Can they be evicted from a non-privatized apartment? This question is asked by residents of houses and apartments received from the state. The causes of concern are very different. Some worry because of debts for utility bills, the second - because of changes in the state and legislation.
Privatized apartment status
Non-privatized housing - a room in a communal apartment or a full-fledged apartment or house in the private sector, which is not transferred to the private ownership of a citizen.
Regardless of the reason for receiving the premises: due to the social status of a person (disabled person, large family, etc.) or from an enterprise or organization in which he worked for many years, the rights and obligations are the same. However, the question regularly arises: "Can they be evicted from a non-privatized apartment?"
Social recruitment
Accommodation in non-privatized housing does not happen by itself, but is documented.
The introduction procedure is standard:
- the authorized body adopts an order for the provision of housing;
- a warrant is issued, valid for a limited time;
- a social contract is concluded, usually indefinite.
If housing was obtained before the current legislation was enacted, then relations are considered through the prism of concluding a social contract of employment. For example, housing was provided during the Soviet period, but when considering a dispute, provisions on social employment are taken into account.
Legislative regulation
What documents answer the question of whether they can be evicted from a non-privatized apartment?
- LCD - Housing Code.
- Civil Code of the Russian Federation - Civil Code.
- Regional laws and regulations.
- Federal Government Regulations.
ZhK contains basic norms: the grounds for obtaining housing, the rights and obligations of residents, the procedure for concluding a social contract of employment and its termination.
The norms of the Civil Code are subsidiary in nature, that is, they supplement the norms of the Housing Code if there is a gap in regulation.
From the by-laws, you can specify a standard social contract of employment.
Regional authorities adopt regulations on the conclusion of a social hiring agreement. They contain both a model contract and a list of documents and describe the procedure for the authorities and the applicant. If the apartment is not privatized, can they evict it? The law provides an answer based on specific circumstances. In one case they really can, in the other - no.
Eviction grounds
Obtaining housing for use from the state or municipality is determined by the status of the person. In some circumstances, the reason for which he was granted disappears, and the tenants are evicted. In others, circumstances did not change, then eviction is impossible.
What circumstances cause the eviction?
- grounds for introduction are temporary;
- a tenant systematically violates the rights of other tenants;
- a person harms the apartment in which he lives;
- debts for utilities have accumulated;
- recognition of the house as emergency;
- the tenant actually moved to another place of residence for a long period of time.
The presented list is not complete, each of the items has many options.
Eviction from a non-privatized apartment is allowed if there are circumstances specified by law.
If children are in dispute
One tenant or the whole family can lose housing. If the rights of a minor are affected, the process becomes more complicated.In case of deprivation of parents' rights or restrictions on parental rights, the child is left with the right to reside.
In an eviction dispute where deprivation or restriction of rights is not present, it is permitted if the child does not suffer. He will be provided with living space of the same or larger size, and the relocation will not make serious adjustments to his life.
What rights and obligations does a tenant have?
Is there much less right to live in an un privatized apartment than if they were owners? The tenant has, according to the law, the following list of rights:
- instill in your family members;
- rent part of the housing to another person or persons for a time or for an unlimited period;
- replacement or exchange of premises for another, more suitable;
- demand the provision of utilities, participation in major repairs.
Existing rights are closely related to obligations. The tenant's law obliges:
- use housing only for living (for example, the organization of industrial production is prohibited);
- ensure the safety of the premises (carry out ongoing repairs, monitor communications so that, for example, there is no flooding of neighboring apartments);
- pay utility bills in full and on time;
- inform the authority that granted the right to the premises about changes in circumstances affecting the prospects for further residence; for example, that the material situation has changed, and the owner of the premises is now not poor.
Contracts signed with tenants have more specific provisions, but we must remember that they are not exhaustive and the current legislation is added here.
Who decides on the eviction?
Can they be evicted from a non-privatized apartment only by decision of the administration or organization that provided housing? No, the Constitution limits the list of persons entitled to evict a citizen. Now only the court has this right. Interested parties are only entitled to file a lawsuit for eviction.
A judicial act that has entered into legal force is executed by bailiffs. The police are supporting them. This is because police officers or another official do not have the right to evict someone without a court decision, and already having legal force. It does not matter what caused its adoption. Even if we are talking about reporting information that did not actually take place, which became known after the introduction.
Features of participation in the case
The facts confirming the termination of the right of residence are proved by the plaintiff. In this capacity, only the administration, or the authority, or the organization that provided the housing can act. The management company with which a house maintenance contract is concluded does not have this right. Residents whose rights are violated have the right to file a claim.
What rights do tenants have in a non-privatized apartment when they evict one of them? They retain them in full. For example, a family lives in an apartment, and they want to evict one member in court. The court is obliged to ensure their participation in the case as third parties, because the proceedings affect their rights and interests.
Features of evidence
If the apartment is not privatized, can they evict? Yes, but the claim must be substantiated. Often, as a result of the trial, it turns out that the debt for services is available, but it is not large enough and the reason for the accumulated debts lies in difficult life circumstances.
If we are talking about the destruction of the premises, its damage, materials from the housing inspection are provided. Her responsibilities include detecting violations of housing laws. A protocol is drawn up in accordance with the norms of the Code of Administrative Offenses, then a decision is made on prosecution.
Having two or more of these decisions, the owner of the apartment will have the right to go to court.
Some residents are constantly noisy, scandalous, disturb peace. In this case, the police take measures.A protocol is drawn up, then a decision is made. As a rule, the court already makes a decision on police records. In particular, evidence of violence is the basis for eviction.
It is important to comply with the procedure of bringing to administrative responsibility, the actions of authorities according to the competence, otherwise a completely justified claim will be refused.
How to protect yourself?
What to do if they evict from an apartment? First of all, find out what the lawsuit is based on. The choice of the “do not go to court” strategy is disastrous. A judge can make a decision without delving into the case if the claim is correctly executed and there seems to be evidence.
It is important to provide documents refuting the arguments or showing the situation in a different light. A prime example is eviction due to non-payment of utilities. It is enough to bring receipts to the court or pay the debt, and the problem is solved.
The same rule applies to allegations of damage to housing, violation of the rights of other residents.
The plaintiff's arguments may not be well-founded, the volume of documents submitted is insufficient, or serious violations of the law were committed during their preparation.
It is advisable, when faced with a lawsuit, to seek help from a lawyer. The earlier the better. A late appeal may result in a loss of a legally promising case, and the price is the loss of housing.
Another point. The law obliges upon eviction to provide the defendant with other housing, except in cases where it occurred due to violations of the rights of other residents (caused serious property damage, committed violent acts, etc.).
Having paid attention to this, it is possible to either win the case in full or to delay the filing of the lawsuit. The peculiarity of eviction from a non-privatized apartment is its obligation to find other housing in advance.
If people are being evicted from emergency housing, the new one should be equivalent, which includes both the footage and the area of residence. Relocation to another part of the city is permitted, if only the tenant agreed to this option.