Eviction from official housing with a minor child, pensioner and military personnel

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When applying for a job in government agencies, an employee is given the opportunity to live in official housing by registering. Moreover, in the event of termination of the employment agreement, he is obliged to leave the government-owned living space. Let's consider the main nuances of discharge in such a situation.

Features of the procedure under the law

It’s worth clarifying right away that a service apartment (house) belongs to a specialized housing stock, the procedure for registration and check-out from which is regulated by Section 4 of the Housing Code of the Russian Federation.

Occupancy is carried out on the basis of a rental agreement for such premises. In this case, one party to the agreement is the owner represented by the state (landlord), and the second party is the employee (employer) (clause 1 of article 100 of the Housing Code of the Russian Federation).

Eviction from official housing can be issued on the following grounds :

In case of dismissal of a citizen who was in labor relations with the state;
If the employer fails to comply with his obligations (failure to pay utilities, causing damage to government property, misuse, violation of the rights of neighbors);
If the employee has purchased his own apartment and wants to move into it;
Destruction of office living space, etc.

There are two options for deregistration: voluntarily or through the court at the request of the landlord.

Reasons for eviction

There are cases in judicial practice when a person is evicted from official housing even before the termination of employment relations with the employer. But there must be good reasons for this. The grounds for citizens to vacate government housing may be:

initiative of the owner of the living space, if it was put into operation for an indefinite period;
a change in the living conditions of an employee living in an apartment allocated to him (he bought or was given another living space, received an inheritance, etc.);
relocation due to marriage or divorce (the employee got married and moved in with his/her spouse);
change in the degree of relationship (if an employee who was allocated an apartment where he lived with his spouse and his parents divorced, as a result of which these people became former relatives for him, he has the right to demand that they move out of the apartment);
recognition of the house as unsafe and subject to demolition;
use of residential real estate other than for its intended purpose;
the presence of significant debt for non-payment of utility bills;
gross and systematic violation of the rules and regulations for the use of residential premises;
change of owner of residential premises of a specialized fund;
end of employment relationship.

What to do if you encounter this?

The further plan of action depends on whether the citizen agrees with the extract or not. There are two possible scenarios here:

1) If an employee believes that his eviction from official housing is contrary to the law, then he has the right to appeal the owner’s decision in court.

To do this, you should carefully prepare by collecting a serious evidence base. It is best to entrust such a matter to an experienced lawyer. In court, you can refer to the following circumstances :

Proper fulfillment of one’s duties as an employer (present all receipts for payment of services, collect positive feedback from neighbors, etc.);
You can talk about your difficult financial situation and the lack of another place of residence;
Declare the presence of a small child, etc.

There are no absolute guarantees that the court will satisfy the claim. Much depends on the circumstances of a particular case. However, as judicial practice shows, often the difficult financial situation of the plaintiff is taken into account and he is granted a deferment.

You may find the following information interesting: rules and features of eviction from a hostel.

2) If the employee does not have any claims against the employer, then his further actions should be aimed at obtaining registration in another place. This obligation is enshrined at the legislative level. Failure to comply will result in administrative liability.

In Part 1 of Art. 6 of the Law of the Russian Federation dated December 28, 2013 No. 387-FZ states that a citizen must register no later than 7 days from the moment of arrival in another apartment (house) for further residence. If there is no registration, the violator faces a fine of 2-3 thousand rubles (Clause 1 of Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation).

Can they evict if there is no other apartment?

The law does not prohibit the discharge of a person who has no other place of residence. The owner in this case does not bear any responsibility. He has every right to evict a former subordinate from the official housing.

At the same time, in paragraph 2 of Art. 103 of the Housing Code of the Russian Federation lists several categories of citizens who cannot be evicted from government premises without providing something similar in return . These include:

Families of military personnel (employees) who died or disappeared while performing their duty to the state;
Elderly pensioners;
Close relatives of the deceased employee to whom the service apartment (house, premises) was transferred;
Persons with disabilities of groups 1 and 2 acquired while performing labor functions in a specific government institution;
Children whose parents have died or do not fulfill their parental duties.

This right can only be exercised if there is no other place of residence.

Discharge with a minor child

It was noted above that a service apartment is issued to an employee for the period of work in a specific government agency. At the same time, he has the right to live in it with his close relatives, including a minor child.

At the end of the employment contract, the citizen must leave government housing along with his young children. The legislation does not contain any prohibitions in this regard (with the exception of orphans and children left without parental care).

You can also find out whether a minor child can be discharged from an apartment to nowhere by reading here.

The following documents will be required to discharge a child::

Statement.
Children's passport or birth certificate.
Identity card of father and mother.
Papers for a new living space (purchase and sale agreement, social tenancy, etc.).

It is worth noting that a minor must be immediately registered in another place, since they cannot remove him from the registration register “to nowhere.” There are often cases when a tenant with young children petitions the court to postpone eviction from a service apartment until new housing is found.

Arbitrage practice

Consideration in court of disputes regarding the cancellation of registration in government property is a fairly common occurrence. As an example, we can cite several real-life court cases.

In 2011, the leadership of the municipal municipality "***" of the Leningrad region filed a lawsuit in the Vsevolozhsk City Court against L.E., L.G. and L.A., living in a government apartment, which was issued to E. for the duration of the employment contract. Claim requirements:

Recognize the loss of the right to use this apartment.
Evict the former employee and her family from the official living space and deregister them.

Grounds for filing the claim: dismissal of L.E. Court decision: request to evict L.E., L.G. and L.A was satisfied. The rest of the plaintiff's claims were rejected.

Citizen L.E. expressed disagreement with the court ruling. She sent a cassation appeal to the Leningrad Regional Court with a request to cancel this decision. At the same time, she justified her position by the fact that there is no direct rule in the Housing Code of the Russian Federation indicating the need for eviction from official living space in the event of termination of an employment contract with an employee.

Having considered the complaint, the Leningrad Regional Court issued the following ruling (dated October 26, 2011 No. 33-5254/2011):

Leave the decision of the Vsevolozhsk city judicial body unchanged.
The requirements set out in the complaint are not satisfied.

As a justification for this decision, Part 3 of Art. 104 of the Housing Code of the Russian Federation, according to which the rental agreement for office space is concluded for the period of the employment relationship. It follows that dismissal is a legal basis for eviction from government housing .

You can read more about judicial practice on the issue of eviction from an apartment in a special article prepared by our editors.

In 2020, the management of State Unitary Enterprise “***” filed a claim with the district court of St. Petersburg for the eviction of K.A., K.V. from the service apartment. and their minor daughter K.I. This living space went to them as employees of a state enterprise. At the same time, in the rental agreement it is registered in the name of the head of the family (K.A.).

The basis for the claim was the fact that the husband terminated his employment contract with a government agency and moved to another job. Representatives of the State Unitary Enterprise "..." told the court that notices to vacate the apartment were repeatedly sent to the tenant. However, it was not possible to reach a consensus, and the management of the enterprise decided to go to court.

In turn, lawyer K.A. and K.V. noted that the family is in a difficult financial situation and has a young child. In addition, he drew the court’s attention to the fact that the wife (K.V.) remained at her previous place of work and applied for housing from the company.

As a result of the consideration of the case, the judge took into account the difficult situation of the family and decided to postpone the eviction of K.A., K.V. and K.I. for 6 months.

Eviction procedure

The eviction algorithm is not fixed at the legislative level. It is subject to the general rules of claim proceedings only with some features.

Pre-trial dispute resolution procedure

Since eviction is a non-voluntary vacancy procedure, the owner of the apartment should obtain evidence that the tenant does not want to move out, despite the loss of grounds for use.

The tenant must be notified of the need to leave the premises. This obligation is contained in Art. 35 of the Housing Code of the Russian Federation. The notice is made in simple written form, delivered in person or sent by mail. The notice must indicate the period after which you must move out of your home. The period must be sufficient and reasonable, for example: “I request you to vacate the occupied residential premises within 7 days from the receipt of this notice.”

Judicial review of the case

The dispute falls under the jurisdiction of the district court. The owner’s representative prepares a statement of claim, to which the following documents are attached:

grounds for the emergence of the right to residential premises (order, contract, agreement, etc.);
grounds for loss of the right to use residential premises (change of owner of housing, termination of an employment contract or contract, etc.);
information about non-compliance with the voluntary dispute resolution procedure.

Three years from the date of occurrence of the violation are given to a person or organization to go to court (general statute of limitations). After this time, the court may refuse to satisfy the demands, even if they are legal. However, this period is not applicable to cases of eviction from official housing, since illegal residence in official premises is of a continuing nature. This verdict was made by the Supreme Court of the Russian Federation during a scrupulous study and analysis of judicial practice.

In cases of eviction, a prosecutor is involved, who gives his opinion on the legality (illegality) of making such a decision.

Having considered the case materials, the court makes one of the following decisions:

evict a tenant without providing alternatives;
evict the tenant with the provision of other housing;
recognize the owner's claims as illegal.

The court decision does not come into force immediately; the parties are given the right to appeal it.

Failure to comply with a court decision voluntarily gives the owner the right to contact the bailiff service to implement the eviction procedure directly “on the spot.”