On the clarification of legislation regarding disputes on the eviction of former family members

Of the total number of civil cases on housing disputes considered by courts, 24% are cases of eviction of citizens without providing other housing, and almost half of them are claims by owners for eviction from residential premises of private housing stock. The defendants in such cases are mainly former family members of the owner. Who is considered a former family member of the owner, and in what cases can the owner of the premises not evict them without providing other housing?

In accordance with paragraph 4 of Article 1 of the Housing Code of the Republic of Belarus, a former family member is a citizen of the Republic of Belarus, as well as a foreign citizen, a stateless person (hereinafter, unless otherwise established by this Code, a citizen) who have lost the status of a family member of the owner, tenant of residential premises, a citizen who is a member of a developer organization, a lessee of residential premises as a result of divorce, deprivation of parental rights, termination of a written agreement recognizing them as a family member, or on other grounds provided for by law, and who continue to reside in the residential premises of the owner, tenant of residential premises, a citizen who is a member of a developer organization, a lessee of residential premises. Pursuant to paragraph 2 of Article 89 of the Housing Code, former family members of the owner of residential premises, other citizens who have the right to own and use residential premises and do not have a share in the common ownership of these residential premises, are subject to eviction from it at the request of the owner of the residential premises without providing other housing, unless otherwise established by a marriage contract or a written agreement on the procedure for using residential premises, as well as by legislative acts.

However, as court practice shows, when applying to the court with a claim for eviction based on paragraph 2 of Article 89 of the Housing Code, plaintiffs do not always take into account that this norm does not provide for the eviction of family members of the former owner of the dwelling. In accordance with paragraph 2 of Article 275 of the Civil Code of the Republic of Belarus, the transfer of ownership of a dwelling house or apartment to another person is not a ground for terminating the right to use the dwelling by family members of the former owner, unless otherwise provided by housing legislation.

For example, the plaintiff Sh. became the owner of the apartment by inheritance after the death of her husband, who in turn inherited the apartment after the death of his mother. The husband's brother, P., is registered in the apartment. Since he is not a family member, Sh. asked the court to evict him without providing other housing.

Since the defendant in the case acquired the right to use the dwelling as a family member of the former owner (his mother), her death and the death of her brother, who inherited the apartment, did not lead to the loss of his status by her family member (son), and the Housing Code does not provide for the eviction of family members of the former owner under paragraph 2 of Article 89, the court reasonably denied the plaintiff's claims.

Head of the Department for Supervision of

Legality of Judicial

Decisions in Civil Cases

Senior Justice Counselor I.N. Titkova