The eviction of citizens from their homes is quite common in our time. Regardless of whether they want to evict you, or maybe you want to evict illegally residing family members, there must be legal grounds for this.
Our lawyers will advise you on the grounds for eviction, provision of other housing after eviction, provision of temporary housing, eviction related to foreclosure on credit housing, major repairs, termination of a tenancy agreement, labor relations, etc.
Conditions for eviction
Eviction from the occupied premises is allowed only on the grounds established by law, and is carried out:
- voluntarily
- judicially
- administratively, with the sanction of the prosecutor, only persons who have arbitrarily occupied a dwelling or live in houses that threaten to collapse.
It is possible to evict a citizen from a dwelling both with the provision of another dwelling, and without the provision of one.
Eviction without provision of other accommodation
Eviction is carried out without the provision of other accommodation in case of:
- systematic destruction or damage to the dwelling
- improper use of the premises
- systematic violations of the rules of the hostel
The above circumstances may serve as grounds for eviction without the provision of another accommodation, if they make it impossible for others to live with them in the same apartment or in the same house, and preventive measures and public influence have been ineffective.
An alternative option to eviction may be the exchange of the occupied premises for another residential premises indicated by the party interested in the exchange.
Eviction is carried out without providing other accommodation also for:
- persons who arbitrarily occupied a dwelling
- workers and employees who terminated labor relations with an enterprise, institution, organization
- family members of the owner of a residential building (apartment) who systematically destroy or spoil the residential premises, use the residential premises for other purposes, if they make it impossible for others to live with them in the same apartment or in the same house, and the preventive measures and public influence turned out to be ineffective.
If you cannot agree with the tenants on a voluntary eviction, our lawyers will help legally oblige the person to evict (without providing another accommodation), if there are legal grounds for this.
To do this, it will be necessary to issue an appropriate power of attorney and notarize it.
Eviction is carried out with the provision of another comfortable living quarters if:
- the house where the dwelling is located is to be demolished
- house (residential building) threatens to collapse
- the house (residential premises) is subject to conversion into non-residential
- in cases of liquidation of a family-type orphanage
Can be evicted
Subject to the provision of other housing, the following may be evicted:
- workers and employees (together with persons living with them) who have terminated employment relations with enterprises, institutions, organizations of the most important sectors of the national economy that have provided housing, due to dismissal of their own free will without good reason, or for violation of labor discipline, or for Commission of crime
- citizens who received housing in the houses of collective farms, if they were excluded from the members of the collective farm or left the collective farm of their own free will
- citizens deprived of parental rights, if they live together with children in respect of whom they were deprived of parental rights
- parent-educators who are excluded from the further education of children
They want to illegally evict you
If they want to illegally evict you, or have already been illegally evicted, or have not been provided with other housing, although they should have provided one, our lawyers and lawyers will represent your interests in front of 3 persons and, in court, help you return to the apartment from which you were illegally evicted, or receive another living space.
Residential premises provided to citizens in connection with eviction must meet the following requirements:
- must be within the boundaries of the locality
- must be well-maintained in relation to the conditions of this settlement, meet the established sanitary and technical requirements
- it is not allowed to settle in one room by persons of different sexes, over nine years old, except for spouses
- it is also not allowed to populate an apartment built for one family with two or more families or two or more single persons
- to the elderly, and according to the conclusion of the medical institution, also to the relevant categories of the disabled and the sick, at their request, living quarters are provided on the lower floors or in houses with elevators
- citizens who occupied a separate apartment should be provided with a separate apartment
- when carrying out a major overhaul of a residential building of the state or public housing stock, when repairs cannot be made without evicting the tenant (during the overhaul)
Eviction, which is associated with foreclosure on a residential property acquired at the expense of a bank or other person's credit (loan).
Sometimes housing bought on credit cannot be paid for various reasons. Then the bank or other person that granted the loan may levy a claim on such residential premises, the return of which is secured by the mortgage of the respective residential premises.
Foreclosure on mortgaged residential premises is the basis for the eviction of all citizens who live in it, within one month from the date of receipt of a written request from the creditor or the new owner to voluntarily vacate the premises.
If citizens do not voluntarily vacate the dwelling within the period established or agreed upon by the parties, their forced eviction is carried out on the basis of a court decision.
At the same time, evicted citizens should remember that they have the right to provide them with residential premises from the housing funds for temporary residence, although the absence of residential premises from the housing funds for temporary residence or refusal to provide them cannot serve as a basis for terminating the eviction of a citizen from residential premises, subject to mortgage.
The procedure for eviction from a dwelling used under a tenancy agreement
The use of residential premises in the houses of the state and public housing stock is carried out in accordance with the contract for the rental of residential premises. At the same time, tenants and temporary residents do not acquire independent rights to the occupied premises, regardless of the length of stay. In the event of termination of the lease agreement for residential premises, the validity of the sublease agreement shall be terminated at the same time.
The subtenant and members of his family, as well as temporary tenants, are obliged to immediately vacate the occupied dwelling without providing another dwelling.
Eviction of the tenant may also be carried out for the period of overhaul of a residential building (apartment) owned by a citizen. When a major overhaul cannot be carried out without evicting the tenant, the owner of the house (apartment) has the right to demand his eviction without providing another dwelling for the duration of the repair. Upon completion of the repair, the owner of the house (apartment) is obliged to provide the tenant with the previously occupied or other equivalent residential premises in the house (apartment) belonging to him.
In the event of termination of the contract for renting a dwelling in a house (apartment) owned by a citizen on the right of private ownership, the tenant and persons living with him are obliged to vacate the dwelling without providing another dwelling.
The legislation also provides for the conditions for eviction from hostels, housing cooperatives, etc.
We will advise you on all issues related to eviction and represent your interests in court in case of illegal eviction, eviction without provision of other housing, when provided by law, or impossibility of eviction of persons who illegally reside in your apartment.
