Eviction from an apartment for non-payment of utilities. Features of eviction from a privatized apartment for debts How apartments are taken away for utility debts

Description of the page: can they seize an apartment for utility debts, what does the law say from professionals for people.

According to the law, eviction from a privatized apartment for non-payment of utilities is impossible. If the debt for utility services is large, then through the court the Management Company may oblige you to repay the entire debt, as well as impose penalties.

The housing legislation does not contain an article on the eviction of the owner of a privatized living space for accumulated debts to the Housing Company. The only thing is that he can be sued for debt collection in favor of the management company.

If the apartment is owned by the tenant and it is the only real estate owned by the debtor, then no one can take away such housing. It states that it is prohibited to apply for foreclosure of real estate if there is no other housing in the property.

When the owner has more than one privatized apartment, the apartment for which there is a debt on utility bills can be sold at auction. The proceeds are used to pay off the debt for utilities, and the rest in cash is transferred to the owner, but this is only possible by court decision.

You can evict from a privatized apartment only in two cases:

1. Availability of second housing that meets all sanitary standards.
2. The property was purchased with a mortgage loan.

Only a tenant living under a social tenancy agreement or a rental agreement can be evicted for other reasons.

It is the responsibility of the owner of the premises to pay all utilities on time and in full according to the article. The obligation begins from the moment of registration of property rights. In cases where a citizen does not live in a given apartment, he is still required to make payments.

For what rent arrears can one be evicted from an apartment?

The legislation of the Russian Federation does not stipulate the exact amount of debt for which tenants can be sued for eviction from the occupied space. In practice, this measure is used for persistent defaulters.

Eviction for non-payment of rent is only possible from municipal housing if the last payment received was six months ago. At the same time, the state provides them with other housing.

If over the course of six months there has been a receipt of even insignificant funds into the account of the Management Company from the debtor, then they have no right to file a claim in court.

Eviction from a privatized apartment for non-payment can only be carried out by a court decision and in extreme cases.

Before filing a claim in court, it is necessary to warn the owner about the debt. In the event that the debtor refuses to fulfill his obligations, a claim is filed in court.

Only the Management Company can go to court for a decision to pay off debts for utility services. Going to court is the last resort to try to influence the debtor.

The reason for going to court is the debt accumulated over the last six months.

If less than six months have passed since the last payment, the management company does not have the right to go to court. The actions of the housing company can only be demands for repayment of the debt or drawing up an agreement between the company and the debtor on installment payment of the debt over a certain period of time.

In most cases, the Management Company is interested in collecting the debt, and therefore is in no hurry to go to court. All companies try to meet the debtor halfway and peacefully resolve the issues that have arisen. When drawing up an agreement with a company, the debtor will have the right to pay off debts in installments.

The amount is refinanced in equal parts. When the owner pays utility bills monthly and pays the amount according to the agreement, utility companies do not make claims, much less file claims.

If the owner of the property ignores all attempts at a peaceful settlement, he is summoned to court. The main objective of the trial is to find out the reason for the formation of the debt and collect the debt from the defendant.

If the court makes a positive decision to collect the debt from the owner, he must repay the debt in full and, in addition, pay a fine to the management company and pay all costs associated with filing a claim.

If the debtor cannot pay for utilities, his apartment may be put up for auction. Transfer the profit received to the Management Company, and the remaining money to the owner.

For what debt can one be evicted from an apartment?

Let us repeat, eviction is only possible from municipal housing. In cases where:

When evicting, they are required to provide other housing, albeit of a smaller size and cost, but they do not have the right to evict the street.

This also applies to a privatized apartment. There is no specific amount of debt, but only a period of time during which no funds are received from the owner to the company’s account.

Grounds for eviction from a privatized apartment

In accordance with Article Even the owner may be evicted from the premises. In cases where:

1. The housing is not used for its intended purpose, for example, a store or some kind of warehouse is located in the apartment;
2. Disturbance of order in the home. For example, keeping many different animals without proper care or constantly disturbing the peace of people living nearby;
3. Unauthorized redevelopment of real estate or destruction of housing;
4. If the housing is considered dilapidated, or is in an emergency situation, or is subject to demolition.

If the owner who is in debt to the Management Company has more than one privatized home, then it is easier to evict him. One of the apartments owned by the debtor for utilities will be put up for auction, the debt will be paid with the funds received, and the difference will be returned to the owner.

It will be very difficult for those who owe money on housing purchased with a mortgage loan. Eviction from mortgaged housing also occurs through court. In most cases, this is the only property the debtor has.

Such owners are evicted directly onto the street, they are not even given a room in a hostel, since their home was the basis for receiving funds from the bank.

Court decision on eviction from a privatized apartment for non-payment

In cases where the Management Company has filed a claim in court, the debtor has little hope that the court will not decide to evict him from the occupied space. The debtor can and must prove his rights.

If the debt is forced and has valid grounds, he is simply obliged to provide all the evidence due to which the debt has accumulated.

Evicting the owner of an apartment for non-payment from privatized housing, as well as his entire family, through the courts is not always possible.

Valid reasons include:

• difficult financial situation;
• reduction or dismissal from the workplace;
• presence in the apartment and dependent minor children;
• the debtor or one of the family members suffered an illness or is still ill;
• there are dependent disabled people or the debtor himself has become disabled.

The plaintiff is also required to submit all available documents, such as an agreement on the provision of utility services signed by both parties, unpaid receipts, and a settlement agreement with the owner, if it was drawn up and violated. In cases where a lawsuit is filed against a debtor for utility services, it will not be difficult to substantiate the violation of the rules.

Having considered all the documents presented by the Management Company and the debtor, the court makes a decision based on the Law of the Russian Federation. The owner is evicted for non-payment of utility bills only as a last resort; basically, the court obliges the owner to repay all debts within a specified period of time.

According to the court decision on the eviction of citizens for unpaid utilities, a second residential premises is not provided in return.

The court may also decide to compulsorily collect the debt through the employer. In this case, the employer will forcefully deduct a certain amount from wages in favor of the Management Company. However, the amount cannot exceed 50% of monthly earnings.

Eviction of debtors from apartments by bailiffs

When a court decision to evict the owners has entered into force, and the tenants have not voluntarily vacated the premises within the time frame established by the court, the Management Company has every right to turn to the bailiffs for forced eviction.

The bailiff issues a notice to the tenant who ignores the court decision. The initial notice contains an act of the court decision, indicates the period within which the tenant had to vacate the apartment, as well as an offer to voluntarily comply with the court decision without penalties and coercive measures.

If the owner ignores the notice, the bailiff goes to the debtor, together with the local commissioner and two witnesses.

The bailiff's decision can be challenged and the eviction period can be extended. It is necessary to contact a lawyer, but a citizen must also be well prepared and defend his position in court proceedings.

Such processes drag on for years. Most often, claims are filed against debtors who have dependents, for example, minor children, who are very difficult to evict even through the courts.

Act upon eviction from an apartment for debts

The act of eviction of tenants includes:

• a census of all the debtor’s property with a detailed description and quantity;
• describes the full characteristics of the property where the owner and his family are being resettled (if any).

The deed is certified by a bailiff, witnesses and the owner himself. In addition, the act indicates information about things transferred to the state for storage. Within two months, the owner is obliged to transfer his property, but if he violates the specified period, then all things are sold according to the law of the Russian Federation.

Conclusion

To summarize, from all of the above, let’s highlight the main thing. For debt to utility services, the owner can be evicted from a personal apartment, but in very rare cases and only by court decision. In municipal housing or social rented housing, it is much easier to evict tenants, but the state must provide tenants with other living space.

There are only two cases for eviction of the owner from a privatized apartment:

When a utility company files a claim in court, the only thing the court can do without any reservations is to oblige the debtor to repay the entire debt for utilities, pay all expenses of the management company related to the claim and pay the fine in full.

Russians who have debt obligations to the state, banking or credit organizations often ask this question. It still remains open. The new bill provides for the seizure of real estate - even if this is the citizen’s only home. The law has not yet been approved.

Let's consider whether it is possible to recover property for debts.

Who can seize an apartment for debts?

A seizure of a certain type of real estate is a legal restriction in connection with which a citizen or owner does not have any rights to dispose of it.

But, please note, he can live in an apartment or house that has been seized.

Seizure is carried out bailiffs. No one else has this right.

They will act on the basis Decrees, decisions of a judicial authority or notary. Such a document has significant force and must have the appropriate signatures of the judge, secretary - or must be certified by a notary.

Important: You can contact law enforcement agencies if representatives of collection agencies and banking organizations threaten you, your loved ones and threaten you with the idea that they will seize your home and drive you out onto the street. These actions are unlawful, and often simply represent a way of intimidation so that the citizen pays off the debt faster.

Initially the bailiff imposes seizure of funds, cards the debtor, and only then - if the available general funds are not enough to pay off the debts - seizes the property.

The exception is an apartment taken on a mortgage. She can be arrested immediately, despite her cash deposits and the state of her bank account.

All cases when bailiffs can actually seize real estate

Seizure of real estate is possible under the following conditions:

1. If the debtor still owns the property or other housing. It could even be a room or share in a communal apartment.
2. The amount that the citizen did not pay is slightly less than the total cost of the apartment.
3. There is a decree from the courts or a notary.

The ban is imposed on actions with the apartment that the owner can perform - for example, sell, donate, bequeath.

The bailiff can impose a seizure so that the owner cannot dispose of the housing. There are no other purposes for seizing real estate.

In what cases can they seize an apartment for debts?

Let's consider the circumstances under which an apartment may be arrested or taken away for non-fulfillment of debt obligations:

1. There is mortgage debt

This is the most common case when housing is taken away.

Since a banking organization provides a citizen with real estate for a fee - but he is not yet the owner, since he has not fully fulfilled his obligations - the apartment can be seized.

The fact that the apartment taken on mortgage is the only property does not affect the court decision.

The conditions for seizing an apartment registered under a mortgage loan are as follows:

1. The total amount of debt is more than 5% of the cost of the apartment, that is, the mortgage.
2. Payments are overdue for more than 3 months.

Seizure is not imposed immediately when payments stop being received. A citizen can negotiate with a bank representative and solve the problem, based on the fact that the financial situation has worsened.

For example, due to job loss, salary reduction, and other important reasons.

2. There is a debt on alimony payments

All property of debtor parents is subject to seizure.

The bailiff has the right to seize the debtor's property and recover money from its sale if he, in turn, evades paying alimony.

Please note, the amount of debt should be practically equal to the cost of the apartment.

Here's an example:

Citizen Ivanov has not paid alimony for 12 years. During this time, he accumulated 960 thousand rubles. Ivanov inherited a second apartment from a relative.

Based on the resolution, the bailiff seized all of Ivanov’s real estate and sent a notification to the Federal Reserve System.

The cost of one of the apartments was equal to the amount of debt, so the judicial authorities have the right to force Ivanov to sell one of the apartments and fulfill his debt obligations.

3. There are debts for housing and communal services

Yes, for debts due to non-payment of utility bills, property can be seized, and its owner can be forced to sell.

But this is only the case when:

1. A citizen owns several premises intended for housing.
2. The amount of debt is equal to or slightly less than the price of the real estate. Example: for a debt of 15 thousand rubles, when the price of the apartment is at least 1 million rubles, no one will force you to sell the property.

Remember, the arrest is also affected by the payment of the debt. If a citizen has made partial payments, or pays housing and communal services debts in installments, then no one will force him to sell.

Seizure of a share in the right of ownership of real estate - can a share be seized?

In the case where a citizen has several real estate properties in his ownership, and one of the properties is shared, then a certain share can be arrested and sold by a bailiff.

The decision on seizure and sale is made after consideration of the issue in court.

The judge must determine the part that belongs to the citizen “in kind,” that is, by area, purpose, etc., and decide whether it can be sold and collected for debts.

After the court ruling, the bailiff draws up documents for the arrest and subsequent sale of real estate.

Seizure of a single apartment for debts – who can actually take the property and when?

Based on the new bill - which, by the way, has not yet been adopted - the court has the right to decide that the arrest and sale of the only apartment is possible.

In this case, it is taken into account whether it is true that it is impossible to fulfill debt obligations by any other means.

Until the bill is adopted, such actions by the judiciary will be illegal. Therefore, debtors have nothing to worry about for now.

The question of whether the bill will be adopted remains open. Many State Duma chairmen oppose his approval. But, if the law does come into effect, then the debtor who owns one piece of real estate will repay the debts through the arrest and sale of the only home.

The procedure for arrest and sale is normal. The bailiff is in charge of documentation. Before placing a lien on the property, he will have to obtain a court order.

The features are that:

1. The court may order the property to be seized and ordered to be sold, while setting a minimum amount that the debtor will have to receive in order to purchase new property.
2. New real estate will have to comply with the requirements and standards established by regional legislation.
3. A citizen does not have the right to be evicted to the street.
4. An expert will determine the cost of the apartment.
5. It is taken into account whether there are other family members who also need housing.
6. The lender has the right to purchase the property within 7 days.
7. After 10 days, the property can be put up for auction. The cost will be the same. Repeated auctions are possible without reducing the initial price. They are carried out after 1 month.
8. After selling your home, you must vacate it within 2 weeks.

Until the new law is adopted, it is in force Article 446 of the RF Housing Code. It is necessary to rely on it when considering this issue.

Remember, that land or surplus real estate also cannot yet be collected for debts, since this is not approved in any Russian law.

Can they take away an apartment or seize the property if a minor is registered and lives there?

Seizure with subsequent sale of real estate in which not only the debtor is registered, but also a minor citizen is possible only with the consent of the guardianship and trusteeship authorities.

The procedure is:

1) A representative of the guardianship is invited to the trial.

2) He considers the entire situation, makes his written decision, in which he determines whether the housing where the minor lives and is registered can be sold.

The sharp increase in the number of overdue loans makes residents worry about their money. And among many other questions, citizens are interested in whether a municipal apartment can be taken away for debts.

Debt problems - what can be taken away from debtors

If a person cannot pay a loan on time, then commercial organizations have a large arsenal of options for influencing people. These include persuasion, persuasion and other methods of influence. If nothing helps and the debt cannot be repaid, then the bank can simply compensate for its expenses at the expense of the person’s property. These can be cars, equipment, jewelry, as well as real estate owned by a person.

The answer to the question of whether they can take away their only apartment for debts is negative in most cases. In some situations this is possible, so clients need to be careful and not hope for a lucky break.

Features of a municipal apartment

If the debtor lives on square meters owned by the state, the housing has not been privatized, then the issue of repossessing the apartment for the loan is removed by itself - everything is explained very simply. After all, the person is not the owner, but simply lives here on the basis of some kind of agreement, be it a social tenancy document or something else. It’s the same as deciding “I want to sell an apartment that belongs not to me, but to the state.”

Only for debts

The only exception is the situation when debts were formed due to non-payment of housing and communal services. People must pay all utility bills, and in case of delay, a penalty will be charged. If several months have already passed, the management company may even go to court. The extreme measure would be to evict a person from state square meters.

The Housing Code of the Russian Federation indicates that if payments have not been made for six months, then the authorities have every reason to evict them. However, in practice, not everything is so simple. If the reasons for the accumulated debts were valid, then the court may take into account and side with the debtors. The list may include problems with earnings, illness, the need for expensive treatment, death of family members, and so on.

There are also loopholes in the law - in order to prolong the process, the debtor only needs to pay a small amount from time to time. Therefore, as a rule, living in an apartment under a social tenancy agreement does not threaten a person with eviction - after all, this property did not originally belong to him.

Utilities in the form of electricity, water, gas, etc. resource supply enterprises provide residents with resources, but payments for services are collected by management companies that act as intermediaries between such enterprises and residents.

What happens if you don’t pay for utilities, and what measures are taken against debtors for housing and communal services?

Depending on the duration of the delay in payment, management companies can use different methods to force debtors to pay, strengthening the measures taken as the duration and amount of the debt increases.

REFERENCE! In some regions, management companies use different colors of receipts to notify debtors. In case of small delays, they are blue, then yellow, and red receipts are sent to persistent defaulters who delay payment for more than six months.

The main ways to deal with housing and communal services debtors are::

• warnings (oral, written and public);
• accrual of penalties;
• termination of provision of unpaid services;
• contacting debt collection services;
• seizure of property or eviction (by court decision).

In case of short periods of non-payment, employees of the intermediary company between service providers and their consumers send a written notification of the debt by mail or make a personal visit to the debtor’s apartment. A public warning is a list of debtors for housing and communal services posted on the entrance door or street notice board.

Credit car

If your credit car has been seized for housing and communal services debts, you should first find out on what basis the seizure was imposed by obtaining a writ of execution from the bailiffs. You can remove the seizure from a car in the following cases:

1. The vehicle is the owner's only means of income.
2. The vehicle does not belong to the housing and communal services debtor itself, but to his wife or other relatives.
3. The payment of at least part of the housing and communal services debts has begun.

If you go to court with receipts confirming that the debtor has started paying at least small amounts monthly, you can get the seizure lifted from the car.

IMPORTANT! It is impossible to seize a car for which the loan has not been fully paid, according to clause 3.1. Art. 80 of the Federal Law “On Enforcement Proceedings”. The court may seize such a car, transferring it to the debtor for safekeeping until the car loan is fully repaid to the bank, and then seize it to pay off the housing and communal services debt.

To prove the use of a car to earn money, you need to attach documents about such use (for example, freight invoices or taxi receipts) or involve witnesses in the absence of such documents.

Bank accounts

If the defaulter has bank accounts, the court may write off the amount of debt from them, or (if there is not enough money in the account to repay the debt), the account will be seized and the card linked to it will be blocked.

What to do if your card is blocked for non-payment of housing and communal services? If the trial took place without the participation of the debtor (in absentia), then to cancel the blocking of the card, you must contact the bailiffs and write an application to revoke the blocking and schedule a new court hearing.

For the new court, it is necessary to prepare documents stating that the citizen’s only income in the form of a salary is transferred to the card, or (if the card is not a salary card, but a savings card) to withdraw funds from it.

REFERENCE! If the debtor is officially employed, then you can convince the court, instead of seizing the card, to send a writ of execution to the accounting department of the enterprise for the gradual repayment of debt on account of wages.

A good solution would be to pay off part of the debt using funds from the unblocked account to prove to the court the voluntary start of payments and thus avoid seizure of the entire amount of the account again.

So, the methods used by management companies to collect housing and communal services debts depend on the amount of the debt, the duration of the delay and the reaction of the person in debt to the actions of the companies.

By promptly responding to the actions of debt collectors and paying off the debt at least in small parts, you can avoid litigation and seizure of property.