A service tenancy agreement is a type of social tenancy of an apartment. An apartment for an employee can be obtained based on the decision of the owners of these apartments, after which the employee must obtain a special order for this housing. When it is received, a corresponding agreement is concluded with the employee for the duration of his service with this employer. In order for an apartment to receive official status, it must be registered with Rosreestr. In this article we will look at all the main reasons that serve as grounds for eviction from service residential premises.
Termination of employment relations entails the loss of the right to use office apartments by employees, as well as members of their family.
In accordance with the current legislation in the field of housing law, in cases where the rental agreement for an apartment is terminated, the persons who live in this housing are obliged to vacate it. In cases where these citizens refuse to vacate the housing they occupy, they are subject to eviction from the premises through a judicial procedure. To do this, the owner of the property must file a claim in court to recover his property from the possession of the former employee, the use of which, after his dismissal, is unlawful. If a court decision has been made, but the citizen avoids eviction voluntarily, then authorized officers of the bailiff service will carry out this procedure forcibly.
Thus, the contract for the rental of a service apartment is concluded for the period while the employment relationship lasts. If interpreted literally, then on the basis of a lease agreement for a service apartment, it is provided to the employee for a fee for temporary possession and use with the possibility of residence. The employee for whose temporary use the apartment is provided does not have the right to enter into commercial transactions with it.
A special procedure for eviction from residential premises was in effect in the USSR, which also stated that upon termination of employment relations with a citizen, he loses the right to use a service apartment. But at that time it was not required to comply with the written form of this agreement, while now this is a mandatory condition.
Grounds for eviction
Service housing is provided temporarily. The employment agreement is signed simultaneously with the work contract. Residents cannot dispose of other people's property as they wish. The following actions are prohibited:
- alienation of property in any form;
- changing the parameters of official housing;
- deterioration of technical or sanitary condition.
In the situations presented, we are talking about the possibility of loss or a significant decrease in the value of valuable property.
Other grounds for eviction from official housing:
- emergency condition of the building;
- planned demolition;
- violation of the interests (rights) of neighbors;
- sale of real estate to another owner.
For your information! Voluntary eviction by decision of the parties is accompanied by termination of existing agreements. The return of the property to the owner is formalized by an act of acceptance and transfer, recording the absence of mutual claims.
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Dismissal or layoff
An enterprise may terminate an employment contract if an employee does not fulfill his duties or violates corporate rules. Similar actions are permissible during the disbandment of a unit, during the reorganization of the staffing table. In these situations, the release of official housing is implied according to the standard procedure. The standard contract specifies the notification procedure and the departure date. Similar rules apply to civil servants, police, law enforcement officers and the military.
Breach of contract
As noted above, the standard rental agreement clearly states the intended purpose of the residential premises. It cannot be used to organize:
- production;
- workshop;
- warehouse
Such property is prohibited from being rented out or transferred to other persons for use under a rental agreement. In particular, they can be evicted from office premises due to the long-term absence of the tenant from the relevant address or his departure to another place of residence (alone or together with family members).
The basis for similar actions is large rent arrears. Forced eviction from official residential premises is permissible only by court decision. During the proceedings, illness and other valid reasons for failure to fulfill obligations are taken into account. The statement of claim is accepted for consideration if regular payments have not been made for six months or more.
In addition to the redevelopment of office housing, significant changes in technical parameters and re-equipment are prohibited. Thus, it is impossible to install gas heating boilers instead of standard electric convectors without the consent of the owner. Gross violation of agreements - deliberate damage to property by the responsible tenant or members of his family.
In order not to provoke a lawsuit for eviction, it is necessary to respect the interests (rights) of neighbors. The following actions are prohibited:
- blocking access to common areas;
- loud noise;
- hooliganism, other violations of public order.
For your information! The main reasons for forced eviction from official residential premises correspond to the rules for the use of real estate under social tenancy agreements. It should be understood that the court may take into account other arguments of the plaintiff convincing of the need to vacate the premises.
Who can't be evicted?
In this situation, the presence of minor children in the family is not a basis for maintaining residence rights. By decision of the court, only a temporary deferment may be provided for the search for suitable real estate. As a rule, it is provided for no more than a few months.
They cannot forcibly evict in accordance with Article 103 of the RF Housing Code:
- old age pensioners;
- citizens who received a disability (Gr. I and II) in the course of performing their work (official) duties;
- family members of the deceased main employer;
- minor children left without parental care.
For your information! Family members of the Ministry of Emergency Situations and law enforcement agencies, officials, military personnel who are missing or died in the performance of their duties have similar benefits.
Certain categories of tenants also cannot be evicted if they began to legally use the property before the 2005 edition of the Housing Code of the Russian Federation came into force:
- veterans, disabled people and partisans of the Second World War, members of their families;
- employees with more than ten years of experience;
- single parents with minor children.
If the tenant takes ownership of real estate, he loses preferential rights. It does not matter how the property was received: gift, inheritance, purchase under a mortgage program, etc. The fact of ownership is confirmed by information from the state registration database of the Unified State Register of Real Estate.
What is service housing
The concept of “official housing” in the legislation refers to a specialized type of living space, the right to move into which a person receives after employment in a specific organization.
The following may be provided as service housing:
- a private house;
- apartment in an apartment building;
- room in the dormitory building.
In any case, only real estate from the municipal or national housing stock is allocated for these purposes.
Who is it intended for?
You can count on getting an apartment:
- employees of a budgetary enterprise or institution;
- military personnel, law enforcement officers and other government employees;
- deputies.
Eviction procedure
Unless otherwise specified in the rental agreement for official housing, at least three months' advance notice is required. If there is no agreement, the owner has the right to go to court. However, independent violent actions are prohibited, including stopping access to the building. After the relevant decision is made, the procedure for forced eviction from the office premises is initiated with the help of the bailiff service.
Notice of eviction
This document can be delivered by a courier or a responsible employee of the owner. Notice of eviction from official residential premises is also acceptable:
- by telegram;
- by registered or valuable letter with a list of attachments;
- through a notary.
In the text it is necessary to note:
- description of the property;
- title document;
- reasons for termination of the tenancy agreement;
- eviction deadline;
- additional actions when transferring real estate;
- intention to file a claim in court on the basis of certain legislative norms.
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Deadline for actual eviction
A specific time interval is not provided for by law. Typically, the contract with the employer establishes 3-5 working days from the date of receipt of the relevant notification. By court decision, eviction can be extended from 1-3 months to several years.
Do they provide another apartment?
Upon eviction, the owner is not obliged to provide other property. Who cannot be evicted from official housing is discussed in the section listing preferential categories.
If the employee does not agree with the eviction
The employer proves his rights during the trial. Arbitrariness of the owner is prohibited by law. Such violations are prevented by contacting the prosecutor's office, higher departmental authorities, and other supervisory organizations.
Under what circumstances do you go to court?
The owner organizes forced eviction from a service apartment according to the following algorithm:
- provides the responsible tenant with an official notice;
- in the absence of consent, collects documentary evidence of his innocence;
- goes to court with a statement of claim, pays the state fee;
- after receiving a positive decision, contacts the bailiff service for enforcement proceedings;
- if necessary, uses a court decision to discharge residents.
List of documents and statement of claim
The claim must provide the circumstances of the termination of the employment relationship and other reasons for eviction. In addition to information about the plaintiff and defendant, they provide links to legislative standards and correctly formulate the requirements.
Typical list of accompanying documents:
- labor contract;
- rental agreement for office housing;
- transfer order (downsizing, dismissal);
- protocols and other evidence of administrative (criminal) violations;
- statements of debts;
- eviction notice.
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Which court hears such cases?
The statement of claim is submitted to the regional court, taking into account the territorial affiliation at the address of the property. Since there are no property requirements, an appraisal of service housing is not required. In a standard situation, they pay a small state fee (300 rubles according to the norms of the Tax Code of the Russian Federation, Article 339.19). A supporting receipt is added to the list of accompanying documents.
For your information! The normal procedure is modified if the tenant damages the property. In this situation, a preliminary expert assessment is necessary. The state duty is calculated as a percentage of the amount of the claim.
Execution of a court decision
The decision made by the court does not give the landlord the right to immediately evict the tenant with his own hand. In fact, from the moment the verdict comes into force, the resident loses the legal right to continue living in the premises, but it is illegal to expel him on his own, so the final part of the procedure should also be carried out according to the law.
The tenant’s refusal to voluntarily move out of the living space, even after receiving a court decision to evict, allows the organization to resort to the following steps:
- The resolution is submitted to the territorial registration authority to remove the citizen from registration.
- The decision is transferred to the bailiff service, which initiates enforcement proceedings to put the decision into effect.
The first part of the procedure is quick and painless, but the second takes time and can drag on even if the actions taken are legal. The bailiffs themselves once again notify the defendant of the need to move out of the official living space. Lack of response from the tenant prompts them to set a date for forced eviction. On the appointed day, a bailiff arrives at the specified address and involves representatives of law enforcement agencies in the process. Representatives of the owner can also participate in the eviction. The actions of the bailiffs consist of clearing the premises of the tenant’s and his personal belongings.
Judicial practice on eviction
The limitation period for claims with general grounds is three years. This standard is mistakenly called the limit for filing relevant applications. It is understood that the owner cannot subsequently organize a forced eviction through the courts.
This statement is valid only if the owner is forgetful and did not take any active action during the indicated period. The responsible owner may file a negative application. In this case, the mentioned limitation period does not apply. The claim is filed mentioning violations that impede the exercise of rights to dispose of real estate.
The law clearly defines the list of those who cannot be evicted from official housing. However, judicial practice confirms the existence of special decisions. Below are relevant examples.
Eviction of minors
In this situation, the tenant can confirm a difficult financial situation that prevents the rental of another property. When comparing alternative facilities, current standards for the minimum area per person are taken into account. The court may postpone eviction from official housing with a minor child without providing other real estate for a long time.
Eviction of pensioners
After the end of the employment relationship, regardless of age, the employee loses the right to live in a company apartment. However, the rule does not apply if he does not have other real estate. Eviction is only permissible to other housing under a social tenancy agreement.
Nuances of eviction by type of service
Types of service (Ministry of Emergency Situations, Ministry of Internal Affairs, military) generally do not affect the eviction procedure. Eviction of a military personnel (family members) is permissible in the following cases:
- dismissal;
- provision of other official housing;
- acquisition (receipt) of real estate.
Thus, when transferred to another garrison, you will have to rent out the “old” apartment, regardless of the results of a comparative analysis with the parameters of the new place of residence.
Precise use of the recommendations given will help minimize problems when using office premises. If the problem is not resolved during negotiations, they go to court. To prove that you are right, you need to carefully prepare documentary evidence based on the current norms of the legislation of the Russian Federation.
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Who is evicted from a service apartment and in what cases?
Speaking about the main topic of our article, we should refer to the provisions of the Housing Code of the Russian Federation in this regard, which, as the main reason for eviction, name the end of the employment relationship between the employee and the organization (department/enterprise). Those. While a citizen worked for the benefit of the institution, he could use a service apartment. But, after dismissal (downsizing, transfer), such a right is lost, and the apartment must be rented out.
The same applies to those cases when the rental agreement has expired. If housing was provided, for example, for 3 years, then if it is impossible to extend the contract, the tenant must vacate the premises. But usually such cases occur when the apartment is either owned by the enterprise, or it uses it as an economic entity. Although, cases when the state itself leaves public sector workers on the street are also not uncommon.
At the same time, it is necessary to outline the circle of persons who cannot be evicted from service apartments under any circumstances unless they are provided with alternative, adequate housing in return. Without the provision of an alternative apartment, the following cannot be evicted from a service apartment:
- disabled people from military conflicts and other disabled military personnel who have become disabled due to a wound, concussion or injury received while defending the state or while performing other tasks related to military service, or due to a disease associated with being in war;
— WWII participants who were in the ranks of the regular army;
- families of military personnel and partisans who fell or went missing during the defense of the USSR or while performing other tasks regarding military service;
- members of military families;
- disabled employees from the rank and file of the bodies of the Ministry of Internal Affairs of the USSR, the State Fire Service, who became disabled due to a wound, concussion or any injury received while performing their duty in the service;
- employees who have worked at an enterprise, institution, organization that has allocated a service apartment for them for at least ten years (except for those who live in departmental apartments registered with the Ministry of Defense of the Russian Federation (another federal executive body where military service is established by federal legislation ), and do not have the right to be provided with apartments for indefinite use in the procedure and on the conditions described in the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel”);
- citizens who have been released from their position, by virtue of which they were entitled to an apartment, but who have not ceased working cooperation with the enterprise, institution, or organization that provided this apartment;
- citizens dismissed due to the liquidation of an enterprise, institution, organization or due to a reduction in the number or staff of employees (except for citizens who live in departmental apartments registered with the Ministry of Defense of the Russian Federation (another federal executive body where military service is established by federal law) , and not entitled to, have the right to be provided with apartments for indefinite use in the procedure and on the conditions described in the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel”);
— old-age pensioners, personal pensioners;
- family members of the deceased person who were allocated a service apartment;
— disabled laborers of groups I and II, disabled people of groups I and II from among the army and citizens equivalent to them;
young children living with them .
As you can see, this list includes the most vulnerable categories of the population who will not be able to provide themselves with housing after eviction. services.
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