How to evict tenants from a communal apartment: evicting a neighbor from the room YurExpert Online

Is it possible to evict a neighbor from a room in a communal apartment?

Evicting any person from any apartment, even if not registered there, can be difficult. Although the court usually satisfies such claims, this requires persistence, compelling reasons and time (we provided a list of the main reasons and grounds for evicting a person from an apartment in this material). Sometimes evictions can take several months.

The following can be specified as a legislative basis:

Art. 31 of the Housing Code, if the reason was the termination of family relationships.
Art. 35 of the residential complex, if the lease agreement has expired, or the neighbor violates the rules for using the premises or leads an antisocial lifestyle, thereby disturbing the residents of other rooms.

Only one of the owners can evict. Also, a claim can be filed by people registered in the apartment, provided that the owners do not speak out against it in court .

Important! Eviction cases are not uncommon in court, but they are reluctant to consider them. There are some contradictions in the legislation: for example, Art. 40 of the Constitution of the Russian Federation guarantees the “right to housing” to every person.

It follows from it that eviction of a person if he is not the owner and is not even registered in the apartment is already a violation of this right. Therefore, you need to be prepared for some difficulties and collect as much evidence as possible against your neighbor.

Grounds and conditions

The main condition for carrying out the eviction procedure is a court decision .
Without this, you cannot evict - it is a violation of the law.

for a case to go to court :

Constantly causing inconvenience to neighbors living nearby: noisy behavior, drunkenness, partying, drunken fights, etc.
Using communal apartments for purposes not intended for this type of housing: creating nurseries, warehouses, etc.
Negligent attitude towards the premises, meaning damage to furniture, floors, windows, etc.
There are no utility fees.
The apartment is full of insects, there is dirt everywhere, in other words, complete unsanitary conditions.
Ignoring safety precautions.
Failure to comply with the conditions specified in the contract.

Each violation is supported by some kind of supporting document; this cannot be avoided.

In the Civil Code we can highlight articles 619, 687, 620, 610 and 293. Turning to the Housing Code , articles , , , , , , , , .

Reasons for discharge

To file a lawsuit, the reasons must be valid, and from a legal point of view . Because the tenants simply don’t get along, even if it almost comes to a fight, eviction will not happen. More compelling reasons are needed.

The following reasons may be valid for the court:

Behavior that may be considered antisocial. This includes violations of order. They must be documented through the district police officer.
Any actions aimed at destroying the premises. They can be either intentional or accidental. The court considers any such situations most readily.
Use of the premises for commercial purposes. This also includes any situations where housing is used for other purposes: as a warehouse, for example.
Violation of sanitary standards can also be grounds for eviction. But first the person will be warned and given time to correct the situation. If nothing changes after the appointed period, you can count on a positive response from the court.

Violation of sanitary standards also refers to non-compliance with the rules for using residential premises. If the neighbors do not consider it necessary to clean their room, have raised bedbugs and cockroaches, keep a large number of animals, which has caused a terrible smell in the apartment, the court may well make a positive decision on the claim.

Important! It does not matter whether the person is registered in the apartment or not. Even an “outsider,” that is, one who has no formal connection with the housing, is not always easy to evict. The reasons must be indicated and supported by as much evidence as possible.

Eviction of neighbors who interfere with life

To figure out how to evict neighbors who are disturbing your life, it is important to understand what actions are unlawful and violate the rights of other residents of the house. Any behavior of citizens that poses a threat to the life and health of others may become a reason for changing their place of registration.

Evicting neighbors for noise

The time when it is allowed to make noise is individual for each region of Russia. According to the noise law of 2021, silence is required in the capital from 23:00 to 8:00, and in St. Petersburg - from 22:00 to 8:00. On weekends and holidays this period is extended to 10:00 and 12:00 respectively.

In Izhevsk, the law on silence stipulates that neighbors are prohibited from making noise from 22:00 to 8:00 from Monday to Friday inclusive and from 23:00 to 9:00 on Saturday and Sunday.

In addition, according to the Law on Silence in Udmurtia, from one to three in the afternoon every day, it is not recommended to make noise in residential and non-residential premises of apartment buildings by using sound-reproducing devices and sound amplification devices, carrying out reconstruction, redevelopment, and repair work.

In accordance with Art. 5 of the Law of the Udmurt Republic dated October 13, 2011 No. 57-RZ “On establishing administrative liability for certain types of offenses” (as amended on November 20, 2019 No. 64-RZ), the guilty person is subject to administrative liability in the form of a fine:

for citizens in the amount of 1000 to 2500 rubles;
for officials - from 10,000 to 15,000 rubles;
for legal entities - from 25,000 to 50,000 rubles.

Regarding noisy behavior:

Party with disco.
Dogs bark constantly.
Rearrangement of furniture.
Sports training involving noisy equipment (treadmill, dumbbells, etc.).
Sharpening your musical skills.
Singing in a group of several people during religious ceremonies.
Use of noisy household appliances.
Carrying out repairs using electrical tools.
Quarrels, shouting, fights.
Loud music, active conversations, sounds of technology (TV, speakers, etc.).

In case of emergency, it is legal to make noise at night. Exceptions include eliminating the consequences of natural disasters, extinguishing fires, and repairing wiring after a short circuit.

How to evict alcoholic neighbors

Drinking citizens and people who abuse narcotic and psychotropic substances not only make noise, but also endanger residents. In a stupefied state, drunks and drug addicts can start a fire, flood their neighbors, or steal someone's property when there is no money for a dose and alcohol.

To evict an alcoholic or drug addict, you will need to prove that the citizen regularly makes noise. To do this, it is recommended to constantly call the local police officer when drug addicts and alcoholics violate order. It is allowed to collect testimony from the remaining residents of the house. You can also agree to testify in court. Additionally, you should shoot video and make audio recordings confirming the inappropriate behavior of citizens.

How to kick a neighbor out of an apartment for constant fights

Constant fights are a direct violation of public order. When conflict situations arise, the police should be called. Law enforcement officials record antisocial behavior and take measures to eliminate it.

For unsanitary conditions

Unsanitary conditions include throwing garbage on the landing, a mess in the apartment, keeping a large number of pets, and using premises for storage of paints and varnishes. This behavior harms the health of other residents and provokes the appearance of cockroaches and rodents.

To record violations, you must contact the sanitary and epidemiological station and the police. Based on the complaint, an inspection is carried out (a month is allotted for it), after which the applicant receives a written response about the solution to the problem.

Inappropriate use of living space

If the activities of a person who works from home harm other residents, then according to the law he can be forcibly evicted. First, they contact the management company to confirm the violation. Next, the sanitary and epidemiological service is called, which determines the presence of threats to human life and health. Then witness statements are collected, after which a lawsuit is filed.

Where is alternative accommodation provided?

According to the same Article 40 of the Constitution of the Russian Federation, it is impossible to leave a person completely without a roof over his head . This is one of the reasons why evictions can take longer.

There is no clear answer to the question of where the neighbor will go if the court decides positively, because each case is individual. For example:

In some situations, you can even evict the owner. It is obvious that the share still belongs to him. Therefore, in such cases, he is obliged to sell or exchange his part of the residential premises. He may also be compensated for the cost. Such cases are the most difficult.
If the financial situation of the evicted person allows him to rent another premises, he will be forced to rent an apartment or simply move somewhere else. Then this will not be considered as deprivation of the right to housing.
If a person cannot afford to buy or rent another place to live, this case is the most problematic. Sometimes such cases drag on for six months or longer.

We discussed situations in which a person can be evicted without providing other housing, we discussed in a separate article, but is it even possible to evict an apartment if this is the only place a person has, read here.

If it is not possible to settle elsewhere, a person is provided with housing under a social tenancy agreement . But this will take time. For example, a tenant must not pay under the contract for a full 6 months in order to be legally evicted. Those who moved in without signing any papers are easier to expel.

Important! If a person is a former family member and he does not have the financial ability to move to another place, then the court may side with the defendant.

For example, a husband may be required to rent housing to his ex-wife at his own expense if she is unable to pay for it herself. Although this is not a mandatory outcome, it is acceptable. Such cases are very controversial.

It is better to initially discharge the registered people through the court, and only then evict them. This procedure can simplify the process.

Good reasons and compliance with the established procedure are required not only to evict people from a communal apartment. You will learn how eviction occurs in various situations from the following articles by our experts:

How can you evict your ex-husband if he is registered in the apartment?
How to properly evict a registered person from an apartment if he is not the owner?

When neighbors have the right to make noise

There are situations when neighbors can legitimately make noise - this is the time of repair. With the condition that the work takes place during the day and begins no earlier than 9:00, and ends no later than 19:00. Moreover, you must definitely take a break from 13:00 to 15:00 - this is the time for afternoon rest.

Such a framework has been established for Moscow, but regions may have their own rules. For example, somewhere work is allowed to start an hour earlier or finish three hours later.

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Who cannot be deprived of housing?

There are categories of citizens who cannot be evicted. These include:

minors;
orphans and those left without parental care;
former family members who do not have a permanent place of residence - here the court can give time for eviction, and the period is set from 3 to 12 months;
people who are dependent on any of the owners.

Of course, there are loopholes in the law, but they are often unattainable. For example, a child can be evicted if he provides evidence that he has already been registered and will live in better conditions than the current ones (you can find out in what other cases it is possible to evict minors here). In a situation with forced eviction, this is almost impossible.

In most of the situations described above, all that can be done is to provide neighbors with new housing, possibly rented ones, at their own expense.

Only upon the termination of a family relationship, if a person is fully capable, can he be forced to move out on his own or into a socially rented apartment.

Misuse

Of course, repair work is voluntary. However, if the owner of the apartment does not monitor the condition of the apartment, which harms other residents of the house, then this is grounds for his eviction. Let's say the pipes in the apartment are in terrible condition and constantly leak, which leads to flooding of the neighbors below. This is unacceptable because it harms other residents. Let's imagine another situation where a person carried out an uncoordinated redevelopment. This is not only illegal, but also dangerous, because the house can simply collapse and harm other people.

Progress of the procedure

The first thing that should be is a persistent decision of one or several people living in a communal apartment.

It is necessary to correctly identify the reasons so that they are valid from a legal point of view . Any violations must be recorded: this will require testimony from neighbors and/or a visit from a local police officer. It is important that he documents the violations.

The second stage is directly going to court. The application is submitted at the location of the residential property . Necessarily:

All persons who insist on eviction are indicated.
The grounds are included (articles of the Housing Code).
The reasons are described in detail.
Evidence is attached, for example, documents from the district police officer. Or persons who can confirm the unacceptable actions of the evicted citizen are indicated. Their contact details are attached.

If the court's decision is positive, the tenant will be forced to move out within a certain period. After this, he must leave the premises himself. If after this time he has not moved out, the bailiffs take over the case and force him out of the apartment. The presence of witnesses is required .

Arbitrage practice

The variety of life situations obliges the courts to study the conflict from different points of view. But practices agree on one thing: it’s easier to evict tenants under a lease agreement, more difficult to evict owners.

Example:

Simonov owned a room in a communal apartment. Neighbors began to notice that the housing was managed by a third party, probably a relative of Simonov, and without a lease agreement. The new tenant began to create unsanitary conditions, drag all kinds of rubbish from the street and not clean up after himself in common areas. The neighbors' comments passed by, the relative felt like the owner, snapped, swore and threatened with physical violence. It got to the point that the tenant could not control his emotions in fits of anger, and the neighbors began to fear for their lives - small children lived in the apartment. Complaints to the owner led nowhere. I had to call the local police officer and draw up an act of illegal residence. Simonov had to evict an aggressive relative.

Example:

The owner of the room in Onufriev's communal apartment filed a complaint with the municipality. As follows from the woman’s statement, she was tired of Popov’s alcoholic feasts, as well as his rent arrears in the amount of 14 thousand rubles. The municipal body accepted the complaint, after which it conducted an investigation into the fact of the appeal: Onufrieva actually lived in a communal apartment, had title documents (a privatization agreement and an extract from the Unified State Register of Real Estate), Popov lived next door - on the basis of a social tenancy agreement. The noisy neighbor did not work anywhere, had problems with the law and did not pay utilities for 5 months. A representative of the municipal association drew up a violation report, warned the tenant and ordered him to repay the debt within the next month. There was no reaction, the amount of debt only grew - I had to go to court for the forced resettlement of Popov. The eviction claim was supported by Onufrieva’s testimony, an extract from her personal account indicating a 6-month debt, and a copy of the notice to the tenant. The eviction request was granted - Popov was ordered to move out of the room and find new housing.

Nuances

Only those people who do not have the right to lifelong use of the living space can be evicted from a privatized apartment. Exceptions are extremely rare. These are mainly those people who at one time refused privatization in favor of the rest of the family.

They and the owners can be deprived of the right of residence only in cases of serious and persistent violations.

It is easier to evict from a non-privatized apartment, and almost always in such a situation housing is provided under a social tenancy agreement (read about the grounds for eviction in this case here). The problem remains that the process can drag on for months.

It is more difficult to evict family members, both former and current, and may require financial participation. If there are no family ties and these are just neighbors, then concerns about the new place of residence cannot be entrusted to the plaintiff.

You can evict without providing another living space only in a few cases:

If a person has a place to stay.
If he has sufficient funds, earnings and/or property to purchase his own home or rent it.
If he had previously been given a period of several months to leave the premises.

It is difficult to evict tenants if they know the nuances of the legislation. According to Art. 90 LCD they may be given as many as 6 months to vacate the premises.

Even the owner-landlord sometimes can’t do anything. But if they violate the rules of residence, then there will be a greater chance of getting rid of them in a short time.

Having set the goal of getting rid of neighbors in a communal apartment, you need to realize that it is not so simple. Maximum evidence is required that the reasons for the claim were valid. It is also important to be patient, since such cases sometimes drag on, and in the meantime, relationships within the apartment become tense.

Lawyer recommends

The legal right of neighbors in a communal apartment is to protect their rights from violations by tenants. Most likely, the dispute will be resolved in court, so it is important to have an idea of the procedure.

Useful advice from our lawyer:

Don’t be shy about expressing your complaints to the tenants - it’s easier to resolve the situation through conversation than to escalate the situation and pass the “point of no return.”
File a complaint with the owner.
Try to enlist the support of other neighbors - a class action lawsuit has an advantage over a single one.
Demand that the district police officer and police officers record the fact of the offense - the evidence will form the basis of the claims.
Warn officials that if they fail to act, you will file a complaint with the prosecutor's office.
When faced with the dominance of migrants in a communal apartment, it is most effective to file a complaint with the Department of Internal Affairs - thereby, you will launch a migration check, which will allow you to establish the fact of residence of illegal immigrants.
Remember about the notice of eviction from a communal apartment - you need to hand over the document in the presence of 2 witnesses (neighbors).
There is no arbitrariness - such issues are resolved through the courts, and not through force and changing locks.

A timely response to the situation will allow you to avoid problems with unwanted tenants.