No one is safe from the risk of being evicted from occupied housing. To protect yourself in this case, it is very important to know your rights.
We can say that when negotiations do not lead to anything, and living together or just staying in an apartment with cohabitants makes living in a living room a torture, the only available measure to restore your violated rights and interests is to forcefully evict the apartment. Unfortunately, the eviction procedure may be required when living in a communal apartment, and in an office apartment, in one’s own or any other.
Being an exceptional measure in the framework of civil proceedings, eviction of citizens from the premises they occupy is a strictly regulated procedure and is carried out on the basis of a court decision and in the framework of enforcement proceedings. The decisive basis for going to court is the categorical refusal of an illegally resident to leave the premises.
Reasons and grounds for eviction.
The grounds for eviction can be divided into two groups that arise:
- At the initiative of the resident:
- The dilapidated state of the building.
- The failure of the supporting structures.
- Translation of the building into the non-residential category.
- Planned demolition of the house.
- At the initiative of the owner:
- Substantial debt for utility bills.
- Violation of the rules of the hostel.
- Deterioration of living space intentionally.
- Committing actions that threaten the life and health of neighbors.
- Deprivation of parental rights.
- Unauthorized check-in or refusal to vacate the premises at the end of the rental period.
Responsibilities of residents.
Regardless of the category of housing, a citizen living in it has the following duties:
- The use of the premises is strictly for its intended purpose.
- Conducting cosmetic repairs as natural wear and tear occurs.
- Overhaul (if necessary and with the consent of the owner).
- Timely payment of utilities.
- Release of housing at the end of the lease term.
Failure to comply with any item from the listed list leads to liability for failure to fulfill its obligations.
Who can file for eviction.
The requirement to vacate housing may come from the following categories of persons:
– Neighbors, if there is evidence of the fact of systematic actions that threaten the life and health of others, on the part of the evicted (filing a statement of claim and obtaining a court decision on eviction).
– Landlord, if the tenant has debts for the payment of utility bills (if there is no rental agreement, eviction can occur for any reason, subject to the presence of a signed agreement – it is also necessary to resolve the issue in court).
– Local authorities, when recognizing occupied housing as dilapidated and subject to demolition (if the resident refuses to voluntarily leave the occupied area, the state initiates a lawsuit).
How to protect against eviction to the owner.
Eviction of the owner is possible if he:
- It is not used for its intended purpose.
- It violates the requirements of fire safety, sanitary standards and building technologies.
- The presence of unpaid emergency eviction loan obligations.
- Non-payment of utilities in a substantial amount.
Actions to protect their rights depend on the specific circumstances of the case. If we are talking about debts for loans and utilities, you need to pay off the debt as soon as possible. If an eviction request is triggered based on inappropriate behavior, it must be reviewed.
If a court case has already been instituted, the owner may file a counterclaim declaring the eviction request illegal. To do this, you need to prepare the necessary documents (payment receipts for cases with debts and testimonies in matters of inappropriate behavior).
How to protect yourself from eviction to a tenant.
If the tenant rents a house without concluding a contract, the landlord can evict him at any time and without good reason. At the same time, the employer does not have the opportunity to prevent emergency eviction loan, because his rights are not regulated by anything.
If the tenancy is regulated by a correctly drawn up lease, eviction can threaten the tenant in the following cases:
– A systematic violation of the terms of the rental payment (in case of a short-term contract with a period of less than a year, 2 months of delay is enough, if the contract is concluded for a period of one year or more, then the debt must be at least six months).
– Violation of the rules for the use of housing prescribed in the contract.
– Creating conditions that endanger the life and health of neighbors.
In all these cases, eviction is possible only in a judicial proceeding, after the landlord submits a statement of claim. The tenant can defend his rights if he proves the underhandedness of the charges.
Protection against eviction from municipal housing.
In this case, a resident citizen can be evicted on the basis of:
- Debt for utilities.
- Systematic disturbance of public order.
- Misuse of the area.
When making claims for utility bills, the responsible tenant can contact the social security authorities to assign his family a status of the poor. In other cases, he is obliged to eliminate the cause of claims by the state.
When and whom cannot be evicted.
Despite the grounds for emergency eviction loan provided by law, there is a category of people who cannot be deprived of housing without alternative housing.
Pensioners retired due to old age / length of service / health condition.
Disabled people of groups I and II who were injured in the performance of professional duties or through the fault of a higher management (in the case of the military, on condition of injury or contusion during the period of service).
Family members of a deceased employer.
Orphans or those without parental care.
Thus, tenants and even landlords cannot be guaranteed to be protected from the risk of being evicted from the living space. Therefore, you should carefully follow the rules of residence and not create conditions for conflicts.
In conclusion, we can say that Thus, the emergency eviction loan procedure from the apartment is an exceptional, comprehensive and legal measure to restore the violated rights of the owners of the living space. An appeal to the judicial authorities in order to initiate measures of forced eviction should be balanced, motivated and include attempts to resolve the dispute out of court.
If you have already fallen into this situation, stick to the above rules, tips, they will help you.