Rus Articles Journal

Who has the right to enter the apartment without your consent?

Local authorities pretty often try to interfere with our private life and therefore our house cannot be considered as “fortress“ in any way. However, knowing laws, it is possible to fight back illegal invasion. Let`s tell who has the right to enter the apartment without the owner`s consent.

At once the question whether have the right to enter the apartment police officers without warrant arises? It appears, have. The law “About Police“ (Art. 15) says that representatives of law enforcement agencies can enter your house in order that:

1) to save life of citizens or their property;
2) to provide a public order at emergency situations and mass riots;
3) to stop a crime without delay and to detain suspects;
4) to establish circumstances of accident.

As you can see, occasions to enter the apartment against the will of the persons living in it, at police there is a lot of. If the law enforcement officer visited you without cause moreover and insulted, it is possible to complain in prosecutor`s office and to appeal to court, expecting to receive compensation.

But not only the police has a right to enter the apartment without consent of owners. In emergency situation (the fire, a flood and so forth) firefighters, and also staff of the Ministry of Emergency Situations in the presence of representatives of management company can force the door lock and enter the apartment. The district police officer will seal up it then.

Visit of the apartment by representatives of the authorities without the permission is the yet not most terrible. It is worse when these authorities can demand eviction of tenants. Occasions for this purpose can be a little:

1) the employer does not pay housing and communal services more than half a year;
2) the employer or temporary residents (tenants) destroy premises or violate the rights and the interests of the neighbors (systematically litter, rustle at night etc.) ;
3) the owner of the apartment uses it under office, a warehouse, veterinary clinic, that is not to destination.

It appears, can move not only the employer, but also the owner of real estate, but only on court. There is an example when in Sverdlovsk region left without apartment of her owner who a long time listened to loud music at night.

Useful remark: the bases to appeal to court with the claim about cancellation of the contract of social hiring will not be if to do in time though any payments for the apartment.

Who else has the right to enter the apartment without the owner`s consent? These are bailiffs. Under the law they have the right to get into a private dwelling to withdraw property by a court decision. At the same time for them there are restrictions. In - the first, they are obliged to warn the debtor about the arrival in advance. In - the second, it is impossible to withdraw household goods and property which brings to the owner the main earnings, for example, the computer, the sewing machine and so forth. It is possible to file a lawsuit against illegal actions of bailiffs the complaint within 10 days.

However the police officer - the performer can play a dirty trick unexpectedly on you on the other hand. He has the right to issue the decrees limiting to debtors departure out of borders of the Russian Federation. And in the law the sum which can become the reason of such drastic measure is not stipulated. There are cases when people could not take off abroad on rest from - for unpaid a fine of 400 rubles in time.

Whether Moszhilinspektion can enter the apartment without the permission? For the present not. However this state organization intends to try to obtain such right. It is connected with the mass of illegal re-plannings of city capital apartments.

Well and who has no rights to enter the apartment without the owner`s consent?

Some citizens complain that U-00ABemployees“ the tax inspection became constant visitor at them . They, allegedly, look for illegal tenants, demand some additional information. Let`s tell directly - it is similar to fraud. Inspectors of tax have no right to visit citizens in their apartments. They can only summon them the letter. Therefore if on the question “Who There?“ the answer “Tax inspector“ will follow, do not open a door.

Separately it is necessary to tell about collectors. Now sign contracts even of the MISINFORMATION with collector agencies, and those try to beat out debts from citizens for the percent. Know that collectors cannot threaten debtors with physical violence, call at night and furthermore to try to get to them into the apartment. Complain of their illegal actions to police or the Financial consumer union.

Well, and in conclusion we will cite the Constitution of the Russian Federation (Art. 25). “The dwelling of citizens is inviolable. Nobody has the right to get into private houses against the will of the persons living in them, except for the cases established by the law or on the basis of the judgment“.