Forced Eviction from an Apartment

Forced eviction from an apartment requires a lawful basis and, as a rule, a court decision. The lawyers of Prikhodko & Partners Law Firm will help assess a person’s right to reside in the property, prepare evidence and a claim, represent your interests in court, and support the actual enforcement of the eviction decision.

Eviction from an apartment depends on the legal status of the occupant: owner, co-owner, tenant, former family member of the owner, or a person residing without a proper legal basis. Changing the locks, removing belongings, or physically forcing a person to leave the property on your own is risky — if the occupant does not vacate the apartment voluntarily, the dispute in relevant cases is resolved through court, while compulsory enforcement of the court decision is carried out within enforcement proceedings.

Prikhodko & Partners Law Firm Prikhodko & Partners provides comprehensive legal support in forced eviction cases: we analyze property documents and the legal grounds for the defendant’s residence, determine the appropriate legal remedy, prepare the statement of claim, build the evidence base, and represent the client during court proceedings and enforcement of the judgment.

Vasyuta Dmytro
Phone numbers:
+38 (073) 007-44-90

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Prices for our services in the “Real estate and construction” practice

Production of a technical passport for a house / apartment from  2 000 грн 1-3 days
Legitimize replanning from  15 0 грн 3 weeks
Legalize squatter from  30 0 грн 3 weeks
Legalization of the extension from  20 000 грн 1 month
Commissioning of the garden house from  10 000 грн 2 weeks
Commissioning of gas stations from  80 000 грн individually
Special permit for subsoil use from  90 000 грн individually
Privatization of a cooperative apartment in Kyiv from  38 000 грн individually
Land privatization from  50 000 грн 9-12 months
Change of purpose of the land plot from  40 000 грн 3 months
Changing the purpose of the premises or building from  35 000 грн 1 month

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Are you the owner of the apartment from which another person needs to be evicted?

Does the person refuse to vacate the apartment voluntarily?

Do you have a lease agreement or other documents determining that person’s right to reside in the apartment?

Do you need legal support from preparation of the claim through enforcement of the court decision?

Services in the “Real estate and construction” practice

01 Arrest of Business Real Estate: Protection and Removal of Arrest 02 Removal of an Archived Arrest from Real Estate 03 Protection of Agribusiness Against Hostile Takeover 04 Proof of Source of Funds from Ukraine 05 Real Estate Lawyer Kharkiv 06 Real Estate Lawyer in Lviv 07 Real Estate Lawyer in Dnipro 08 Real estate lawyer Odesa 09 Real estate lawyer Kyiv 10 Support in the purchase of an apartment on the first floor with transfer to non-residential property and registration of a separate entrance 11 Warrant for official housing 12 Housing maintenance 13 Housing service for military personnel 14 Change of purpose of a land plot of communal property 15 Apartment Inspection Before Buying on eOselia 16 eOselya 2026 – Legal support for buying an apartment under the program 17 Entering an apartment in the real estate register 18 Contribution of real estate to the authorized capital 19 Sale of real estate that has been owned for less than 3 years 20 Removal of Arrest from Real Estate (apartments, houses, land) 21 Obtain information from the register of court decisions 22 Support for the purchase and sale of an apartment / house / commercial real estate / land 23 Extract from the real estate register 24 Legalization of a dual-purpose building 25 Legalization of shelter 26 Privatization of an apartment without a warrant through the court 27 Legalization of a balcony extension 28 Legalize a modular home 29 Legalization of objects with impact class CC3 30 Legalize a modular gas station 31 Change in the normative monetary valuation of a land plot 32 Privatization of a garage in a garage cooperative 33 Drawing the boundaries of a land plot in nature 34 Permit for construction of a warehouse/hangar 35 Permit for the construction of an apartment building in Kyiv and Kyiv region 36 Cancellation of the decision of the state registrar 37 Cancellation of state registration of real rights to real estate and their encumbrances by court decision 38 State registration of ownership of real estate 39 Garage registration 40 Registration of ownership of a collective farm yard 41 Registration of ownership of a storage room 42 Cancellation of state registration of ownership rights based on a court decision 43 Registration of property rights to an apartment 44 Registration of property rights for unfinished construction 45 Legalization of a garden (summer) house 46 Legalization of a cottage town 47 Legalize the hangar 48 Legalize the elevator 49 Legalize the warehouse 50 Legalize the farm 51 Assessment of the technical condition of buildings and structures 52 Allocation of land for rent 53 Allocation of land in kind 54 Allocation of land for construction 55 BTI services 56 Developer verification 57 Land registration under a house / building 58 Registration of land plots as property during martial law 59 Application for privatization of an apartment 60 Redesigning an apartment for a child 61 Transfer of an apartment 62 Report on the technical inspection of the building 63 Construction expertise of design and estimate documentation 64 How to re-register a house if the owner has died? 65 Technical conclusion on the condition of building structures 66 Re-registration of an apartment after the death of the owner 67 Registration of ownership of a cooperative apartment 68 Forced Eviction from an Apartment 69 Apartment division in kind 70 Division of a residential building in kind 71 Obtaining permission to begin construction work 72 Termination of land lease agreement 73 Recognition of ownership of land 74 Recognition of ownership rights for unauthorized construction 75 Recognition of Ownership of Real Estate 76 Registration of a land lease agreement 77 Privatization of official housing in Ukraine 78 Renewal of apartment documents 79 Easement on a land plot 80 Division of communally owned land plot 81 Apply for a permit for a summer playground 82 Normative monetary valuation of land by cadastral number 83 Extract from the land registry about the land plot 84 Consulting on privatization of municipal property 85 Consulting on privatization of state property 86 Privatization of municipal property 87 Comprehensive legal support in approving construction projects at historical and cultural heritage sites 88 To approve urban development projects in the territories of cultural heritage monuments 89 Consultation on legal ways to manage assets under arrest 90 Legal assistance in appealing decisions to refuse to issue permits or in the event of imposing penalties for violating advertising rules 91 Support for the process of approving the placement of advertising structures with state bodies responsible for the protection of cultural heritage 92 Consulting on advertising design requirements in historic areas so that advertising does not violate the harmony of the architectural environment and legal requirements 93 Legal support in asset management tenders 94 Privatization of land (land plot) 95 Statement of claim for the return of pension tax when buying an apartment for the first time 96 Checklist for temporary violation of landscaping 97 A statement of claim for the recognition of the right of ownership of self-construction 98 Privatization of the land under the house 99 Permission to perform construction works 100 Legal support for the purchase of an apartment in a new building 101 Certificate from BTI on ownership 102 Transfer of the preemptive right to purchase land 103 Archive reference from BTI 104 The price of legal support 105 Consultation of a lawyer on the purchase/sale of real estate 106 Lease agreement for a house and a plot of land 107 Land lease agreement between individuals 108 Apartment rental agreement between individuals 109 Environmental impact assessment 110 Car wash construction permit 111 Permit to build a garage on the property 112 Obtaining a construction permit (сс1, сс2, сс3) 113 Gas station construction permit 114 Support for re-registration of an apartment 115 Determining the boundaries of the land plot 116 Transfer of real estate to the wife 117 Re-registration of the land plot for the new owner 118 Permit for an extension to a private house 119 Permit for the construction of a private house (for construction work) 120 Property claim 121 Verification of property ownership 122 Termination of the land lease agreement 123 Termination of the lease agreement 124 Registration of Ownership Rights to a Land Plot 125 Recognition of ownership of land 126 Land lease agreement 127 Permission to build a bomb shelter 128 Extension of the land lease agreement 129 Reregistration of real estate (apartments) in Ukraine from abroad 130 Legalize gas stations 131 Contract of purchase and sale of land plot 132 Redesign the apartment 133 Redecorate the house 134 Contract of purchase and sale of property rights to the object of unfinished construction 135 Development of an apartment purchase and sale agreement 136 Purchase of real estate by a legal entity 137 Special permit for subsoil use 138 Land plot registration in the State Land Cadastre (DZK) 139 Report on inclusivity (accessibility of premises) 140 Warrant for residential premises 141 Register documents for the house 142 Contract of purchase and sale of property rights to an apartment 143 Lease of state and communal land 144 Support for the registration of the lease of a plot of communal property 145 Declaration on commissioning of real estate objects 146 Issuance of a control card for temporary disruption of landscaping and its restoration 147 Registration of the right of ownership of unfinished construction 148 Permit for violation of landscaping objects 149 Legalization of reconstruction 150 Technical passport for a complete property complex 151 Technical passport for a multi-storey building 152 Technical passport for commercial real estate 153 Technical passport BTI for real estate 154 Technical passport for non-residential premises and building 155 Technical passport for the apartment 156 Technical passport for the house 157 Technical passport for the garage 158 Registration of ownership of real estate 159 Registration of technical passport 160 Registration of ownership of a house (real estate) 161 Registration of ownership by court decision 162 Registration of ownership of non-residential premises 163 Registration of ownership of an apartment 164 Registration of unfinished construction 165 Land plot registration 166 Reconstruction permit 167 Inspection of the apartment before the purchase 168 Accompanying the purchase of real estate in France 169 Accompanying the purchase of real estate in Switzerland 170 Accompanying the purchase of real estate in Turkey 171 Accompanying the purchase of real estate in the USA 172 Support for the purchase of real estate in Romania 173 Support for the purchase of real estate in Portugal 174 Support for the purchase of real estate in Poland 175 Support for the purchase of real estate in Germany 176 Accompanying the purchase of real estate in the Netherlands 177 Support for the purchase of real estate in Ukraine 178 Accompanying the purchase of real estate in Spain 179 Accompanying the purchase of real estate in Greece 180 Support for the purchase of real estate in Bulgaria 181 Accompanying the purchase of real estate in England 182 Support for the purchase of real estate in Austria 183 Inspection of real estate before purchase and sale 184 Land privatization 185 Changing the purpose of the garden house 186 Application for providing information from the state land cadastre 187 Obtaining permission to place summer playgrounds (near cafes/restaurants) 188 Obtaining permission to place an advertising sign in Kyiv 189 Separation and division of property in kind 190 Division of the object of immovable property 191 Divide the apartment into separate objects 192 Divide the house into separate objects 193 Conversion of a Garden House into a Residential House 194 Conversion of a country house into a residential one 195 Cadastral number of the land plot 196 Cadastral number 197 Changing the purpose of the premises or building 198 Protection of the developer’s interests during the DIAM inspection 199 Scheme of land development intentions 200 Legalization of a Separate Entrance and Entrance Group 201 Legalize the garage 202 Legalize the attic 203 Legalize the redevelopment 204 Legalize the technical floor 205 Construction passport 206 Production of a technical passport for a house / apartment 207 Construction permit 208 Legalization (legalization) of the extension 209 Notice of commencement of construction works 210 Permit for redevelopment 211 Plot development scheme 212 Make the attic legal 213 Legalize the basement 214 Legalize the balcony 215 Support for the purchase of real estate at the Prozorro sales auction 216 Privatization of a cooperative apartment in Kyiv 217 Obtain a permit for construction and reconstruction of real estate 218 Support of the agreement with the purchase of an apartment or house in Ukraine 219 Legalization of a private house 220 Support for the purchase of real estate by a foreigner in Ukraine 221 A claim for recognition of ownership of a house/apartment/real estate 222 Real estate litigation 223 Exclusion of the apartment from the number of official ones 224 A statement of claim for the recognition of the right of ownership 225 Agreement for the purchase and sale of an apartment (real estate) 226 Privatization of a state apartment by warrant 227 Appealing a purchase and sale agreement 228 Division of the apartment into two apartments 229 Services of a lawyer when buying an apartment 230 Legal Support for Real Estate Transactions in Kyiv and Kyiv Region 231 Commissioning of the oil depot 232 Commissioning of automatic construction 233 Registration of the right of ownership of non-residential premises 234 Division of a residential building in kind between the owners 235 OFFENSIVENESS OF GOVERNMENT REGISTERS AND SUBJECTS OF GOVERNMENT REGISTRATIONS 236 Expert assessment of residential and commercial real estate 237 Division of the house into two separate ones 238 Registration of property rights to the house 239 Division of the house into apartments 240 Division of the apartment into two separate apartments 241 Division of a non-residential building into separate premises 242 Commissioning of the building after reconstruction 243 Legalization of Unauthorized Construction and Construction Amnesty 244 Legal assistance when buying real estate 245 Legal assistance when buying a plot of land 246 Legal assistance when buying an apartment 247 Legalization of apartment redevelopment 248 Legalization of the extension 249 Commissioning of a complex of non-residential buildings 250 Commissioning of the office building 251 Commissioning of a multi-apartment residential building 252 Commissioning of the residential complex 253 Commissioning of the property complex 254 Commissioning of the commercial building 255 Commissioning of the shopping center 256 Commissioning of a technical service station (STO) 257 Commissioning of the car wash 258 Commissioning of the business center 259 To appeal the decision of the state registrar – term and procedure of appeal 260 Obtaining urban planning conditions and restrictions (MUO) in Kyiv and the region 261 Commissioning of gas stations 262 Commissioning of the store 263 Reconstruction of objects of cultural heritage 264 Commissioning of an apartment building 265 Commissioning of the garage 266 Commissioning of a non-residential building 267 Commissioning of a public house 268 Commissioning of a country house 269 Commissioning of the garden house 270 Commissioning of a residential building 271 Privatization of an apartment on the basis of a warrant 272 Legalize MAF (temporary structure) 273 Consultation of a lawyer on real estate and land issues 274 Allocation of share in kind 275 Register SAF (temporary structure) 276 Support of real estate transactions 277 Compensation for damage caused by war 278 Registration of the reconstruction of the premises in an apartment building 279 Legalize the house 280 Legitimize replanning 281 Registration of the reconstruction of the premises 282 Arrange reconstruction of a private house 283 Legalize self-construction 284 Change the purpose of non-residential premises to residential 285 Change the purpose of residential premises to non-residential 286 Legalization and registration of the garage 287 Compensation for destroyed housing during the war 288 FIXATION OF THE VALUE OF DAMAGED PROPERTY AS A CONSEQUENCE OF WAR 289 FIXATION OF DAMAGES CAUSED BY THE WAR 290 LEGAL DUE DILIGENCE OF REAL ESTATE 291 EXPERT ASSESSMENT OF REAL ESTATE 292 TECHNICAL PASSPORT FOR THE HOUSE, APARTMENT 293 Assigment of postal adreress to real estate objects 294 Privatization of immovable property 295 Obtaining town-planning conditions and restrictions on building 296 Commissioning of the faciliti 297 Obtaining a building passport 298 Cancellation of illegal registration 299 Assessment of risks when investing in construction 300 Legalize squatter 301 Registration of ownership 302 Privatization of an apartment 303 Assigning a cadastral number 304 Marking the boundaries of the land plot 305 Registration of land ownership 306 Redevelopment registration 307 Changing the purpose of the building
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Vasyuta Dmytro
Vasyuta Dmytro
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.

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Grounds for Forced Eviction from an Apartment

Forced eviction from an apartment is possible when there are legal grounds provided by law. The specific method of legal protection depends on the basis on which the person resides in the apartment, who owns the property, and whether the occupant has any independent right to use the property.

Typical situations in which eviction may become an issue include:

  • residing in an apartment without a proper legal basis;
  • a tenant refusing to vacate the property after termination of the lease agreement;
  • residence of a former family member of the owner;
  • unauthorized occupation of residential premises;
  • a dispute between the owner and a person who is registered or actually resides in the apartment;
  • the need to enforce an existing court decision on eviction.

Persons who have unlawfully occupied residential premises may be evicted without being provided with other housing. At the same time, for other categories of occupants, the court must take into account the legal grounds for using the housing and the specific circumstances of the case.

Particular attention should be paid to situations involving former family members of the owner. The termination of family relations itself does not automatically mean the loss of the right to use the housing: the Supreme Court has emphasized the need to assess the balance of interests of the parties and all circumstances of the specific case.

Before applying to court, it is necessary to establish not only who owns the apartment, but also on what basis the defendant moved in, resides in the property, and whether they retain the right to use it.

Eviction from an Apartment Involving a Minor Child

Cases involving the following circumstances require special legal assessment:

  • a minor child resides in the apartment;
  • the child is registered in the disputed residential premises;
  • eviction may affect the child’s housing rights;
  • the parties dispute whether another actual place of residence exists;
  • the availability of genuine alternative housing must be assessed.

The presence of a child itself does not mean that eviction is absolutely impossible. However, the rights and interests of the minor must be separately taken into account by the court. In March 2026, the Civil Cassation Court within the Supreme Court specifically emphasized the need to verify the actual availability of alternative housing in the relevant category of disputes.

Therefore, in such cases it is particularly important to prepare evidence in advance concerning the child’s actual place of residence, the availability of other housing, and other circumstances that may be relevant to the court.

Can a Person Be Evicted During Martial Law?

With regard to eviction during martial law, there is no general rule under which any eviction from privately owned housing is automatically prohibited. The legal possibility of eviction must be assessed based on the specific legal grounds, the status of the occupant, and any applicable special restrictions.

It is necessary to separately consider:

  • the legal status of the property;
  • the legal basis for the person’s residence;
  • the existence of a lease agreement or other documents;
  • the existence of a court decision;
  • special restrictions that may apply to the specific situation;
  • the status and rights of persons residing in the apartment.

Benefits of Working with Prikhodko & Partners

In eviction disputes, it is important to correctly determine the legal grounds and the proper method of legal protection before filing a claim. An error at this stage may lead to dismissal of the claim or the need to apply to court again.

We help:

  • analyze apartment documents and ownership rights;
  • determine the grounds for the occupant’s residence and whether they have the right to use the property;
  • develop a legal position taking into account the specific circumstances of the case;
  • prepare notices and claims before going to court, if necessary;
  • prepare a statement of claim and the necessary procedural documents;
  • represent the client’s interests in court;
  • support enforcement of the decision after it enters into legal force.

Procedure for Forced Eviction from an Apartment

The general procedure is as follows:

  1. Analysis of documents and circumstances. The lawyer reviews ownership rights, the grounds on which the defendant moved in and resides in the apartment, agreements, and other documents.
  2. Determination of the legal grounds. The appropriate claims and method of legal protection are identified.
  3. Pre-trial actions. If necessary, a demand or notice to voluntarily vacate the apartment is sent.
  4. Preparation and filing of the claim. The statement of claim and supporting evidence are prepared.
  5. Court proceedings. The lawyer presents the client’s position, submits the necessary documents, and participates in court hearings.
  6. Obtaining the court decision. After the decision enters into legal force, the enforcement document is obtained.
  7. Compulsory enforcement. If the person does not vacate the apartment voluntarily, the decision is transferred for enforcement in accordance with the procedure established by law.

Documents Required to Evict a Person from an Apartment

Depending on the situation, the following documents may be required:

  • documents confirming ownership of the apartment;
  • a lease or tenancy agreement, if one was concluded;
  • documents concerning the person’s registration or place of residence;
  • evidence that the grounds for residence have ceased to exist;
  • correspondence and demands to vacate the apartment;
  • evidence of payment or non-payment for accommodation;
  • documents regarding family composition;
  • evidence of alternative housing, if relevant to the case;
  • other documents and evidence depending on the circumstances of the dispute.

Using a universal sample statement of claim for eviction without analyzing the specific case is risky. A claim to evict a tenant after the end of a lease and a dispute involving a former family member of the owner may require different legal grounds and different sets of evidence.

How to Evict Tenants Without a Written Agreement

To answer the question of how to evict tenants without a written agreement, the lawyer analyzes whether the owner gave consent to the residence, whether there is evidence of agreements between the parties, whether payments were made, and whether there are other circumstances confirming legal relations between them.

The absence of a written agreement does not always mean that the person can simply be physically removed from the apartment.

It is necessary to determine:

  • how the tenants moved into the premises;
  • whether the owner consented to their residence;
  • whether there were verbal agreements;
  • whether payments for accommodation were made;
  • whether there is correspondence between the parties;
  • whether the occupants refused to vacate the apartment voluntarily.

If the person has unlawfully occupied the housing, the Housing Code provides for the possibility of eviction without providing another residential premises.

Enforcement of a Court Decision on Eviction

Obtaining a favorable court decision does not always mean that the person will vacate the apartment voluntarily.

In such a case, enforcement proceedings are initiated. The Law of Ukraine “On Enforcement Proceedings” separately regulates the enforcement of decisions on eviction of a debtor. The actual forced eviction is carried out by an enforcement officer in accordance with the procedure established by law.

The owner does not need to personally remove the occupant’s belongings or physically clear the premises. Once the enforcement document has been obtained, the matter proceeds to compulsory enforcement of the decision.

If, after the court decision enters into legal force, the occupant does not vacate the apartment voluntarily, further eviction is carried out not by the owner personally, but within the enforcement proceedings established by law.

Stages of Cooperation with an Eviction Lawyer

  1. Initial request. The client describes the situation and provides the apartment documents.
  2. Legal analysis. The lawyer determines the status of the occupant, the legal grounds for their residence, and possible methods of protection.
  3. Development of a strategy. The need for a pre-trial demand, court proceedings, and the required evidence is determined.
  4. Court representation. The necessary documents are prepared and the client’s interests are represented.
  5. Enforcement of the decision. If necessary, the lawyer supports enforcement proceedings until the apartment is actually vacated.

Cost of Legal Support for Eviction

The cost of legal assistance depends on the circumstances of the specific case, the status of the person residing in the apartment, the amount of evidence required, and the scope of court work.

In one case, a consultation, legal analysis, and preparation of an eviction notice may be sufficient. In another case, it may be necessary to prepare a claim, participate in several court hearings, work with additional evidence, and provide further support during enforcement proceedings.

Common Situations Involving Forced Eviction

Situation What Should Be Taken into Account?
Tenant after the end of the lease It is necessary to review the agreement, its term, grounds for termination, and the refusal to vacate the apartment.
Tenants without a written agreement It is important to establish the actual arrangements, the owner’s consent to residence, and other evidence of legal relations.
Former husband or wife Divorce itself does not always automatically terminate the right to use the apartment.
Former family member of the owner The circumstances of moving in, duration of residence, and balance of interests of the parties must be taken into account.
Minor child The court separately assesses the rights and interests of the child and the circumstances of their residence.
Unauthorized occupation of the apartment It is necessary to confirm the absence of lawful grounds for residing in the residential premises.
There is a court decision, but the apartment has not been vacated It is necessary to proceed to compulsory enforcement of the court decision.

Conclusion

Forced eviction from an apartment requires correctly determining the legal status of the occupant, the grounds for their residence, and the proper method of legal protection. If a person does not vacate the apartment voluntarily, the owner should not independently change the locks, remove belongings, or use physical force. In relevant cases, the matter is resolved through court, and after obtaining the decision — through enforcement proceedings.

Need to forcibly evict a person from an apartment? Submit a request on the Prikhodko & Partners Law Firm website. A lawyer will analyze the documents, the legal grounds for the occupant’s residence, and recommend the appropriate next steps.

Additional Frequently Asked Questions

Who cannot be evicted from an apartment?

The possibility of eviction depends on the person’s status and the legal grounds for their residence. Cases involving co-owners, minor children, persons with a valid right to use the housing, and former family members of the owner require particular assessment.

How can tenants be evicted without a written agreement?

First, it is necessary to establish on what basis the persons moved into the apartment and whether the owner consented to their residence. If they refuse to vacate voluntarily, the appropriate judicial remedy is determined after analyzing the specific circumstances.

Can a person be evicted from an apartment if they are not registered there?

The absence of registered residence does not automatically allow a person to be physically removed from the apartment. It is necessary to determine whether they have another legal basis for using the property.

How does eviction from an apartment take place under a court decision?

After the decision enters into legal force and the enforcement document is obtained, it may be submitted for compulsory enforcement. If the debtor does not vacate the apartment voluntarily, eviction is carried out under the procedure provided by the Law of Ukraine “On Enforcement Proceedings.”

Can tenants be evicted during martial law?

Martial law itself does not create a general prohibition on any eviction from a privately owned apartment. However, the specific grounds for residence, the occupants’ status, and any special rules applicable to the particular situation must be reviewed.

Can a person be evicted from an apartment in winter?

There is no general prohibition on court-ordered eviction from a privately owned apartment solely because it is winter. The determining factors are the lawful grounds for eviction, the status of the property and the occupant, and the circumstances of the particular case.

Can a new owner evict people from a purchased apartment?

A transfer of ownership does not in every case automatically terminate other persons’ right to reside in the property. The Supreme Court emphasizes the need to examine the legal grounds for using the housing and to maintain a balance between the interests of the parties.

Can a former husband or wife be evicted from an apartment?

Divorce itself does not automatically result in the loss of the right to use the housing. Before applying to court, it is necessary to analyze ownership rights, the circumstances of moving in, the duration and nature of residence, and other facts relevant to the case.