Eviction From The Apartment - Reasons

2023 Author: Douglas Hoggarth | [email protected]. Last modified: 2023-08-25 05:40

• So, the first reason for leaving the apartment is divorce.
• The second reason for eviction is a change of ownership
• The third reason for eviction is the requirement of the tenant
• The fourth reason for eviction is utility bills
• Fifth reason for eviction - non-payment of the mortgage loan
• The sixth reason for eviction is "bad behavior"

Lisa J Andrews. Homeless in Paris. 2010

The Housing Code of the Russian Federation prescribes several options for the development of events, as a result of which it is possible to evict from the apartment one of the family members living in this area or even the whole family as a whole.

What must be done to find yourself homeless? Sometimes a citizen is not required to take any action at all - an unfortunate combination of circumstances leads to the fact that the place of residence has to be changed urgently, under the influence of external circumstances. And yet, more often than not, it is these or those actions of the tenant, his own frivolity or ignorance of the laws, that lead to the fact that eviction from the apartment becomes a sad reality.

So, the first reason for leaving the apartment is divorce

Of course, everyone who went through a divorce had a lot of unpleasant moments. And it's good if the unfaithful spouse or the spouse who has ceased to be beloved just proudly packed up, slammed the door and left the former common living space forever. But such a rather peaceful option is rare and often the second half that has become disgraced has to be evicted through the courts.

Titov Evgeny. Divorce

The easiest way to evict an ex-husband or wife is if the apartment was privatized before marriage, inherited or a gift agreement. In this case, the court will definitely side with the rightful owner and make a decision to evict the former family members.

By the way, if the parents or other relatives of the former half were registered in the apartment before the divorce, they also become former family members and are subject to eviction following the disgusted spouse.

However, there are several nuances that can prevent such a rosy picture of a fairly simple eviction. In the event that the ex-wife or husband does not have any other housing, and the financial situation at the moment does not allow renting an apartment, the court may decide on permission to live in this apartment for some more time, most often for 1 year.

In making such a decision, the court takes into account many factors, including:

• how many years the spouses lived together before the divorce in general and specifically on this living space;
• the financial situation of both husband and wife;
• the state of health and age of the expelled former family member, and other issues.

In fact, each individual case requires an individual approach; in judicial practice, there have been cases when the ex-wife was allowed to live in her husband's apartment for another 3 years.

Also, the court may oblige the homeowner to help the former second half, who received the right to temporary residence, to acquire a new place of residence. True, most often such a decision is made only in favor of those family members in respect of whom there are alimony obligations. The court must take into account the financial capabilities of the owner of the apartment, if his financial situation does not allow even to pay the alimony required by law on time, then the judge will not oblige him to buy or rent an apartment for his ex-wife.

But it is much more difficult to evict the former second half of the non-privatized apartment. In this case, both spouses have an equal right to use the living space, of course, if both are equally responsible for paying utility bills, in fact, they live in this apartment and maintain housing in proper order.

Thus, it is possible to evict a former husband or wife from a non-privatized apartment only if it is possible to prove that the person does not take any part in paying for utilities, has moved to another place of residence, or has acquired a new home. In this case, you can go to court, which will consider all the nuances of the case, in particular, find out whether the move of the former spouse or wife was voluntary and whether the rest of the household does not prevent him from using shared housing. The court can recognize a person as having lost the right to use the apartment only if there is strong evidence that the former family member does not take any part in maintaining the living space in order, does not pay utility bills and has long been living in another living space with a new one. family.

The most important nuance is that children do not become "former" even in the event of a divorce of their parents, so the owner will not be able to evict them.

The second reason for eviction is a change of ownership

Almost no potential buyer wants to buy an apartment with residents registered in it. Of course, there are a lot of problems with such unwanted tenants who do not want to leave an apartment that has changed its legal owner. However, the possibility of evicting such "inherited" residents together with the purchased apartment is still provided for in part 2 of article 292 of the Civil Code of the Russian Federation.

According to this article, the transfer of ownership to the new owner becomes the reason for the termination of the rights to use the living space by the family members of the previous owner. So after the registration of the transaction for the purchase or sale of an apartment in the Unified State Register of Transactions with Real Estate Objects and Rights to them, there is an opportunity to go to court with the requirement to evict the residents remaining from the previous owner.

The third reason for eviction is the requirement of the tenant

It is clear that living in a rented apartment cannot compare with the much more stable position of homeowners. And every inhabitant of a rented apartment can face the demands of the owner to leave the house. The reasons for such an unplanned move can be untimely payment for housing, improper maintenance of order in the living space, as well as changed circumstances of the owner.

Civil Code of Russia: Change of owner cannot be a reason for termination of the lease.

It is interesting that in the event that the lease was officially registered, the owner has no right to demand the eviction of the tenant of the apartment in connection with its sale to another owner. As stated in Article 675 of the Civil Code of Russia, a change in owner cannot be a reason for terminating a lease. Thus, the owner can, of course, sell the apartment, but together with the tenant, who will simply pay the new owner and can safely use the apartment until the end of the contract.

The fourth reason for eviction is utility bills

It is worth clarifying right away that only residents of housing rented under a social rental agreement can be evicted for non-payments on the bills of communal organizations. However, even in this case, non-payment for electricity, water, heat and an apartment may not be the reason for eviction as such, but for resettlement to another, usually smaller housing.

Jules Bastien-Lepage. The Beggar. 1880

According to the Housing Code of Russia, in particular its 90th article, if the tenant of an apartment and his family members do not pay their bills for 6 months, then they face eviction to another living space, which will amount to 6 square meters for each relocated tenant.

According to the law, the owner of a privatized apartment cannot be evicted for non-payment of utility bills if this is his only home. Even if the owner does not pay for the apartment for 10 years, he is threatened with "just" cutting off water and electricity, seizure of property, in particular a car, TV and other things that can be sold to pay off utility bills. If the owner of a privatized apartment has other immovable property, for example a land plot or a summer residence, then along with other property it can also be described by bailiffs, or the owner of the apartment will be evicted to this additional living space belonging to him.

Fifth reason for eviction - non-payment of the mortgage loan

Eviction from an apartment purchased on a mortgage loan threatens hard-core defaulters. Of course, banking institutions usually do not rush to evict, and after the first delay in payment, the borrower is unlikely to be on the street. Moreover, the bank itself is not very interested in the apartment, its main income is interest on the loan, so banking institutions are interested in a stable and regular receipt of all payments required under the terms of the mortgage.

However, if the delay in payments grows, and the recipient of the loan does not try to rectify the situation, the bank may decide to evict from the collateralized real estate. It should be remembered that the banking institution is required to notify the borrower one month before the proposed eviction. Thus, the payer of the mortgage will have 30 days to take any action and pay off the debt.

Even after foreclosure on the property is imposed, but before the public auction, the debtor can still pay off the debt and avoid eviction. In addition, it is worth remembering that even after the sale of the apartment at the auction, the former residents have a whole month to collect and look for a new place of residence.

According to the law, if the object of purchase on a mortgage loan was exactly the apartment from which the debtor is evicted, then he was entitled to temporary housing from the Reserve Fund specially created for this purpose.

The sixth reason for eviction is "bad behavior"

The reason for eviction literally "nowhere" - on the street, can be antisocial behavior of residents. By the way, for hooligan behavior and violation of the rules of living in apartment buildings, both a tenant of a residential area under a social tenancy agreement and an apartment owner can be evicted.

Jan Steen. Drunkards. 1660

The eviction process for "bad behavior" is long enough and requires serious efforts from citizens who want to get rid of an unwanted, life-spoiling neighbor or family member. Initially, it is necessary to prove that the tenant is really disturbing the rest of the inhabitants of the house. For example, it is imperative to call the police, who will draw up a protocol and document the fact of hooliganism. Such protocols will later become evidence in court during the decision to evict.

Thus, tenants, owners and members of their families who:

• they use the apartment for other purposes, that is, not for the purpose of living, but for example, as a retail outlet;
• mismanaged housing, allow its destruction;
• systematically violate the interests and rights of neighbors;
• regularly arrange drunken fights, allow themselves hooligan antics.

For the first time, an apartment resident, against whom a complaint from neighbors or family members has been received, will receive a warning (most often more than one), and only after the tenant has not heeded the requirements and continues to behave anti-social, the case will be referred to the court, which can make a decision about eviction.

By the way, it is impossible to evict the owner of the home without compensation - his home will be sold, the part necessary to put the home in order, legal costs will be deducted from the proceeds, and the rest of the funds will be given to the former owner for his personal needs. It is possible that the remaining amount will be enough to buy a new apartment.

Currently, such eviction cases are rare, but such a possibility is provided for in the law.

The category of eviction for "bad behavior" can also include the eviction of citizens who were deprived of parental rights by a court decision. In the event that the apartment remains in the child's use, cohabitation with inadequate parents can be considered undesirable and harmful for the development of children, so that such grief mom and dad can lose their living space.

There are several categories of citizens who have "immunity" and cannot be evicted:

• former spouses who, although they did not take part in the privatization, voluntarily renounced their share, but have the full right to use the living space. In this case, the family member, as it were, changes his right to a part of the privatized apartment for the right to use the apartment;
• citizens who use housing on the basis of a testamentary waiver. For example, the owner of real estate in the will indicated that the apartment is transferred to one of his family members, but another relative can use the living space for the period provided for by the terms of the testamentary renunciation. Nevertheless, such heirs may lose their homes if they violate the rights of other residents of the apartment and neighbors, that is, for reasons from the category of "bad behavior";
• citizens who have entered into a life maintenance contract with a dependent, according to which the ownership of the housing is transferred to another owner only after their death.

As you can see, there are a lot of reasons for eviction, but most of them can be protected by the usual observance of the rules of living in an apartment building, timely payment of utility bills and basic knowledge of their rights.