11.06.2024

103 ZhK RF judicial practice. Eviction of citizens from residential premises of specialized housing stock. Legal basis for going to court

A lease agreement for specialized residential premises implies the emergence of a certain range of rights and obligations on the part of the tenant. If the list of obligations is not fulfilled properly, then certain sanctions may be applied to the applicant by the property owner. One of these types of liability is the eviction of citizens from an apartment of a specialized fund.

Eviction of citizens due to termination or termination of a tenancy agreement

Eviction of citizens from specialized residential premises is one of the most pressing topics of conversation. If we turn to modern legislation in the housing sector, a separate article of the Housing Code of the Russian Federation - 103 is devoted to this issue.

So, in order to evict a person from housing provided under a special rental agreement, the grounds that are prescribed at the legislative level must be taken into account. In particular, the eviction of citizens from specialized housing takes into account the conditions prescribed in Art. 83 and 101 of the Code indicated by us. It should be noted that the presented grounds are of a closed nature. In other words, neither the owner of the property nor the authorized government body can change or transform them.

The key grounds that determine the eviction procedure are recognized:

lack of financial transfers for the use of housing and utilities, which has been observed for more than 6 months. The exception is socially vulnerable citizens.
The housing that was allocated on the basis of the contract suffered irreparable damage, which entails the impossibility of using the property.
The residential building was operated by the tenant without taking into account the original intended purpose.
While living in special housing, the applicant carried out actions that infringed on his neighbors’ rights and interests.

In the above cases, the specialized employment agreement is terminated and terminated. This entails an obligation placed on the tenant to leave the premises along with all family members within the period specified by the legislator.

Eviction with provision of other living quarters

An analysis of housing legislation allows us to conclude that eviction from housing under a specialized rental agreement is possible both with and without the provision of other premises. Here the question arises: in what case can the tenant be provided with other comfortable housing?

In this case, Art. 85 of the Housing Code of the Russian Federation, which clearly states all cases when, by agreement of the rental participants, the tenant will be provided with another comfortable premises. So, the allocation of new housing is possible if:

The previous house, where specialized residential premises are located, is subject to demolition. The basis for the destruction of real estate is the need to seize the land under the building for state or municipal needs.
The residential building was recognized as unsafe and unsuitable for citizens to live comfortably on its territory. In other words, the building may collapse at any moment, resulting in casualties.
The legal status of real estate is changing. In particular, residential premises are being converted into non-residential buildings.
In the process of overhauling real estate, the area of living space has changed, which makes it impossible to take into account the legislative requirements for the provision of comfortable housing to needy categories of citizens.
Real estate is transferred into the ownership of a religious organization on legal grounds.

Requirements for the specialized housing provided

All residential premises that were included in the specialized fund meet the legal requirements prescribed in the Housing Code of the Russian Federation. If at least one of the conditions is not met, then there is no point in talking about the legitimacy of the lease agreement. Thus, an apartment under a special lease agreement must meet the following requirements:

the living space of the building must be equal to the accounting norm and the provision norm for each subject of legal relations who will live on the territory of the apartment.
Housing must be comfortable, that is, have all the necessary communications and engineering equipment through which utilities are provided.
The living space must be isolated. In other words, the entrance to the apartment should not disturb the peace of neighbors and should be carried out through passage through other apartments.
The building must have good noise and sound insulation, as well as an air circulation system, which will guarantee a comfortable stay for people indoors.

Such a list of requirements is not exhaustive and can be supplemented by conditions that will be developed at the local level, taking into account the quality of life and the provision of specialized real estate to the housing stock.

2. Those who are not tenants of residential premises under social tenancy agreements or family members of the tenant of residential premises under a social tenancy agreement, or owners of residential premises or family members of the owner of residential premises and registered as those in need of residential premises:

1) family members of military personnel, officials, employees of internal affairs bodies, federal security service bodies, customs bodies of the Russian Federation, state fire service bodies, bodies for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, deceased ( deceased) or missing in action while performing military service or official duties;

2) old age pensioners;

3) family members of an employee who was provided with official living quarters or living quarters in a dormitory and who died;

4) disabled people of groups I or II, whose disability occurred as a result of a work injury due to the fault of the employer, disabled people of groups I or II, whose disability occurred as a result of an occupational disease in connection with the performance of work duties, disabled military personnel who became disabled of groups I or II due to injury , concussion or injury received during the performance of military service duties or as a result of an illness associated with the performance of military service duties, families with disabled children, disabled since childhood.

3. Citizens specified in part 2 of this article are provided with other residential premises, which must be located within the boundaries of the relevant locality.

4. The eviction of citizens from official residential premises or residential premises in dormitories with the provision of other residential premises in the case provided for by Part 2 of Article 102 of this Code is carried out by the previous owner or legal entity transferring the relevant residential premises.

5. Upon termination of the lease agreement for specialized residential premises with orphans and children left without parental care, persons from among orphans and children left without parental care on the grounds provided for in Part 4 of Article 101 of this Code, they and those living together with them, members of their families are subject to eviction with the provision within the boundaries of the corresponding locality of another comfortable residential premises under a rental agreement for specialized residential premises, the size of which corresponds to the size of the residential premises established for moving citizens into the hostel.

Indicates why this is being done. The lease for these premises can be terminated by agreement between the parties to the legal relationship at any time convenient for them.

The employer may also take the initiative to terminate the agreement.

The legislator does not stipulate the condition that members of the tenant’s family participate in the cancellation of the contract.

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If a citizen refuses to evict, he may be forced to do so by a judicial authority.

Basis, conditions, order

Main reasons:

non-payment of premises for 6 months (including utilities);
bringing housing into an improper condition by the tenant himself and members of his family;
regular violation of the powers of citizens living nearby;
use of a residential property for purposes other than its intended purpose;
other conditions.

Other reasons include: The employer, upon written application or his representatives in a similar manner, have the right to refuse the services of a hospital institution.

According to its legal consequences, this refusal entails termination of employment.

But citizens who live in social service institutions in case of constant violation of their rules and requirements can be transferred to special institutions by court decision.

If a person is no longer recognized as a refugee or migrant, the contractual relationship ends.

Terminates early, for example, in the event of a citizen’s dismissal from service.

Provides for termination of employment at the request of the lessor not only in situations that are provided for by the same Code, but also in the event of failure by the employer and his relatives to fulfill their duties.

They occur when a contractual relationship is formed. The basis for the landlord's appeal to the court for help is the tenant's failure to fulfill his obligations. They are reflected in the text of the agreement itself.

Termination of a contract related to the rental of specialized housing at the initiative of the parties does not entail any problems for them. The parties to the agreement are free to express their will if this does not violate the interests of third parties.

Homeowner

Residential premises belonging to a specialized fund cannot be provided on the basis of ownership.

Tenant

He has the right to take the initiative in terminating the tenancy agreement.

The parties may also agree among themselves that the contract must be annulled.

There is a third option - going to court, but on the part of the lessor, since this is the only option possible for him.

He cannot independently declare the termination of the contract, but only offer, for example, the tenant to move out of the apartment. If the latter does not agree to this, sue.

Cannot be evicted

Without providing other premises, you cannot write out:

Legal basis for going to court

If the tenant refuses to leave the premises and the landlord initiates termination of the tenancy, the latter has the right to terminate the agreement between them. To do this, he goes to court to protect his rights.

If a tenant decides that they want to illegally evict him, he can also defend himself in court. The legal basis for this is similar to the previous option.

The employer must refer to the norms of the Housing Code of Russia, as well as the provisions of those regulations that relate directly to him.

Video: r termination of a rental agreement for specialized residential premises

Eviction from the premises of a specialized fund has distinctive features, but is regulated by the norms of the Russian Housing Code.

The article sets out the conditions for the allocation of special-purpose space and emergency situations of vacating apartments.

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General concepts

Special purpose premises include buildings:

Under a lease agreement, the owner of the premises transfers it for a time to an individual, the tenant, who is obliged to pay for the use of the living space.

The basis for the allocation of a special purpose apartment is the decision of the government authority. The living space is given for use for a period of time. The text of the agreement regulates the legal relations of the parties. The person must review the contents of the employment document.

According to Part 1, special-purpose apartments are allocated in two cases:

By order of the owner of the property or a body acting on behalf of the state (municipality) or a representative who has the right to perform these actions (director of the enterprise).
Under rental agreements for special purpose apartments.

Settled norms

Articles 99-109 of the Housing Code of the Russian Federation. This issue is explained in the Resolution of the Plenum of the Russian Armed Forces dated July 2, 2009 ().

Since 2005, the order of a body with the authority or a person with the right to perform such actions is the primary reason for drawing up a lease agreement for a special-purpose apartment.

The order is justified by the fact that the citizen needs space due to the nature of his work or service at the designated point and he has the right to receive it.

Art. 99 Part 2 of the Housing Code of the Russian Federation states that a special-purpose apartment is not allocated if the employee has his own housing or rents it in a given locality.

Until 2005, a warrant was issued to formalize the release of apartments for official use.

If an order to provide a person with special premises is made in violation of the law, then this is a reason for filing an application with the courts. If the court recognizes the order of the authority in violation of the law, the lease agreement for the special premises has no legal force.

List of object types

The article listed special purpose housing funds:

for official purposes;
dormitory;
flexible fund real estate;
for social services;
for temporary use.

Premises for service use are not classified as separate types.

Real estate is considered a service property if it is listed in a special register. In the old version of the RSFSR Housing Code, premises for official purposes were considered as an independent type of housing. The premises listed are registered with local authorities.

To use housing for a special purpose, it must be included in this type. The procedure for including special-purpose housing in the section is established by law. Once this status has been assigned, it can be used in this legal field.

The decision to include or exclude specialized housing from the list is made by the body supervising real estate (Housing Fund).

Paragraph 3 of the article prohibits the sale, ownership and rental of special-purpose apartments. Exceptions are provided for individual agreements; they are considered by the Housing Code.

Local self-government bodies with powers issue orders to allocate special-purpose apartments to individuals.

The article lists the grounds for the release of special purpose apartments. The agreement also ends by mutual agreement at any time. The tenant can cancel the agreement at any time.

The law does not take into account the interests of the family.

It is possible to vacate the apartment from the tenant's family members at his request. The legislation does not take into account the opinion of the family when terminating the contract with the owner.

From the considered housing legal relations regarding the vacancy of apartments by certain categories of persons, exceptional features follow.

Housing is allocated to displaced persons based on family members. The interests of family members in this regard are not protected by law. It turns out that family members may suffer from the actions of their loved one who decided to terminate the contract and leave.

The law does not oblige the employer to disclose the motives and reasons for his decisions. The exception is the death of the main tenant. In this situation, the contract will remain in effect for the family.

The family can use the facility for maneuvers. She can live until the completion of major repairs or re-equipment of the building.

In case of refusal to leave the apartment, the person is forcibly expelled with the involvement of the relevant authorities, courts and bailiffs.

Basis, conditions, order

Reasons for compulsory release by a tenant of special-purpose housing:

Thus, the owner of the property can file a lawsuit to vacate the premises from an unscrupulous citizen. The above reasons for vacating special purpose housing are not final.

The legislation allows for other cases of release of such housing.

Additional reasons

For example, the law provides that the employer, upon application made in writing, or by an authorized representative, can refuse a nursing home. And the refusal is followed by the release of a room in a nursing home.

The agreement is canceled in the event of dismissal of persons from service or employment. The law allows termination of the agreement by the landlord in certain cases, as well as in the event of failure by the tenant and his close people to fulfill their obligations.

Homeowner

Special purpose apartments are not considered in the context of ownership. To acquire ownership rights, it is necessary to transfer housing to a different legal status.

Tenant

The tenant may file a motion to cancel the agreement. The parties may mutually agree to terminate the contractual relationship.

An extreme method is to appeal to the judicial authorities of the owner. The lessor cannot himself express a desire to terminate the contractual relationship. He may offer the tenant to vacate the property. If the tenant does not vacate the premises, the landlord goes to court.

It is possible that the employer will voluntarily leave the premises, but this is a rare case in practice.

The consequences of vacating apartments differ and depend on the characteristics of the evicted persons. For example, if the main tenant occupied a dormitory with his family and died, then the family has the right to be allocated another living space. The hostel rental agreement is terminated.

Individuals are included in the list of reasons for the release of special-purpose housing, but with the allocation of other living space:

are not parties to the lease agreement;
are on the housing register.

If the employee quits, stops training or service, then the agreement is canceled.

Article 13 of the Federal Law states that persons are not evicted if, at the time of application of the new Housing Code of the Russian Federation in 2005, they used the services of a hostel and were registered as apartments, but under one circumstance, that this point was not allowed by the Housing Code of the RSFSR.

Without the allocation of another living space, the following cannot be evicted:

A lease agreement for business use is canceled when ownership of this property is transferred to another owner. An exception is established only for one situation: the employee, a tenant, continues to work for the new owner (the legal entity to which the housing has been taken over or managed).

Legal basis for going to court

If the tenant does not vacate the apartment and the landlord declares cancellation of the contract, then he has the right to terminate the contractual relationship. The owner files a claim in the courts.

The legal guarantee of the protection of rights to housing is the Constitution of the Russian Federation.
There are industry-specific acts by which the landlord confirms his statement, these are the Housing Code of the Russian Federation.

One of the legislative acts is Resolution No. 42 “On approval of the Rules for classifying residential premises as a specialized housing stock and standard rental agreements for specialized residential premises.”

The tenant has the right to defend himself in court. He has the right to appeal the application based on the same regulations.

The rental agreement for special housing has its own distinctive features. In any individual situation, the specificity of legal relations is taken into account. For example, to date there has not been a standard lease agreement for citizens who are allocated social apartments.

These standards require additions. But in the main sense, the Housing Code of Russia gives the concept of a mechanism for allocating special-purpose housing.

The old housing code of the RSFSR determined the specifics of the release by persons of an apartment for official purposes.

Claims for release were not brought against the following citizens:

those who have worked for more than 10 years in the organization;
members of the tenant's family with children under 18 years of age.

The 2005 Housing Code did not provide for such options. Legislation protects the interests of owners of housing, which is in the full possession of individuals.

Federal Law No. 184-FZ “On the entry into force of the Housing Code of the Russian Federation” determines that persons who occupied special-purpose apartments before March 1, 2005 are subject to the rules of the previously existing housing code of the RSFSR.
The privatization of special-purpose apartments is considered non-standard by law.

Regarding the hostel, you need to know that if the hostel was like this before 2005, then privatization is realistic.

According to the privatization law, apartments for official use are not considered in the list of privatization objects (without the owner’s permission). Since 2005, many apartments for official use have changed their legal regime. If housing is included in the special register, then it is considered official.

Compiling such a register is very painstaking and time-consuming work. To date, it has not yet been completed, so the position of many apartments is unclear. Such property is transferred to the register of the local administration, which practically makes it social housing, which can be considered in terms of privatization.

To carry out the privatization of such premises, it is necessary to clarify their legal status.

If the property entered the category of the fund after March 1, 2005, then use is carried out under the conditions of special-purpose housing and privatization is possible with the permission of the owner.

1. In cases of termination or termination of rental contracts for specialized residential premises, citizens must vacate the residential premises that they occupied under these contracts. In case of refusal to vacate such residential premises, these citizens are subject to eviction in court without the provision of other residential premises, except for the cases provided for in part 2 and part 2 of this article. 2. Those who are not tenants of residential premises under social tenancy agreements or family members of the tenant of residential premises under a social tenancy agreement, or owners of residential premises or family members of the owner of residential premises and registered as those in need of residential premises: 1) family members of military personnel, officials, employees of internal affairs bodies, federal security service bodies, customs authorities of the Russian Federation, state fire service authorities, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system who died (died) or went missing while performing military service or official duties; 2) old age pensioners; 3) family members of an employee who was provided with official living quarters or living quarters in a dormitory and who died; 4) disabled people of groups I or II, whose disability occurred as a result of a work injury due to the fault of the employer, disabled people of groups I or II, whose disability occurred as a result of an occupational disease in connection with the performance of work duties, disabled military personnel who became disabled of groups I or II due to injury , concussion or injury received during the performance of military service duties or as a result of an illness associated with the performance of military service duties. 3. Citizens specified in part 2 of this article are provided with other residential premises, which must be located within the boundaries of the relevant locality. 4. The eviction of citizens from official residential premises or residential premises in dormitories with the provision of other residential premises in the case provided for by Part 2 of Article 102 of the Housing Code of the Russian Federation is carried out by the previous owner or legal entity transferring the corresponding residential premises. 5. Orphans and children left without parental care, persons from among orphans and children left without parental care cannot be evicted from specialized residential premises without the provision of other comfortable residential premises, which must be located within the boundaries of the relevant locality .

01/20/2018 - Oksana Popova

Hello. please tell me, I am currently living in a room in a service apartment, I am moving to another place of work in March, and I was told verbally that it is time to vacate the room. My common-law wife and 3 children (4, 6, 10 years old) live with me.

11/20/2017 - Lyudmila Filippova

Good afternoon I'll keep it short and try to make it clear. My mother moved into a dormitory with me in 1986, she moved into a dormitory of another organization, not where she worked. After 25 years, they began to evict her through the courts. The court considered us tenants and did not evict us. We filed a claim that we did not have a rental agreement with them, no one had entered into one with us, and we asked the court to recognize the room as our property, since we had been caring for and renovating the room for 25 years. But we lost. This led to new claims from our side regarding the conclusion of a rental agreement for social housing, since the room was not classified as a specialized housing stock according to rule No. 42. Lost. Then they filed a claim for the conclusion of a rental agreement for a specialized housing stock. Lost. Mom is retired. The other party is the operational manager, by agreement with the Federal Property Management Agency. The dormitory is state-owned and transferred to operational management. Since the purpose of using the premises does not relate to a specialized housing stock, they cannot, according to rule No. 42, classify it and register it as a premises of a specialized housing stock. They want to kick us out.(

05/29/2017 - Kirill Kilenin

Can an Emergencies Ministry officer be evicted from a dormitory if he is not retiring due to old age and is in line to receive the Unified Social Security payment? : 13:00 - 15:00