There are situations when citizens who own real estate are faced with the fact that their properties are inhabited by people who do not have the right to do so. This right may not be available initially, or the rental agreement may simply expire. It is usually not possible to evict these people from the apartment on your own, so you have to use the help of law enforcement agencies or evict people by court order.
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Can a local police officer influence citizens?
Initially, if you discover persons in an apartment who are illegally living in this property, it is advisable to contact the district police officer.
For this purpose, a special statement is competently drawn up, but the following nuances are taken into account:
- the district police officer does not have the authority to identify elements of a crime if people occupy housing without official confirmation of their rights;
- Police officers cannot forcibly expel people from an apartment without a court decision, since their actions may be regarded as a violation of the rights of citizens;
- The district police officer is not involved in direct evictions, so he can only conduct a conversation with these citizens to find out why they remain in the living space, and also indicate the possible consequences of continuing to stay in someone else’s apartment;
- he can explain that if they damage someone else’s property, then under Art. 167 of the Criminal Code will be brought to criminal liability;
Article 167. Intentional destruction or damage to property
1. Intentional destruction or damage to someone else’s property, if these acts caused significant damage, -
shall be punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to one year, or by forced labor for a term of up to two years. , or arrest for a term of up to three months, or imprisonment for a term of up to two years.
2. The same acts committed out of hooligan motives, by arson, explosion or other generally dangerous method, or which through negligence resulted in the death of a person or other grave consequences, -
shall be punished by forced labor for a term of up to five years or imprisonment for the same term.
- indicates that he will closely monitor the current circumstances, so if the slightest violation of the law is detected, the citizens will be taken to the police station.
Important! In most cases, a district police officer’s communication with citizens who occupy someone else’s apartment without good reason leads to people becoming afraid of the consequences, so they voluntarily decide to leave their home.
But often, even after communicating with the local police officer, people continue to live in the property.
If the owner of the apartment wants to expel citizens forcibly and quickly, then he will have to go to court in any case.
Legal and illegal eviction, what are the differences? Read the link.
You will need to have with you a protocol drawn up by the district police officer. This document confirms that the owner of the property tried to resolve the issue in a pre-trial manner.
Reasons and nuances for eviction from an apartment, see this video:
Use of official position for illegal entry into a home
Housing means an individual residential building with residential and non-residential premises included in it, residential premises, regardless of the form of ownership, included in the housing stock and suitable for permanent or temporary residence, as well as other premises or buildings not included in the housing stock, but intended for temporary residence.
The Deputy Prosecutor General of the Russian Federation in protest raised the issue of changing the sentence, considering that the court, when qualifying K.’s actions, incorrectly applied the criminal law, using the wording of paragraph “c” of Part 2 of Art. 158 of the Criminal Code of the Russian Federation on illegal entry into another storage facility. The Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation satisfied the protest, indicating the following.
According to the position of the Supreme Court of the Russian Federation, the right of the owners of premises - participants in common shared ownership to own, use and dispose of common property cannot be interpreted as allowing one owner to violate the same rights of other owners, opposing them to their interests.
The police take measures to prevent unauthorized persons from accessing residential premises, other premises and land plots belonging to citizens, premises, land plots and territories occupied by organizations, and to protect the property located there if the entry was accompanied by actions provided for in Part 4 of this article.
No prior consent for reprinting is required from the Ministry of Internal Affairs of the Russian Federation.
Illegal entry into non-residential premises (garage), provided that nothing is stolen, under what article of the Code of Administrative Offenses/UK does responsibility for this act exist?
For example, a theft was committed from a Mercedes-123 car located in the garage. The hinges on the garage doors were cut using a welding machine powered by electricity. To do this, the criminals connected a welding machine to wires running along the external wall above the garage doors. After the gate was dismantled, spare parts and attachments were stolen from M. Veremenko’s vehicle.
Subsequently, Valentina Vikentyeva filed a lawsuit to recover compensation for moral damage from Roman Brynza in the amount of 400 thousand rubles.
How to act correctly
If the owner begins to evict illegal tenants, then it is first important to file a corresponding complaint with the police. A sample application to evict an illegal resident can be downloaded below for free.
Sample application for eviction of an illegal resident.
It is important to choose your police department wisely, since each department deals with different crimes.
If the tenants threaten the owner with violence, then under Art. 119 of the Criminal Code, you must contact the local police officer.
Article 119. Threat of murder or grievous bodily harm
1. Threat of murder or infliction of grievous bodily harm, if there were grounds to fear that this threat would be carried out, -
shall be punishable by compulsory labor for a term of up to four hundred eighty hours, or restriction of liberty for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of up to six months, or imprisonment for a term of up to two years.
2. The same act, committed for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity against any social group, -
shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or without one.
If physical force has already been used, then you will have to file a statement with the criminal investigation department under Art. 111 of the Criminal Code.
Article 111. Intentional infliction of grievous bodily harm
1. Intentional infliction of serious harm to health, dangerous to human life, or resulting in loss of vision, speech, hearing or any organ or loss of organ functions, termination of pregnancy, mental disorder, drug addiction or substance abuse, or resulting in permanent disfigurement a person who has caused a significant permanent loss of general ability to work by at least one third or a complete loss of professional ability to work, known to the perpetrator, -
is punishable by imprisonment for a term of up to eight years.
2. The same acts committed:
a) in relation to a person or his relatives in connection with the performance of official activities by this person or the performance of public duty;
b) in relation to a minor or another person who is known to be in a helpless state by the perpetrator, as well as with special cruelty, humiliation or torture for the victim;
c) in a generally dangerous manner;
d) for hire;
e) for hooligan reasons;
f) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity towards any social group;
g) for the purpose of using the victim’s organs or tissues;
h) with the use of weapons or objects used as weapons -
shall be punishable by imprisonment for a term of up to ten years, with or without restriction of freedom for a term of up to two years.
3. Acts provided for in parts one or two of this article, if they are committed:
a) by a group of persons, a group of persons by prior conspiracy or an organized group;
b) in relation to two or more persons, -
c) has become invalid. — Federal Law of December 8, 2003 N 162-FZ
shall be punishable by imprisonment for a term of up to twelve years, with or without restriction of freedom for a term of up to two years.
4. Acts provided for in parts one, two or three of this article, resulting in the death of the victim through negligence, -
shall be punishable by imprisonment for a term of up to fifteen years, with or without restriction of freedom for a term of up to two years.
The first step is to write a statement to the district police officer about illegally residing citizens.
The whole process is divided into stages:
- Initially, a warning is sent to residents, on the basis of which they must leave the property;
- it is compiled in writing;
- if there is no response, then you will have to contact the district police officer, but the applicant must have all the documents for the apartment confirming his right to this object;
- the district police officer conducts a conversation with citizens living in the apartment illegally;
- They draw up an order for eviction and a protocol.
If all the steps taken do not produce results, the homeowner will have to go to court.
There are several reasons why you can evict citizens who do not have the right to live in housing.
This includes unauthorized occupation of residential premises or residence on the premises at the end of the tenancy agreement.
An important circumstance would be damage to housing or extortion.
If residents violate the rights of their neighbors, then a collective complaint can be made to the police, which is considered much more quickly and in more detail.
Unlawful entry against will
On the same day in the evening, P., using a previously prepared key, opened the door of the terminal located in a store on the street. Lenin in
Vatutina in Pervouralsk, metal stacker worth 8,100 rubles. with cash in the amount of 13,300 rubles.
When deciding whether a person’s actions contain the elements of a crime provided for in Part 1 or 2 of Article 137 of the Criminal Code of the Russian Federation, the court must establish whether it was his intention that information about the private life of a citizen should be kept secret.
Due to the fact that not every protected territory can be recognized as “another storage facility,” but only one specifically designated for the storage of material assets (the territory of the collective farm garden was not such), the qualifying feature of robbery “with illegal entry into another storage facility” is subject to exclusion from the sentence and subsequent decisions in the case.
The fact of penetration into the non-residential premises of the apartment (...) d. (...) in (.....) in (.....) Olonets district for the purpose of stealing B.’s property, as well as the fact of the theft of the fireplace stove, K. is not disputed.
The nuances of drawing up an application to the prosecutor's office
It is considered effective to contact not only the district police officer, but also the prosecutor’s office employees.
Important! The prosecutor has the right to evict citizens who do not have the right to be in the facility, which does not even require a court decision if there are serious violations of the Criminal Code.
The main reason for making such a decision is that residents violate the rights of other citizens. This especially applies to people with disabilities, children or the poor and pensioners. These people cannot defend themselves on their own, so they need the help of law enforcement agencies.
Another reason for eviction may be the creation of a threat to the life or health of people. An example is the regular beating of children living with their parents.
Application form to the prosecutor's office.
It is also important to contact the prosecutor if police officers fail to act.
It is the prosecutor who can carry out an inspection to determine on what grounds various measures were not taken to evict people staying in the facility illegally.
Important! An application to the prosecutor's office can be drawn up not only by neighbors or property owners, but even by various social services.
How to properly file an eviction application
If you need to contact a local police officer or prosecutor to forcibly evict citizens, then it is important to correctly draw up an application.
Based on it, a protocol or other documents will be obtained that confirm that the owner of the property tried to resolve the problem with illegal tenants in a pre-trial manner.
When drawing up this application, the following recommendations are taken into account:
- there is no need to use any standard and strict form, which is necessary when filing a claim in court;
- it is important to describe in detail all the circumstances of the current situation;
- First, it is indicated in whose name the application is being generated;
- At the end there is the date of preparation of the document and the signature of the applicant.
After the application is submitted, a criminal case is initiated.
The applicant is invited to the police station or prosecutor's office to give oral evidence. Expertise is carried out if necessary. Often it is necessary to remove beatings caused by illegal occupants. A decision is made on the application.
If there are no grounds for eviction of citizens, then a negative decision is made on the application. If a citizen is sure that such a decision is unfounded, and is also violated by the Criminal Code, then it is necessary to re-file the appeal, but it must be transferred to higher authorities.
Pre-trial eviction procedure
Before filing a lawsuit to evict citizens from housing in which they have no right to be, it is advisable to use the pre-trial procedure for resolving the problem. For this purpose, the district police officer or the prosecutor's office is involved.
This takes into account the following requirements:
- if the residents do not allow the owner to enter the apartment, then the police and the Ministry of Emergency Situations must be called to open the locks;
- the process is certainly carried out with the participation of witnesses;
- police officers draw up acts and protocols that serve as evidence of the property owner’s unlawful actions on the part of the residents.
Important! Physical force to expel citizens from real estate is permitted only if there is a court decision or a special sanction drawn up by the prosecutor.
Only bailiffs or police can free a property from illegal occupants, their property or pets, so the owners themselves do not have to carry out this process.
Under what conditions is an eviction illegal? See here.
If they themselves try to forcibly evict the tenants, then they may be subject to criminal liability.
Police eviction of citizens illegally living in an apartment, watch the video:
The nuances of eviction with the help of a prosecutor's sanction
The prosecutor's office has the right to issue a special sanction for eviction. To do this, the specific case is carefully considered.
Typically, a sanction is issued under the following conditions:
- there is a threat to the life or health of the tenants or property owners themselves;
- causing damage to property;
- harm is caused to citizens who cannot take care of their own protection.
Important! Prosecutors rarely take advantage of this option, since if they are proven to have exceeded their authority, this could be grounds for removal or prosecution, so they usually advise applicants to go to court.
Is arbitrariness allowed?
Often, the homeowner cannot achieve the desired result by regularly filing statements with the police or the prosecutor.
Even the court can make a negative decision if citizens who live in the apartment have minor children or other reasons for being in this property.
Under such conditions, people may arbitrarily try to evict illegal tenants. But such actions can cause significant negative consequences. Residents themselves can call the police or contact the prosecutor.
Important! A person can lose his right to live in any real estate only through the court, therefore the arbitrariness of the owners of the property is a serious violation of the law.
Arbitrariness is punishable under Art. 330 of the Criminal Code, so it is important to proceed with caution.
Article 330. Arbitrariness
1. Arbitrariness, that is, unauthorized, contrary to the procedure established by law or other normative legal act, the commission of any actions, the legality of which is disputed by an organization or a citizen, if such actions caused significant harm, -
shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by arrest for a term of up to six months.
2. The same act, committed with the use of violence or with the threat of its use, -
shall be punishable by forced labor for a term of up to five years, or arrest for a term of up to six months, or imprisonment for a term of up to five years.
It is advisable to submit applications and complaints to different authorities. If the court takes the side of the defendant, then this decision must be appealed.
It is advisable to use the help of a lawyer at all in court.
