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The lawyer explained when the owner can be evicted from the apartment

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┬ęZamir Usmanov/Global Look Press

Large debts can lead to foreclosure on property, including real estate. Lawyer Evgenia Ryzhkova told agency “Prime”, whether the owner of the apartment can be evicted from his own housing for debts.

The lawyer noted that the federal law “On Enforcement Proceedings” contains the principle of correlation between the volume of claims of the exactor and enforcement measures. This means that all measures applied to the debtor must be adequate to the requirements of the enforcement document.

The legislation also prohibits the confiscation of the owner’s only housing as part of enforcement proceedings, Ryzhkova said.

If we are not talking about such situations, the owner can be evicted from his apartment as part of enforcement proceedings. In the case when it comes to the right of common property, the execution is levied on the share of the debtor. If such a share in the common property is not allocated, the creditors have the right to apply to the court with a corresponding demand.

If the owner rents out his apartment, situations may arise when the other party to the contract does not fulfill its obligations. However, it can be difficult to evict tenants who have stopped paying rent. The lawyer told in what cases it is impossible immediately expel non-paying tenants from housing.

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