is being changed during the reconstruction process, tenants are required to provide other housing.
  3. Privatized housing. "Is it possible to evict from a privatized apartment?" - this question often stirs the minds of the owners. Perhaps, but only if the house is demolished. For debts, as in municipal housing, the owner will not be evicted. True, this does not mean that you can not pay with impunity for years. For chronic debtors, the state has another government - for example, fines. If the house is demolished because of its emergency condition, the owner must provide a similar apartment in the area.
  4. Dormitory or service apartment. The grounds for eviction from the dorm room are similar in many respects to the grounds for eviction from the municipal housing. Similarly, a tenant can leave occupied meters if he did not pay utility bills or violated the established order: he arranged debauches, turned on loud music at night, interfered with resting his neighbors, refurbished the occupied premises for a private enterprise and so on. Also eviction from an apartment in a hostel is possible after the term of the contract concluded for the period of service or study. Unlike municipal housing, from the hostel can be evicted without providing any living space in return.

In general, evicting a person is not so easy. Even in non-privatized housing, the facts of violation must be repeatedly officially recorded, and only after warnings that the tenant ignores can be made, we can talk about the trial. Bona fide tenants and owners of eviction from the apartment does not threaten.

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