Can they kick me out? Evict an unregistered person from an apartment without his consent. Is it possible to kick me out? Olga Kocheva, Sergey Maximov

Is it possible to evict from the only home?

Yes it is possible. And not only for non-payment of housing and communal services, but also in the case of a mortgage loan (which is especially important recently).

Even if some seemingly literate people strenuously argue the opposite, referring to the Civil Procedure Code of the Russian Federation, or rather.

Apparently, they simply did not read this article - and it clearly states that the creditor cannot take away the debtor's only home. This is true.

But in the case of a mortgage, the home does not belong to the borrower - it is owned by the financial institution, which means the owner has the right, in an emergency, to direct foreclosure against the mortgaged home.

You can find out how to evict an apartment, as well as how to evict an antisocial neighbor, on our website.

Causes

So, the mortgage is clear. But in addition to insolvency as a creditor there are other chances to stay on the street:

• systematically creating dangerous situations for other residents (Art.);
• destruction of the apartment;
• using it as non-residential premises;
• changeowner();

However, this is not always possible, but only in cases when the state considers that he objectively could not pay:

• the culprit is a pensioner and his pension is simply not enough to cover the arrears;
• presence of dependents - children and disabled people of groups 1 and 2;
• the offender is seriously ill.

Read about whether it is possible to evict a minor child from an apartment.

Where will they be expelled?

You'll be lucky if you go to another monastery, empty and less comfortable. And there are few opportunities for the court to show leniency and not completely deprive him of a roof over his head, as just mentioned. If they are evicted to another housing, they proceed from the norms for hostels.

They are resettled into comfortable housing only if the person being expelled has not taken any culpable actions.

They do not have the right to evict actual family members and those who at one time refused privatization in favor of another relative.

Do they have the right to evict from an apartment in winter? Yes. The law does not say anywhere about restrictions in the form of time of year.

Eviction is carried out in accordance with a court decision, and this, in turn, is accepted on the basis of circumstances that arise that are contrary to the norms of the law. It doesn’t matter what time of year it falls.

Read about the specifics of eviction from an apartment on our website.

Is it possible to challenge the procedure?

What to do if you are evicted from your only home?

The simplest thing is not to reach this point. At first, the Management Company and the owner will ask eliminate violations by contacting the offender with letters.

They must be sent by registered mail with notification under a personal signature. And only then will there be a trial.

If it has reached this stage, do not panic. Convincing the court that you urgently need to be made homeless is not an easy task, and therefore you need to have time to turn the situation in your favor.

Contact an experienced lawyer as soon as possible and tell us about your problem. He will help collect evidence that you do not deserve a severe punishment and represent your interests in court.

Is it possible to challenge an eviction? Sometimes yes. This usually happens in the following cases:

Pay your mortgage on time and do not run from the bank when conflict situations arise. Pay for services.

If you follow all this, it simply won’t come to a showdown within the courtroom.

But if you can't avoid it - Get a lawyer involved quickly. You can't defend yourself.

So there is reason to be afraid, even for apartment owners. And it’s not always the tenant’s fault.

The main thing in this matter is to comply with the law and rules of behavior in an apartment building.

If you find an error, please highlight a piece of text and click Ctrl+Enter.

It would seem that eviction from an apartment of a person who is not registered in it is the simplest thing. However, this is not always the case. There may be various factors and nuances that greatly complicate the process. Who and how can end up living in an apartment without registration? There are a lot of reasons and options: ex-spouses and their relatives, tenants who refuse to move out after the end of the contract, etc.

If the measures described above do not work, and the unwanted tenant continues to be a nuisance, the only option left is to file an eviction claim in court.

Reasons for eviction

The Constitution of the Russian Federation protects Russian citizens by guaranteeing them the right to housing. But if there are compelling reasons, eviction (both with and without the provision of other housing) is possible.

But this, we repeat, has nothing to do with the presence or absence of registration. The right of residence only in rare cases depends on it.

The reasons for eviction of unregistered citizens by court may be the following:

According to these grounds, persons who have only the right to reside in a given residential property without ownership rights may be evicted. This is established by Articles 85 and 90 of the RF Housing Code.

Also important for the court, in addition to the above reasons, is what category the property belongs to:

This will largely determine the order of eviction.

As a rule, the landlord is not obliged to provide them with either other living space or material compensation (except for special cases, which will be discussed below).

Only the owner of the apartment can file a claim for eviction (it does not matter whether he is registered in it or not).

The owner himself can also be evicted in special cases. These include:

Naturally, in both cases, eviction occurs in accordance with a court decision, and the owner is paid compensation appropriate by law.

Eviction from a municipal apartment

The owner of the property in this case is the municipality. Consequently, only representatives of the local government can file a claim for eviction. Other residents can only write a complaint to them.

If the owner goes to court, such issues are usually resolved in his favor. If former family members refuse to leave voluntarily, eviction may be carried out forcibly.

When evicting from an apartment owned in the event of a divorce, much more important than the presence or absence of registration is who and at what time purchased the housing and to whom it was registered.

There can be two options:

1. Housing was purchased (inherited, gifted) to one of the spouses before marriage. In this case, the other person does not have any rights to it and is obliged to vacate the apartment voluntarily, or on the basis of a court decision.
2. Housing purchased during marriage. In this case, the husband and wife have equal rights to it, unless otherwise stated in the marriage contract. It is impossible to evict your ex-spouse; you can only buy out his share.

Only children do not become former family members; until the age of 18, they have the right to live in the territory of one of their parents.

Going to court and eviction

A claim for eviction is filed with the court of general jurisdiction at the place of residence. All collected documents are transferred to the court office, registered and sent to the judge who has jurisdiction over this address.

Witnesses and, if necessary, police officers must be present during the process. The tenant's property is described and handed over to state storage for a period of up to 2 months.

In conclusion, it should be noted that often during a trial, facts that were initially ignored come to the fore.

Therefore, before the start of the trial, it is important to collect the maximum number of supporting documents in this case and obtain advice from an experienced lawyer who can give a probable forecast of its outcome.

Quite often it turns out to be much more profitable to resolve a dispute peacefully, without a trial. Moreover, all legal costs in such cases fall on the shoulders of the plaintiff.

Marina, Alina's mother (7 years old):

I always thought that boys were usually the bullies in class. But apparently times are changing. In our first grade, no one gives rest to the girl. Neither the teacher nor the after-school teacher can cope with her, which she daily brings to a pre-infarction state. The children arrive beaten - either a bruise on their shin or a bruise on their arm. The girl is very aggressive and uncontrollable.

She can just come up and start hitting someone, hitting them on the back, in the face, not to mention taking away a toy, tearing up a notebook or book - this is completely in the order of things. The whole class is in fear. Including parents. Nobody knows what to expect from her in the next minute.

There is nothing to even think about expulsion from primary school - this is not allowed by our humane educational system.

It’s also impossible to send her to a psychologist, because this requires the consent of the parents, but they don’t give it - they think that they have a wonderful child and everyone is just picking on her.

Neither the head teacher nor the director achieved anything. Parents are panicking. Everyone understands perfectly well that it can hurt someone or even worse. Not to mention the fact that the quality of the educational process in such an environment sharply decreases.

It turns out that until a tragedy occurs, the threat cannot be removed. Absurd? A harsh reality that we have been struggling with for several months now.

Photo source: guilhermemiller.com.br

Universal education actually becomes a guarantee of immunity...

The problem is much broader than a single story.

Sooner or later, parents will still storm the director’s office, cut off the hotline with complaints and force management to take extreme measures. But even in this case it will be rather an exception to the rule.

If we talk about a decent gymnasium, then the parents of an uncontrollable child may be forced to take their child to the registered school.

What to do if the “terrorist” is assigned to this school for all 11 years? Universal education actually becomes a guarantee of immunity. He must be educated, he must be taught something, even against his wishes. And how many other children and teachers will suffer (mentally and even physically) is of no interest to anyone.

Photo source: yazikalir.com

Normal children become hostage to problem ones. Not to mention the teacher, who must endure rudeness right up to the graduating class and does not even have the right to kick the child out of the lesson, because he “will hang out in God knows where,” while during the lesson the teacher is responsible for his life and health. And it turns out that the “life and health” of the bully is more important than the life and health of the teacher or classmates.

This is the other side of universal basic education – not “for”, but “in spite of”.

Do you think it is possible to expel children in primary school due to bad behavior?

The Tretyakov Gallery has made changes to its visiting rules, allowing art lovers to better enjoy the museum's ambiance. By the beginning of the new exhibition and academic year, the museum’s management, relying on the experience of foreign colleagues, introduced a visiting plan for independent groups. The gallery provides three scenarios for groups: professional, educational and self-guided.

Professional groups are the museum’s own guides and employees of partner travel agencies, the latter now, through their personal account, together with employees, develop and adjust the visit plan. Study groups for students of secondary and higher educational institutions. Visiting study groups was made free, and thanks to a preliminary application, the group is built in such a way that it does not overlap with other excursionists.

“Over the past three years, attendance at the Tretyakov Gallery has increased significantly - by a million people per year, if before the gallery was visited by a million, 200-300 million people, then, starting in 2016, attendance exceeded 2 million per year, the record was 2 million 600 thousand Human. This, of course, is a completely different challenge for the museum, a different load for the halls. A different mode of stay, primarily for groups,” says Deputy General Director of the Tretyakov Gallery for Development Tatiana Mrdulyash.

For independent groups consisting of friends or relatives, they are also asked to leave a request if the number of people is 5 or more. A section “independent group visits” has appeared on the gallery’s website, where museum staff will try to adjust your visit as conveniently as possible for you, other excursionists and other visitors.

“We hope that these groups will also be understanding if we ask them to come earlier or later, so as not to create a situation where there are two or three groups in one room,” Tatiana Mrdulyash comments on the situation.

Another museum employee also adds information to what is already available.- Marina Elsesser, Deputy General Director of the Tretyakov Gallery for educational and publishing activities:

“The museum’s task is to balance the interests and needs of all our visitors, so that everyone is as convenient and comfortable as possible. We have a significant increase in work, we published these rules back in the summer, we developed and published rules for teachers (study groups are free upon application), we developed an application form, and now we are receiving these applications, they need to be processed and built into the grid.”

In what cases can a student be expelled from school?

Early dismissal from school is possible only on the grounds listed in:

• At the initiative of the student or his parents, for example when transferring to another school.
• At the initiative of the school, in the event of expulsion as a disciplinary measure against a student who has reached the age of fifteen years
• In the event of a violation of the procedure for admission to an educational organization, which resulted, through the fault of the student, in his illegal enrollment in the educational organization

Under no circumstances may the following be expelled from school:

students under 15 years of age or students with disabilities.

Expulsion is a parent's right

Parents and students have the right to decide on early dismissal from school at any time, based on their interests. The decision to expel can only be voluntary. No one has the right to force you or impose conditions for expulsion. Early termination of educational relations does not entail obligations to the school. If a student received additional paid educational services, he has the right to terminate the contract early due to expulsion. The school does not have the right to include in the contract provisions on penalties for early termination.

If a student has debts to the school, for example, to pay for services rendered, the school does not have the right to deduct for the debts or refuse to deduct until they are repaid. Expulsion is the right of parents. The school can resolve debt collection issues in court.

When is expulsion used as a disciplinary measure?

Expulsion is one of the disciplinary measures. In accordance with clause 4, this penalty can be applied for failure to comply with or violation of the charter of an organization carrying out educational activities, internal regulations and other local regulations on the organization and implementation of educational activities (see the charter on the school website).

Expulsion is a last resort measure that is used in exceptional cases.

When making a decision on expulsion, the school administration will have to prove that it took all necessary disciplinary measures, that the violations were repeated (there were comments and reprimands during the last year) and that pedagogical measures did not produce results.

In addition, you need to take into account the opinion of the parents and obtain consent to expulsion from the commission for minors.

Expulsion as a disciplinary measure is not applied if the terms of the disciplinary measures previously applied to the student have expired and (or) the disciplinary measures are lifted in the prescribed manner.

They can’t suddenly expel you for one offense. The condition of repetition means that if a student has had no comments or reprimands over the last year, he cannot be expelled.

Student and parent right to appeal

The student and parents (legal representatives) of a minor student have the right to appeal disciplinary measures and their application to the student.

To do this you need to contact Dispute Settlement Commission between participants in educational relations, the decision of which is binding for all participants in educational relations and is subject to execution within the time limits provided for by the specified decision.

Responsibility for violations of the right to education

If the school administration violates the legal requirements established regarding the expulsion of students, it faces administrative liability in the form of a fine.

Part 1 of Article 5.57 of the Code of Administrative Offenses of the Russian Federation for violation of the right to education and the rights and freedoms of students in educational organizations provided for by the legislation on education establishes a fine:

• in the amount of 30 thousand to 50 thousand rubles. for officials;
• from 100 thousand to 200 thousand rubles. for educational organizations.

If the student is nevertheless expelled

In this case, the school is obliged to immediately inform the educational authority about the expulsion of a minor student as a disciplinary measure.

The governing body in the field of education and the parents of the expelled student are obliged to place him in another school within a month so that he can receive a general education.

Can they be expelled from school for suspected use of alcohol or drugs?

The mere suspicion of violating the charter of the educational institution (the use of chewing tobacco may also be included among the violations of the charter) cannot be grounds for expelling a student from school. To exclude it is necessary establishing the fact of violation of the charter of the educational institution and confirming this fact, as a rule, with written documents. To do this, it is necessary to conduct a medical examination, but conducting a medical examination without the knowledge of the parents, without informed voluntary consent expressed in writing, is a violation of the requirements of the Law, including the right to refuse medical intervention.

If the ban on the use of alcohol and drugs on school premises is enshrined in the school's Charter, Internal Regulations or other local regulations, the student may be subject to disciplinary action.

If the fact of alcohol or drug use is proven, then in addition to the consequences of violating local school regulations, the student’s parents will be held administratively liable. Thus, for the fact that minors under 16 years of age are intoxicated, or they drink alcoholic beverages, or they use drugs, the parents will be fined in the amount of 1,500 to 2,000 rubles.

Can they be kicked out of school for smoking?

If a school has adopted a local smoking ban, a student who smokes on school grounds may be subject to disciplinary action.

Expulsion is a last resort measure that is used in exceptional cases. When making a decision on expulsion, the school administration will have to prove that it took all necessary disciplinary measures, that the violations were repeated (there were comments and reprimands during the last year) and that pedagogical measures did not produce results.

Expulsion is permitted if the student’s misconduct is such that his continued presence in the school could be regarded as having a negative impact on other students, if it violates the rights of students and school employees, as well as the normal functioning of the school.

In addition, you need to obtain consent for expulsion from the parents and the commission for minors.

Taking into account the above, in practice, expulsion from school for smoking seems unlikely.

Can they be expelled for failing grades?

The legislation does not contain grounds for expulsion from a general education institution due to unsatisfactory certification (final, intermediate) at any stage of mastering the general education program.

A bad grade for a quarter, half a year, a year, or for a final assessment in one or more subjects is not grounds for expulsion from school.

Even if the school administration insists that you should leave because you got a bad grade for the year, this way of asking the question is incorrect. Staying or moving to another school, or to another form of education is only your decision.

If this happens, you have the right to appeal this decision of the educational institution to the educational authority or the prosecutor's office. As a last resort, go to court.

Read about how to act in case of academic debt in the materials

Can a student be expelled from school if he turns 18 during his studies?

Reaching 18 years of age cannot be grounds for exclusion from school.

Termination of educational relations

1. Educational relations are terminated due to the student’s expulsion from the organization carrying out educational activities:

1) in connection with obtaining education (completion of training);

2) ahead of schedule on the grounds established by part 2 of this article.

2. Educational relationships may be terminated early in the following cases:

1) at the initiative of the student or parents (legal representatives) of a minor student, including in the case of transfer of the student to continue mastering the educational program to another organization carrying out educational activities;

2) on the initiative of an organization carrying out educational activities, in the event of expulsion as a disciplinary measure applied to a student who has reached the age of fifteen years, in the event of failure by a student in a professional educational program to fulfill his obligations to conscientiously master such an educational program and implement the curriculum, as well as in in the event of a violation of the procedure for admission to an educational organization, which resulted, through the fault of the student, in his illegal enrollment in the educational organization;

3) due to circumstances beyond the control of the student or parents (legal representatives) of a minor student and the organization carrying out educational activities, including in the event of liquidation of the organization carrying out educational activities.

Publication date:

Saturday, January 18, 2014