Dormitories are designed for co-residence of different people who may be students or just strangers. The housing belongs to the state or to any organization, therefore, all residents are required to pay a certain fee for accommodation, and their responsibilities include the need to strictly follow certain rules and standards for cohabitation in the same territory. In April 2018, certain changes were made to the housing complex, which also affected the grounds for eviction from dormitories. Therefore, all citizens living in such real estate should study the law so as not to violate its requirements.
The nuances of housing
Dormitory rooms are provided to different citizens by concluding a special contract of employment. Typically, housing is offered for a short period of time, for example, for study or the implementation of work activities. The basic rules for providing housing include:
- employment contract - must be drawn up in writing, and it includes all the rules of residence in the territory, in violation of which eviction of residents from the hostel can be carried out;
- this agreement becomes invalid after the person finishes his studies or terminates the employment relationship with the employer;
- after the termination of the contract, it is required that tenants leave the housing on the basis of the terms of the agreement;
- if a citizen refuses to leave the house voluntarily, then the owner of the hostel initially sends him a notice, but if there is no reaction to this document, he will have to resolve the matter with the help of the court.
The hostel can be represented by a specially erected building to provide rooms for citizens or it can be created by re-equipping any finished building. Most often it is used by different educational institutions or large enterprises, inviting citizens from different regions to work with the provision of places for them to live.
It is allowed to unilaterally evict from a student dormitory or working housing if the employer has a corresponding desire. To do this, he just needs to notify the landlord that he wants to move.
If the immediate landlord wants to terminate the agreement, then if there is no consent on the part of the tenants, they will have to file a lawsuit.
Legislative regulation
The main issues regarding residence in a hostel are prescribed in the LCD. Forced eviction from the hostel under the new Housing Code is allowed only if the owner of the premises has good reason.
If the family or students living in the room do not comply with the conditions and requirements of the contract drawn up with the owner of the territory, then the landlord can forcibly evict them through the court, which is indicated in Art. 83 LCD
The Constitution contains the right of every citizen to count on the inviolability of his home, therefore, even the owner of a hostel cannot arbitrarily expel citizens at any time. Therefore, only in violation of the terms of the agreement or the provisions of the LC, the court will satisfy the landlord's request.
Who can evict tenants?
Forced eviction from the hostel can be carried out on the basis of the provisions of Art. 83 LCD exclusively by the owner of this accommodation. There must be good reason for this. These include:
- violated the conditions and requirements of the agreement drawn up between the two parties when moving residents into the hostel;
- lack of payments for accommodation and utilities for a long time exceeding six months;
- tenants perform various actions leading to the destruction of a dwelling;
- tenants make changes to the layout of the room, although this is prohibited by the terms of the contract;
- used housing for other purposes.
Initially, the homeowner should try to resolve the issue in a peaceful way. To do this, he warns the residents of the violation. If they continue to perform unlawful actions, they will be sent a notice of eviction from the hostel. If citizens voluntarily refuse to leave their homes, the owner of the structure will have to go to court.
Who can’t evict?
In Art. 103 of the Housing Code contain information that, according to the law, certain citizens cannot be evicted forcibly without providing them with other housing for permanent residence. These include citizens:
- military personnel;
- government officials and their family members;
- retirees by age;
- family members of a person who died in the line of duty;
- disabled people of the first two groups who have received health problems due to the fault of the employer or while working in a complex and dangerous production.
Therefore, eviction from the hostel under the new Housing Code is allowed only if citizens have other housing for living. The above requirements apply only to state-owned dormitories.
If the housing belongs to a private enterprise, then eviction from the hostel is regulated by the rules of the Civil Code. If minors live in real estate, then their eviction is allowed only with a court decision and good reason.
LCD eviction procedure
All the rules and grounds for eviction from the hostel are listed in Art. 103 LCD The procedure is divided into successive stages:
- Initially, the basis for the process should appear, for example, violations of the contract by tenants are revealed or an employment contract with the tenant who is an employee of the company that owns the housing is terminated;
- the landlord must first ask the tenants to stop the violation, for which they are issued an official warning;
- if citizens do not respond to such a warning, then a notice of eviction is drawn up by the owner of the house, and with the help of such a document a voluntary resolution of disagreements is carried out;
- usually residents refuse to solve the problem peacefully, therefore they continue to live in a hostel;
- in such circumstances, the homeowner is forced to file a lawsuit in order to forcibly evict citizens;
- if the court makes a positive decision on the claim, then the decision is sent to the residents;
- if even in this case they refuse to leave the living space, then the case is sent to the bailiffs who physically expel the citizens from their housing.
If under Art. 103 LCD is evicted from a room in a dormitory of citizens who need to provide additional housing, it is necessary to have a living space that meets numerous sanitary and technical standards. If it is absent, the court will not be able to satisfy the plaintiff's claims.
How are students evicted?
Many large educational institutions provide students from other regions with the opportunity to live in dormitories during their studies. Eviction from a student dormitory is allowed only if there are significant grounds, which include:
- personal desire of a citizen to change his place of residence;
- the rector signs an order on the basis of which the student is expelled from the educational institution;
- eviction is carried out on the initiative of the administration of the premises after the trial, and this is possible if the students by their own actions violate the rules and rules of residence.
It will not be possible to expel students only because the term of the employment contract has expired, since it needs to be renewed until the training at the institution is over. Therefore, if students need to study for at least three months, then the extension of the agreement on the same terms is required on the basis of Art. 684 Civil Code.
If the student is trying to evict the hostel’s administration without a preliminary trial, then such actions are illegal, therefore they can be challenged by the student in court.
Rules for evicting children
Often, landlords have to deal with the need to evict residents with minor children. In the new housing complex there are no grounds for evicting a single parent with a young child from the hostel.
Even if the landlord files a lawsuit, this application is simply not considered by the judge, since the requirements in it contradict the law.
The nuances of expelling people for non-payment
Most often it is necessary to evict citizens from real estate due to the fact that they do not pay fees under a contract of employment or simply do not pay funds for utilities. This is a significant violation of the agreement, therefore, under Art. 154 LCD contract may be terminated by the landlord forcibly.
If people do not want to be evicted on their own, and at the same time do not pay off existing debts, then eviction from the hostel is carried out by the court. Such cases are usually considered promptly, and decisions are made in favor of the plaintiffs acting as owners of residential real estate.
Rules for making a claim
Most often, the owners of a hostel have to face the fact that residents do not want to voluntarily leave the living space. In this case, it is required to draw up and submit to the court a claim for eviction from the hostel. It is important to correctly compile this document, therefore, information must be included in it:
- name of the court where the application is transmitted;
- information about the plaintiff submitted by the owner of the hostel, and this includes his passport details, place of residence and phone number;
- information about the defendant, who is the dweller of the hostel;
- lists all violations by the defendant during the use of the premises;
- documents attached to the application are indicated;
- it is especially necessary to formulate the requirements of the plaintiff, represented by the need for forced eviction of tenants.
The statement of claim is filed with the district court at the location of the hostel. Only with proper execution of the document can one count on forced eviction from the hostel. A sample application to the court can be studied below.
What documents are attached to the claim?
So that the plaintiff could count on a positive court decision on the application, it is required to attach additional documentation to the lawsuit, which serves as confirmation of the existence of good reason for the expulsion of citizens. This includes various official documents fixing violations by residents.
Such documents include police records, written statements from other residents or neighbors, as well as other papers.
What to do if tenants refuse to leave the premises?
Often, even after a positive court decision is made on the lawsuit filed by the owner of the dwelling, tenants still refuse to leave the hostel. In this case, forced eviction from the hostel is carried out according to the Housing Code.
For this, the landlord must contact the bailiffs. Specialists initially notify citizens that they must leave the premises within the prescribed time. If during the given period of time people do not move out, then the bailiffs can come to the hostel for the physical expulsion of citizens. Property can be transported for storage to the bailiffs' warehouse, and for its return, citizens will have to pay a certain amount of funds, represented by a fee for storing valuables.
Arbitrage practice
Based on judicial practice, cases of evicting citizens from dormitories are considered quite complicated. To make a decision, the court needs to find out several important facts:
- whether the accommodation is officially a hostel;
- whether the plaintiff acts as the direct landlord and owner of the premises;
- whether the owner of the house has permission to check in the dormitory for permanent residence;
- whether a citizen can provide a warrant for housing.
Most often, the court considers cases related to the termination of labor relations between the company and the employee, but the specialist refuses to leave the house. In this case, it is revealed which employment contract was terminated when it was concluded, and also for what reasons the employment relationship was terminated.
Terms of eviction
From the moment of the court decision, citizens living in the hostel have only 7 days to leave this housing area. If after seven days people are still in the dormitory, then a forced procedure for their expulsion is applied, for which bailiffs or police officers are invited.
If citizens living in such a living space consider that their rights are violated, so they can legally continue to live in a hostel, then they can challenge the court decision.
Limitation period
In such cases, the limitation period is three years. This period begins from the moment of termination of the employment contract, the expiration of the term of employment or the end of the student’s training.
During this time, both parties to the conflict may file a lawsuit in order to recover moral or material damage.
Conclusion
Dormitories are considered demanded housing provided to citizens on the basis of an employment contract. However, often eviction of people from housing may be required. There must be good reason for this.
Employers themselves at any time can terminate the agreement unilaterally. If the owner of the hostel wants to evict people, then this requires significant reasons. If citizens voluntarily refuse to leave their living space, they will have to go to court.