Attorney
Lawyer with many years of experience in the field of real estate and land law. Support for construction, registration of land plots, obtaining permitted documentation and protection of property rights. Also has successful cases of labor law and mobbing at work.
Forced eviction from an apartment
Forced eviction is a last resort measure that is applied exclusively on the basis of the law and with the relevant court decision. The execution of such an eviction itself takes place with the participation of a state bailiff and becomes necessary in cases where tenants refuse to voluntarily vacate the apartment within the specified period. Below are the main grounds for initiating a forced eviction from an apartment and the procedure for the owner to apply to the court.
Grounds for forced eviction from an apartment
As in the case of forced eviction from a house, the following can be distinguished among the main grounds:
- violation of the terms of the apartment lease agreement by the Tenant, the rules of cohabitation with neighbors. Such violations must be systematic, harm the interests of the Landlord and be expressed in non-compliance with the rules of residence, non-payment of rent, damage to things, etc.;
- use of housing for purposes other than its intended purpose (use of housing by the Tenant as a warehouse, office, etc.);
- termination of the lease agreement, expiration of its term. Provided that the owner does not consent to the extension of the term of such an agreement, the Tenant must leave the premises within the period established by agreement of the parties;
- recognition of the lease agreement as invalid in court;
- application for foreclosure on the apartment as the subject of a mortgage under a credit agreement (in the event of the debtor’s failure to fulfill his obligations to pay the debt);
- cases of loss of the owner’s legal right to the apartment (recognition of privatization, inheritance as invalid);
- unauthorized occupation of housing (without the consent of the owner, relevant documents).
The indicated grounds provide for the possibility of forced eviction from the apartment not only of third parties under the lease agreement, but also of one of the family members and the owner himself. Below, we will consider the main cases provided for by current national legislation.
Forced eviction of a family member from an apartment: permissible cases
This issue is directly regulated by the norms of the Housing Code of Ukraine. At the same time, the termination of family relations (for example, in the event of divorce) is not a reason for losing the right to use an apartment. However, there are certain exceptions:
- absence of a (former) family member without good reason for more than a year;
- systematic commission of actions that threaten the life and health of other residents.
Let us consider the first case in more detail, since it is necessary to clearly distinguish between what reason is valid and what is not. Case law defines valid reasons for the absence of a family member, which include:
- actual obstacle to the use of housing by the owner;
- temporary departure in connection with work, study, internship or treatment;
- military service;
- serving a sentence in the form of arrest, restriction or imprisonment.
Forced eviction from the owner’s apartment
This procedure is allowed only in cases clearly defined by law:
- first, when the housing is alienated for public needs. In this case, the owner must be paid fair and full compensation or provided with other equivalent housing;
- second, confiscation of real estate by court decision as punishment for a crime committed (in cases of using the apartment to commit illegal activities);
- third, foreclosure on property in connection with debts (for example, for utilities, credit obligations, alimony, etc.);
- fourth, eviction from emergency housing that poses a threat to the life and health of residents (the apartment acquires such status in accordance with the procedure established by a special law).
Who cannot be forcibly evicted from an apartment?
The legislation establishes special protection for certain categories of citizens, primarily for minor children left without parental care; co-owners. In some cases, the procedure for forced eviction from a military serviceman’s home may also be complicated. For more detailed explanations on this issue, we recommend consulting with real estate lawyers “Prikhodko and Partners”.
Claim for forced eviction from an apartment
The owner may initiate legal proceedings by filing a claim with the court at the location of the relevant real estate. Such a claim must be drawn up in accordance with the requirements of Articles 175 and 177 of the Civil Procedure Code of Ukraine and supported by an appropriate evidence base to confirm the presence of a legal basis for eviction. Such evidence may include:
- a copy of the lease agreement;
- a certificate of ownership of the apartment;
- a court decision on the dissolution of marriage;
- a decision on the issuance of a restraining order against the defendant (in cases of domestic violence);
- acts drawn up by representatives of the condominium association or other authorized persons recording violations of the rules of good neighborliness;
- witness statements, video and photo materials of systematic violations, and others.
Why should you contact the lawyers of “Prikhodko & Partners”?
The company “Prikhodko & Partners” unites a team of experienced lawyers who have a deep understanding of various areas of law, including housing. Their knowledge and practical experience allow them to find optimal solutions even in complex and non-standard situations. In addition, they constantly monitor changes in legislation and judicial practice in order to improve the quality of their services. Clients should also contact lawyers in cases of forced eviction from an apartment, as this:
- guarantees them professional legal support on various issues;
- will provide a legal assistance strategy, taking into account the unique circumstances of the case;
- will increase the client’s chances of success in court and obtaining the desired result.
Contact the lawyers of “Prikhodko & Partners” by filling out the form below and find out the cost of professional support in a case of forced eviction from an apartment today!
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In which regions of Ukraine do you work?
The department of real estate and land law, as a rule, works in Kyiv and the Kyiv region.
- We provide our services in all regions of the Kyiv region, for example:
- Bilotserkiv district (towns of Skvira, Tarasha, Bila Tserkva, Uzyn, Tetiiv).
- Boryspil district (the cities of Boryspil, Pereyaslav, Yagotyn).
- Brovary district (the cities of Brovary, Berezan).
- Buchansky district (towns of Bucha, Irpin, Vyshneve).
- Vyshhorod district (the cities of Vyshhorod, Slavutych).
- Obukhiv district (towns of Obukhiv, Boguslav,
- Vasylkiv, Kagarlyk, Myronivka, Rzhyshchiv, Ukrainka).
- Fastiv district (the cities of Fastiv, Boyarka).
It is worth noting that on some issues (services) we work throughout Ukraine, contact and clarify information by phone!
Do you provide consultations online or over the phone?
Yes! If you do not have the opportunity to come to the office in Kyiv, then you can pay and receive a consultation by phone or in one of the applications for conducting calls/conferences.
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