Peculiarities of eviction from residential premises according to the current legislation. The concept and grounds for eviction of citizens from residential premises.
The citizen can be evicted from a dwelling in a judicial order only in the presence of the bases provided by the Housing code of the Russian Federation, other federal laws, the corresponding contract.
As a general rule, based on the meaning of the norms of housing and civil legislation of the Russian Federation, eviction from residential premises on any grounds is permissible only by court decision.
Since the housing problem is currently being resolved in the Russian Federation at the level of state policy and state programs, housing is a priority in terms of protecting the rights of citizens.
Only the court has the right to decide whether a person is subject to eviction from the occupied dwelling premises, and the Housing Code of the Russian Federation only indicates the grounds and procedure for eviction, which the court should follow in making the relevant decision.
In fact, eviction means depriving a person who lives there permanently or temporarily but who does not have or has lost the right to reside there.
On the one hand, eviction is a legal concept. In practice, however, the concept of "eviction" is most commonly used to describe the process, the procedure for the forced release of housing. Eviction in the latter case is a certain procedure aimed at releasing a dwelling.
The purpose of the eviction is always to free the dwelling. Secondary goals may include: avoidance of accidents (e.g. in case of a housing accident); restoration of social justice (e.g. in case of unauthorised takeover of a dwelling); restoration of violated rights of third parties (e.g. in case of systematic violation of the rights and legal interests of neighbours); replenishment of the budget revenues (e.g. in case of eviction for systematic failure to pay for the use of dwelling premises and utilities).
The eviction of citizens from residential premises is carried out by a court of law:
- with the provision of other well-appointed housing under social lease agreements;
- with the provision of other residential premises under social lease agreements;
- without providing other residential premises (Article 84 of the Housing Code of the Russian Federation).
In accordance with article 85 of the Housing Code of the Russian Federation, citizens are evicted from residential premises with the provision of other well-equipped residential premises under social lease agreements, if any:
- Residential premises are subject to transfer to non-residential premises;
- The living quarters have been declared unfit for habitation;
If the employer and his family members living together with him for more than six months without a valid reason do not pay for housing and utilities, they can be evicted in court with the provision of other housing under a contract of social rent, the size of which corresponds to the size of residential space, established for the resettlement of citizens in the hostel (Art. 90 of the Housing Code).