Without a roof over your head: Russians will begin to deprive the only housing

In what cases can you be left without an apartment

According to Russian law, private property is inviolable, but nevertheless there are situations when it can be lost. New court decisions suggest that even the owner of an apartment can easily be asked to vacate the premises. Why can Russians be left without a roof over their heads? Pavel Utkin, the leading lawyer of the Parthenon United Legal Center, told about this to MK.

– In what case can a person be deprived of an apartment?

-When you apply for a mortgage loan, you pledge your home to the bank, and if you have nothing to pay the debt, the bank can take the collateral. You are officially the owner of such an apartment, but you cannot fully dispose of it. According to the law, a credit institution can take a mortgaged apartment if you cannot repay the loan in any case, regardless of who is registered there, whether there are minors, etc.

– How soon can the collateral be withdrawn?

– This is possible only by a court decision, which on average lasts about six months. This is usually preceded by several months of delay on the loan. After the trial, the decision comes into force within 30 days. Also during this period, an appeal is possible, which can delay the process for another several months. Then your apartment will be sold at auction, and this is a few more months. Thus, more than 1.5 years may pass from the moment when you stop paying your mortgage until the moment you move out of the apartment. If the borrower has money and is ready to repay the loan at any time, before the court decision is made, you can conclude a settlement agreement with the bank.

-What should owners do if they find themselves in a hopeless situation and clearly understand that they will no longer be able to pay a mortgage loan?

– It is much more reasonable to sell the apartment on your own, pay off the debt to the bank, and take the rest of the money for yourself. So you can sell your home at much more favorable terms. True, for this you will have to obtain the consent of the bank. But, credit organizations willingly go for the sale of housing by the owner himself, since this saves them from a large number of costs and delays.

Let’s consider another case. Unauthorized redevelopment is the basis for eviction from the apartment?

-Most of the apartments cannot boast of a comfortable, functional layout, especially when it comes to housing built in the Soviet years with a tiny kitchen, small bathrooms, etc. Therefore, quite often, apartment owners decide to improve their home and not always legally permitted methods. For example, when carrying out redevelopment, it is strictly forbidden: to arrange wet zones above the living rooms of neighbors from below; move gas stoves and make changes to the design of gas pipes; demolish load-bearing partitions, as well as part of the partition between the room and the loggia; take out central heating batteries to the balcony or loggia; arrange water heated floors in the apartment; cut or dismantle ventilation ducts.

– Are these redevelopment elements that cannot be agreed upon or legalized?

-Yes. If such a redevelopment is found in the apartment, for example, if you flood the neighbors, then you may be obliged through the court to bring the apartment back to its original form at your own expense. If this is not done within the period specified by the court, then the question may arise of seizing the living space and selling it at auction. In this case, the apartment will be taken away, sold and you will be paid the money earned for it, minus the amount that was spent on bringing the apartment to its original form. Therefore, before implementing your design fantasies, it is better to consult an architect and study the requirements of the law in order to understand what can and cannot be done.