Questions and disputes connected with real estate very often arise from citizens, as the availability of accommodation for man is the main goal in my life, if housing is not obtained as a gift or by inheritance.
Those receiving housing on social hiring are committed to issue apartment in the property, using their right to free privatization. Very often, in order to obtain an apartment in the property, the tenants of the apartment are all legal and illegal methods to evict unwanted neighbors out of the apartment and to privatize the apartment in a sole proprietorship.
Such a situation occurred with my doveritelnyi and her minor son who are the closest relatives pushed out the door, including the use of force.
With the aim of providing legal assistance I have collected evidence of unlawful eviction and filed a lawsuit in Lublin district court of Moscow about moving my doveritelnyi and her minor son back to the apartment, and were stated requirements for the determination of the share of payment of utility bills.
According to the Housing code of the Russian Federation, namely article 69 of the family of the employer of premises under the contract of social hiring, have the same responsible tenant rights and responsibilities. All the family members of the employer's premises, even if the marriage terminated, the contract of social hiring are equally responsible with the tenant for the liabilities, including payment of utility bills.
In accordance with part 1 of article 40 of the Constitution of the Russian Federation no one may be arbitrarily deprived of housing except by court order.
Into force of part 4 of article 3 of the Housing code of the Russian Federation no one may be forcibly evicted from the apartment or restricted in the right to use the apartment. Except by court order.
The trial lasted more than six months, the defendants tried to delay the trial, said counter claim for eviction of my doveritelnyi and her minor son.
On our part and on the part of the defendant had provided evidence of the validity of the claim, questioned witnesses.
The court acknowledged our evidence is valid and reliable and the decision from 09 March 2017 in civil case No. 2-192/17 upheld our claim in full and the claims of the defendant the eviction of my client's child and their de-registration – rejected.
I recommend to all citizens who are threatened in eviction from apartment, do not wait for this event, and to be proactive.
Contact us and we will assist you in court and your housing rights are not violated.
Sincerely, a practicing lawyer on housing Affairs and disputes Vladislav Lyzhin.