A contract that does not provide for a period of validity and other grounds for termination may be terminated by the landlord with at least three months' notice from the employer. Upon termination or termination of the contract, the tenant, together with all persons living with him, is subject to eviction without providing other residential premises.

The Akimat of Rudny, Kostanay region (hereinafter referred to as the Akimat) filed a lawsuit for the eviction of Sh., stating that the apartment at 163-53 Lenin Street, Rudny, is fixed on the balance sheet of the State Institution "Department of Housing and Communal Services, Passenger Transport and Highways of the Akimat of Rudny, Kostanay region." The defendant lives in this apartment under a lease agreement with PKSK dated January 20, 2000, terminated on April 25, 2016. The defendant is not registered as needing housing from the state housing stock, therefore he is subject to eviction. The claim was satisfied by the decision of the Rudnensky City Court of Kostanay region dated October 24, 2016. It was decided to evict Sh. from an apartment located at 163-53 Lenin Street, Rudny, without providing other living space. By the resolution of the judicial Board for Civil Cases of the Kostanay Regional Court dated January 19, 2017, the court's decision was changed. It was decided to evict Sh. from apartment No. 53, house 163, on Lenin Street in the city of Rudny, with the provision of other comfortable housing from the state housing stock. In the petition, the applicant, disagreeing with the decision of the judicial board for civil cases of the Kostanay Regional Court dated January 19, 2017, asks him to change it, upholding the decision of the court of first instance, stating that the court of appeal violated the norms of substantive and procedural law, did not take into account the arguments of the plaintiff substantiating his objections. The Akimat believes that, in accordance with the requirements of article 24 of the Law on Housing Relations, a contract that does not provide for a period of validity and other grounds for termination may be terminated by the landlord at any time with at least three months' notice from the employer. Upon termination or termination of the contract, the tenant, together with all persons living with him, is subject to eviction without providing other residential premises.

A contract that does not provide for a period of validity and other grounds for termination may be terminated by the landlord with at least three months' notice from the employer.

The lease agreement dated January 20, 2000, No. 11, concluded by the defendant with PKSK, was indeed registered with the akimat of the city of Rudny, but only for the purpose of accounting for ownerless housing abandoned by the owners before being transferred to communal ownership. After registering the right of communal ownership, Sh., in accordance with the law, was promptly warned about the need to vacate the housing in connection with the transfer of ownership to another person. According to article 74 of the Law on Housing Relations, housing from the state housing stock or housing rented by a local executive body from a private housing stock is provided to citizens who are registered in need, in the order of priority established by the lists. After the transfer of the dwelling to communal ownership, the contract with the defendant was not renegotiated, since he was not registered with persons in need of housing from the state housing stock. The Judicial Board for Civil Cases of the Supreme Court overturned the decision of the appellate instance of January 19, 2017, upholding the judicial act of the Court of First Instance of October 24, 2016 on the following grounds. During the consideration of the case, the court of first instance found that on January 20, 2000, a lease agreement was signed between PKSK and Sh. for an apartment at the address: 163-53 Lenin Street, Rudny. The defendant lived alone in the disputed apartment. By the decision of the Rudny City Court of September 17, 2003, which entered into force, the apartment at 163-53 Lenin Street, Rudny, was declared ownerless and transferred to communal ownership. Based on the resolution of the Akimat of the city of Rudny, Kostanay region, dated February 25, 2008, No. 407, the disputed apartment was fixed on the balance sheet of the Rudny City Department of Housing and Communal Services, Passenger Transport and Highways of the Akimat of the city of Rudny, ownership was registered in accordance with the established procedure. On April 25, 2016, the defendant was notified of the unilateral termination of the lease agreement and the need to vacate the occupied dwelling after three months.

The court of first instance, satisfying the claims of the Rudny city Akimat, concluded that the lease agreement dated January 20, 2000, terminated due to the termination of the contract, respectively, the defendant is subject to eviction without providing other housing. The Appellate judicial Board, changing the court's decision, indicated that the defendant was subject to eviction with the provision of another comfortable dwelling from the state housing stock, since there were no grounds for eviction without providing another dwelling specified in Article 107 of the Law of the Republic of Kazakhstan "On Housing Relations" (hereinafter – the Law). However, when considering and resolving this housing dispute by the court of appeal, an error was made in applying the substantive law governing these legal relations. By virtue of article 24 of the Law, a contract that does not provide for a period of validity and other grounds for termination may be terminated by the landlord at any time with at least three months' notice from the employer. Upon termination or termination of the contract, the tenant, together with all persons living with him, is subject to eviction without providing other residential premises. In the case, it was established that the lease agreement dated January 20, 2000 No. 11, concluded by the defendant with PKSK, was indeed registered with the akimat of the city of Rudny, but only for the purpose of accounting for ownerless housing abandoned by the owners before being transferred to communal ownership. After registering the right of communal ownership, Sh., in accordance with the law, was promptly warned about the need to vacate the housing in connection with the transfer of ownership to another person.  According to article 74 of the Law, housing from the state housing stock or housing rented by a local executive body from a private housing stock is provided to citizens who are registered as needy, in the order of priority established by the lists. At the same time, the court found that after the transfer to communal ownership, the contract with the defendant was not renegotiated, since he was not registered with persons in need of housing from the state housing stock. In addition, the court of appeal did not take into account that Sh. he lived on the basis of a lease agreement in a private housing stock, respectively, the provisions of Chapter 14 of the Law providing for the termination of the right of use and eviction from the housing of the state housing stock are not applicable to the disputed legal relationship.

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