Can the owner be evicted from a privatized apartment for rent arrears? Can an apartment be taken away due to debts on utility bills? Housing and communal services will take away apartments for debts.

Recently, the Ministry of Justice proposed to make a number of changes to the Civil Procedure and Family Codes, as well as to the law on enforcement proceedings. If the amendments are approved, citizens who evade repayment of debts will be deprived of their property, regardless of the fact that it is the only one. Apartments, houses, and land plots that are in common ownership can now easily be taken away, even if your family has no other living space.

If the executors' request for confiscation of property is approved, it will go to auction. The proceeds from the auction will be used to pay the debt, enforcement fees and court costs. To prevent debtors from becoming homeless, they will receive funds to purchase a minimum area for each resident of the apartment. Even if the amount received from the sale of property is not sufficient to repay the debt, in any case funds will be allocated for the purchase of new living space.

The apartment will be taken away, but housing will be given

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The Ministry of Justice has made proposals for the confiscation of property whose area is twice the standard. Consequently, a debtor who does not make payments on debt obligations will be deprived of his apartment, in return receiving the difference from the sale. There is currently a lively discussion of this bill.

What's possible today

At the moment, the law we mentioned is not yet relevant, but the law of Art. 1 is in force. Housing complex of the Russian Federation. It does not give the executive service the right to deprive the debtor of his last property if it is not acquired on a mortgage. This also applies to land plots. At first glance, the law seems humane. But its disadvantage is that there are many debtors who do not pay their debts without good reason and live in large houses.

For example, there is a family that owns a huge cottage in a good area and has a huge yard the size of a football field. The head of this family is maliciously evading payment of alimony, while he has an overdue loan for expensive purchases. Under current law, such a family cannot be forced to sell property to pay off the debt. But, if the apartment has a mortgage, then the bailiffs will easily take it away.

What will change after the bill is passed?

The Ministry of Justice's proposal is to sell the only real estate or land to pay off the debt. If a person owes alimony, does not make payments on a loan, or does not pay fines for an accident, the bailiffs initiate the confiscation of the citizen’s last property.

If a person lives in an apartment whose area exceeds the norm and has a large plot, then, according to a new law that has not yet entered into force, the bailiff has the right to take away the property for subsequent sale.

If a citizen divorces his wife and has a common share of real estate with her, but does not pay alimony, the court will decide to confiscate the share of real estate in favor of the wife. He will not focus on the fact that the ex-husband has no other property. If his share is sold, the spouse will receive minimal financial assistance for the purchase of living space.

Will they be evicted from the apartment first?

Confiscation of the only property will be carried out if the debtor has no other ways to repay the debt. If the bailiffs are sure that the debtor has neither money nor other property, and the amount of salary he receives is too small, then the property will be confiscated with subsequent sale and purchase of the minimum amount of real estate due to the debtor or his family.

How will collection be carried out?

Creditors or bailiffs will file a petition with the court. During its consideration, the debtor will not have the right to sell his apartment or register relatives in it. Within two months, the court will consider all materials on the debtor’s case, hear the arguments of both sides and render a verdict. It will specify the minimum amount that the debtor can receive in hand after the sale of his property to purchase a new home. Even if the sale of the apartment does not cover the debt, the citizen will be given the amount needed to purchase real estate according to the minimum standards.

After the decision on confiscation, the apartment is under arrest. Within a week, the creditor receives an offer to purchase it at a price that was regulated by the court and based on expert assessments.

The funds received go to pay off the debt, and the difference is transferred to the debtor. Again, we repeat that no matter what amount of debt a citizen has, he will in any case receive funds sufficient to purchase the minimum area, taking into account each family member.

The apartment must be sold within ten days; if this does not happen, it is put up for auction again at a similar price. If it is not bought again, then the property is put up for sale again within a month. After the sale of the apartment, residents must vacate the premises within 10 days.

What if the apartment is not sold?

It is impossible to reduce the price of an apartment. Its sale is carried out only at the price indicated by the experts. If the auction for the property is unsuccessful, the living space will be returned to the owner and a new attempt at sale is possible only after a year. This period will be calculated from the date of the last trading. No one will bother you for a whole year.

Who sets the space standards for a family?

Each region sets its own standards. For example, in Moscow, for a family of four members, the minimum norm for each person is 18 sq.m. In the Tula region the area is even less than 15 sq.m. That is, if a family of four people has a property of 70 sq.m., the enforcement service will not be able to confiscate it. If a citizen does not pay alimony to his ex-wife, and at the same time lives in a one-room apartment, the court will not be able to take it away.

Didn't pay for the TV, but they'll take the apartment

This is wrong. The court takes into account the ratio of the price of the property and the amount of debt. The executors will not be able to take the apartment if the amount of debt together with legal costs is less than 5% of the value of the property. The court will also refuse to confiscate the apartment if the compensation to the debtor upon sale of the apartment is more than 50%.

Small house but big plot of land

The Ministry of Justice provided for such a situation. The court will confiscate the land plot, leaving the minimum size necessary to maintain the house.

How to act now

The law has not yet been approved by the government. If this happens, you will have three whole months to prepare. To prevent your property from being repossessed for debts, you should:

Make a request to the bank and make payments according to schedules. Talk to the bailiffs and do not make late payments.
If you have children, register them in your apartment. So that housing standards take into account all family members.
If you have a grandmother or relative with a disability, register them in your area. The court will take this circumstance into account before establishing the living space standard.
If your share of the property according to the documentation is the property of another person who is the debtor, transfer the property to yourself. If you have a lot of debt and the apartment is yours, transfer it to your relatives.
If you are married to the debtor, you should get a divorce and divide the property so that your share is not taken into account by the court.
If you have a huge house or apartment with a lot of debt, you should sell it and move to a more modest house. Give the difference from the sale to the bank. While your property is not seized, there is time to sell the apartment at a higher price; keep in mind that the court will most likely sell it for a lower price.

Creditors go to court primarily against willful defaulters. By paying off your debts on time, you won’t have to worry about your property.

Lawyer at the Legal Defense Board. He specializes in administrative and civil cases, compensation for damages from insurance companies, consumer protection, as well as cases related to the illegal demolition of shells and garages.

Referring to the current legislation of the Russian Federation, all citizens who are owners of real estate are required to pay utility costs on time and in full (if a subsidy is not issued). Payment rules are regulated by Article 153 of the Housing Code of the Russian Federation. Accordingly, the population bears a certain administrative responsibility for non-payment and occurrence of debts. In particular, if the amount of debt exceeds a certain level (usually eighty percent of the value of the property), eviction and, in some cases, more severe measures are threatened.

When answering the question whether an apartment can be taken away for debts, it should be noted that the answer is not the same in all situations. If there are no payments within six months, such measures can indeed be taken, the debtor has the right to evict, and the property can be taken away for auction and to cover debts. Also, aggravating circumstances are taken into account, for example, use of the premises for other purposes, systematic violation of the rules of residence, infringement of the rights of neighbors. However, there are exceptions.

If the question of whether a bank can take away an apartment for debts or whether it is realistic to remain without housing for debt in an apartment received under a social tenancy agreement, the answer is clear - this is a standard procedure, then with privatized housing it is more complicated, but the outcome may be the same.

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Valid reason for non-payment

Referring to Article 90 of the Current Housing Code of the Russian Federation, debtors who do not have compelling reasons for non-payment, together with their family members, have the right to evict, taking away their housing through the court. If we are talking about social housing, nothing else is provided in return. If the privatized one is seized, the debtor is returned the amount from the sale of his apartment, from which the full amount of the debt and associated costs are deducted. What happens next is a personal matter.

Valid reasons for lack of payment may include:

Loss of employment;
Delays in payment of pensions or wages;
Illness of the payer or a close member of his family;
Maintenance of a person with disabilities, etc.

Seizure of a private apartment for debt is only possible if the debt is truly staggering, provided that this is not the debtor’s only property. However, lately there has been talk about the possibility of taking away housing, even if it is the only one, which can be found out a little further. Before this, just as in the case of municipal housing, notifications are first sent, then some housing and communal services (electricity, gas) are turned off.

If children are registered

It is difficult to evict debtors due to housing and communal services debts and take away an apartment if minor children are registered in it. In many situations this is not at all possible. Since the rights of minor citizens under eighteen years of age are carefully protected by the board of trustees, even the court will not be able to evict them without their permission.

In the case when we are talking about a municipal apartment in which a minor and at least one of his parents are registered, eviction is also impossible without written parental consent. It will be legal to evict a child if his registration in the living space is fictitious, that is, he does not actually live there. At the same time, there is also a fine for fictitious registration.

Discharge and eviction of children is possible only when they are relocated to equivalent housing or when minors are transferred to the state for maintenance. Things are somewhat different when we are talking about an apartment that belongs to a minor, but his guardians or parents have incurred a significant debt. You should prepare for a long and complex process under such circumstances, and you cannot do it without the help of a lawyer.

About legislative changes

In order to more clearly understand whether bailiffs can confiscate residential property, you should know in which cases privatized personal property cannot be confiscated at all. This applies to apartments, which are the only property of the debtors. Despite this, you should not delay solving problems that have arisen; the longer you delay, the more difficult it will be to solve them and the higher the financial costs.

Already in 2017, the Ministry of Justice is finalizing a bill that will make changes to the rules for the seizure of housing, the only property of the debtor. The requirements will be tightened, but it should immediately be noted that even after this innovation, they will not be able to take away the donated apartment or any other private housing that is the only one in the debtor’s possession.

The changes relate more to the confiscation of living space with a large area for certain offenses, for example, this will directly affect alimony defaulters. In exchange for a large area that will be sold by court decision, the offender will receive smaller housing or the amount to purchase one, depending on the square footage per person. Seizure of an apartment for utility debts will remain impossible if defaulters have nowhere to move.

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Procedure for seizure and eviction

If you are interested in such a nuance as whether a gifted apartment (donated) can be taken away, it is necessary to indicate that the same rules apply to it as to other real estate. In practice, collection of a donated apartment for debts, housing after privatization, purchased living space can only be done through the court and this measure is resorted to extremely rarely, since the amount of debt for this must be really huge.

First of all, different amounts of fines are imposed on the debtor, including banks that impose a penalty for an outstanding loan. Next, the management company, service provider organizations, and credit institutions send written demands. Fines and penalties under a banking agreement are calculated on the amount of the remaining debt and depend, in particular, on the refinancing rate.

The next measure regarding housing and communal services is their shutdown, with advance notice. However, not all systems have the right to be turned off, for example, heating bills,

Judicial procedure

A copy of the statement of claim is sent to the apartment owner as a warning, after which the debtor has time to pay the debts. If this is not done, the statement of claim will then be transferred to the court or prosecutor's office with subsequent consideration of the case. Citizens can be evicted by decision of both the court and the prosecutor. However, again, if the defaulters do not have any other living space, the bailiffs cannot take away the only apartment and evict it from the apartment for debts.

However, they can collect a debt by court decision; citizens are not released from their obligations, regardless of the circumstances, whatever the reasons for non-payment. If the defaulter does not have the money, they will either have to sell the property from the apartment for debts, or they will seize certain amounts directly from wages.

Housing legislation and other regulations provide for a variety of outcomes as a result of a case being considered in court. However, you should prepare for the fact that in addition to the amount needed to pay off the debt for housing services, you will also have to pay legal fees and associated costs. Property in the form of an apartment can be taken away for debts only on the initiative of a management company or other similar structure.

How to fix the problem

Having received the corresponding notification from the utility services, you first need to go there on a personal visit to reconcile the calculations. One way or another, inaccuracies arise from time to time, so even if there is actually a debt, its amount may actually be less than stated. Some institutions even deliberately indicate false data, hoping that the consumer will not understand thoroughly, and the excess can be written off to their accounts.

To avoid legal proceedings, as a result of which the apartment can actually be taken away, even if it was received under a gift agreement and was donated or privatized by its own mother (not inheritance), it is advisable to negotiate with the responsible organization making the claim to enter into an agreement for partial repayment of the amount. If payments continue to be made, this already indicates that the living space will not be taken away legally. Typically, the amount of debt is divided into equal parts for one year, including fines. In each region, the rules may be slightly different, but a compromise can always be found if the situation is not pushed to the limit.

In order not to actually say goodbye to your own housing, which is taken by the state for non-payment, it is important to take your civic obligations responsibly.

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Payment of utilities is the responsibility of residents of apartment buildings. However, utility workers are seriously concerned about the accumulation of debts for apartments - sometimes the amounts reach astronomical levels.

A difficult financial situation, job cuts, increased expenses - all this forces people to postpone paying for housing and communal services until better times. Hence the accumulation of debts, which are growing exponentially. The question arises, what will happen for non-payment of utilities? Can a person be evicted from an apartment?

The first thought is that they can’t, but in fact there are many pitfalls to be aware of. Let's take a closer look at the features of eviction from an apartment for housing and communal services debts.

Can a minor child be evicted from an apartment for debt?

Let's start with a common situation: when a family with a child is evicted.

Very often, large families simply do not have the financial means to pay for utilities. Most of the money is spent on food, clothing, shoes, school supplies, education, kindergarten, and treatment of the child.

Often difficulties arise, as they say, out of nowhere. For example, a family with a child regularly paid the rent, but then another baby appeared, the mother went on maternity leave, and the father was laid off from work. Or the family income is barely enough to meet subsistence needs.

The law is entirely on the side of debtors with a minor child. Most likely court refuse to evict from the apartment, and the family will be registered due to insufficient financial position. If you want to know how it happens, read our article.

Can they be evicted from a privatized apartment for rent arrears?

A feature of privatization is the transfer of municipal (state) housing into private ownership. Having become the full owner of the apartment, the owner bears expenses in accordance with the personal account, i.e. pays rent, gas, electricity, water, maintenance, major repairs, garbage removal, etc.

If the landlord has arrears for the apartment, he can be evicted (theoretically).

Reasons:

the presence of a court decision on the collection of housing and communal services debt;
no minimum payments to pay off debt;
housing is not the only thing.

A combination of factors gives the right to evict the owner of a privatized apartment due to rent arrears. But before resorting to extreme measures, the court gives time for the voluntary repayment of utility debts.

Can they be evicted from a municipal apartment for housing and communal services debts?

It is more difficult if the debtor lives in a municipal apartment.

The administration, represented by the owner, may terminate the rental agreement for residential premises in the cases provided for in Art. 83 Housing Code of the Russian Federation:

accumulation of debt for more than six months;
absence of valid reasons for non-payment of utilities.

If the debtor does not agree with the decision, the owner has the right to apply for forced eviction to the court. After the court satisfies the plaintiff's demands, the tenant will be asked to vacate the occupied living space.

Instead of a municipal apartment, they can provide a dorm room of a smaller size (for example, 6 square meters per resident).

Is it possible to evict the owner from an apartment for non-payment of utilities?

But if the owner of the apartment does not pay rent, and he has There is alternative living space - eviction is possible: the housing organization goes to court, the property is sold at auction, the proceeds go to pay off the utility debt. The rest of the money is returned to the owner's family. Residents are moving to another apartment building.

Can an apartment be taken away for utility debts?

So, we found out that theoretically, eviction from an apartment for debts to housing and communal services is possible. In practice, it is more difficult and quite rare. This begs another question: are apartments taken away because of debts to utility companies?

Is it possible to lose your home for non-payment of electricity, gas and water supply:

From a council apartment

It is impossible to take away a municipal apartment, because it initially belongs to the municipality (city authorities). But the owner retains the right to evict the defaulter.

If the employer and his family systematically do not pay utility bills for more than 6 months, the administration can evict them in court (Article 90 of the Housing Code of the Russian Federation). According to the general rules, the social tenancy agreement is terminated.

What does the term “systematically” mean? Here we are talking about long-term non-payment to housing and communal services in the absence of valid reasons.

Example:

Family of 3: grandmother, her daughter and daughter’s husband. They live in a social apartment provided to their grandmother after her retirement. The responsible employer is the pensioner. The daughter and her husband pay utilities at the rate of ⅓ per person. Let's assume that the grandmother's daughter and son-in-law stop making payments without good reason. Even if the debt accumulates through no fault of the grandmother, she may be evicted from the municipal apartment as a responsible tenant. In other words, the debt is “issued” in the name of the employer, and not in the registered members of his family (daughter and son-in-law).

The grandmother has the right to divide the personal account: pay her part herself, and assign the rest to the residents of the apartment. If this is not done, and the tenants continue to accumulate debts, eviction cannot be avoided. Separating your personal account will allow you to feel more comfortable and not depend on unscrupulous guests.

From a privatized apartment

The accumulation of utility debts leads to litigation with the housing organization. If non-payment is proven, the debtor faces serious sanctions. For example, seizure of bank accounts, inventory of property, confiscation of driver's licenses, ban on traveling abroad.

Will privatized housing be taken away? If the existing property is not enough to fully repay the debt, the bailiffs can foreclose on the debtor’s property. But practice shows that privatized apartments are not taken away for housing and communal services debts.

If the owner

The apartment owner faces eviction only in one case - failure to pay utility bills without good reason. Even if payments are made (for example, 500 rubles per month), the apartment will not be taken away.

The basis for selling property at auction is systematic, malicious evasion of payment for housing and communal services.

Again, if the owner and his family do not have alternative housing, no one will take away their only apartment (Article 446 of the Code of Civil Procedure of the Russian Federation). Bailiffs operate in a different way: they seize accounts, valuable property, shares, jewelry, jewelry.

Grounds for eviction for non-payment

Before talking about eviction of the debtor, it is necessary to establish the existence of debt. The housing authority goes to court to force collection of the debt using the SSP.

For what debt can one be evicted from an apartment?

It is impossible to determine the exact amount for which eviction from the apartment may occur. This is explained by the following: payments to housing and communal services vary depending on the region. It is impossible to establish a single, strict amount of debt. But it can be associated with a six-month deadline for non-payment of utility bills, which is the basis for eviction from a residential premises.

Example:

The tenant of the municipal apartment, Shishkin, has not paid rent for 6 months. Monthly payment for rent and utilities is 4,320 rubles. For what debt can he be evicted from his premises?

Let's calculate the amount of Shishkin's current debt using the formula: monthly payment * six months.

We get: 4,320 rubles * 6 = 25,920 rubles.

Consequently, municipal authorities can evict Shishkin for a debt of 25,920 rubles, which is equal to six months of arrears for a communal apartment. If the debt is less than this figure, eviction through the court is impossible.

Where are they being evicted?

Are the sanctions really so severe that evicted families will end up on the street without a livelihood?

Of course, if the debtor’s family is evicted, they will be provided with free living space from the municipal housing stock. Typically these are dorm rooms based on the minimum area per person. Read about the features in our article.

For example, in St. Petersburg - 9 square meters. meters per resident; in other areas the prevailing indicator is 6 square meters. meters per person. Consequently, a family of 3 people will be provided with a dorm room of at least 18 square meters. meters.

Valid reasons for non-payment

Any judicial authority begins its consideration of a case by examining the reasons for late utility payments. No court will evict a family without being satisfied that they are in debt for good reason.

Why is the family not threatened with eviction from the apartment? The list of valid reasons can be found in the provisions of paragraph 38 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 14 as amended on February 2, 2009.

Let's note the main good reasons non-payment of housing and communal services:

Retrenchment at work for reasons beyond the debtor's control.
Catastrophic financial situation in the family.
Failure to pay wages on time.
Expenses for a minor child, minors.
Serious illness of the debtor or members of his family.
Incurring disability while performing work duties or as a result of an accident.

Cannot be attributed to valid reasons non-payment of housing and communal services:

abuse of alcoholic beverages (see " ");
drug addiction;
absent-mindedness, forgetfulness of the employer, etc.

A comprehensive consideration of the life situation allows the court to establish an accurate picture of what is happening. If the reasons are truly valid, eviction is not threatened.

How to evict a defaulter from a municipal and privatized apartment?

The process of forced eviction from an apartment is not complete without the participation of the judiciary. A claim for eviction from an apartment can be filed by both the owner of the property and the housing organization.

If the amount of debt does not exceed 50 thousand rubles– according to the rules of jurisdiction, the claim is filed in magistrate's Court(Clause 5, Clause 1, Article 23 of the Code of Civil Procedure of the Russian Federation).

Claims for the total amount of debt over 50 thousand rubles are submitted for consideration district courts general jurisdiction.

It is important to have an understanding of eviction from municipal and privatized housing - there are significant differences.

What is the difference?

Residents of a municipal apartment who do not pay housing and communal services for more than 6 months are evicted and are provided with another living space. There is no need to talk about the amenities of housing. Usually they provide a room in a hostel (Article 90 of the Housing Code of the Russian Federation). But this does not mean that debtors will not have to pay utility bills - expenses are saved in the current personal account.

Owners of privatized apartments cannot participate in their own safety. This is due to the fact that they risk losing their housing due to debts to housing and communal services. Especially if the owner did not have valid reasons for non-payment (financial difficulties, treatment, minor children).

As we have already said, it is prohibited to evict from the only living space. But if the housing is not the only one, and the court finds that the debtor systematically did not pay for utilities, the privatized housing will be auctioned off. True, first the bailiffs will foreclose on the defaulter’s property.

Procedure for eviction from an apartment

The beginning of the compulsory procedure is considered to be the collection of housing and communal services debt at the pre-trial stage. Utilities must make sure that the delay is systematic.

The first stage of debt collection:

notification of the debtor about the existence of a debt (by letter or in person);
proposal for a way out of the situation: pay the debt within the next month and/or draw up an agreement on debt restructuring;
The reply is in process;
if the debtor does not make contact, utility companies go to court with an application for forced collection of the debt (starting from 2015, it is enough to obtain a court order from a magistrate).

Next comes the execution of the court order. The SSP is connected, and the debtor’s property can be used to offset the debt. At the first stage, the bailiffs do not foreclose on the defaulter’s apartment. If there is not enough property, and the debtor continues to ignore payment receipts, the utility companies go to court with a claim for eviction.

Procedure:

Notifying the debtor of possible eviction from the apartment.
Filing a claim in a magistrate or district court.
Sending documents to the court secretary.
Advocating interests at meetings.
Receiving a copy of the writ of execution.
Appeal to the bailiffs.
Voluntary or forced eviction of a debtor.

It is easier to evict a debtor from a municipal apartment, and much more difficult from a privatized residential premises (room).

You can read more about the stages, procedure and nuances in the article ““.

Documentation

Utility workers collect documents for eviction for non-payment of utilities:

a copy of the plaintiff's legal documents;
a copy of the social tenancy agreement - in case of eviction from municipal housing;
a copy of the title document – privatized apartment;
receipt of payment of state duty;
archival extract from the house register;
a copy of the protocol for violation of housing rules;
a copy of the personal account of the tenant or owner of the apartment.

An extract from a personal account helps to establish the fact of debt - the document displays when payments stopped being received, what is the current debt, and also how much time has passed?

Deadlines, limitation period

Litigation regarding eviction from an apartment can last for more than one year, especially if the debtor is the owner of the premises.

The standard period for consideration of a case is 2 months from the date of filing the statement of claim. But in practice the period increases up to 4-6 months, and in some cases takes a whole year.

The limitation period in cases of collection of housing and communal services debts is 3 years(Clause 1 of Article 196 of the Civil Code of the Russian Federation). Utility services have lawyers on their staff who handle legal collections.

If the eviction claims are satisfied, the court transfers the case to the bailiffs. The latter will offer the debtor to vacate the premises voluntarily - 5 days, and in case of refusal, they will use their powers and evict the family with their belongings.

Price

The financial costs of eviction of the debtor for non-payment of utilities are borne by the plaintiff - the housing organization (HOE).

If the case is won, utility companies shift the costs to the debtor as the losing party.

In total, the defaulter pays:

court expenses– state duty for filing a claim (6,000 rubles or based on the cost of the claim);
SSP executive fee: notifications, seizure of property, storage of belongings upon eviction from an apartment;
part of the debt- for example, from the proceeds from the sale of a privatized apartment.

As you can see, all costs are borne by the defendant (debtor). This is another reason to think about paying utility bills on time.

How to avoid eviction for housing and communal services debts?

Lawyers often accept requests from debtors asking what to do in case of eviction for utility debts? Conscious citizens are ready to compromise with the housing office, but do not know what to do in a difficult situation.

How you can avoid eviction from your apartment:

If the case is brought to court, the debtor has the right apply for a deferment. But this must be done before the court makes a final decision on debt collection. A slight delay is allowed - for a few days or weeks.
If a defaulter discovers that utility companies are charging illegal penalties and fines, he can challenge the decision in court. You should first discuss the issue with a lawyer. Acting alone without special knowledge is not very rational.
It happens that the debt accumulates for months, but then the debtor faces life difficulties. Further, if he tries to pay off the housing and communal services debt, he is unlikely to have available funds. Therefore, in such cases, it is necessary to inform the court about valid reasons for non-payment. Even if they arose 5-6 months after the debt was overdue.

What advice can you give to all debtors to utility companies? Try to make payments on time and not accumulate debt. Otherwise, there is a high risk of losing your apartment.

Arbitrage practice

Some debtors naively believe that they will get nothing for their housing and communal services debts. Allegedly, utility workers will not be able to evict them from the apartment, even if the amount exceeds the mark of 50 or 100 thousand rubles. Is this opinion fair?

Judicial practice knows few cases where people were actually evicted from their apartments for debts to housing and communal services. There were almost always other ways to collect debt.

Basic Difficulties with eviction for non-payment of utilities:

A legal ban on kicking people out into the street from their only home (reasons for non-payment are not taken into account).
Debtors have minors, and more often young children. Therefore, their eviction must be agreed upon with the guardianship authority. It is logical to assume that not a single social worker will give the go-ahead for a child to be moved from comfortable housing to a hostel with worse conditions. In addition, debtor parents often press for pity, appealing for justice because in a new place the child will experience mental anguish and miss the old home, friends, and relatives.
If the debtor makes at least the minimum payment to repay the debt, he will not be evicted anywhere. This is successfully used by defaulters as the 6-month non-payment period approaches. Having paid the conditional 100 rubles, the debtor receives “immunity” from forced eviction from the apartment.

Our apartment is our fortress. But we are obliged to pay the same payments to utility services, maintain housing and be responsible for it. In Russia, as in any state, the housing rights of citizens are protected. Can they take away their home for debts? This is what many people fear. Is it possible to evict a person from an apartment due to non-payment of utilities, debt obligations on a loan, or for other reasons. Let's try to understand this issue.

Currently in the Russian Federation there is a ban on the forced confiscation of a citizen’s only home. But the situation with non-payments in the country has simply reached its peak, since many debtors deliberately do not pay the same utility services. And sometimes it is not the owners themselves who are to blame for this, but the conditions in which they find themselves (unemployment, economic stagnation in the state). Therefore, everything is conditional. Let’s say the amount of debt for utility bills has reached the market value of the apartment. And then the management company can file a lawsuit against you, which will be followed by seizure and sale of the apartment, despite the fact that this is your only home. Therefore, you can not pay only until a certain time.

If we are talking about a mortgage, then you can easily lose square meters. Since the real estate is nominally yours, it is collateral with the financial company. And if the debt is not paid, the bank may well seize it by filing a lawsuit with the judicial authorities, after which it will be seized.

Alimony payments and utilities

If the debtor evades paying alimony and deliberately hides his property, then certain sanctions will be applied to him if the property, that is, his personal living space, is commensurate in value with the debt. By court decision, bailiffs can seize the apartment and put it up for sale.

Now let's talk about utility bills. In situations where the owner does not pay for years, utility services go to court. But they do not do this immediately, but only after the debt exceeds a significant amount. As a result, after the trial, enforcement proceedings are initiated, and the bailiffs legally seize your property. Persons living in premises under a social tenancy agreement may be evicted by a court decision if they have not paid rent for six months.

A separate problem is associated with minors who are registered in housing. According to the law, the rights of persons under 18 years of age cannot be infringed. It is possible to sell housing under arrest only with the written consent of the guardianship and trusteeship authorities, which take into account the circumstances of the civil case. How to help yourself? First, the judge considers each case individually. Apartments are seized only in extreme cases for malicious failure to pay utility bills, mortgages or alimony. The judiciary may offer debt restructuring as one of the payment options. Seized real estate cannot be donated or alienated, and no legal actions can be taken with it.

Why else can you find yourself without your own home?

Everything is clear with mortgages and debts for utility services. But there are precedents when owners were deprived of their hard-earned housing for other reasons. Let us consider such cases in more detail. For example, you can be left without an apartment if it is illegally redeveloped. Do you want to demolish a load-bearing wall? But you shouldn't do this. Any architectural changes to housing must be approved by the housing inspectorate.

If you illegally remodeled your apartment, then the housing inspection authorities have the right to apply to the judicial authorities with a statement against you. If the housing is refused to be restored to its original condition, the judge may decide to sell the apartment at public auction, returning the proceeds from the sale to the owner minus the costs of executing the court decision.

Relocation is also possible on the terms of social rent. Article 90 of the Housing Code of Russia states that eviction from one municipal premises to another is possible if payment for it has not been made for six months. That is, you can be evicted to the minimum square footage in the hostel established by law. In what situations is it impossible to evict the owner? This is impossible if there is a good reason for long-term non-payments. For example, serious illness, long delay in wages. Disabled or incompetent persons who receive a state pension cannot be evicted. State authorities protect the rights of incapacitated citizens.

In what case and how can an apartment be seized from the owner for debts on utility bills?

Vitaly Borodkin, senior lawyer at the PRIORITET law firm, answers:

Currently, the Housing Code of the Russian Federation is in force in our country as amended by Federal Law No. 38-FZ of April 5, 2013. No other regulatory legal acts introducing any amendments to the RF Housing Code have been adopted at the moment.

In accordance with the norms of Article 155 of the Housing Code of the Russian Federation, payments for residential premises and utilities are paid monthly before the 10th day of the month following the expiration of the month, unless a different period is established by the management agreement of the apartment building, or by decision of the general meeting of members of the homeowners association, housing cooperative or another specialized consumer cooperative created to meet the housing needs of citizens.

Accordingly, tenants of residential premises under a social rental agreement pay a fee for utilities to the management company of the apartment building. Residential property owners do the same. At the same time, non-use by owners, tenants and other persons of the premises is not grounds for non-payment of payment for residential premises and utilities.

In case of failure to pay or untimely payment of utility bills, consumers are obliged to pay a fine to the contractor in the amount established by Part 14 of Article 155 of the Housing Code of the Russian Federation.

Thus, if the owners of residential premises have arrears in paying utility bills, they may be required to pay a penalty.

As for persons occupying residential premises under a social tenancy agreement and families living with them, then, in accordance with the provisions of Article 90 of the RF Housing Code, in the event of failure to fulfill the obligation to pay utility bills for more than 6 months without good reason by these persons, they are subject to eviction by court order with the provision of other living quarters. In this case, the size of the living space must correspond to the size of the living space established for moving citizens into the hostel.

Living space in the dormitory is provided in the amount of at least 6 square meters per person. Families are provided with isolated living quarters, as established by paragraph 11 of the Model Regulations on Hostels, approved by Resolution of the Council of Ministers of the RSFSR No. 328 of August 11, 1988.

Thus, at present, the procedure for eviction of citizens from the residential premises they occupy if they have debts on utility bills is provided only for tenants occupying these premises under social tenancy agreements.