In what cases is it possible to evict residents from an apartment or from the area they occupy? Some people think that it’s impossible to evict a person these days, others say that it’s easier to do, even for minor violations of order. Let us consider in more detail the opinion of which side most accurately describes the situation in the state.
We will make a reservation right away that it is possible to evict a person from square meters occupied either by a court decision or with the involvement of the prosecutor’s office, moreover, the prosecutor’s office usually deals with cases of unauthorized seizure of the premises, and the courts draw conclusions in response to claims by citizens or owners' organizations.
All housing can be divided into several categories: rented, service, municipal, privatized, hostels. Each of its species has its own grounds for eviction.
- Leased housing or housing occupied on the basis of a short-term rental agreement (for a period of up to 1 year). If we are talking about short-term hiring, then for the eviction it is enough to delay the payment term twice so that the owner with full right could ask the “tenant” for a tenant with things. If an agreement was concluded between the landlord and the tenants, then eviction from the apartment is possible on the basis of an agreement signed by both parties. If it states that tenants are obligated to leave the housing a week after the payment has passed or if the property has been significantly damaged, then you will have to leave it if there has been a violation. Otherwise, the owner has the right to come and evict them with the police, as unauthorized invaders.
- Municipal housing. Forced eviction from an apartment related to municipal housing is possible in several cases. The first is the lack of payment for utilities for 6 months. In this case, the debtor is usually given a period during which he must pay off the debt, and if the situation with the debts does not change - provide another housing with the conclusion of the social contract. hiring. Often in this case, residents receive rooms in a hostel, and losing in meters, because the new area will be issued according to the standards. In addition to debts for utilities, the basis for eviction may be repeated, officially recorded violation of order. If the house is recognized as non-residential or subject to demolition, if it is transferred to religious organizations or the area of apartments changes during the reconstruction process, residents must provide other housing.
- Privatized housing. “Is eviction from a privatized apartment possible?” - This issue often excites the minds of the owners. Perhaps, but only if the house is demolished. For debts, as in municipal housing, the owner will not be evicted. True, this does not mean that you can not pay with impunity for years. The state will have another government for chronic debtors - for example, fines. If the house is demolished due to its emergency condition, the owner should be given an apartment of a similar size.
- Dormitory or office apartment. The grounds for eviction from the dorm room are very similar to the grounds for eviction from municipal housing. In the same way, a tenant can leave the occupied meters if he did not pay utility bills or violated the established order: he arranged debauches, turned on loud music at night, preventing neighbors from resting, converted the occupied premises to a private enterprise, etc. Also, eviction from an apartment in a dormitory is possible at the end of the contract concluded for the period of service or study. Unlike municipal housing, they can be evicted from a hostel without providing any living space in return.
In general, evicting a person is not so simple. Even in non-privatized housing, the facts of violation must be repeatedly officially recorded, and only after warnings are issued that the tenant will ignore, we can talk about a trial. Conscientious tenants and owners are not threatened with eviction from the apartment.