The Legal Process for Forcibly Evicting Someone from an Apartment

Understanding the Legal Framework for Forced Eviction in Ukraine

According to ХВИЛЯ: In Ukraine, the rules governing a person's registered place of residence are crucial for navigating a forced eviction. While registration grants the right to use a dwelling, it does not constitute ownership. Consequently, a property owner cannot unilaterally change the locks or evict a person without following proper legal procedures, as such actions may be considered arbitrariness. Navigating this process requires a clear understanding of the distinction between occupancy rights and property title.

Recent legislative changes have streamlined the procedure for deregistering a person without their consent as of 2026, largely due to digitalization, but a court hearing remains mandatory. During proceedings, the court examines evidence of the individual's actual place of residence. This can be supported by witness statements from neighbors or official documents confirming the person has not lived in the apartment for over six months. Utility bills showing the individual does not use the services at the address are also key evidence for the court.

Grounds for Eviction

It is important to note that specific grounds exist for eviction without providing alternative housing, as outlined in Article 116 of the Ukrainian Housing Code. These include:

• Systematic destruction or damage to the apartment;
• Using the living space for purposes other than residence, such as for an office or storage;
• Making cohabitation impossible for neighbors.

For a court to grant an eviction order, documented evidence is essential. This can include police reports for noise violations, official reports from the condominium association regarding property damage, and written complaints from neighbors.

However, forcibly deregistering a pensioner, a child, or a person with nowhere else to go is particularly challenging. As stated in the Constitution of Ukraine,

“No one shall be forcibly deprived of housing except on the basis of the law pursuant to a court decision”

. This underscores the critical importance of adhering to all legal norms when resolving eviction-related matters. The law provides significant protections for vulnerable occupants.

Given these points, the eviction process in Ukraine operates within a clearly defined legal framework designed to protect the rights of occupants, regardless of the owner's status. This necessitates that property owners meticulously follow legal procedures to avoid potential conflicts and legal repercussions. With ongoing legislative updates, understanding these legal nuances is increasingly vital for all parties involved.