Conclusion.
Summing up all of the above, it is possible to draw conclusions.
A court may consider such grounds to be a significant reason for evicting an unregistered person:
- Termination of the family relationship;
- Change of ownership (sale of an apartment);
- desire of the owner of the residential property;
- Expiry of the contract. Children.
Eviction of minors from the apartment is impossible without providing them with another living space is almost impossible. In any such lawsuit, it is obligatory to involve the social welfare service in the court.
Special problems with eviction of children will not arise only in such situations:
- if the apartment is a collateral;
- if the apartment is sold and purchased differently;
- if the dwelling is recognized as emergency and subject to resettlement.
In general, each case of eviction of minors is considered individually and with special care. Since the official living space is provided either for a certain period of time or for the duration of the employment contract, the eviction takes place in the general order. It is only necessary to prove that the person has lost the right to use the apartment. For this purpose, the court is given an order for dismissal and the contract of rent of the official housing.
However, there are categories of citizens who cannot be evicted from official housing. The ban on this is established in the Housing Code of the Russian Federation. Such persons include:
- Old-age pensioners;
- Disabled persons of I and II groups, if a causal link between the performance of official duties and the receipt of injuries (illness) is established;
- family members of an employer who died in the line of duty;
- Minors without parental care. Municipal housing.
Eviction from municipal housing is carried out according to the standards provided by the Housing Code and the Civil Code of the Russian Federation.
If there are grounds for that, the claim is satisfied in 98% of cases. The remaining 2% of the denial of claims often relates to such categories of citizens, which are separately protected by the legislator:
- children under 18 years of age;
- incapacitated people;
- Persons with disabilities of the 1st or 2nd group.
In all other cases, eviction from the municipal apartment is usually not difficult. Privatized housing.
It is quite easy to evict a person from an apartment that is privatized, but only if he or she is not the owner or had no rights to participate in the privatization procedure. Otherwise, a person can claim a part of the apartment and evict it from the dwelling only by buying out its share. Or, by court order, but for the deprivation of property, very strong circumstances are needed, the evidence of which is vested in the plaintiff.
Who's in charge of evicting people from their homes.
The only body that decides on forced eviction from any dwelling is the court. Initially, such a claim is filed in a court of general jurisdiction, if one of the parties does not agree with the decision, it is possible to appeal in cassation and appeal. The last instance is the Constitutional Court. It is appealed to if the norm of law, to which the court appeals in its decision, in your opinion is not legal. It is no longer possible to overturn and appeal the verdict of the Constitutional Court. The precinct can only ensure the release of the living space from people who do not live there. That is, those who did not pay for utilities, the apartment does not have a large number of their things, with whom there is no contract of employment, etc. If, however, a district officer or any other officer of the police or law enforcement agencies requires illegal eviction, his or her actions may be qualified as abuse of power and he or she may be held criminally liable. The Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation is in charge of deregistration, however, this structure can only carry out the discharge procedure at the request of the tenant himself or herself or, again, at the discretion of the justice authority. The Prosecutor's Office also has no right to engage in direct eviction. This body is designed to verify the legality of residence, but in establishing the circumstances for the release of housing should also apply to the court (if the tenant does not eliminate the reasons for eviction or does not move voluntarily). It is possible to evict tenants either in an administrative order (voluntary), or in a judicial order. Let's consider each of them in detail.
In court. Eviction from a dwelling under the court decision can occur with the provision of new housing evicted or without it.
Alternative accommodation is provided in such cases:
- demolition of residential buildings;
- Transfer of the property to a non-residential building;
- The land plot on which the house is built shall be transferred to state or municipal ownership.
If the eviction is caused by non-payment of utilities, the new housing can be provided according to the norms of a dormitory, but not a comfortable apartment.
Housing is not provided if you are evicted for:
- prohibited use of the dwelling;
- for actions resulting in the destruction or deterioration of the quality of life in the house.
Forced eviction from the premises only after the time determined by the court for the voluntary release of the premises has passed. After that, court bailiffs, within the framework of the initiated enforcement proceedings, evict the tenant, release the apartment from his belongings, pets. Thus it is not important, it is present thus evicted or not - the judicial bailiff will provide storage of the property withdrawn from apartment for what from the evicted person the payment will be collected later.