HOUSING DISPUTES

Housing disputes arise frequently, but it is difficult to defend your rights in them. This is due to the diversity of the legislative framework, serious difficulties in the execution of court decisions. It is almost impossible to achieve justice on your own. Therefore, it is better to contact a lawyer for housing disputes.

Transfer of residential premises

A fairly common variant of a housing dispute. The situation arises when the defendant de facto does not occupy housing, but prevents its use by the plaintiff.

Usually the court makes a decision in which it obliges:

● do not interfere with the use of the living space;

● Transfer keys.

There may be other requirements. It all depends on the specific situation.

There are usually no problems at the stage of preparing a statement of claim and court proceedings. The main thing here is to properly collect evidence, to petition for the summoning of witnesses.

Difficulties begin after the court decision enters into force. In most cases, the defendant does not fulfill his requirements voluntarily. We have to take an executive document in court and transfer it to the FSSP.

The authority of the department in the field of non-property obligations is very limited. There are few levers of influence on the debtor, they do not always work. Therefore, it is important that the bailiff applies the full range of enforcement measures – only this guarantees success in such a situation.

It can be difficult to get such a result from an official of the FSSP, because the recoverer does not know exactly what needs to be done in specific circumstances. The result is non-execution of the court's decision.

To avoid such problems, it is better to contact a housing dispute lawyer. He will control the enforcement, will ensure the application of all necessary measures.

Eviction

In this case, the problem situations also most often arise at the execution stage. It is usually not difficult to prove in court that the defendant does not have the right to live in a residential building or use it. As a result, a decision is made in favor of the plaintiff. The problem is that in most cases the defendant does not fulfill it voluntarily. The plaintiff has to receive an executive document and apply to the FSSP.

And then there are difficulties. They may be related to the fact that:

● The debtor cannot be properly notified of the initiation of enforcement proceedings. Without this, the bailiff has no right to start working.

● The debtor finds formally valid reasons for which it is impossible to enforce the court decision forcibly. For example, he constantly takes sick leave.

● The debtor delays the execution in every possible way. For example, he applies to the court for a delay in collecting the performance fee (these are grounds for suspending the proceedings), and then stretches the proceedings for several sessions. As a result, there is no eviction.

With the above, you can quite successfully fight. Another thing is that ordinary citizens who face similar problems do not know how. That is why you cannot do without a housing lawyer here.

Move in

Disputes related to moving in can be more difficult than eviction. But in general, they follow a similar scenario. At the stage of the trial, there are no problems with proving the plaintiff's right to use housing. But after making a decision, the defendant does not fulfill what he was obliged to.

However, obstacles in most cases are of a different kind. The defendant may:

● be absent from the living room at the time of the move-in actions;

● create conditions in which the defendant is as uncomfortable as possible (when living together in the same room).

Often, FSSP employees cannot, due to insufficient qualifications, or simply do not want to defend the rights of the claimant in such circumstances. But they can be forced to do this by contacting a housing dispute lawyer for help.

Determination of the order of use of housing

Such disputes arise if the parties live in a shared housing and have not agreed on the procedure for using it. The situation most often occurs:

● between former spouses after the dissolution of marriage;

● if one owner sold or bequeathed his share to a third party;

● when there is a conflict between relatives.

In this case, the problem appears not only at the stage of enforcement, but also during the trial. After all, it is difficult for the plaintiff to justify why he claims to use a certain part of the dwelling.

However, the execution here is also very difficult. It is problematic to prove the fact of an obstacle on the part of the debtor to the use of housing. It is also difficult to bring him to justice – fines under Article 17.15 of the Administrative Code of the Russian Federation, which in this case is applied by the FSSP, are small, do not hit the financial condition of the second party much.

A housing dispute lawyer will help to correct the situation. He will prepare a claim, represent the interests of the plaintiff at the meeting, and ensure the most effective enforcement of the court decision.