To provide housing for citizens and their families in accordance with housing legislation, it is provided specialized housing stock.

Service apartment provided by state or local authorities to persons performing labor functions in these structures. For a citizen and his family must not have own living space in the region where he will work.

The Housing Code of the Russian Federation provides for an employee's service apartment, which is provided according to rental agreement for the duration of the employee’s employment relationship. Such living space is provided.

The law protects certain categories of citizens and prohibits them without providing them with alternative housing.

Provision is made for the forced eviction of persons who do not want to voluntarily leave official housing. It is important to follow the procedure defined by law.

Despite ban on privatization official residential premises, there are legal ways.

Service apartment as a residential premises of a specialized housing stock

Citizens in need of housing are provided with residential premises from the state or municipality provided for such purposes. The Housing Code of the Russian Federation (LC RF) refers to such housing (Article 92):

1. dormitories;
2. flexible housing stock;
3. residential premises intended for temporary accommodation of citizens;
4. for social protection of the population;
5. service housing;
6. residential premises intended for social services of citizens;
7. premises for orphans or children left without parental care, etc.

Service apartment is a residential premises that is provided to a citizen in connection with the fulfillment of certain labor relations.

The list of persons entitled to official living space is determined by separate legislation (depending on the person’s field of activity).

As a rule, such housing is provided to those who must be constantly present in the immediate vicinity of the workplace. Another condition is the absence of one in a given locality.

Service housing can be:

• apartments;
• dormitories;
• private houses.

However, in order for an apartment to be provided to a citizen and his family as a service apartment, it must be included in a specialized housing stock as service housing. This provision is adopted by a decision of state authorities or local government - depending on whose property the living space is located.

Providing official housing

In accordance with Art. 93 of the Housing Code of the Russian Federation, service housing is supposed to be provided only to those citizens who are in labor relations With:

1. public authorities;
2. local government bodies;
3. state or municipal enterprises.

Also, such housing is available to persons appointed to government positions in the Russian Federation or a constituent entity of the Russian Federation, or elected to elective positions.

Accordingly, the apartment is provided according to office space rental agreement for the period of validity of the employment agreement or contract. Termination of employment relationship entails termination of the rental agreement.

So, a service apartment will be given to citizens who occupy positions:

• Deputy. At the same time, you can be a deputy at any level (state, subject or local).
• A military man.
• Law enforcement officers (police officers, investigators, etc.) who are sent to serve in another city or town.
• Firefighter in the Ministry of Emergency Situations.
• Teacher and doctor. This applies to those who wish to go to work in rural areas.
• Civil servant. For example, judges, officials, employees of ministries and departments, etc.

Currently, the provision of official housing is practiced and private organizations - employers .

Procedure for obtaining official residential premises

Service housing is allocated according to decision the owner of the premises, namely the authorities of the subject or municipality. The decision is made in the form order or resolution organ.

After a decision is made, an agreement is concluded between the person authorized to carry out such actions and the citizen to whom the living space is provided for use. rental agreement for office premises. This procedure is regulated by regulations of the relevant authority.

Such premises are subject to transfer by acceptance certificate And technical condition report. These documents indicate all the shortcomings of the housing provided, so you should carefully consider the contents of these documents. This is also due to the fact that the reverse procedure for transferring the premises is the same. Therefore, if malfunctions are noticed, they must be corrected at your own expense.

The conclusion of a rental agreement entails for both parties rights and obligations related to the use of the premises. The main responsibilities of the employer are fee for using the premises and payment of utilities. In addition, a citizen is obliged at his own expense carry out routine repairs. paid by the owner of the premises.

Service housing should not be used by citizens to make a profit, namely, you cannot rent them out, sell them, change them, etc.

This prohibition is due to the fact that housing does not belong to a person by right of ownership and he cannot dispose of it at his own discretion.

The contract must specify all family members citizens who will live with him. As the number of family members increases, this list should be updated.

What documents are needed to apply for official housing?

When applying for official housing and for its consideration, you must attach a number of documents. These primarily include:

1. passport;
2. work book as confirmation of employment in this organization and in the corresponding position;
3. a document indicating the absence of living space in the property (or otherwise);
4. certificate of marriage (or divorce);
5. certificate of the employee’s family composition;
6. an employment agreement or contract - it specifies the period during which the employment relationship will continue;
7. petition or statement from the employer.

All documents are attached in copies, which must be certified from a notary or employer.

The specified list of documentation for obtaining a service apartment not exhaustive. It may be replenished depending on the situation and conditions for providing housing.

Application for provision of official residential premises

To obtain official housing for use, you must write statement addressed to the head of the authority. It indicates the number of people who will live with the tenant. If there are children, their age is indicated.

This document also indicates all residential premises owned by the employee, if any.

With this application, the citizen gives agreement for the processing of personal data. He also subscribes to what he provides reliable data about yourself and your family members.

If the information provided changes, the citizen undertakes to report this.

Using the example of providing official housing to military personnel sample application as follows:

Is it possible to register in a service apartment?

As a rule, a citizen and his family members are registered in official housing temporarily. This can only be done with the permission of the owner. will be valid for a certain period. Typically, registration in official housing is valid for the period for which the rental agreement is concluded.

Registration at the place of residence in a service apartment does not give the right to register ownership of it.

The main reason for eviction from such housing is the termination of employment relations with the organization that provided the official living space. When spouses divorce, the second spouse loses the right to live in this apartment and is subject to deregistration and eviction.

Eviction from service housing

Eviction from official living space is possible voluntarily and forcibly. WITH voluntarily everything is quite simple. Upon termination of the contract or fixed-term employment contract, the employee (employee) is obliged to vacate the premises he occupies.

If a citizen does not want to voluntarily move out of a service apartment, then this can be done in forcibly, namely by court decision.

There are several reasons for forced eviction:

• debt to pay utility bills;
• damage to housing was caused;
• the rights of third parties are violated;
• the living space is used for commercial purposes;
• other.

The eviction process takes quite a long period of time. Before filing a forced eviction in court, the owner must take steps to peaceful resolution of the situation.

The owner of the premises must send to the tenant notification with a demand to leave the home. The notice must propose a certain period after which it is possible to apply to the courts. It is 5 days.

After the tenant has not taken action to evict the property, the owner has the right to file a lawsuit. After the decision is made in favor of the owner of the residential premises and it comes into force, you need to contact bailiff service. Next, the bailiff will execute the court decision.

Who cannot be evicted from official housing?

There are categories of citizens who cannot be evicted from official housing without providing them with an alternative, that is, in exchange for another living space. To such persons in accordance with Art. 103 of the RF Housing Code include:

1. family members of military personnel, internal affairs officers and other government employees who died or went missing in the line of duty;
2. pensioners who worked in the organization until old age;
3. family members of the deceased employee;
4. disabled people of groups 1 or 2, who became disabled due to the fault of the employer, who received occupational diseases, who were injured while performing their duty at work, and others;
5. orphans and children left without parental care;
6. citizens left with young children.

To prevent such citizens from being evicted, they should not have their own housing, as well as housing provided to them under a social rental agreement.

Renting an apartment upon eviction

When moving out of a service apartment, it is necessary to properly pass to the owner. An act of acceptance and transfer of residential premises is signed to indicate that the housing has been accepted by the owner and handed over by the tenant.

The authorized representative of the owner must make a complete inspection of a service apartment and record existing deficiencies (if identified). In this case, the employee has the right to disagree and indicate his comments on the act.

The apartment must be in no worse condition than when it was handed over to the tenant. Normal wear and tear must be taken into account.

If a forced eviction is carried out, then a eviction act. It must be drawn up in the presence of two witnesses.

Is it necessary to make repairs before renting out a service apartment?

Typically, the tenancy agreement specifies the responsibilities of the tenant. Duty to do redecorating included in the main list. The frequency of its implementation is also reflected directly in the contract.

If housing provided with renovation and this fact is described in the rental agreement and the acceptance certificate, then upon delivery, repairs must be made. Otherwise, the tenant will be charged an amount for cosmetic repairs of the premises, calculated at the market price.

If, in accordance with the terms of the rental agreement for office housing, the deadline for making repairs has not yet arrived, then the tenant has the right refuse do it when moving out.

Is it possible to transfer official housing into ownership?

It is necessary to point out that the norms of the Housing Code of the Russian Federation do not provide for such a procedure as. And Art. 4 of the Law of 04.07.1991 No. 1541-1 “On the privatization of housing stock in the Russian Federation” sets ban for the transfer of office premises into the ownership of citizens.

Such premises can be privatized only after they are transferred to municipal property(if the owner is different). After this, there must be the consent of the owner of the property for privatization to be carried out by another person.

Further, the official housing is considered no longer official. Consequently, it can be transferred for the use of citizens according to. When these measures have been carried out, privatization is possible in accordance with housing legislation.

So, the tenant of office housing needs to contact the management of the enterprise that owns the premises with a request to transfer it into ownership. The application is reviewed within a month. Next, a positive or negative decision is made on this issue.

If a positive decision is made, then it is necessary to agree on the transfer of the apartment to municipal ownership and the removal of its official status. Only after these nuances have been resolved can we proceed to the standard privatization procedure.

There is an option when you can buy out office housing. You need to work in an organization and live in this apartment at least 10 years. In addition, there must be official recognition of those in need of housing.

Conclusion

An important feature of the provision of official living space is that the person does not need housing as such. He has the right to it in connection with the performance of certain labor duties in state or municipal authorities.

This means that housing is provided temporarily and for a certain period. After the expiration of the period, I have the right to evict tenants even if they have nowhere to live.

Despite the ban on privatizing official housing, it is possible to circumvent it. To register ownership of official housing, you need to change its status. This can only be done with the consent of the owner of municipal (state) housing.

Question

Office housing standards

Are there any space standards when providing office housing?

Answer

Yes, they do exist. There must be at least 6 square meters per person. m of living space. If a family has children of different sexes over the age of 9, they must live in separate rooms. Consequently, a family with two children of different sexes is entitled to a three-room apartment. But in practice, these standards are often not observed, since there are many people in need of service apartments.

Some employers take care of providing their employees not only with proper working conditions, but also with living conditions, that is, they provide them with housing. At the same time, the employees themselves who have received housing from the company must clearly understand what rights and responsibilities they have in connection with this in order to prevent the occurrence of unpleasant situations in which eviction from official housing is possible.

Concept

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The official category includes a type of specialized housing that is issued to company employees due to the fact that it is required to perform their professional duties at a certain time and place.

This type of housing can be either a full-fledged apartment or house, or a dorm room.

At the same time, service housing is not social and has a different legal status from the latter.

What does the law say?

All legal issues related to this type of housing are regulated by the Housing Code of the Russian Federation. In particular, it states that official residential premises are intended to accommodate citizens who are in labor relations with state or municipal bodies, enterprises or institutions and who carry out their duties.

Part 3 of the same code states that termination of a rental agreement for this category of housing can be carried out in court if the employer who provided it considers that the persons living in it are improperly fulfilling their obligations.

Grounds

The domestic housing code clearly states the grounds for termination of the agreement under which the employee was provided with housing.

Most often this happens in the following cases:

• if residents do not pay rent or utilities for a six-month period;
• if citizens committed actions that led to damage or even destruction of the housing itself;
• if the persons who were provided with housing regularly violate the rights and interests of their neighbors;
• if the living space is not used in accordance with its intended purpose.

Transfer to another owner

One of the reasons why eviction from a business property occurs is a change in its owner. It is this moment that fundamentally distinguishes this type of housing from social housing.

Termination or termination of the contract

The contract, according to which the employee is provided with official housing, lasts as long as he performs his direct work duties. As soon as he stops doing this, the employer initiates termination of the contract.

Debt

In most cases, over at least a six-month period, it results in the eviction of employees.

However, the court will consider in detail the reasons that led to the emergence of such a situation.

Inappropriate use

A valid reason for terminating a contract under which a citizen is provided with office space may be the use of housing for purposes other than its intended purpose, in particular, for a retail outlet, warehouse or home-based production organization.

Eviction from service housing

Various factors come into play when it comes to eviction. But in any case there must be legal grounds.

Military personnel

After leaving military service, most military personnel, with the exception of certain categories, are required to move out of the premises that were provided to them for living.

Old age pensioner

A pensioner may be evicted from his/her occupied housing in the following cases:

• if the term of the employment contract has come to an end;
• when the premises have suffered significant damage;
• if utility bills are not regularly paid;
• in case of prolonged absence of residents;
• if the rights of neighboring persons are violated.

With a minor child

Due to the fact that official housing is provided to citizens while the employment agreement is in effect, as soon as its term expires or it is terminated for any reason, all residents are evicted from this premises.

The presence of children in this case does not radically affect the situation, but only allows you to count on receiving some kind of deferment for departure.

Ministry of Internal Affairs employees

If a citizen has worked for the Ministry of Internal Affairs for at least 10 years, upon eviction from official housing, he must be provided with funds for the construction or purchase of his own.

Upon retirement due to old age, a former employee of the Ministry of Internal Affairs cannot be evicted from the premises he occupies.

With or without provision of other living space

It is mandatory to receive housing when moving out of a service apartment in 2019:

• those who have worked at the company for at least a decade;
• citizens who were fired due to the cessation of the company's activities or who were subject to staff reduction;
• former employees who retired due to old age;
• families with only one parent and children under 16 years of age.

In other cases, provision of other housing to citizens after the expiration of the contract for the rental of a company house or apartment is not expected.

Procedure

Domestic legislation does not clearly define the procedure for evicting citizens from the official housing they occupy, but in general terms the sequence of actions is as follows:

• emergence of grounds for eviction;
• lack of consent of the tenant;
• filing a claim in court;
• the trial itself;
• execution of a court decision, including eviction with the assistance of bailiffs.

Filing a claim

Not only the owners of the housing provided, but also other persons belonging to the category of interested parties, in particular neighbors or potential applicants for living in this premises, have the right to go to court.

Arbitrage practice

In most cases, citizens who are trying to be evicted from official housing in court try to avoid this by challenging the very existence of grounds for eviction. In addition, they can appeal to the expiration of the statute of limitations, which in this case is three years.

The position of the owners of the premises is often based on the fact that this housing does not belong to the category of official housing. In addition, they often insist that the statute of limitations should not be taken into account, since the legal relations in question do not relate to housing.

How to protect your rights?

Citizens who consider attempts to evict them from official housing to be unlawful can always try to defend themselves. However, it is necessary to look at the situation realistically, because if this is done in accordance with the terms of the contract and legally, you will still have to move out.

At the same time, no one has the right to be forcibly evicted from their home until a court decision, so this way you can gain time to find a new home.

In case of unlawful attempts to evict, contrary to the norms prescribed in the current regulations, you should definitely go to court, having first taken care of preparing the necessary documentation.

Video about eviction from official real estate

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Instructions

Find out whether the pensioner falls into one of the following categories: war veteran, resident of besieged Leningrad, war participant (including a member of his family). However, you cannot simply apply for housing; there is one limitation: the applicant must need new housing. For example, not having enough of your own living space, living in a dilapidated house that cannot be repaired, or not having your own apartment at all.

Start submitting your application by contacting the administration at your place of registration. Make a copy of your passport first, because it is submitted along with the application. No additional certificates are required; municipal employees will collect all other documents.

Military pensioners who were sent to the reserves for health reasons or who retired after reaching their maximum service life can also get on the waiting list. Citizens who fall into one of these categories have the right to count on monetary compensation, the conclusion of a social rental agreement, or the receipt of home ownership. We should not forget about one more requirement: a pensioner should not have an apartment purchased with his own funds.

To receive a certificate, provide the following documents to the Housing Policy Department of the Housing Fund: passport, pension certificate, military ID, application, as well as documents confirming the absence of your own housing.

Placement on the queue will take place after acceptance and consideration of the submitted application. The pensioners are then given a certificate. However, do not hesitate to use it as it is valid for a limited time (only 3 months).

The right to housing is guaranteed by the Constitution of the Russian Federation, Article No. 40. The prerequisites for being placed on the waiting list for social housing are: low-income citizens and those in need of housing.

You will need

• -passport
• -birth certificate
• -marriage or divorce certificate
• -documents on benefits
• -documents recognizing families in need of housing
• -documents on the right to property ownership

Instructions

Those in need are:
- citizens who are not employers and owners, whose members also do not have housing;
- citizens whose living space is less than the registered one;
- living in premises unsuitable for habitation;
- when living with chronically ill people and having no other housing.

Citizens who have been on the waiting list for more than 15 years have the right to priority housing.

The following are entitled to priority housing:
- orphans, children without care;
- persons injured at the Chernobyl nuclear power plant;
- residents of dilapidated and;
- veterans of the Great Patriotic War;
- single mothers;
- families in which twins were born.

The area of ​​housing provided is established by local governments.

You need to go to the district administration. To write an application.

Provide all necessary documents.

In a week you will be given an answer about registration or refusal.

All citizens who have the right to receive housing out of priority are provided with a separate queue.

Buying real estate is a very expensive and responsible event. The purchase and sale transaction and registration of property rights must occur in accordance with the law regulating the purchase of real estate. You must choose and inspect not only the one you like and the one that is suitable for the price and area real estate, but also inspect the package of documents that the seller has.

You will need

• - passport of all participants in the transaction
• - notarized permission to sell from all owners
• - an extract from the house register and a certificate stating that all registered persons have been discharged
• - cadastral passport for the apartment and an extract from it
• - cadastral passport for the land plot
• - title documents
• - extract from the personal account
• - contract of sale
• - act of acceptance and transfer
• - receipt of payment of the state fee for registration

Instructions

There must be a certificate stating that all persons registered in the living space have been deregistered and no one is registered in the living space being sold. If this is not the case, and the real estate seller says that someone will check out later and there is no place for him to register at the moment, then you will get additional problems. Because in some cases, a person can only be discharged through the court.

Ask to show an extract from your personal account that there is no debt for utility bills. To complete a purchase and sale transaction and register property rights in accordance with the law, these documents are sufficient, but for your peace of mind and confidence, you need to ask the seller to provide additional documents. These include an extract from the Unified State Register that the property being sold is not under pledge or arrest. Certificate that there is no debt for the phone. Documents that all taxes for the property being sold have been paid for all years.

After checking all the documents and being sure that they are in perfect order and comply with all the rules of sale, you can go to the notary and draw up a sales contract. If you give a deposit for real estate, then get it notarized indicating all penalties for failure to fulfill the contract on both sides. With this deposit without proper registration, problems often arise, so it is better to protect yourself from them.

It is better to draw up and sign the deed of acceptance and transfer of real estate at a notary’s office. After signing the purchase and sale agreement and the transfer and acceptance certificate, responsibility and obligations in relation to the real estate pass to the buyer.

The last step is to register ownership of real estate in the name of the buyer at the state registration center.

After registering property rights, contact the BTI with documents. They will change the name of the owner in the cadastral passport and inform the tax office that the owner has changed, and taxes will be charged in your name.

Video on the topic

The Constitution of the Russian Federation, Article No. 40 states that all citizens have the right to housing. To get a free apartment under a social rental agreement, you need to get in line. Low-income citizens who do not have housing or need improved housing conditions are put on the waiting list. To be placed on the waiting list, you must collect a number of documents and contact the district administration with an application.

You will need

• - application to the district administration
• -passport, birth certificate (for children)
• - income certificates for everyone on the waiting list
• -Act of the housing commission for 5 years
• -certificate of registration for 10 years
• -extract from the house register and personal account
• -marriage or divorce certificate
• -certificate of the value of existing property on which income tax is paid
• - certificate that there is no housing at all
• - in each individual case additional documents may be required

Instructions

To confirm that your family is low-income, you must provide certificates of income for all family members and certificates of the value of your property. Each subject of the Russian Federation has its own standards by which a family can be recognized as poor.

Families who live in dilapidated and shabby buildings may be put on the waiting list; have a documented document that they are not at all; living under the same roof with people who have diseases that are indicated in the list of the Ministry of Health of the Russian Federation; V ; families with insufficient living space for living. The required cubic capacity of living space per family member is approved in each subject of the Russian Federation.

Those who deliberately worsened their living conditions, for example, by exchanging for housing, by selling an apartment, etc. they are not put on the queue or, having learned about these circumstances later, they are removed from the queue.

There is a category of citizens who are given social housing out of turn or first of all. These include: families affected by natural disasters and as a result left homeless or in uninhabitable housing; disabled people of the Second World War and the accident at the Chernobyl nuclear power plant; single mothers; orphans; chronically ill persons with diseases that are dangerous to others; families who have been on a waiting list for housing for more than 15 years. This category of citizens is not included in the general queue for receiving a social apartment. They have a separate queue, and they receive housing when the housing stock is distributed.

Video on the topic

Sources:

• What is a social mortgage, conditions for registration and receipt

How to buy an apartment quickly and without risk? This question worries almost everyone who is interested in finding their own home. There are several ways to find suitable living space.

Instructions

The first option for quick searches is to search among friends and acquaintances. The main advantage of this type of search is the minimal cost of searching for the right one, as well as confidence in the person making the deal. However, it is not uncommon for acquaintances to abuse their trust. The disadvantages include the lack of a wide range of acquaintances with sellers for most people.

The second option is an independent search. Buy newspapers with advertisements, search through Internet search databases, look at the options offered. The wide coverage of proposals and savings in material resources are a definite plus. But in this case, there is a high probability of running into a swindler. Also, this search method requires a huge amount of time spent.

To achieve your goal, that is, to quickly acquire living space, you can also contact the company. Almost all major cities have such agencies. Such companies help you save time and give you confidence in your choice. The search for an apartment will begin immediately after contacting the company. The agency will select for you various options that best suit your requirements. The next step is to enter into a preliminary agreement with the seller. After the agreement is concluded, the agency will conduct several inspections to ensure the “cleanliness” of the apartment. Don't neglect this procedure. Once the firm determines that there is no risk, it is time to trade. To purchase real estate, you must enter into a purchase and sale agreement. Now all you have to do is accept the apartment from the former owner.

Of course, it is cheaper to find an apartment through friends, but experts advise entrusting the choice of real estate to professional agencies. This will help you reduce the transaction time and relieve yourself of the obligation to participate in tedious negotiations.

Video on the topic

In Russia, until 2008, the federal program “Mortgages for Young Families” was in effect. During the existence of this program, many young families purchased new housing with its help. The program was suspended as a result of the 2008 financial crisis. The second stage of implementation of this mortgage program, which began at the beginning of 2011, will last until 2015 inclusive.

Instructions

The program participants are young families. The age of the spouses should not exceed 35 years. In addition, a single-parent family of one parent, whose age must be no more than 35 years, can also become a participant. If you meet the stated conditions, you can safely take part in the program.

So, in order to participate in the program, you need to submit the following documents to the local government at your place of permanent residence: 1) an application in 2 copies; 2) identification documents for each family member; 3) marriage certificate (if single-parent family, not required); 4) documents confirming that your family needs housing; 5) documents confirming that your family is solvent in order to pay the estimated cost of housing in excess of the subsidy amount; 6) information about the financial personal account and an extract from the house register.

Can pensioners be evicted from their living quarters? Yes, the legislation provides for such a measure for older people, but only the court considers each situation separately, guided by.

Pensioners belong to the category of people less protected socially. Legislation protects the interests of elderly people. First of all, who are pensioners? These are men 60 years old, women 55 years old. However, there is also a special category - military pensioners. For them, age does not matter; persons with 20 years of military service can apply for a pension.

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The release of housing by pensioners depends on the legal nature of the premises:

• municipality on the basis of a social rental agreement;
• own or official housing;
• dormitories.

Despite the protection of the housing rights of pensioners, the general grounds for vacating premises also apply to them:

1. Expiration or termination of the tenancy agreement.
2. Debt for housing and utility services.
3. Damage to a home or residential building.
4. Failure to respect the rights and interests of people living nearby.
5. Use of the home for purposes other than residential purposes.
6. Change of property owner.
7. Long-term absence of more than one year from the registered address.
8. Willful occupancy of housing.

Consequently, violation of the rules of residence may serve as a reason for vacating the home.

The issue of vacating housing owned by other persons is considered differently. If a pensioner is not a co-owner of the property, then if he loses his status as a family member, he is subject to resettlement without being provided with other premises. If a pensioner refuses privatization actions in favor of another participant, he acquires the right of lifelong residence.

Sobyanin’s sensational idea to evict pensioners from Moscow had many negative consequences, including picketing. According to Sobyanin himself, any words and information can be turned around. He retracted his words. But whatever the words, they caused a flurry of condemnations and protests against him.

The legislation in Russia applies to all categories of people of retirement age, regardless of the region of residence, Moscow or Tver, it does not matter. Moscow is a good region for black realtors.

People of retirement age are usually single, this attracts dishonest businessmen. After working with them, pensioners find themselves homeless or given a shack to live in. Thus, people who have earned a corner of housing may find themselves on the margins of life.

Eviction of pensioners without provision of housing

Persons who have reached retirement age are citizens of the Russian Federation like others. If they fail to comply with housing legislation, they are subject to resettlement on a general basis without providing housing.

These reasons are:

Failure to respect the rights and interests of persons	living nearby.
Use of the dwelling other than for living,	but for other purposes.
Causing significant damage to residential premises	or building structure.
Eviction of temporary	tenants.
Removal by new owner	former family members.
Long periods of absence	at the registration address.
Appeal of collection on housing,	which is pledged to the bank.
Relocation of a pensioner	as a former member of the owner's family.
Levy on property of a pensioner	By the tribunal's decision.

However, at the court hearing on the issue of vacating the home, it will be necessary to present strong evidence of guilt. For example, violation of the interests of neighbors must be confirmed by documents, police reports, and complaints to government agencies.

Causing harm must be on a large scale. For example, as a result of illegal redevelopment of a house, the load-bearing wall of the building was damaged, which resulted in repair work and caused material damage. This may be the conclusion of an expert commission.

For real estate that is on loan from a bank, it does not matter whether the person is a pensioner or not.

Eviction of pensioners with provision of housing

Unlike ordinary citizens, persons of retirement age cannot be evicted from real estate for official purposes without providing other housing, but subject to their registration as those in need of improved housing conditions and without personal living space.

Also, when moving out of hostels, pensioners are allocated similar housing at the rate of 6 square meters. m per person ().

Vacation of a home is carried out on the following grounds:

1. The house has fallen into disrepair and is subject to liquidation.
2. Transfer of a residential building to non-residential by decision of the competent authority.
3. Complete reconstruction or overhaul of the building.
4. Debt for housing and utility services.
5. The resettlement of citizens of retirement age occurs in compliance with sanitary norms for each person and technical standards.

Can a pensioner be evicted from a service apartment?

Service housing is provided for temporary use depending on the type of activity. The activity may be related to work at an enterprise or service in government agencies or the army.

In most cases, this is the provision of special-purpose housing to military personnel after three months of service. Due to the type of activity, army employees may serve in a region where they do not have their own home, so the command allocates premises for living in military camps of a departmental nature.

This could also be special-purpose housing for teachers and doctors during their work period. A prerequisite for the provision of such housing is need.

If the main tenant purchased the dwelling for personal use, then he must vacate the official use. Departmental housing cannot be privatized.
To the question: Can a pensioner be evicted from a service apartment? They cannot give a definite answer.

Pensioners and personal pensioners are resettled in compliance with sanitary and technical standards.

Special-purpose housing is released without providing other housing if:

Legal practice shows that during judicial proceedings on the issue of vacating dormitories, important issues are clarified:

• whether this premises belongs to the category of dormitories;
• the applicant is the landlord and owner of the building;
• what permission is available for the settlement of citizens;
• presence or absence of a warrant;
• grounds for concluding and terminating an employment agreement.

Many pensioners living in dormitories were allocated premises even before the new housing code came into force, which was interpreted by the new owners in their own interests.

The Plenum of the Supreme Court of the Russian Federation gave a clear explanation on this issue in Resolution No. 14 and instructed the courts to pay attention to the social vulnerability of pensioners.

Based on Art. 103 of the Housing Code of the Russian Federation, it is not allowed for pensioners to move out of hostels without providing other housing.

Is it possible for pensioners to be evicted by relatives?

Resolution of the Plenum of the Supreme Court No. 14 on the issue of resettlement serves as a deterrent to criminal or legal actions against the personality and rights of citizens.

Conclusion

The right to housing is guaranteed by the Constitution of the Russian Federation. This is an important social norm of human life. Conflicts in the field of housing between citizens, as well as between individuals and enterprises or authorities, are one of the hottest topics in litigation.

Despite the fact that the Supreme Court of the Russian Federation adopted recommendations on resettlement problems, there is no regulated practice of application. Pensioners and children, weakly protected segments of the population who require not only protection of rights by the state, but also protection of housing interests.

The judicial authorities, even if there are reasons for evacuation without the provision of living space, will proceed from the interests of the defendants in the case, providing deadlines for eliminating violations and eliminating the consequences, as well as installment payments for debts for services.

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There is still the concept of specialized housing, which is used by organizations to accommodate employees. This was especially used in the past to attract good specialists to work. The same housing is always allocated to military personnel or civil service employees. These include deputies of various levels, public sector employees, as well as specialists who are needed by an organization or enterprise. The move-in and eviction of such citizens from a service apartment is regulated by law.

The basis for obtaining a service apartment is an employment contract with an organization, institution or educational institution, in connection with work activities, service or study. This housing, as a rule, belongs to the municipality or state, which leased the enterprise, and they, in turn, transfer the housing under a sublease agreement. Under this agreement, payments for utilities and payment for the maintenance of residential premises are made. The lease agreement and the employment contract are concluded simultaneously. By law, official housing must be a separate object, that is, represent a separate apartment or house; it is not allowed to allocate separate rooms in apartments for official housing.

Responsibilities of a resident in a service apartment

The tenant of a service apartment enters into an agreement in which he can include all family members, but he is responsible for paying for housing.

Among other things, the tenant is obliged to fulfill the living conditions:

• use housing only for living;
• do not re-equip technical communications without the permission of the lessor;
• pay utility bills on time;
• maintain order in the house.

When leaving the apartment, return it in proper condition. If changes have been made to the residential premises, you must correct them at your own expense, otherwise the apartment will not be accepted based on the delivery certificate.

The contract is concluded for the duration of the employment relationship, upon termination of which the lease agreement is terminated. The former employee loses the right to it, as well as members of his family, including minor children.

When can you be evicted from official housing?

Service housing is allocated to employees if they do not have other housing at their place of work or service. Therefore, according to the law, there are grounds for eviction:

• termination of an employment contract that stipulates a period; if the contract was open-ended, the landlord is obliged to give three months’ notice of eviction;
• termination of the employment contract of one of the parties;
• if living conditions have changed, that is, an apartment has been purchased or inherited.

For his part, the tenant can evict former family members from the service apartment, which he received for himself and his family during a divorce. In such cases, eviction is carried out in court.

Exceptions for which you cannot evict

The legislation provides for several exceptions when citizens cannot be evicted from official housing. If within three years after the termination of the employment relationship the organization has not filed a lawsuit for eviction, such tenants cannot be evicted, even the court will not accept the claim due to the statute of limitations.

Eviction is not permitted if the official residential premises or dormitory were transferred to the management of the municipality during the reorganization of the enterprise. The employee must have worked for at least ten years at this time.

If service housing was received before March 1, 2005 (the adoption of a new housing complex) and citizens are in line to improve their housing conditions, they cannot be evicted without providing other housing under a social tenancy agreement.

Employees who have become disabled as a result of working at an enterprise, as well as their family members, cannot be evicted without providing new housing.

Old-age pensioners are not evicted from company housing if they have worked at the enterprise for more than ten years.
Family members of military personnel or law enforcement officers are not evicted from service apartments if they died in the line of duty.

Orphans are not evicted if their parent died at the enterprise.

Eviction from dormitories

Eviction from hostels is most often initiated by new owners when the enterprise transfers to a new legal entity. For the right to dispose of property, they go to court with a claim. All this is done legally. However, the residents file a counterclaim for the right to use housing, and refer to articles of legislation according to which such a transfer of housing to another owner has subjective reasons. In courts, such cases are usually decided in favor of residents. The main thing in such a controversial matter is to have a good lawyer who understands housing legislation and knows the plenums of the Supreme Court on housing issues.

Privatization of service housing

Previously, after working for ten years at an enterprise, it was possible to privatize a service apartment, but with the permission of the landlord. Now it is practically impossible to do this, since now the organization does not issue a warrant for housing, but enters into a lease agreement, which does not stipulate the conditions for privatization of the apartment. The legislation does not stipulate the procedure for transferring official housing into ownership, so landlords draw up an agreement in such a way that there is no right of privatization. The employment contract is terminated along with the termination of the employment contract.

Eviction by court

Upon termination of the employment contract, the owner has the right to demand that the tenants vacate the residential office space. However, citizens do not always want to voluntarily leave their homes; sometimes they simply have nowhere to go or simply do not want to. Since this is a housing dispute, the case is heard only in a court of general jurisdiction. The plaintiff files a lawsuit in which he asks to evict the tenants through the courts on certain grounds. It is indicated in the application. This could be termination of employment, arrears in paying utility bills, or violation of the rules of residence. In turn, the defendant may file a counterclaim in this case. They will be considered simultaneously, since they relate to one controversial case, and the requirements are opposite.

Documents for court

Certain documents must be attached to the application:

• Identification documents for each party;
• residential lease agreement;
• an employment contract with the company on the basis of which the move-in took place;
• certificates confirming the right of residence and many others.

Only a lawyer can compile a complete list of documents after reviewing the case. For example, the documents will be different for the regions and for Moscow, since each subject can draw up its own list, which does not contradict the law of the Russian Federation. The court hears claims and makes a decision. It may be in favor of the plaintiff or the defendant, but if two claims are being considered, then the decision may be partial on each claim. If a positive decision is made in favor of the plaintiff, the defendant faces eviction; the only thing he can do is appeal the decision to a higher court.

A citizen can defend his rights even in the Armed Forces of the Russian Federation. If you do not want to leave your home, the court resorts to the services of bailiffs. The eviction takes place forcibly, in the presence of witnesses, and the defendant will first be notified of the day the executors will arrive. In the absence of the tenant, they will open the front door and take out all the things, for which they will make an inventory and send them for storage at the expense of the defendant. If we take the problems of living and eviction from service apartments in Moscow, the peculiarity here is that housing in the city is expensive and there is no desire to leave the capital. Even the heads of various institutions are trying to retain official housing, trying to privatize it in the future.