Eviction from an apartment in Almaty: who can be evicted and how

An eviction situation in Almaty almost always catches you off guard. Someone stopped paying their mortgage and received a notice from the bank, someone fell out with their landlord, and someone is being pushed out by a former spouse. In each case the law works differently, and the first solution that comes to mind is often the wrong one.

Mistakes in such cases are costly: people agree to oral arrangements, sign documents without reading them, fail to turn up in court or, on the contrary, try to resolve the matter by force. That is why it is important to understand on what ground you or your relative are being evicted, which documents support the position and what can realistically be raised against the demands.

Who can be evicted from an apartment in Almaty and on what grounds

Eviction from an apartment is not a one-off act but a procedure with specific grounds that are expressly set out in the law. The right to housing is protected, and no one can simply deprive a person of their apartment: an owner, a tenant or a family member cannot be put out on the street by a single decision or a demand from the management company.

The question of what can get you evicted from an apartment cannot be answered in general terms. The grounds for eviction from an apartment are always specific, and without the occupant's voluntary consent the matter is decided in court: first the court checks whether there is a lawful ground, and only then gives its decision.

• Failure to perform obligations under a tenancy or lease agreement
• Systematic violation of neighbours' rights and the rules for use of the dwelling
• Use of the apartment for purposes other than those intended
• Termination of the right of use by a court decision

When eviction from an apartment may face the owner, the tenant and relatives

The owner is the hardest to evict: without providing other housing this is possible only in the case of a mortgage or enforcement against the apartment. If the apartment is not pledged and the debt is not connected with it, enforcement against it is considerably more difficult. Former family members are evicted when they have no share and have not retained the right of use — for example, after dissolution of marriage or the end of family relations with the owner.

A tenant is evicted for non-payment more than twice or for damaging the property. If you rent an apartment and have received a notice, check whether the landlord has grounds. Situations differ depending on who you are, whether you have a share and whether the right of use has been retained.

• the owner — for mortgage debts or in the case of enforcement
• the tenant — for non-payment more than twice or damage to the property
• a former family member — if there is no share and the right of use has not been retained
• a co-owner — cannot be evicted: their share is bought out or the procedure for use is determined

Identify your category — the procedure depends on it.

Eviction from an apartment under a loan or mortgage: what a borrower needs to know

If an apartment is pledged to a bank and there is a delay under a loan or mortgage, the bank is entitled to foreclose on the pledge. The bank may enforce the pledge through court or out of court, if this is provided for by the contract, but occupants can only be evicted by a court decision: no one is automatically put out on the street, and it is not worth counting on the debt being "simply forgotten". Importantly, the procedure concerns not only the borrower but also all persons registered in the apartment — a spouse, children, parents — so the court assesses their rights separately.

Eviction from a mortgaged apartment is possible when the right to reside has ended together with the right of ownership and the law does not establish additional protection for the occupants. If this is your only home, the court may defer eviction, giving time to repay the debt or find another place. The possibilities for protection depend on the stage the process has reached.

• Check whether the apartment is actually pledged and whether the encumbrance is registered
• Establish who else is registered in the apartment and what their rights are
• Collect the loan documents: the contract, the payment schedule, correspondence with the bank
• Apply to the court for a deferral if the home is your only one
• Consider restructuring or a settlement agreement with the bank

How eviction from an apartment through court works: step by step

Eviction from an apartment cannot be carried out without a court. The owner or an authorised person files a claim with the court at the location of the apartment. The court hears the case with the parties summoned and examines the evidence. A decision is then issued which enters into force upon expiry of the period for appeal, and if an appeal is filed — after it has been considered.

If the defendant does not vacate the premises voluntarily, court-ordered eviction from the apartment moves to the enforcement stage. This is handled by a private or state court enforcement officer. They send the debtor a proposal to comply with the decision voluntarily, and then carry out the eviction with the participation of witnesses and draw up a report, ensuring the safekeeping of belongings if necessary. Forced eviction from an apartment through court is possible only on the basis of a writ of execution.

Main steps:

• Preparing and filing a claim with the court at the address of the apartment.
• Hearing of the case: the parties present evidence.
• The court decision and its entry into force.
• Transfer of the writ of execution to the court enforcement officer.
• Forced eviction with the participation of the enforcement officer.

What documents are needed for eviction from an apartment and how to collect them

For an eviction case, the court needs documents confirming your right to the apartment — ownership or lease — and the very fact of a violation by the occupant. Without them it is difficult to prove your position: the court assesses written evidence, not words.

Collecting the package in advance means not losing time and not letting the defendant challenge your arguments. The absence of even one key document can delay the process or lead to the claim being refused.

• Title documents: a sale and purchase agreement, a gift agreement, a certificate of the right to inheritance.
• Tenancy or lease agreements and any supplementary agreements to them.
• A certificate of registered rights from the Legal Cadastre and an address certificate on the persons registered at the address.
• Acts: on non-occupation, damage to property, refusal to vacate the flat.
• Correspondence: written claims, notices, replies, screenshots of messages.

Prepare copies in advance: for the court — one per participant, and for yourself — to check against.

Mistakes in eviction from a flat that prove costly

When a dispute over a flat turns emotional, people try to evict the tenant on their own: changing the locks, putting belongings out the door, making threats. This is self-help eviction from a flat without a court decision, and it entails liability, up to criminal. The injured party files a counterclaim, and then it is you who risks being held liable for self-help, damage to property and moral harm.

Unlawful eviction from a flat often backfires on the person who started it: the court finds the actions unlawful, and the injured party becomes entitled to compensation for losses and damages. To avoid this, apply any measures — restricting access, removing belongings, cutting off water or electricity — only after a court decision and with the involvement of a court enforcement officer. Typical mistakes that prove costly:

• Changing the locks and blocking access to the flat before a court decision.
• Throwing out or withholding a tenant's belongings without an inventory and witnesses.
• Threats, pressure and attempts to evict by force.
• Cutting off utilities to force the tenant to move out.
• Ignoring the court procedure and letting the dispute "drift".

How to defend yourself if you face eviction from an apartment

If eviction is already looming on the horizon, the main thing is not to ignore notifications: the court proceedings will go ahead without you, but then the decision will be made without taking your objections into account. Take part in the process in person or through a representative, state your arguments and present evidence — this is the basis of defence against eviction from an apartment.

At the same time, look for ways to keep your home: the court may grant a deferral of enforcement or order that other housing be provided, if the law provides for such a case. Discuss a settlement agreement with the claimant — sometimes it allows you to stay in the apartment on agreed terms. What to do if you are being evicted from an apartment: don't stay silent, act step by step.

• Do not ignore summons and notifications, take part in the hearings.
• Collect documents on payments, correspondence, certificates on household composition.
• File a motion for a deferral of enforcement of the court decision.
• Propose a settlement agreement with a new payment schedule.
• Find out whether you are entitled to other housing under the law.

In Kazakhstan, a person can be deprived of their home only by a court decision, and a voluntarily signed eviction agreement often removes the possibility of challenging the terms. Before signing anything or moving out, it is worth checking the basis for the claim and your role in the contract.