Кого и за что можно выселить из квартиры?

Автор: admin  //  Рубрики: Вопросы юристу

kogo-i-za-chto-mozhno-vyiselit-iz-kvartiryi-1

Кого и за что можно выселить из квартир?

Здравствуйте. Сегодня мы с Вами будем разбираться в таком важном вопросе как кого и за что можно выселить из квартиры.

По закону каждый гражданин имеет право на жилье. Но договор социального найма, регистрация и даже частная собственность на недвижимость не страхует любого из жильцов от лишения прав проживания в квартире.

Нарушения условий мирного сосуществования с соседями, несоблюдение правил эксплуатации жилья. Все это может привести к такому неприятному последствию, как выселение из квартиры. Поводами для такого решения суда могут стать достаточно разнообразные обстоятельства. Разберем некоторые из них.

Неоплата коммунальных услуг

1. Неприватизированное жилье

Законодательно из муниципальной квартиры можно выселить при отсутствии оплаты коммунальных платежей в течение полугода. В случае тяжелого материального положения следует хотя бы частично оплачивать счета за услуги, это поможет отодвинуть процедуру выселения на неопределенный срок.

Если же суд вынес решение о лишении вас права проживания по месту регистрации, то следует знать, что выселить в никуда вас не могут. Нормативные акты предусматривают в таких ситуациях предоставление квартиры с площадью не менее 6-ти квадратов на каждого члена семьи.

2. Собственная квартира

Здесь ситуацию регламентирует статья 446 ГК РФ, которая гласит, что выселение из квартиры злостного неплательщика возможно, если данная недвижимость является не единственным жильем собственника.

Если же ребенок обладает собственной долей в квартире или зарегистрирован в ней, то суд не имеет законных прав на постановление о выселении. В таких случаях объектами, которые пойдут на погашение коммунального долга, могут стать предметы обихода, бытовая техника, находящиеся в квартире. Могут наложить арест и на автомобиль.

kogo-i-za-chto-mozhno-vyiselit-iz-kvartiryi-2

Просроченная ипотека

Ипотечная квартира - это самый критичный вариант для жильцов. Неоднократно простроченный платеж по кредиту становится причиной, по которой выселение неизбежно. Закон прописывает предоставление выселенным заемщикам временного жилья, но на практике семьи с детьми просто лишаются крыши над головой.

Бывшие члены семьи собственника

Когда в суде или ЗАГСе вы разрываете отношения с супругом, бывший муж, его дети или родители перестают быть членами вашей семьи, и, соответственно, лишаются права на проживание в вашей квартире.

Исключение составляет ситуация, когда кто-то из членов семьи отказался на этапе приватизации квартиры от своей доли в вашу пользу. Здесь не получится выселить такого жильца через суд, лишиться прописки он может лишь по собственной инициативе. Также не получиться лишить квадратных метров зарегистрированного жильца, у которого тяжелое материальное положение, и нет альтернативного жилья для проживания.

Выселение за нарушение правил пользования жилой недвижимостью

Основанием для лишения прав проживания могут стать:
- регулярные нарушения прав и интересов соседей по дому;
- несоблюдение санитарно-гигиенических и противопожарных норм;
- нецелевое использование квартиры. Офис или ателье в жилом помещении является нарушением законов РФ, здесь выселение может стать реальным;
- еще одной причиной для лишения прав на квартиру может стать нарушение конструкций здания и несущих конструкций.

Правовые коллизии выселения или вселения достаточно сложны. Для представления своих интересов в суде и консультаций лучше обратиться к профессиональному юристу.

Например, человек из мест лишения свободы, утративший права на проживание, имеет законную возможность после отбывания срока восстановить прописку. Таких ситуаций достаточно много, поэтому обращение к узкому специалисту по жилищному праву является в таких случаях неизбежным.

Напомню, что сегодня мы с Вами рассмотрели вопрос кого и за что можно выселить из квартиры.

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