In accordance with the Housing Code of the Russian Federation and the resolution of the Plenum of the Supreme Court of the Russian Federation dated 2.07.09, there must be sufficient grounds for evicting tenants or owners from a room located in a communal apartment. Direct eviction can only be carried out on the basis of a court decision.
Necessary
- - application to the court;
- - documents confirming the grounds for eviction.
Instructions
Step 1
To evict tenants, apply to the arbitration court. Social housing provided to citizens in need under a social tenancy agreement belongs to the local municipality. An authorized employee of the district administration is obliged to submit an application for consideration of the eviction case.
Step 2
A sufficient reason for eviction can be considered: - use of a room in a communal apartment for other purposes; - damage to state property; - untimely payment of rent or utility bills; - repeated violation of public order; - transfer of housing to sublease without the permission of the owner; - not living in apartment for more than 6 months without a good reason; - violation of any clause of the social rental agreement; - other circumstances that the court deems sufficient to terminate the rental relationship.
Step 3
Any of these points must be documented. As an evidence base, use the testimony of neighbors, certificates confirming late payment for housing, acts of summoning a police squad that recorded repeated violations of public order, etc.
Step 4
To evict the owner from a communal apartment, representatives of the housing and maintenance sector or energy suppliers must submit an application to the court. A sufficient reason for eviction can be a sufficient amount of debt for utility bills, which there is nothing to pay off, and the tenant does not have other property that the bailiffs could describe and sell.
Step 5
In all cases, at least 1 month is given to pay off the arisen debt. Only after this period has expired, the court can issue an order to evict from the communal apartment.
