Dmitry Nikitenko 02/13/2017
Disputes about eviction from official housing are a common category of cases in judicial practice in the Republic of Belarus.
Official residential premises are residential premises intended for the residence of citizens during the period of labor relations and provided under the terms of a rental agreement for official residential premises.
Lawyer for housing cases in Minsk : 220052, Minsk, st. Gursky, 46, office. 310 (Mikhalovo metro station) tel..
Eviction from a service apartment without provision of other housing
Employees and citizens living with them are evicted from official housing in the event of termination of their employment relationship with the employer. In the event of a refusal to vacate the official residential premises, the employee is evicted in court according to a claim for eviction from the official residential premises.
Discharge from official housing in court without the provision of other premises is possible on the following grounds:
- Citizens living in official residential premises are subject to eviction, except for the case if one of the adult family members of the tenant of the residential premises living together with him is in an employment (official) relationship with the landlord and, due to the nature of his work, he can be provided with official residential premises in in the event that the tenant receives (purchases) office residential premises in a given locality of another residential premises with a total area of fifteen square meters or more (in the city of Minsk - ten square meters or more) per person, meeting the sanitary and technical requirements established for living;
- in the event that the tenant of a residential premises under a contract for the rental of official residential premises of the state housing stock has died (declared dead, declared missing by the court), members and former members of his family are subject to eviction if they own residential premises in a given locality with a total area of fifteen square meters or more (in the city of Minsk - ten square meters or more) per person, meeting the sanitary and technical requirements established for living, or upon expiration of the lease agreement for office residential premises of the state housing stock concluded with them;
- If the tenant of a service residential premises leaves for his place of residence in another locality or other residential premises in this locality, members and former members of his family are subject to eviction. The statute of limitations does not apply to demands for eviction of such citizens. This rule applies to members, former family members of the tenant of official residential premises under a contract for the lease of official residential premises of the state housing stock, who moved to their place of residence in another locality or other residential premises in this locality after April 8, 2006.
Notice of eviction from an apartment for non-payment
This is a letter written by the utility company or the landlord.
It is sent to the debtor as part of the pre-trial procedure for resolving disagreements.
Having received it, the debtor can be sure that the case will go to court.
You should contact the sender and try to agree on ways to repay the debt. It is possible that he will be offered debt restructuring.
Whether they can be evicted from an apartment for non-payment of utilities, read the article: eviction from an apartment for non-payment of utilities. Read about eviction from a mortgaged apartment with children here.
In what cases do they send
If you fail to pay money for housing or utilities for a period exceeding 6 months, in the absence of valid reasons.
The legislator in Art. 90 of the RF Housing Code affirms this basis precisely in this form, that is, it provides for the simultaneous fulfillment of each of its conditions.
The letter is evidence of compliance with the pre-trial procedure for resolving disagreements.
This is what the court may require when filing a claim against the debtor.
Mandatory information in it
The notice must contain information about the company that sent it.
The data must reflect the name, legal form, address and contact information.
Information about the debtor himself is also indicated. The main text contains information related to the essence of the violation.
Usually the articles of the Housing Code are listed, the provisions of which were ignored by the debtor.
The notice indicates the amount of debt that must be repaid by the employer and the timing of the payment of these funds.
It also contains information about the details for their transfer.
In conclusion, the employer is informed of the consequences of his further inaction - failure to make payments on the debt.
Nuances when delivering to the evicted person
To file a claim in court, the plaintiff must have evidence of compliance with the pre-trial procedure for resolving the dispute.
He must confirm that the eviction notice was received by the defendant. Usually, it is handed over personally to the employer against signature.
In this case, the debtor will be asked to put his signature with a transcript and the date of receipt on the copy of the notice.
Another option is sending by mail. The letter must be registered.
In this case, it will be delivered by an employee of the Russian Post, and the debtor will put his signature on a special spine.
Eviction from service housing with time limits
Article 118 of the Housing Code of the Republic of Belarus provides for cases when, after the loss of the right to own or use residential office premises, temporary rental agreements are concluded with certain categories of citizens, upon the expiration of which the persons are subject to eviction without the provision of other residential premises:
- for a period of up to three years, if the tenant of the residential premises under the contract for the rental of official residential premises of the state housing stock has died, an agreement for the rental of official residential premises of the state housing stock for a period of up to three years is concluded with one of the adult family members of the tenant of the residential premises who lived together with him ;
- up to ten years, in the absence of family members of the deceased (declared dead, recognized by the court as missing) of the tenant of the service residential premises of the state housing stock, who lived together with him, in the ownership of residential premises in a given locality with a total area of fifteen square meters or more (in in the city of Minsk - ten square meters or more) per person, meeting the sanitary and technical requirements established for living, a rental agreement for office residential premises of the state housing stock can be concluded with one of them on the grounds provided for in paragraph 5 of Article 118 of the Housing Code;
- when a tenant of residential premises is transferred under a contract for the rental of official residential premises of the state housing stock to work in another locality with the provision of official residential premises to him, including when he is elected to an elective position in a state body, the official residential premises at his permanent place of residence may be retained for him at the written request of the employer for a period of no more than three years (in the case of a tenant of office premises leaving for temporary residence in another locality in connection with his election to an elective position in a government body - for a period of no more than four years).
How to convey a notice, warning, demand
Drafting a warning, demand and notice is not difficult in itself. It is more difficult to transfer the document to the residents in such a way that they will not be able to claim in court that they did not receive anything. There are several ways to do this.
Telegram
This method is most often used if the disputed apartment is located in another city. The owner of the apartment comes to the post office, draws up the text of the document and certifies a copy of the telegram, sending it with notification of receipt.
Ordered letter
Must be sent by mail with a mandatory return receipt and a description of the contents. The inventory is compiled by the postal employee (in two copies) who receives and issues the registered letter. One copy of the inventory is delivered along with the letter to the tenant, the other remains with the owner of the residential premises.
This is important to know: Division of a mortgaged apartment: judicial practice
Personal delivery of the document
In this case, the owner must prepare two identical copies of the document. On one of them the tenant will have to write his personal information and sign.
If, in the presence of witnesses, the tenant refuses to receive the paper, they record the refusal to receive it on the second copy, fill in their passport information and sign.
Drawing up and transmitting a warning, demand or notification to the tenant is a troublesome and quite complicated procedure. If you do not have special legal knowledge, you can easily make a mistake, violate the procedure, or perform some actions not in the order required by law. All this will delay the eviction.
You should not rely on your understanding of the situation, on tips from neighbors and friends, unless, of course, they are lawyers on housing issues. Drawing up a document together with a competent lawyer will significantly increase your chances of a positive outcome in the litigation.
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Citizens who are not subject to eviction from a service apartment without the provision of living quarters
They cannot be evicted from service residential premises of the state housing stock, provided before April 8, 2006, without the provision of another residential premises of standard consumer qualities that meet the requirements of paragraph 3 of Art. 84 Housing Code of the Republic of Belarus of this Code, with the exception of cases provided for by legislative acts, tenants of service residential premises of the state housing stock:
- who have become disabled as a result of injury, contusion, mutilation, or occupational disease received during the performance of production or official duties;
- have worked for at least ten years in the organization that provided office housing (regardless of its ownership);
- dismissed due to the liquidation of the organization or reduction in the number or staff of employees;
- those who have fallen ill and have suffered radiation sickness caused by the consequences of the disaster at the Chernobyl nuclear power plant, other radiation accidents, disabled people for whom a causal connection has been established between an injury or disease that led to disability, with the disaster at the Chernobyl nuclear power plant, and other radiation accidents;
- who are disabled during the Great Patriotic War and disabled during combat operations on the territory of other states;
- who were participants in the Great Patriotic War;
- who are veterans of military operations on the territory of other states; are disabled people of group I or II;
- entitled to a labor pension based on age (including on preferential terms) and for length of service.
In accordance with Article 221 of the Housing Code of the Republic of Belarus, provided that official housing was received before April 8, 2006, family members will not be subject to eviction from official housing without the provision of other living quarters:
- deceased (died) employee, military personnel who were provided with official living quarters;
- military personnel and partisans who died or went missing in defense of the former USSR, the Republic of Belarus or in the performance of other military service duties, who were provided with official living quarters.
Eviction from official housing by court is a last resort measure, which is used only in cases of citizens’ refusal to vacate the official premises.
