It is impossible to force the apartment owner to do something against his will, in particular, to move a tenant into the living space. And it sounds like a violation of the law. But practice shows that such situations are not uncommon in the modern world.
Sometimes it is quite legal to not listen to the owner’s opinion and, by a court decision, to move a tenant into the apartment, as a result of which the owner has only one thing left to do - to come to terms with such a neighborhood.
Moving in a child under 18 years of age
In accordance with the general rules, the consent of the owner is required to move into a person’s residential premises. However, this is not always the case.
The Supreme Court has repeatedly explained that in the situation of moving in a child under 18 years of age, the norms of family law are taken into account. And they indicate that parents are obliged to raise their child, and this is impossible against the background of separation.
In addition, the place of residence of children until the age of fourteen is considered to be the place of residence of their parents. As a result, the court may force the owner to move the child into the apartment where his parents live, even if the owner of the property is against such a neighborhood.
Circumstances under which the owner will be deprived of his only home and real life examples
Relatively rare, but there have been situations when everything was the other way around - parents moved into the apartment where the child lives. In this case, the court also refers to family law, and an additional reason is the parent’s lack of suitable housing to live with the child. And also, if his financial situation is such that he does not allow him to rent an apartment for a long period of time.
Grounds for eviction of a person registered from an apartment according to the law
These issues related to the apartment are regulated by Art. 35 Housing Code of the Russian Federation. In addition, you can evict a person from an occupied living space if certain circumstances exist, which will have to be proven in court.
The right to use housing has been terminated by law
If the right to use the living space was lost on the basis of the provisions of the Housing Code of the Russian Federation, the Federal Law, an agreement or a court decision, the previously registered citizen is obliged to vacate the premises. If this does not happen, the owner(s) can seek eviction through court proceedings.
Improper or improper use
A citizen uses housing received by decision of a judicial authority or as part of a testamentary refusal for other purposes or in violation of the rights of neighbors.
This also includes mismanagement of residential premises, leading to its destruction. In such situations, before going to court, the owner may demand the elimination of violations or set a reasonable period for carrying out repair work. If the owner's demands are ignored, the citizen is forcibly evicted.
The premises or house are subject to demolition or major renovation
The residential premises or the building in which it is located are subject to demolition or major repairs.
If a property is recognized as non-residential or has lost its residential status, then living in it is not permissible. In this case, the status of non-residential or the requirement for major repairs must have documentary confirmation - a court decision, a municipal resolution, etc.
Non-payment of utility bills
A citizen has arrears in paying utility bills and is avoiding payment.
To be able to evict on this basis, it is necessary to have a court decision that has entered into legal force, confirming the existence of a debt.
Real estate is pledged or serves as an interim measure
The living space was pledged as collateral for a loan obligation, the payments on which were overdue.
In this case, a court decision in the debt collection case will be required that has entered into legal force.
If, even after receiving the appropriate court decision, a citizen refuses to evict, it is necessary to contact the Federal Bailiff Service (FSSP).
Move-in of a family member of the owner
When an apartment is owned by several people, then all issues of moving other people in should be resolved jointly. The fact is that moving in is considered as a type of use of residential premises, and it occurs only with the consent of all property owners.
Therefore, the position of the Supreme Court is that one of the owners cannot move a family member into the apartment if the second owner does not give his consent. But this rule does not apply to a minor child.
But there is another pitfall. One of the owners can even move in an adult child without the consent of the other, if he proves in court that the child (already an adult) lived there previously - before the opposing owner received his share.
Let's look at an example. The dispute was between two owners - M. and N. The first owner - M. wanted to move in his wife, and N. was against such a move in. The court ruled that the family of the first owner was created before the second owner received (received as a gift, bought, etc.) a share in the apartment.
Therefore, it is a priori considered that the second owner N. automatically gave consent to the residence of a family member of the other owner when he acquired a share of the apartment. The outcome of the case is that N. was obliged to move his wife M into the apartment.
Cases when an apartment owner can be forced to register and move in a tenant
What problems might arise?
It is impossible to vacate an apartment from unwanted tenants, even if they live there illegally, using force (read about how you can evict an unwanted neighbor from a communal apartment here). Intimidation, blackmail, and even more so physical harm are criminal offenses .
Such actions can turn the situation against the owner himself if the injured party files a complaint with law enforcement agencies. This will not allow them to avoid eviction, but the owner may receive a suspended or real sentence, with or without payment of material compensation.
Evicting people who occupy residential premises illegally is not easy . Despite the fact that private property is inviolable, the owner will have to go through several instances before he receives permission to forcibly remove him. It often takes several months to get the final result, but there is no need to rush things, it is better to follow the procedure and act within the law.
Property owner's partner
There was a precedent in judicial practice, and the court ordered the property owner to move his cohabitant into the apartment in the absence of an officially registered relationship. That is, the couple lived in a civil marriage.
The nuance was that the housing was bought with maternal capital funds. And the court’s position is that an apartment purchased with such funds is an improvement in the living conditions of all family members - mother, father, children, etc.
In addition, the cohabitant is a member of the family of other owners - children. As a result, a decision was made to move in a common-law spouse, regardless of the owner’s wishes.
The procedure for moving citizens into residential premises
Citizens whose rights have been violated have the right to file a claim in court for relocation. The court considers both the plaintiff’s arguments and the defendant’s objections, and, guided by legislative norms, makes a decision on moving in or refusing to move in. Forced entry is carried out by the bailiff service.
Before applying enforcement measures, debtors are asked to independently execute the court decision and move in a person who has the legal right to reside. Usually the period is 5-7 days. If during this time the obstacles to moving in are not removed, the moving in is carried out forcibly, possibly even without the presence of the debtor (in this case, the police and witnesses are involved).
On the right of lifelong residence
The legislation of the Russian Federation provides for a number of situations when a person has the right to live in an apartment for life, regardless of whether he is the owner or not.
Therefore, such a person has the right to demand that he move into the apartment if the second owner of the property does not want this.
Such situations include refusal to participate in privatization or inheritance under a will. Or such a right is granted under the relevant agreement.
Is lack of residence a reason for eviction?
According to Part 3 of Art. 83 of the Housing Code of the Russian Federation, an employer and his family who leave a communal apartment for a long period lose their right to residence from the date of departure. From this moment on, the social tenancy agreement with them is terminated.
What does it mean? If a neighbor in a communal apartment, being a tenant, does not live in his own room, then through the court the local authorities can recognize him as having lost the right to live. Consequently, we are not talking about eviction as such, but about termination of the social tenancy agreement.
Taking into account:
- Reasons for absence (voluntary or forced).
- Time of absence (for example, went to study, was hospitalized, etc.).
- Payment of utility bills.
- Acquiring the right to use other housing, etc.
When a neighbor is the owner of a communal living space, he cannot lose his property rights due to his absence.
Help: The owner (local authorities) and remaining family members can initiate the procedure for recognizing the loss of the right to use the premises.
Pre-trial eviction procedure
Before filing a lawsuit to evict citizens from housing in which they have no right to be, it is advisable to use the pre-trial procedure for resolving the problem. For this purpose, the district police officer or the prosecutor's office is involved.
This takes into account the following requirements:
- if the residents do not allow the owner to enter the apartment, then the police and the Ministry of Emergency Situations must be called to open the locks;
- the process is certainly carried out with the participation of witnesses;
- police officers draw up acts and protocols that serve as evidence of the property owner’s unlawful actions on the part of the residents.
Important! Physical force to expel citizens from real estate is permitted only if there is a court decision or a special sanction drawn up by the prosecutor.
Only bailiffs or police can free a property from illegal occupants, their property or pets, so the owners themselves do not have to carry out this process.
Under what conditions is an eviction illegal? See here.
If they themselves try to forcibly evict the tenants, then they may be subject to criminal liability.
Police eviction of citizens illegally living in an apartment, watch the video:
The nuances of eviction with the help of a prosecutor's sanction
The prosecutor's office has the right to issue a special sanction for eviction. To do this, the specific case is carefully considered.
Typically, a sanction is issued under the following conditions:
- there is a threat to the life or health of the tenants or property owners themselves;
- causing damage to property;
- harm is caused to citizens who cannot take care of their own protection.
Important! Prosecutors rarely take advantage of this option, since if they are proven to have exceeded their authority, this could be grounds for removal or prosecution, so they usually advise applicants to go to court.
Is arbitrariness allowed?
Often, the homeowner cannot achieve the desired result by regularly filing statements with the police or the prosecutor.
Even the court can make a negative decision if citizens who live in the apartment have minor children or other reasons for being in this property.
Under such conditions, people may arbitrarily try to evict illegal tenants. But such actions can cause significant negative consequences. Residents themselves can call the police or contact the prosecutor.
Important! A person can lose his right to live in any real estate only through the court, therefore the arbitrariness of the owners of the property is a serious violation of the law.
Arbitrariness is punishable under Art. 330 of the Criminal Code, so it is important to proceed with caution.
Article 330. Arbitrariness
1. Arbitrariness, that is, unauthorized, contrary to the procedure established by law or other normative legal act, the commission of any actions, the legality of which is disputed by an organization or a citizen, if such actions caused significant harm, -
shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by arrest for a term of up to six months.
2. The same act, committed with the use of violence or with the threat of its use, -
shall be punishable by forced labor for a term of up to five years, or arrest for a term of up to six months, or imprisonment for a term of up to five years.
It is advisable to submit applications and complaints to different authorities. If the court takes the side of the defendant, then this decision must be appealed.
It is advisable to use the help of a lawyer at all in court.
Service housing as a type of municipal
Service housing. What it is? To explain it in simple terms, service housing is part of the housing stock, which is distributed by the department or enterprise that manages this fund. Unlike municipal housing, service housing cannot be privatized. Previously, there were exceptions (during the period of mass transfer of official housing from departments to the ownership of the constituent entities of the federation while maintaining the status of official housing), but by 2021 these exceptions no longer remained - everything was privatized. Moving into service housing is the same as moving into municipal housing. In fact, there are no differences in the process.
