Disputes about eviction from a home can suddenly take a new turn. After the issuance and execution of the court decision on eviction, illegal tenants, taking advantage of the fact that the apartment is empty, can again move into it, offering new justifications for their presence in it.
In accordance with paragraph 2 of Article 8 of the Law of the Republic of Kazakhstan "On Housing Relations", the eviction of citizens from their residential premises is allowed only in court. Therefore, despite the clearly illegal actions of the tenants who settled in the apartment, the police, most likely, will not decide on the issue of eviction. In the event of applying to them for eviction, the applicant will be advised to apply to the court. The owner has the right to apply to the police with a statement on bringing illegal tenants to criminal liability for malicious failure to comply with a court decision under Article 362 of the Criminal Code of the Republic of Kazakhstan. However, the practice of applying this article in the police has not developed, and the result can be expected for a long time.
If the court decision on the initial eviction was executed by a bailiff, then the enforcement proceedings on it were terminated. It is impossible to repeat the same decision of the court. Therefore, a faster option would be to go to court with a lawsuit for re-eviction of illegal tenants. After the implementation of this decision, you need to take care of the impossibility of their subsequent settlement.