How to evict tenants from a communal apartment without breaking laws

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How to evict tenants from a communal apartment? After all, the process of moving in tenants is not very difficult.

Much more controversial issues arise when they begin to violate the established rules of life, or behave inappropriately, and the agreed rental period for residential meters has not yet ended.

In this case, they are forced to evict.

How to evict tenants from a communal apartment

A communal apartment is a non-privatized residential premises owned by several persons

The concept of a communal apartment means a dwelling that is not privatized and belongs to the municipality, or a separate isolated premises owned by several persons.

In the first case, such housing is not the property of a specific person, but he has the right to live in it, use it, and dispose of it at his own discretion.

In fact, this is an apartment that is not privatized. In the second case, privatized residential premises belong to several owners. They own a certain amount of living space in it (in meters).

For example, a three-room apartment belongs to three owners, and each has the right to dispose of their living space at their own discretion. But in such rooms, the bathroom, kitchen, toilet, corridor have the status of a common space, so they can only be used together.

Naturally, the residential square meters of such apartments can be rented out, according to the law, to tenants, and the owners or tenants can make a profit from it.

After a tenant moves in, in some cases moments arise when their further accommodation is not possible. The question arises of how to evict tenants from a communal apartment before the agreed time. The first is a violation of the terms of the rental agreement.

The reasons for eviction can be different, in particular - maintenance of the premises in improper condition or causing material damage

The reasons for this may be failure to fulfill obligations to properly maintain the living space (unsanitary conditions, damage to property). This also includes late payment for housing or utilities, living with strangers as tenants, or renting out a rented apartment to other people.

Where will they be expelled?

Some are mistaken in thinking that they will not be evicted to the “street”.
This practice happens often, there are only three options for further developments:

• if the tenants have other housing, they are evicted into it;
• if there is none, then to another place suitable for living;

This course of events is possible provided that they are evicted from the state communal apartment.

• just go outside.

How to evict tenants from a communal apartment if they live without a tenancy agreement

Very often, contracts for renting rooms in communal apartments are not registered. including for mercantile reasons

In most cases, many owners of communal apartments, or premises in them, try to move tenants there without concluding an agreement.

In this way, they are trying to solve three significant problems:

• First of all, avoid the mandatory registration of such an agreement. Thus, all property lease agreements for a period of more than one year are subject to mandatory registration with special authorities. Thus, the housing automatically falls under encumbrance (that is, it will not be possible to sell it without evicting the tenants);
• you don’t have to pay taxes, since none of the regulatory authorities will know about such a transaction;
• Tenants should not be registered in their living space, and thus, in case of unforeseen circumstances, there will be no need to go to court with a claim for forced eviction.

But if the settled people violate the rules of residence and do not want to voluntarily leave the premises, the question arises of how to evict the tenants from the communal apartment.

In this case, there is legal practice, guided by which, you can not only evict tenants, but also do it legally.

Who cannot be forced to leave their home under any circumstances?

Certain categories of citizens are especially protected by legal acts and in this case cannot be evicted under any pretext. Such persons include:

• Minors.
• Children without parental care, orphans.
• A former family member with nowhere to go. In this case, the court grants a deferment of eviction for a period of 3 to 12 months, or obliges the plaintiff to provide the other party with housing.
• Dependents of any occupant of the room.

Evicting an unwanted neighbor is far from a simple procedure, requiring legal literacy and a willingness to speak in court. However, getting rid of the unfortunate tenant is always possible. You just need to remember the strong evidence base.

The tenancy agreement – ​​is it a guarantee circumstance or a stumbling block?

One of the most difficult questions that owners of a communal apartment face is what to do if a rental agreement has been concluded.

From a legal point of view, a rental agreement is a guarantee of compliance with the joint rights and obligations of not only the tenants, but also the owner of the property.

A rental agreement means an agreement that is signed by the owner of the property on the one hand, and by the tenant (tenant) on the other.

It specifies the period for which the housing is rented, the subject of the contract is the apartment, or part of it, and the price is rental payments. They include utilities and the owner’s remuneration for the provided housing.

On the one hand, everything is simple, but if the contract is concluded for more than one year, it must be registered and taxes must be paid. With such an agreement, it will not be possible to simply evict the tenant.

Causes

There are all sorts of reasons, but the judge can only take into account the most compelling ones:

• ugly behavior that complicates the life of neighbors, making it unbearable;
• littering of premises common to all residents;
• improper maintenance of common areas;
• more than 6 months no fee is paid;
• using your living space for purposes other than its intended purpose;
• redevelopment that violates the rights of others, etc.

Each of the reasons requires investigation by the authorities competent in this matter and their rendering of a verdict - whether there really is a malicious violation of the rights of the remaining residents.

There are other reasons that do not always depend on the citizens themselves :

• the building where the apartment is located is considered unsafe or subject to demolition;
• the premises are transferred to non-residential stock;
• a major overhaul with complete redevelopment is coming;
• the premises are transferred to another department - for example, a religious organization.

Only a court decision can force people to leave a communal apartment against their will.

If your neighbors' tenants violate public order, what should you do?

There are situations when the owners of communal housing, in pursuit of profit, accommodate tenants and do not want to evict them at all, and the latter cause a lot of problems for their neighbors.

Then the question arises of how to evict neighbors from a communal apartment.

There are two legal ways to do this. The first is that it is necessary to call the owner of the premises and have a conversation with him. If measures are not taken, then the second option comes.

First of all, it is necessary, for every violation of the rules of residence, to call the police and record this with a written statement. In the application, indicate that people live illegally, violate public order, or lead an immoral lifestyle. This is done until the tenants are evicted.

In the process of communicating with the police, you can also call an ambulance and inform the doctors that your blood pressure has increased, your health has worsened, and this was caused by a violation of public order by the tenants.

When the latter are evicted, the owner of the premises can be sued and recovered from him for moral damages. And calling an ambulance and recording deterioration in well-being will be convincing evidence in court and will serve as the basis for the recovery of moral damages.

The process of eviction of tenants from a communal apartment is not complicated, the main thing is to approach it from the point of view of the law. It does not matter whether a rental agreement has been concluded with them or not.

Learn more about the legal relations between apartment owners and tenants in the video:

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Discussion: 9 comments

1. Evgeniya says:
   11/24/2016 at 01:49

   Yes, of course, evicting tenants both from a communal apartment and from an ordinary apartment is a troublesome matter. It is better to immediately, upon moving in, take a closer look at the future tenants, what they are like, so that there are no such problems later.

   Answer

2. Victor says:

   12/11/2016 at 00:26

   It’s a pity I didn’t read this information earlier, we’ve been trying to deal with our tenants for two years, they’re always drinking, drunks are constantly coming in, and they even broke a window in the kitchen.

   Answer

   Sergey says:

   02/13/2019 at 12:05

   Victor, excuse me, but who is stopping you now from calling the local police officer who will evict your tenants? Why torture yourself and those around you for two years, enduring such behavior from people who have “bird” rights in your apartment?

   Answer

Eviction of neighbors for debts

Currently, issues of eviction of citizens for non-payment of debts for housing and communal services are resolved with the help of housing legislation. In Art. 90 of the Housing Code of the Russian Federation states that the tenant of an apartment, along with all household members, can be evicted for non-payment of housing and communal services debts, but only if another housing is transferred to him on social rent terms. The dimensions of the new housing must fully comply with the standards according to which move-in to the hostel is carried out.

Following the current rules of housing legislation, we have to admit that a citizen can lose his communal apartment due to debts solely for the following reasons:

1. over the past 6 months, the employer has never paid any debts for utilities;
2. the tenant does not have any compelling reasons for not repaying the resulting debts.

It is especially worth noting that a court order for eviction due to the fact that the tenant does not have a good reason for not paying debts can later be canceled if the defendant provides evidence that there was a good reason. It is possible to evict a tenant from a communal apartment only after receiving a court decision, and only when he occupies the room under a social tenancy agreement, since it is impossible to evict the owner of a privatized room in this way.

Regulatory framework

Almost any action is regulated by legal norms. The topic under consideration is no exception. This issue is regulated by three codes: Civil, Housing, and on Administrative Violations.

Illegal redevelopment and reconstruction work, improper use of residential premises is prohibited in accordance with paragraph 4 of Art. 687 Civil Code of the Russian Federation.

Another reason is that the use of the apartment for other purposes is prohibited in accordance with Art. 288 Civil Code of the Russian Federation and Art. 17 Housing Code of the Russian Federation.

With regard to illegal activities that violate the order of the hostel, the Code of Administrative Offenses of the Russian Federation is already in force, which establishes sanctions for violation of articles of the Civil Code and the Housing Code of the Russian Federation.

So Art. 6.4. Code of Administrative Offenses - violation of sanitary and epidemiological living conditions, and Art. 7.21. Code of Administrative Offenses - violation of the rules for using residential premises.

There are separate articles regulating the procedure for eviction - Art. 293 of the Civil Code of the Russian Federation, when a person is the owner, and Art. 91 Housing Code of the Russian Federation - lives in social housing.