In a non-privatized apartment, residents live under a social tenancy agreement. Can tenants be evicted from it? In this article we will consider whether someone can be evicted from a non-privatized apartment for debts.
Under a social tenancy agreement, housing can be provided to a special category of citizens. This number includes the poor, municipal employees, as well as other persons in need of such premises. One of the grounds for eviction from such a premises may be non-payment of utilities. So, if a tenant has not paid for any utility tariffs for services for 6 months, he may be evicted from the apartment based on a court decision. In this case, the procedure is as follows: the tenant may be provided with premises of a smaller area and of lower quality.
After eviction
After a tenant is evicted from non-privatized housing, no one sends him to the street. But for some reasons, he can be evicted without providing housing in return. Such eviction threatens those individuals who have behaved in a certain way, for example, they have received complaints against them for fighting, insults or noise. The same eviction is threatened if the tenant caused damage to the apartment itself.
The procedure for eviction will be as follows. First of all, the resident is given a warning so that he changes his behavior. The landlord does this based on evidence of such behavior. If the tenant does not change his behavior for some time, he is evicted by court decision.
If it is necessary to evict a tenant, the legal requirements apply, according to which minor children must live with one of their parents until they are 18 years old. That is, they must be registered in the apartment in which their parent or guardian lives. A minor can be evicted from an apartment only if he can be registered elsewhere. Even if the other room is smaller.
Why is it necessary?
Some people are interested in why it is necessary to privatize an apartment. Based on all of the above, we can come to the conclusion that a citizen living in the territory under a social tenancy agreement cannot be kicked out onto the street. He will have the right to lifelong use of one or another housing.
Despite this, privatization has a number of advantages. They are the ones who attract the population. What is it about?
Why do you need to privatize an apartment? Why is privatization necessary? Among its main advantages are the following features:
- A citizen cannot be evicted for utility debts. You can go to court to collect the debt, but you will not be able to deprive the owner of the property. For failure to fulfill responsibilities for maintaining housing, the tenant may be evicted.
- An apartment or house is a reliable rear and investment. Free privatization allows you to acquire your own home without much difficulty.
- Registration and decision regarding who exactly to register. According to the law, the owner himself decides who to register in the housing. He may ask a citizen who refused privatization (for example, a former spouse) to leave the territory legally.
- Privatized housing is inherited.
- Property received from the state is transferred to the full ownership of citizens. They can perform any actions with an apartment or house - give, sell, bequeath, rent, alienate, exchange, and so on.
- As already emphasized, the owner has the right to rent out the property. Accordingly, privatized housing can become a means of making a profit.
If you do not privatize the apartment, you can only count on living in one or another housing. And nothing more. It won't be possible to manage it. Such rights remain with the property owners.
What to do to avoid being evicted from a non-privatized apartment
The main condition for not being evicted from non-privatized housing is timely payment of utilities. In addition, you should treat your apartment with care and communicate with your neighbors respectfully. It is important to remember that even if the tenant has committed any actions that give rise to his eviction, he is first given a short period of time to correct it. That is, the debt incurred by the tenant can be repaid, and the behavior corrected. If, after the expiration of the given period, the tenant does not improve, then an application is filed against him in court. If the tenant does not agree with the court's decision, he can remain in the apartment and file a counterclaim. To do this, of course, it would be better to contact an experienced housing lawyer. A lawyer may be able to find a way to avoid eviction from the apartment.
About the consequences
What happens if the apartment is not privatized by this or that person? In fact, such a decision is not too dangerous for some citizens. But it still has shortcomings.
If a citizen refuses privatization, he loses the right to receive ownership of the property. Nevertheless, he will still be able to live in the apartment throughout his life.
The refusal of one of the residents to privatize increases the shares in the property due to the others registered on the territory. This happens proportionally.
Please note that children under 14 years of age cannot apply for a waiver. After reaching this age and until adulthood, the process must occur with the permission and confirmation of the guardianship authorities.
Can I be evicted for debt?
In order to be able to evict tenants for non-payment of utilities, it is necessary to perform certain actions that are regulated by the Housing Code of the Russian Federation. As a rule, the eviction of tenants does not occur on a voluntary basis, since rarely does anyone want to vacate the apartment themselves. Therefore, such tenants are mainly evicted by decision of the judicial authorities. Debts can cause eviction for non-payment of utilities and mortgage debts. Debts on utility bills must arise six months before the tenant goes to court. In addition, the amount of debt must be above 50 thousand rubles.
The eviction process is regulated by the Housing Code of the Russian Federation (90 Housing Code of the Russian Federation). After a court decision is received, the apartment will be sold at auction. Part of the proceeds from the sale will be used to pay off utility debt or mortgage. Such cases are common today, and if obligations are not met, the credit institution also insists on eviction.
general information
Let's figure it out - what is privatization, which has been talked about so much since the early 90s of the last century?
The main objective of the process is to transfer ownership of apartments that were previously on the balance sheet of the state housing stock to Russian citizens. This, on the one hand, will allow the country to get rid of the need to maintain it, and on the other hand, it will create a culture of private property among the population.
The topic of privatization first became relevant in 1991, that is, immediately after the collapse of the Soviet Union. At that time, the standard of living in the country fell sharply, and, accordingly, budget revenues decreased, which ultimately led to a reduction in its expenditure. It has become expensive for the state to properly maintain many thousands of houses. Transferring them to the balance sheets of municipalities did not solve all the problems, since in the regions the economic situation was also deteriorating every day.
Procedure for drawing up a statement of claim
The basic requirements for drawing up a statement of claim are as follows: it must be in writing and also contain the necessary details. It is also important to indicate the circumstances that contribute to the tenant being evicted.
Before filing a claim, you must pay the state fee, and a receipt confirming payment is attached to the claim. In addition, documents confirming the grounds for eviction of the tenant are also attached to the claim. The list of documents attached to the statement of claim will be as follows:
- Registration certificate for the apartment;
- Receipt confirming payment of the state duty;
- An extract containing information that the tenant has an overdue debt;
- Social rent agreement;
- Documents that can confirm that the tenant committed violations while living in the apartment.
Documents for refusal
Is it necessary to privatize an apartment? No. The citizen exercises this right at his own discretion. Among the documents requested by the notary are:
- application (it is better to draw it up from an authorized person);
- social rental agreement;
- identity card of a “refusenik” citizen;
- an extract from the house register;
- apartment personal account certificate;
- extract from the BTI;
- cadastral passport of housing.
It would be enough. Privatization is a serious decision with its consequences. Not everyone is ready to become the owner of state property.
Making a court decision on eviction
When considering a claim, the judicial authority will face several questions. For example:
- what is the reason for the eviction of the tenant;
- what causes the emergence of a large amount of debt on utility bills;
- whether the evicted tenant has a regular income;
- whether the evicted tenant has other housing for relocation;
- whether the evicted tenant has minor children.
All materials attached to the case are studied by the court quite carefully, and both the defendant and the plaintiff are heard. After which a decision is made on whether to evict or remain in the apartment. If the court decides to evict, it will be transferred to the executors.
The eviction process itself should only be carried out in the presence of government officials, for example, the police or the FSSP. This is due to the fact that many tenants may display aggressive behavior when forced to evict them from their apartment (Read also the article ⇒ Eviction from an apartment for debt).
Disadvantages of Privatization
Despite all the advantages of the process, privatization has a number of disadvantages. For some citizens they are extremely important. If you don’t privatize the apartment, what will happen? What are the disadvantages of this process? They should not be confused with the reasons for refusing to re-register property as private property.
The disadvantages of privatization are the following:
- Taxes. It's no secret that owners must pay for their property. Taxes must be remitted to the state annually. You will have to pay for privatized housing.
- Expenses for repairs and maintenance of housing. It is often impossible to obtain government assistance. In addition, the owner of the apartment, by law, takes responsibility for maintaining the property in good condition.
- Privatization of dilapidated or emergency housing is unprofitable. When moving such houses, you can only count on an apartment with an equal area.
Basically, that's all. But what happens if the apartment is not privatized? Who is recommended to implement such a process? What do experts say about this?
How to Avoid Eviction
In order to avoid eviction from non-privatized housing, it is necessary to follow certain rules. First of all, we are talking about legal requirements, which implies timely payment of utility bills, as well as decent behavior both in the apartment and with neighbors.
At the same time, it is important to remember that eviction can only be carried out by a court decision, which means that in the event of controversial situations with the administration, there is no need to evict from the apartment at their first request. If you move voluntarily, it will be impossible to prove that the eviction occurred on illegal grounds, even through court. The administration is obliged to provide some time to eliminate debts, and not evict the tenant immediately. If a resident has any questions when a dispute arises with the administration, then it is worth consulting with a lawyer experienced in such matters. Only a specialist can know the exact actions in a given situation, since depending on the region, different requirements may be imposed on residents.
Who should I apply for?
If you don’t privatize the apartment, what will happen? This has already been discussed. Who is recommended to pay attention to privatization? And how exactly is a refusal to participate in the process formalized?
In reality, everything is much simpler than it seems. It is recommended to register ownership of an apartment:
- citizens with heirs;
- people who want to receive property from the state and will be able to bear the costs of its maintenance;
- strong families where everyone trusts each other.
Now it’s clear who should privatize the apartment. Expert advice often emphasizes that it is recommended to refrain from such a step:
- elderly people who want to provide themselves with a reliable rear in old age;
- persons who are not afraid of ruining family relationships;
- poor people who will not be able to pay taxes for their apartment and will not be able to cope with the maintenance of their housing;
- citizens who do not want to pass on inheritance disputes to relatives (children, grandchildren).
In fact, the decision on privatization, as already mentioned, is made by each person separately. No one can force you to take this step.
What rights and responsibilities does the tenant have?
Do those living in a non-privatized apartment have much less rights than if they were the owners? The tenant has, according to the law, the following list of rights:
- move in your family members;
- rent out part of the housing to another person or persons for a temporary or unlimited period;
- replacing or exchanging residential premises for another, more suitable one;
- demand the provision of utility services and participation in major repairs.
Existing rights are closely related to responsibilities. The law obliges the tenant:
- use housing only for living (for example, organizing industrial production is prohibited);
- ensure the safety of the premises (carry out routine 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 premises about changes in circumstances affecting the prospects for further residence; for example, that the financial situation has changed, and the owner of the premises is no longer low-income.
Agreements signed with residents have more specific provisions, but we must remember that they are not exhaustive and the current legislation is also added here.
Features of participation in the case
The facts confirming the termination of the right of residence are proven by the plaintiff. Only the administration, or government authority, or organization that provided housing can act in this capacity. The management company with which the contract for maintenance of the house is concluded does not have such a right. Residents whose rights are violated also have the right to file a claim.
What rights do tenants living in a non-privatized apartment have when one of them is evicted? They preserve them in full. For example, a family lives in an apartment, and they want to evict one of its members in court. The court is obliged to ensure their participation in the case as third parties, because the proceedings affect their rights and interests.
Court is a last resort
Naturally, filing a lawsuit and evicting the tenant from a municipal apartment is an extreme measure, which must be preceded by written notices handed to the tenant asking him to reconsider his behavior or start paying debts. The tenant must be given warnings, if ignored, the authorities will have to bring the dispute to trial in order to resolve the problem legally.
