Eviction from a municipal apartment: grounds and process

Today trials evicting tenants from government apartments is a fairly common occurrence. The initiators, of course, are the city authorities, respectively, judicial proceedings are opened on the basis of a lawsuit filed by them. The defendant in this case is the person with whom the contract of employment was concluded for living in the apartment.

Eviction grounds

Just like that, because the landlord wanted to vacate the living space, people could not be evicted. For this we need weighty reasons and arguments, otherwise the court will simply refuse. The law stipulates in cases 54 and 83 of the LC RF when eviction from a municipal apartment is possible:

• if residents do not pay bills, and the debt has already reached an amount equivalent to 10 minimum wages;
• if other employers receive constant complaints that silence is not respected at night, and the behavior goes beyond the limits of what is permitted;
• if the apartment is in disrepair;
• the basis may be the proven fact that tenants render public property unusable;
• if the apartment is not used for living, but for other needs that do not match the purpose of the premises.

Eviction Trial

Eviction from a municipal apartment can only be done by court order. There are two options for the development of events.

1. In the first case, the authorities may offer alternative housing, but with worse conditions. This option happens when the eviction from the municipal apartment is due to a large debt on the bills for the use of the premises or if this tenant has become an obstacle for other neighbors and they have flooded the relevant authority with complaints of inappropriate behavior.
2. In the second case, the outcome may be more deplorable for the tenant, since eviction from the municipal apartment to bring housing into an unsuitable state of life or to use the premises for other purposes is not provided. Simply put, a person will be deprived of the right to use and the contract with him terminated.

Court - last resort

Naturally, filing a lawsuit with the court and evicting the tenant from the municipal apartment is an extreme measure, which should be preceded by written notifications handed to the tenant in his hands, so that he would review his behavior or begin to pay debts. Residents must be given warnings, in case of ignoring which the authorities will have to bring the dispute to court to resolve the problem legally.

Good reasons for not paying bills

There are a number of reasons why a person may not pay rent for the contract and which the court may regard as respectful.

1. There is a big debt on wages, because without a livelihood, the tenant could not pay the bills for the apartment.
2. Debt retirement benefits, which are the sole income.
3. The difficult financial situation of the employer's family, when the main breadwinner lost his job, and the income of other family members is not enough for living. At the same time, attempts to get a job are mandatory, for example, registration at the labor exchange.
4. The poor health of the main tenant or someone in his family, when the bulk of the money goes to treatment.
5. The reasons may also include persons with disabilities on maintenance of a tenant and minor children, when the income for all family members is below the established minimum.

Forced eviction from a municipal apartment will become impossible if the tenant can defend his innocence, proving that the grounds referred to by the plaintiff were the result of circumstances independent of the tenant.

People with disabilities of groups 1 and 2, as well as children under the age of 14, cannot be evicted into the street, even if their guardians and parents violated the law, according to which the termination of the contract does not provide for another apartment for living, the court will nevertheless oblige the municipality to give the family with children alternative living space.

Eviction process

If none of the means of influence in the form of notifications and warnings has worked, then the authorized representative of the municipality may apply to the arbitration court with a statement in order to obtain eviction from the municipal apartment. The grounds that will cause this must be documented. That is, it can be statements about the state of the financial account for the apartment, complaints from neighbors or an act that the housing is used for other purposes or brought to an unusable state. If neighbors turned to the municipality, demanding that it assisted in the eviction of the negligent tenant, then a statement from all those who are not satisfied and a certificate from the police station about repeated calls in connection with the violation of order will be required.

Defend your interests - the right of every tenant

The municipality is entitled to withdraw housing leased out for use only after the court order has entered into legal force, which, of course, can be appealed against at the appointed time. A tenant always has the right to assert his rights, and if he does not pretend to stay in the same apartment, then at least demand the provision of an alternative residence. The practice of evicting from a municipal apartment shows that a huge number of people who can’t pay the payments and have good reason for this state of affairs have received deferrals in court and continue to use the living room.