Loss of the right to use the dwelling

When talking about loss of the right to use the dwelling one should understand the difference between municipal and private (civil relations) housing fund, as they are regulated by different legislative acts.

As to the first case, the Housing Code foresees the tenants and members of their families lose their right to use the dwelling if they are absent for 6 months. The housing may be kept for them for longer only for good reasons, determined by the law, for example, if the person is detained or imprisoned.

The countdown begins from the moment the person is leaving its premises. A person is recognized as having lost the right to use the dwelling by court decision if he/she is absent for the stated period of time. And the evidence of one’s absence are: testimony of neighbors, redirection of correspondence, removal of his property to another place, etc.

As for the situation when it comes to private house, Article 405 of the Civil Code of Ukraine determines that the person (family member of the home owner) loses the right to use this housing, if within one year is absent without good reason in this residential area.

The court of law is the only subject empowered to deprive a person its right to use the dwelling.  As a rule, the claimant requires to cancel the residence registration of the defendant.

Very often this procedure is applicable to the foreigners. As we know, every foreigner after receiving temporary residence permit is obliged to register his/her place of residence. Very often when non-residents leave Ukraine they forget to cancel their residence place registration. In such case the procedure described above takes place.

The judgement is a ground for cancellation of residence registration and is the only solution for the homeowner.

If you are a citizen of a foreign country but live in Ukraine in your own an apartment, in case if you want to expel somebody who is registered at your dwelling, you’ll have to come through the same procedure and solve the problem only judicially.