Eviction from an apartment for housing and communal services debts

The problem of non-payment of utility bills today is very relevant to our realities. Therefore, many are interested in the question of what the possible consequences are if a large debt is accumulated. In particular, is it possible to evict an apartment for debts?

According to the current requirements of the legislative framework of the Russian Federation, eviction of the owner is theoretically allowed only if he lives under the terms of a rental agreement and in the absence of any payment for the services of utility companies (even partial) for at least 6 months.

In practice, the decision to evict a tenant is made in exceptional cases, because at the legislative level the need to provide a person with other housing is also provided for. Usually its area is regulated by the rules for settling into a hostel and is less than 10 square meters. Problems also arise with this, because the reserves of housing space in the possession of municipal services are strictly limited.

Ways to collect debt without eviction

As of today, in accordance with Article 446 of the Code of Civil Procedure of the Russian Federation, it is impossible to evict a person who owns only one apartment. At the same time, in exceptional cases, government authorities may resort to such a decision. In particular, if the violator maliciously does not comply with the rules for paying for utility services and there are no compelling reasons for this.

Dear readers!

Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your specific problem, please contact the online consultant form on the right →

It's fast and free!

Or call us by phone (24/7):

If you want to find out how to solve your particular problem, call us by phone. It's fast and free!

+7 Moscow,

Moscow region

+7 Saint Petersburg,

Leningrad region

+7 Regions
(toll-free call for all regions of Russia)
If a large debt accumulates and is not paid for at least three months, utility services can:

Notify the tenant in writing of the need to pay, indicating the deadline for repaying the debt;
Turn off or limit the use of light, cold water or gas in a room for which no payment is made;
If the tenant does not agree to an amicable solution to the issue, file a lawsuit demanding forced collection of the amount of the debt.

Limitation period for utility debts

As a general rule, the statute of limitations allowed for collecting debt for housing and communal services is three years . Judicial practice shows that such claims are satisfied by the court, and bailiffs with their actions can darken the life of the debtor for an even longer period. Therefore, it is better to pay off debts immediately than to accumulate them.

Housing Code of the Russian Federation Article 83. Termination and termination of a social tenancy agreement for residential premises
Housing Code of the Russian Federation Article 90. Eviction of the tenant and his family members living with him from residential premises with the provision of another residential premises under a social tenancy agreement
Code of Civil Procedure of the Russian Federation Article 126. Procedure for issuing a court order
Housing Code of the Russian Federation Part 14, 14.1 Article 155. Payment for residential premises and utilities

Grounds for eviction

The owner may lose his home not only in case of late payment of utility services. This can also be implemented on the following grounds:

A clear violation of the rules of residence;
Carrying out redevelopment of premises on illegal grounds and without coordination with government agencies;
Amoral behavior;
Deterioration of the condition of the house to emergency conditions and a decision on the need for its demolition.

All these provisions are considered only when documented by employees of the housing cooperative.
You can be evicted from a communal apartment by court decision in the following cases:

Accommodation without making any payment for six months or more;
Violation by the tenant of the interests and rights of neighbors in the apartment;
Using the premises for purposes not provided for by law.

In this case, eviction does not occur without warning. The tenant must discuss with the owners the timing and methods of repaying the debt or eliminating any violations that have arisen. If there is no response to the tenant's comments, the tenant may be forced to evict the tenant in court.

When evicted due to a debt for utilities that has accumulated over a long period of time, the tenant is in any case provided with alternative living space. If he was evicted for one of the other reasons presented above, then other housing is not provided by the state.

How does the eviction process work?

Since eviction is possible only by court decision, the owner of the property files a claim in accordance with Article 131, and the tenant, in turn, can file objections.

The burden of proving all the circumstances rests with each party. That is, the owner must justify that the tenant has debts on rent for unjustified reasons. The tenant or owner provides evidence of the absence of grounds for recognizing him as having lost the right to housing:

payment documents;
prescriptions for medicines;
certificates of income and family composition.

The court evaluates the evidence provided through a full, objective examination, on the basis of which it makes a decision. After the period for appeal has expired, it enters into legal force and is therefore subject to voluntary or forced execution.

Next, the procedure for eviction for housing and communal services debt is carried out in the following order:

The municipality or owner receives a writ of execution.
The document is sent to the Federal Bailiff Service.
On its basis, enforcement proceedings are initiated.
The debtor is given time to vacate the home.
If the tenant does not leave the apartment, bailiffs, in the presence of witnesses, carry out a forced eviction and draw up a corresponding act and inventory of the property.

Valid reasons for non-payment of housing and communal services

If even a very large debt for an apartment has accumulated, the tenant cannot be evicted for a number of reasons recognized as valid. Among them:

The current difficult financial situation, which has developed due to objective reasons;
Loss of a job and the impossibility of new employment in the near future;
The defaulter has minor children whose breadwinner he is;
Serious illness or disability of the employer or his close relatives.

Where are they evicted for non-payment?

If the court makes a decision on eviction for debts on utility bills, the tenant receives new premises from the state. The legislation specifies the following requirements for such housing:

Isolated;
Availability of at least 6 square meters per person being evicted;
Compliance with current sanitary, hygienic and housing standards;
Location in the same locality where the employer previously lived.

Summarizing the above, we can understand whether someone can be evicted from an apartment for debts. Yes, they can, but only if the following requirements are met:

There is a court decision to evict the tenant;
The tenant received social housing from the state at the rate of 6 square meters per family member;

For what kind of debt is this possible?

According to the law, six months of debt is grounds for eviction from a municipal apartment. But there is a caveat - the debt arose without warning. For example, a tenant can officially send a letter to the utility service , warning about the temporary inability to pay for housing for a valid reason. These include:

Job loss;
Poor financial condition;
Availability of dependents, including minors;
Serious illness of a family member;
Incapacity for work of the payer, receipt of disability.

In these cases, the amount of debt is of secondary importance; the courts do not satisfy eviction claims.

For mortgaged apartments, these conditions are important, but to a lesser extent . The law protects unscrupulous borrowers to a lesser extent. For example, the specified Article 446 of the Code of Civil Procedure of the Russian Federation allows eviction from the only residence if it is collateral under a loan agreement.

Based on established practice, courts satisfy claims against unscrupulous borrowers for eviction from an apartment if the amount of debt is 70-80% of its market value. For example, if it is valued by an expert at 3 million rubles, the debt to the bank must be at least 2 million rubles.

Eviction from municipal and privatized apartments

The law excludes the possibility of eviction of the owner from an apartment that was privatized by him due to non-payment of debts. You can evict the owner only if there is a documented need for it from state or municipal authorities. A preliminary warning must follow, and the tenant receives full compensation from the state for the apartment.

If a homeowner accumulates a large debt, government authorities can only oblige him to pay a fine consisting of the amount of payment for utilities and penalties. But eviction cannot be one of the instruments of pressure on the tenant. As a last resort, the manager may order the debt to be repaid by selling the owner’s property at auction.

But they can even be evicted from a municipal apartment. The procedure is regulated by the Housing Code of the Russian Federation, and a person is evicted by a court decision. A lawsuit is usually filed if rent has not been paid for more than six months. But if during this period the tenant paid utility bills at least once, he cannot be deprived of the occupied living space.

The same applies to those living in an apartment under a rental agreement. If they fail to pay within six months, they are evicted, but also through the courts. It is worth taking into account the length of court proceedings, during which tenants have the right to continue to stay in the apartment.

Maximum permissible period of non-payment

All legal relations between residents, management companies (MC) and resource supply companies (RSO) are regulated by departmental regulations, in particular (hereinafter referred to as Resolution No. 354). It establishes that the billing period for paying for housing and communal services is a calendar month. All apartment residents are required to pay fees on time by the 10th of each month.

In connection with the increase in housing and communal services tariffs, consumers are interested in how long non-payment will be considered as a debt on the apartment. There are several possible answers:

Resolution No. 354 provides for the accrual of penalties starting from the 31st day of delay;
Art. 83 of the Housing Code of the Russian Federation establishes that failure by the tenant to pay fees within 6 months may become grounds for termination of the rental agreement in court.

But since service providers are often guided by internal rules, without taking into account federal legislation, if debt arises, it is possible to limit or turn off the supply of gas, water, and electricity. That is why residents should know their rights and critical deadlines for non-payment of utility bills.

Details are contained in the article “How long can you avoid paying rent?”

Eviction procedure for debts

Eviction is a lengthy process and requires compliance with many formalities. First of all, the owner of the apartment or the municipal structure draws up claims, taking into account the provisions of the Code of Civil Procedure of the Russian Federation. This statement must include:

The name of the authority where the claim is filed;
Full information about the plaintiff and defendant, including residential address;
The plaintiff's demands and documentary grounds for their satisfaction.

You can find a sample eviction application on our website. The following required documents must also be attached to the correctly completed claim:

A copy of the agreement for the purchase of an apartment or its rental, which confirms the plaintiff’s rights to the living space;
Receipt for timely payment of state duty;
Extracts from the house register indicating the composition of persons registered in the apartment;
A protocol of violation of the rules of residence drawn up and signed by authorized persons;
Certificate of debt.

Only if these requirements are met, the court will accept the case. The chances of successful eviction claims are not particularly high, and such decisions were made only if the defendant clearly did not have any mitigating circumstances for non-payment of utility services.

If housing was donated

An apartment or house received as a gift can be taken to pay off the donor’s debts. The court may invalidate the gift agreement if:

it was committed within a 3-year period before the debtor filed a bankruptcy petition (Article 61.2 of Law No. 127-FZ);
or it is proven that the donation was made only for appearances in order to hide the property from collection. A transaction can be canceled on this basis within 3 years from the date of its execution. And if the plaintiff learned about the donation later, then the donated housing can be taken away within a 10-year period from the date of donation (Article 181 of the Civil Code of the Russian Federation).

You can protect yourself from the seizure of donated housing if you prove that the donation was made in reality, and not with the aim of making it impossible to collect the debt from the donor.

For example, it is confirmed that the donor has ceased to own the property and now the donee is exercising his powers as an owner: he lives in the apartment, pays utility bills, taxes, etc. (see, for example, the decision of the Kyzyl District Court of the Republic of Tyva, case No. 2-1153/ 2015).

Unlock access to the private part of Clerk with a Premium subscription. Get hundreds of webinars and online courses, unlimited consultations and other proprietary content for accountants.

Hurry up to subscribe with a 20% discount until October 15, 2021. Read more about “Premium” here.

Resolution of cases of non-payment in judicial practice

In practice, if a case of non-payment of utility bills comes to court, the first thing the judge does is examine the reasons why the defendant could not pay on time. If you are afraid of being evicted, then the main thing is to pay your rent regularly, even in small amounts, and not allow the debt to accumulate for more than six months.

Much more often, the court makes a decision to extend the debt payment period for a certain period - usually from six months to a year. If the tenant has not found an opportunity to repay the debt at this time, then the question of eviction may be raised. But, again, if at the time of filing the initial claim the defendant had valid circumstances in the form of lack of work or difficult financial situation due to objective reasons, then government authorities will be authorized to eliminate them so that the person has the opportunity to pay off debts and keep housing.

When they cannot evict for debt on housing and communal services

There are a lot of legal issues that protect the tenant. Not all citizens accumulate debts due to negligence or unwillingness to pay. Circumstances often arise that explain the current situation. Even if the management company sues, a citizen can defend himself and prove that he was forced to accumulate debts.

Valid reasons for non-payment of housing and communal services

The defaulter may apply if he has valid reasons. In this case, any judge will side with the defendant.

Such circumstances include:

insolvency;
job loss;
the large family;
there are children under 18 years of age;
disability or illness.

Note: There are also other reasons, but they are not considered valid. For example, alcohol or drug addiction, problems within the family, or the defendant’s forgetfulness.

Consequences of going to court for persistent defaulters of housing and communal services

Mortgage and loan debts

Eviction is also possible if you are behind on your loan or mortgage payments. In accordance with the requirements of the Mortgage Law, the bank must notify the borrower in writing 30 days before foreclosure. Upon expiration of the term, the apartment is automatically put up for auction. The tenant still has a chance to return it, but subject to payment of all debts and bank expenses.

People can be evicted for mortgage debt only if this apartment is not the only one the tenant has. If she is alone, then the law prohibits eviction, and if the bank goes to court, the latter will oblige the tenant to pay the debt within a year. And only after the period has passed and the full amount of the debt has not been paid, the bank can take away the apartment.

The same applies to a regular bank loan - you cannot evict for it if the borrowed person’s apartment is the only place to live.

With a minor child

If we are talking about eviction of a family with a minor child, then it is worth first checking whether there are circumstances that could exempt the family from such a measure.

So, if the mother is on maternity leave or is recognized as unemployed and the child’s father lost his job due to circumstances beyond his control, does not receive wages for a long time or has an income below the subsistence level, then most likely by a court decision this family will be exempted from such a measure and will taken under control .

Does the amount of debt matter?

Many people think that the chances of eviction due to non-payment of utility bills directly depend on the amount of debt. Actually this is not true. The primary factor in this case is the period during which payment for utilities was not made. Therefore, if you were wondering about what kind of debt can cause eviction from an apartment, the only correct answer is for systematically accumulating and maliciously not being repaid.

Even if the amount of your debt has exceeded 100 thousand rubles, but over the past six months you have paid at least a couple thousand bills every month, the court will not have the right to evict you.

Also remember that you won’t end up on the street because of debts. Even in extreme cases, if the judge made a decision to evict you from a communal or municipal apartment, the state will definitely provide you and your family living with you with social housing at the rate of 6 square meters per person. No one will write off previously accumulated debts, but they can be repaid not in one payment, but in several, taking into account your monthly income.

How are eviction cases handled by the courts?

When considering cases “On recognition as having lost the right to living space and eviction,” the legality of the actions of service providers in making payments, as well as the validity of the reasons for late payment on the part of the tenants, is of primary importance. Most often, an employer or tenant loses the right to use an apartment in the following cases:

the debt arose for unjustified reasons;
non-payment is systematic;
despite constant warnings, the debt is growing;
the period of non-payment exceeds all reasonable limits.

It is almost impossible to evict an owner for failure to pay housing and communal services in court.

An example is the consideration of a claim by the housing committee for the loss of the right to use a 3-room municipal apartment of a family with a debt of almost 175,000 rubles. The court found that the residents have not paid for housing and communal services for almost 10 years, lead an asocial lifestyle and have no valid reasons for violating payment deadlines.

By a court decision, the defaulters were evicted from this apartment to a hostel with recovery of the full amount of the debt, because the loss of the right to use housing does not exempt them from paying the debt.

As judicial practice shows regarding evictions for non-payment of utilities, when satisfying claims, the court in the operative part indicates the specific residential premises into which the citizen is being evicted. There is no talk of an equivalent exchange; only the following is checked:

its suitability for habitation;
being in the same locality;
standard 6 m2 per person.

In some cases, rent arrears are caused by the tenant's prolonged absence from the apartment and the inability to contact him. If the homeowner or the municipality cannot find out the reasons for the absence and voluntarily discharge the debtor from the apartment, they will have to go to court.

conclusions

Summarizing the above, we come to the following conclusions:

Alienation of real estate, and, in particular, apartments for non-payment of utility bills, is strictly within the jurisdiction of the court. Without his decision, no one has the right to evict you.
If a tenant has documented, compelling and valid reasons for late payment of rent, he will not be evicted. In extreme cases, they will be required to pay the required amount plus a fine over the next year.
Even if the court decides to evict the tenant from the occupied living space, it will oblige the relevant government authorities to provide him with social housing - at least 6 square meters for each person living in the apartment.
What matters is not how much debt you have, but how long it has been accumulating without any deposit on your part. Regular payments, even small amounts, guarantee that you will retain your home, regardless of the accumulating amount of debt.

Case practice

The Capital District Court considered a case from a credit institution against a borrower who had not paid under a mortgage agreement for 10 months. The plaintiff demanded that the collateral be seized, the debtor be evicted from the apartment in order to sell it through an auction and pay off the debt with the proceeds.

The court took into account the following:

The mortgage had been regularly paid for the previous 7 years.
The debt arose as a result of the borrower's illness, the treatment of which is expensive.
A minor son is registered in the apartment, whose rights the plaintiff did not take into account; the petition to recognize his registration in the subject of the pledge was rejected.

In addition, it was established that the defendant, immediately after the start of treatment, contacted the bank with a request to suspend payments, but he was refused. The debt, together with the calculated penalties, amounts to 450 rubles. The market value of the apartment is 7 million rubles. The amount of debt, according to the court, is not commensurate with the cost of housing. On this basis, as well as taking into account other circumstances, the claim was denied.