The loss by individual citizens of their home is a real and fully legal procedure, common in the territory of the Russian state. The court decides on the recognition of the loss of the right to use the premises, as a result of which the defendant is forced to give a document on the place of registration and to vacate the house or apartment. In what cases is such a decision made? What are the consequences of the procedure? All these and many other questions will be answered in the article.
Use of housing: what is the point?
Before talking about the procedure for declaring lost the right to use the premises, you need to pay attention to the right to use. What is it, especially when it comes to real estate? Based on the name of the legal fact, it becomes clear that we are talking about the opportunity to use the living space - to live on it and legally dispose of its elements.
There is the concept of an owner. This is the person with the most rights to housing. The owner is able to own, manage and use housing - but only to the extent that it does not violate the rights of other citizens.
In Soviet Russia, housing was tied to a residence permit. At the present time, everything is somewhat different. The employer is not able to lose the document of the place of registration, even if he left his home voluntarily. Because of this, a number of difficulties arise. For example, it will be difficult to let in new residents, there is no opportunity to privatize the house, payments for utilities will increase, etc. The only possible way out is to contact the court, which will make the decision to recognize the citizen as having lost the right to use the premises of a residential type.
Is it possible to lose the right to housing?
A person can have his own house or apartment, own a document on the place of residence and regularly pay taxes. However, he soon receives a subpoena, where he is recognized as having lost the right to use the premises. Is a similar scenario possible in real life? Unfortunately or fortunately, this is a very effective and common case. However, not all so simple. Often, residents of a room have much more rights to it than the rightful owner.
This is a very serious and complex problem, which is almost impossible to solve without the help of lawyers. In the case of the claim for the loss of the right to housing, we are talking about two sides of the process: the person living in the room, as well as the person who instilled the person. Such a person may be the employer or owner. The tenant is a citizen who has the right to use housing. It concludes a social contract of employment. The owner, on the other hand, is a citizen who fully owns housing and has the right to dispose. In the case of filing a claim recognizing a person as having lost the right to use the premises, both tenants and owners will have the same rights.
Thus, there are a large number of circumstances in which a court makes a decision on a person who has been recognized as having lost the right to use the premises. The Supreme Court of the Russian Federation even made a whole list of common cases when leaving the premises is violent, voluntary, forced or any other nature.
The term of perpetual use
The issue of judicial recognition of the loss of the right to use the premises is almost always associated with conflicts and disputes. Often evicted tenants begin to actively fight for their rights. Moreover, Russian law provides for a number of cases in which the owner does not have the opportunity to deprive people of the right to live indoors. Residents in this case have the right of predominant, and sometimes even unlimited use of the house or apartment. There is no way to challenge such a right. Here are the citizens in question:
- spouses, who in an official marriage jointly acquired property;
- parties to an annuity contract with life support status;
- relatives or family members of the owner who once lived in the house, namely before privatization;
- persons who received a testament refusal;
- past owners who refused to participate in privatization for new residents.
Do the citizens represented have the opportunity to dispose of their property, for example, to sell it? By law, no. At the same time, there are no grounds for declaring them to have lost the right to use the premises.
Loss of housing rights
Having dealt with citizens who cannot lose their rights to housing, it is worth moving to another, less protected category of people. Now it’s worth talking about people who can be recognized as having lost the right to use the premises. Owners or employers should pay attention to the following citizens:
- Spouses who terminate an official marriage, while the living area does not apply to jointly acquired property. It can be donated or acquired by one of the spouses.
- Persons who have concluded a transaction on the alienation of real estate, but only in cases where the owner has sold his house or apartment.
- Persons who constantly violate the rules for using a house or apartment. In this case, it will be necessary to prove a violation of hygiene and sanitary requirements, damage to property, immoral behavior, etc.
- Citizens who missed the end of the lease, including when it comes to a municipal apartment.
- A tenant who has been absent for a long time or not paying utility bills for no good reason.
In the case of the last paragraph, everything is very simple. The court will easily deprive a person of the right to housing, even without taking into account the existence of a document on permanent registration. Sometimes debts grow to such enormous sums that removing a house and removing it from housing will not be any labor for the state.
Recognition of the owner as having lost the right to use the premises
Finally, it is necessary to pay attention to cases of loss of a house or apartment by the owner. The practice of recognition as having lost the right to use a dwelling always involves a number of circumstances. So, it is worth paying attention to article 29 of the Russian Housing Code, which refers to unauthorized re-planning or reconstruction of an apartment. The result of such actions will be the forced placement of the home at auction, where it will be sold. The finance remaining after deduction of expenses will be transferred to the owner.
Thus, the court lawfully deprives a citizen of the opportunity to live indoors. The reason for this is actions that are dangerous for the property, especially when it comes to premises in an apartment building. Unauthorized reconstruction is much more dangerous than it seems. Often the owner begins to crush the walls, chop the floor and implement other work to change the established configuration. Such actions can lead to the assignment of emergency status to the house.
Ownerless treatment as a reason for eviction
The second reason for depriving the owner of the house is the inappropriate treatment of the premises.In this case, you should pay attention to article 293 of the Russian Civil Code, which refers to the mismanagement of the owners. If the owner of the apartment constantly violates the interests or rights of his neighbors, using the house for other purposes, or treats the house in an unmanageable manner, then the apartment or house can be legally sold at public auction.
What is meant by mismanagement? As a rule, this is an unwillingness to make repairs in the apartment or, even worse, handling the housing in such a way that it becomes impossible to live in it. In this situation, the citizen receives a claim recognizing him as having lost the right to use the premises.
Another reason for the legal loss of housing will be its illegal acquisition. According to article 302 of the Russian Civil Code, the court may establish that the apartment was illegally abandoned by the past owner: against his will, with false documentation, etc. If the buyer is not the culprit, the right to housing is simply lost. If the buyer was also implicated in the illegal acquisition of a home, then a criminal case will be opened.
Foreclosure and State Needs
It is worth paying attention to the last two circumstances, which may serve as reasons for the loss by the owner of his home. The first reason is the so-called foreclosure. We are talking about cases where real estate have the nature of a pledge. Here it is worth recalling Article 78 of the Federal Law "On Mortgage", which enshrines the possibility of withdrawing a dwelling in case of formation of large debts. In this case, the case is decided by the court, which makes a decision recognizing as having lost the right to use the premises. The lawsuit is as follows:
The second circumstance is connected with article 32 of the Russian Housing Code. It describes the seizure of land for regional or national needs. In this case, the owner will receive monetary compensation. A simple example is the construction of a road or the construction of an infrastructure facility.
It is also worth noting that most recently, lawmakers adopted the norm according to which the FSB has the right to seize any land. It is not yet clear what features such procedures will have, since there have not yet been cases in practice. However, disputes have already erupted in expert circles about whether such a rule violates the Russian Constitution.
Loss of rights by the employer
Having dealt with the owners of housing, it is worth moving to the tenants. The procedure for recognizing them as having lost the right to use the premises is slightly different. In particular, it is a social contract of employment. You must refer to article 83 of the Russian Housing Code, which describes the eviction of a tenant for unwillingness or inability to pay utility bills. The law establishes the exact period during which you can not pay for housing. This is half a year. In practice, everything is somewhat different. It must take at least a year for someone to institute proceedings. Only then will it be possible to recognize the defendant as having lost the right to use the premises. Although periodically the tenant will receive summons with warnings.
Subsequent circumstances, in which the prospects of losing the right to use the house are becoming closer and more tangible, are largely similar to the reasons for the deprivation of the owner’s housing rights. This is the destruction or severe damage to the house, the systematic violation of the interests of neighbors, the use of the home for other purposes, etc.
Lawsuit: characteristics and sample
Recognition of the loss of the right to use the premises is almost always decided through the court. In such cases, it is necessary to draw up a competent lawsuit, which would serve as the beginning of a successful clerical work.
It should be noted right away that documents are of various types - depending on the current situation, the status of the plaintiff and defendant, the nature of the violation, etc. Nevertheless, the so-called “heading” of the application is always the same. The name of the plaintiff (surname and initials of the applicant), as well as the address and name of the court are indicated. Information about the defendant and the third party is also included in the claim for recognition as having lost the right to use the premises. A sample title is as follows:
The following is the value of the price of the claim and state duty. As a rule, the state duty to a district court is 300 rubles. After the situation is described directly. For example, the applicant positions himself as a plaintiff, after which he talks about the defendant: when he was brought into the home, what kind of violation he committed and what needs to be done with him.
A statement of claim should preferably be made together with a lawyer. A specialist in the field of jurisprudence will tell you how to avoid possible problems, warn about difficulties and help to successfully resolve the matter.
Recognition of minors as having lost the right to use the premises
What about the owners of residential premises under 18 years of age? Do they have any rights with respect to their property? The first and most important type of law, namely ownership, is assigned to the child initially. It cannot be eliminated, changed or removed in any way. In the case of use, everything is not so clear. It all depends on what the court decided on the child: it is possible that until the age of majority a person under the age of 18 will not be able to see his house. However, if the child has trustees or guardians, then the use of housing is very possible.
Finally, an order. Is a child entitled to a sale, transfer, gift, or any other operation? Is it possible to recognize a child as having lost the right to use the premises? As a rule, no, minors have no such opportunity. The exception is emancipation - recognition by a court of a minor as capable.