The speaker emphasized that paragraph 1 of Article 28 of the Constitution of the Republic of Kazakhstan directly states: housing is inviolable. Deprivation of housing and eviction from it are not permitted except by a court decision. Entry into a home, its inspection and search are possible only in cases and in the manner prescribed by law.
— This novel has caused widespread discussion among landlords. There is the experience of Spain and a number of other countries where the authorities are actively flirting with the growing left-wing electorate. There, empty housing is often occupied by someone vulnerable – children, the elderly, the sick. It is impossible to evict them without a trial, and the legal process can last for months or years. Our landlords are afraid of exactly this: a person will rent an apartment, stop paying, but refuse to vacate the premises when the owner needs it. What to do in such a situation? Apartment owners are already looking for ways to protect themselves: they require deposits in the amount of three to four months of rent, write contracts so that they do not rent out the entire apartment, but a separate room, which allows them to hire “professional survivalists” to speed up the departure of unwanted residents. Sometimes they even discuss cutting off communications,” says the political scientist.
Gagiz Abishev recalled that in early April the Supreme Court of the Republic of Kazakhstan published an explanation that Article 28 is a novelty that gives absolute priority to the rights of legal property owners.
— Eviction or deprivation of housing is possible only by a court decision that has entered into legal force. Judicial practice is stable: in 2025, out of 2.7 thousand eviction cases, only 6% concerned tenants, the rest concerned homeowners whose ownership rights were disputed, noted Gaziz Abishev.
Thus, the speaker emphasized, the Constitution protects, first of all, owners. The state, banks, and buyers cannot evict people from their homes if this is contrary to the law. In case of violation of the lease agreement, the court satisfies the owner’s claims for damages. The landlord can recover money for accommodation, attorney fees, and even lost profits.
— Why am I personally so in favor of protecting the rights of landlords, that is, apartment owners? Yes, because property rights are generally the most basic rule of any civilized society; its weakening almost always leads to a deterioration in the economic situation. The conclusion is obvious: the housing market needs to be whitewashed. Today, renting out an apartment is possible under a simplified taxation scheme, without an individual entrepreneur, through a banking application. But it is necessary to strive to ensure that all apartments are rented out officially, with contracts and taxes. This is the only way to ensure an optimal balance of rights and obligations of market participants,” the political scientist concluded.
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