"I don't want to and I don't release." How insolent tenants take over other people's apartments

They say my home is my fortress. But what if it was captured from the inside? And the ones you let in. About the difficult relationship of tenants and landlords, it would seem, so much has been said. But sometimes real drama happens. Residents do not pay, change locks and flatly refuse to move out. And this is not Spain, where the “ocupas” – as they are called – have become a natural disaster, before which even the police are retreating. Similar stories happen in Belarus.

That's a twist. In the capital high-rise apartment, the lodger changed the castle and did not let the hostess on the threshold. A similar situation is in another area of Minsk. And these are not isolated cases when homeowners become victims of someone else’s audacity. And to evict the invader is not always possible even with the police.

Timur Dudkin, real estate agent, lawyer: “The main loophole is ‘I don’t want to, I don’t release’.” Because it is impossible to forcibly evict him from there, except by a court order. At least for the time being, this is how the law is structured.”.

It's a Spanish shame. And here is not only about awkwardness, but also about the Spanish “ocupas”, where home invaders have long become a problem of national scale. And local legislation is a real paradise for lovers of living at someone else's expense. Only there, as a rule, are hunted for vacant real estate.

Veronica Zholud: Just in Spain such laws that if a person occupies a house in which no one has lived for a long time, then this person needs this housing. And the owner himself, since he does not currently live in this house or in this apartment, means that he is not in need of housing, so he lives somewhere parallel.”.

Veronica has lived in Spain for a long time. Worked in a beauty salon. And about schemes, how to get free real estate, I heard repeatedly from my clients.

Veronica Zholud: But the occupiers themselves were mostly Moroccans and Spaniards, even, as I told you, with whom I personally knew. And in recent years, they were Ukrainians. A lot of refugees came from Ukraine. They had already found out what the law was, and they decided to take advantage of it.”.

The main thing is to get your things started. It is extremely difficult to evict such invaders, especially if the family is children, disabled or elderly. Paradoxically, Spanish law and the judicial system often side with the invader, with property owners suing for years and often to no avail. Of course, we do not have Spain, the laws are tougher and fairer. But, no, no, but still tenants, accustomed to the role of owners, appear. And they do not enter voluntarily, but under the guise of decent tenants. And to get the keys, agree to any terms.

And if the invader is also a savvy lawyer, it will not be possible to say goodbye to him quickly. Maria ran into one of these tenants. I've been trusted. But after a couple of months, he stopped paying for rent, and even for a communal apartment. Then I changed the locks. It turns out that the law does not prohibit this if the owners themselves let him into the apartment. An official contract is a full guarantee of immunity. Moreover, if we take another similar case, even an oral agreement to surrender the tenant regarded as complete freedom of action. Even after the police visit.

Olga Levkovskaya-Simonovich, lawyer of the Minsk Regional Bar Association: The police will refuse to initiate a criminal case and bring to this kind of responsibility, since in this case there is a composition of civil law relations. But since the Housing Code contains a direct rule according to which the owner can bring a corresponding claim to the court ...”

Invaders generally know that they can only be evicted through court. But to do this, you need to follow a number of procedures that tenants deliberately ignore. For example, they don't terminate a contract.

Irina Shumskaya, lawyer of the Minsk Regional Bar Association: “This is done mainly in order to stay in this residential premises as long as possible, realizing that in fact the landlord cannot forcibly evict the said citizen from the residential premises.”.

And while the court and the case, such tenants, albeit with hassle, but enjoy all housing benefits at the expense of the owners. And there, you see, the trial may be delayed.

Nikolai Bogomyakov, Deputy Chairman of the Court of the Frunze district of Minsk: “The total term is two months of consideration of the case. This is the deadline for a civil case to be heard. In general, based on judicial practice, civil cases can be considered within six months, six months. There are also situations where the consideration of a case requires the commission of complex procedural actions, for example, the involvement of other persons in the case, the appointment of forensic examinations, and so on.”.

To be fair, we rarely get to court. In Spain, they can last for years. And if the owner tries to force the invader, he will not think much. He's at risk of getting himself in jail. That's why guys like this came to the Spanish arena.

"Gentlemen" quietly distribute interviews to TV channels. On the one hand, they are illegal, on the other hand, the Spanish system allows you to evict the invader if he just broke into the apartment and did not have time to unpack things. There's all hope for the neighbors that they notice.

In Belarus, such express evictions involving bouncers can turn into a criminal article against the owner of the housing. Moreover, even grabbing a lodger's hand or throwing away his belongings is fraught. He will say he has lost money or valuables. Then prove that there were none.

Irina Shumskaya, lawyer of the Minsk Regional Bar Association: Unfortunately, there are many situations of illegal opening of a residential premises. The landlord becomes a person who is suspected of committing a crime. No forced eviction measures are generally recommended.”.

Timur Dudkin, realtor, lawyer: Frankly speaking, it makes absolutely no sense to be an occupier. There is no sense in changing the law. The only point that requires regulation is when people don't pay and don't want to be evicted, for example. Or they do not wish, for whatever reason, to terminate the contract if they are given a month's notice.”.

Experts suggest expanding the functions of the police in this regard, so as not to delay the case with long courts. But for now, it's just thoughts out loud. The other side of the problem is when lodgers, on the contrary, run away. The owner then in the red on rent and taxes. This happened to Anastasia from Polotsk. In addition, the contract is easier to hide in the event of the appearance of the police, even if his term has expired or the tenant does not pay his bills for a long time. But illegal surrender – without registration in the tax office – will cost even more.

Denis Tereshkov, Head of the Department of Property Taxation and Business Activities of Individuals of the Ministry of Taxes and Duties of Belarus: Basically, information comes to us from citizens’ appeals: neighbors, former landlords, former employers. There is also a massive amount of information coming from law enforcement. If the fact is confirmed, the citizen will definitely be charged the amount of taxes with penalties. In addition, he is administratively liable for late payment of taxes.”.

Conclude new contracts and renew old ones in cash settlement centers go daily. And often there are apartment battles right here.

Natalia Khohol, deputy head of the settlement and reference center No. 3 of the Moscow district of Minsk: “It even happens that they will conclude a contract, register, depart and in about an hour come back and say that we will not conclude this contract.” - Why not? - "Well, we didn't agree on the price.".

Experts advise: no matter how positive the tenant may seem in all respects, it is better to conclude a contract immediately for a short period of time to take a closer look. But that's no guarantee. And although the scale of housing drams in Spain and Belarus is still incomparable, there is something in common - ownership sometimes has to be proved.