Peculiarities of eviction from residential premises according to the current legislation. Eviction without the provision of other premises.
If the parents and children live in an apartment that belongs to them equally, or the owner of the house is the parent himself, deprived of parental rights, it is impossible to evict him/her.
In such a situation, the child retains his or her ownership or right to reside there.
If after the dissolution of the marriage the child began to live with the parent who does not have a dwelling in the property, and the other parent has alimony obligations in respect of him, the child can no longer be considered a family member of the owner.
For example, if the court gave the former spouse of the owner the opportunity to live in the apartment of the former husband for a period of 2 years, then after these two years, she has the right to apply to the court with an application to extend the period of use of housing and prove that she does not own another dwelling, as well as the means to purchase it.
She has the right to file such an application with the court repeatedly. Despite the fact that the new Housing Code was adopted several years ago, the issue of the possibility of eviction of minor children from their dwelling remains a subject of constant debate and discussion. The judicial practice of the Supreme Court of the Russian Federation and the explanations of the Constitutional Court of the Russian Federation play a decisive role in resolving this issue.
The following grounds for eviction from the dwelling - if the tenant or his family members living together with him use the dwelling for purposes other than those intended, systematically violate the rights and legitimate interests of neighbors or mismanage the dwelling, allowing its destruction.
The law prohibits the placement of any industrial production in a dwelling. It is not necessary that industrial production is connected with the use of flammable substances, waste, chemicals, dyes, that it is large-scale, etc. In this case, it is also a question of handicrafts (for example, shoe repair), light industry. It is unacceptable to place it in apartment buildings and other residential buildings of industrial production.
The Housing Code of the Russian Federation does not disclose the concept of "industrial production" for the purposes of housing legislation, as well as there is no definition of this concept in other legislative acts.
The industrial production can be considered as the enterprises producing products with the help of machine tools and other mechanical equipment; their activity is connected with excess of sanitary and hygienic norms which are inadmissible in residential premises.
Industrial production should be located in buildings specially built for these purposes and within the permissible limits of sanitary zones of residential buildings.
Actions violating the rights and interests of neighbors can be considered as construction works, redevelopment and reconstruction works, conducting production in residential premises.
There is an opinion that non-compliance of the owner and his family members with the rules of public order and violation of the rights and legitimate interests of neighbors can be expressed, for example, in the systematic loud inclusion of musical equipment at night, which entails administrative responsibility, as well as drunkenness, hooliganism.
Eviction is an extreme measure applied to owners or tenants of residential premises, since the right of every citizen of the Russian Federation to housing is enshrined in the Constitution of the Russian Federation. Issues of forced eviction are strictly regulated by the Housing Code and the Civil Code.
Only the court can decide to evict a person from the apartment. When considering such issues, various options for resolving the dispute without eviction should be considered, because this is an exceptional measure, especially if the person's housing is the only one.
There are peculiarities of the grounds for eviction, depending on whether the defendant is the owner or the tenant.
Let us consider these two categories in more detail. If the person lives in a municipal apartment or room, the eviction will most often occur with the provision of new housing, although in some cases, and with the deterioration of conditions (for example, in the case of non-payment of utility services, immoral conduct of life). However, even from this type of housing it is possible to evict without providing new housing (for example, if the spouses divorced and the evicted person is not the tenant of the apartment).
A representative of the municipality may apply to the court for eviction. If the eviction takes place at the initiative of neighbors or former relatives, then participation in the court proceedings of the local government body is mandatory, as in this case it is the owner.
It is very difficult for the owner to evict the owner from the apartment, as the inviolability of private property is guaranteed by the Constitution of the Russian Federation.
However, there are situations when the state is obliged to evict tenants and give them new housing. Such cases include the recognition of the object of real estate as emergency or its appeal to the state ownership.
In all other cases the provision of housing to the owner is not provided. Another fairly common opinion is that it is practically impossible to evict the owner for debts, especially if he has only one dwelling. However, if the debt is large enough, the other property that can be foreclosed on is not available or the apartment is a pledge in the bank, it can be sold, and part of the money from its sale is directed to the repayment of the debt.
It is very difficult to evict the owner from the apartment, as the inviolability of private property is guaranteed by the Constitution of the Russian Federation.
However, there are situations when the state is obliged to evict tenants and give them new housing. Such cases include recognition of the real estate object as emergency or its application to the state ownership. In all other cases the provision of housing to the owner is not provided.
Another fairly common opinion is that it is practically impossible to evict the owner for debts, especially if he has only one dwelling.
However, if the debt is large enough, the other property that can be foreclosed on is not available or the apartment is a pledge in the bank, it can be sold, and part of the money from its sale is directed to the repayment of the debt.