Eviction of citizens from the dormitory
The Regulations on Dormitories define the purpose of dormitories – they are intended for the accommodation of citizens:
• during their employment (service) in a state body, other organization – a dormitory housing lease agreement is typically concluded for the duration of employment (service) relations;
• during their studies – a dormitory housing lease agreement is concluded for the duration of studies;
• during clinical residency in organizations that, in accordance with legislation, train clinical residents – a dormitory housing lease agreement is concluded for the period of clinical residency;
• during sports training.
Issues of eviction from dormitories are regulated by the Housing Code. Since March 2, 2013, the new Housing Code of the Republic of Belarus (hereinafter referred to as the Housing Code of the Republic of Belarus) has been in force, due to which a number of norms in housing legislation have undergone changes, including norms concerning the eviction of citizens from residential premises.
Eviction of citizens from dormitories can be either voluntary or compulsory. Let's start with voluntary eviction.
According to art. 63 of the Housing Code, upon termination or
in case of termination of the dormitory housing lease agreement, the tenant is obliged within 3 days (unless otherwise specified in the agreement) to vacate the living premises and hand it over according to an act in the condition in which it was received. The natural wear and tear of the living premises must be taken into account. The act of handing over the living premises shall be drawn up in two copies in an arbitrary written form and signed by the parties to the lease agreement. In case of termination of the lease agreement at the initiative of the dormitory owner, one month in advance, the lessor must send the tenant a corresponding written warning indicating the reasons for the termination of the agreement. The warning must indicate all citizens registered together with the tenant. A claim for termination of the lease agreement may be filed with the court only after the expiration of the one-month period in case of the tenant's refusal to terminate the agreement or failure to receive a response to the warning. Forced eviction is regulated by Art. 93 of the Code. According to it, the following grounds for eviction are distinguished: – termination by the tenant of labor relations with the organization that provided the dormitory (by agreement of the parties, expiration of the contract, dismissal of the employee at his request under an indefinite employment contract, etc.); – termination by the tenant of labor relations with the organization that applied for the provision of dormitory housing (third-party organization); – the tenant or members of his family living with him have living space in the given locality with a total area of 15 sq. m. or more (in the city of Minsk – 10 sq. m. or more) per person. Moreover, it does not matter whether such premises are owned or used under a lease agreement; – the tenant is a member of a developer organization – after 3 months from the commissioning of the residential building; – the tenant has a six-month debt for housing and communal services without valid reasons; – termination of studies, if the dormitory was provided in connection with studies. Both the tenant andall citizens residing with them.It is also worth mentioning an important point. The Housing Code contains a provision (Article 221 "Transitional Provisions") aimed at protecting the interests of certain categories of citizens who moved into dormitory residential premises before the new Housing Code came into force. According to paragraph 4 of Article 221, tenants of state housing fund premises in dormitories provided before March 2, 2013, cannot be evicted without being provided with other residential premises of typical consumer qualities that meet the requirements of paragraph 3 of Article 84 of the Housing Code, except for tenants whose employment contract has been terminated in accordance with sub-paragraphs 4, 5, and 7-9 of Article 42 of the Labor Code of the Republic of Belarus ():
• those who became disabled as a result of injury, concussion, mutilation, occupational disease sustained while performing production or official duties; those belonging to the categories defined in paragraph 1 and sub-paragraph 3.3 of paragraph 3 of the second part of Article 2, paragraphs 1-4 of the first part of Article 3, Articles 4 and 22 of the Law of the Republic of Belarus of April 17, 1992 No. 1594-XII "On Veterans";
• those who have worked for the organization that provided them with state housing fund premises in the dormitory for at least 10 years;
• those dismissed due to the liquidation of the organization or the reduction of the number or staff of employees of the organization that provided them with state housing fund premises in the dormitory;
• those entitled to retirement or old-age labor pension (including for work under special conditions) and for length of service;
• those who are disabled of Group I or II, as well as families with disabled children;
• those residing with minor children;
• those who have contracted and suffered from radiation sickness caused by the consequences of the Chernobyl disaster, other radiation accidents, disabled persons for whom a causal link has been established between the injury or illness that led to disability and the Chernobyl disaster, other radiation accidents.
From state housing fund premises
members of the family:
• of a deceased employee who was provided with living space in a dormitory;
• residing jointly with tenants of residential premises of the state housing fund in dormitories (with the exception of tenants whose employment contract has been terminated in accordance with subparagraphs 4, 5 and 7-9 of Article 42 of the Labor Code) in the same residential premises and working in the organization that provided the living space in the dormitory, or performing work directly related to the service of the labor collective of this organization.
In conclusion, it should be noted that the legal regulation of the issue of eviction from dormitories has significantly changed in recent years. At the same time, there is continuity between the codes of 1999 and 2013.
Senior Assistant of the Vitebsk Transport Prosecutor's Office
Class 2 Lawyer I.A. Ryzhko