Procedure for eviction from an apartment in Ukraine: how to file a lawsuit

Procedure for eviction from an apartment in Ukraine: how to file a lawsuit

Eviction from an apartment is one of the most complex legal processes in the field of housing law.

Whether it involves a relative, an ex-spouse, or a tenant who fails to fulfill their obligations, the eviction process must be carried out strictly in accordance with Ukrainian legislation and through the courts.

This article examines the situations in which an eviction claim can be filed, how to properly draft it, and what evidence is required.

Legal grounds for filing an eviction lawsuit

A lawsuit for eviction may be filed only if there are legal grounds, as provided by the Housing Code and the Civil Code of Ukraine. The most common grounds include:

• systematic violation of cohabitation rules or abuse of the right to use the apartment;
• termination of family relations with the property owner (for example, after a divorce);
• breach of a rental agreement (e.g. non-payment, property damage);
• residing without legal grounds (absence or cancellation of registration);
• unlawful occupation of the premises by a person who is neither the owner nor a legal user.

Each of these grounds must be supported by documents and/or witness testimony.

How to properly draft and file an eviction lawsuit

For the court to accept the lawsuit, it must comply with procedural requirements. Key preparation steps include:

• identifying the defendant, their address, and legal status;
• describing the specific circumstances that justify the claim;
• attaching copies of property ownership documents;
• providing evidence (reports, contracts, witness statements, etc.);
• preparing motions (e.g. for eviction without offering alternative housing).

The lawsuit should be filed with the district (city) court based on the location of the property. The case may take from several weeks to a few months to review, depending on its complexity and the defendant’s response.

What the court considers hen making an eviction decision

The court assesses not only the documentation but also the circumstances of the defendant’s residence. Important factors include:

• whether the person has alternative housing or can support themselves independently;
• whether there are minor children, people with disabilities, or elderly individuals involved;
• the person’s legal status (co-owner, tenant, family member of the owner);
• the lawfulness of the removal of registration;
• whether there are prior court decisions regarding the property.