Application for discharge from apartment (model) 2023 to court

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Look at the completed model of the application for discharge from the non-owner's apartment:

Reference is made to the following examples of lawsuits filed in court for discharge from the apartment:

Grounds for recourse to the courts

The main reason for such an action is the refusal of a citizen ' s voluntary discharge from the apartment; therefore, most of the owners of the dwelling resort to this coercive measure.

The reasons for filing such a claim may be as follows:

• The actual residence of the tenant elsewhere;
• Non-payment of public services within the prescribed time frame, although receipts arrive on time (municipal housing);
• The end of the relationship is the dissolution of the marital relationship or the deprivation of the rights of the parent, etc.;
• The desire of the owner to privatize the dwelling;
• The tenant destroys the property in the dwelling;
• Conditions have been created for the impossibility of living together (scandals with neighbours, conflicts, etc.);
• Casualties to the police, claims by the owner of the apartment are ignored.

The owner of the dwelling has the right to declare a violation, in accordance with article 35, paragraph 2, of the Russian Housing Code.

An appeal to a judicial authority was the last step, and a warning was initially given to the tenant; the reason for filing an application with the court was to ignore the valid claims.

Attention!Our qualified lawyers will assist you free of charge and 24 hours a day on any matter.Find out the details here.

The most important justification for a tenant ' s release is through a court of law.

How to draft a statement

There is no prescribed form for the claim for discharge of the tenant from the accommodation, which is written in an arbitrary form.

While it must be borne in mind that any statement of claim has a structure that must be respected:

• In other words, this is the "scape" of the claim. Please state the name of the judicial organization (full name). The plaintiff's data (name, name, patronymic, place of registration, telephone number) are given below.
• Description: Description of the nature of the case, circumstances, events, list of all documentary evidence;
• The substance includes the applicant ' s findings, which indicate all the listed, which must confirm that the defendant violated the consumer ' s rights by invoking Russian law;
• Statement of the claims against the defendant and the requirement to terminate the right to use the dwelling.

The statement of claim should be given the right title, as far as our case is concerned, it would be the "Prosecution of the right of a person to use a dwelling".

Necessary documents

Attention, the following documents must be attached to the suit:

• Copies of the statements of claim and the annexes thereto for all persons involved in the case;
• Copies and original documents of ownership of the dwelling (contract, certificate of inheritance, etc.);
• A copy of the home book, a certificate of the persons registered at the address;
• A document that confirms that the defendant does not have the right to use the apartment (deprivation of parental rights and others);
• Notice that the person is obliged to release the dwelling with a notice of receipt;
• Other evidence in the case;
• A receipt for the payment of the State duty.

An action may be brought in person before a judicial authority or sent by mail by registered letter with a notice of service.

Method of treatment

In order to start the civil proceedings for forced eviction from the premises, the owner will need to follow the following algorithm:

• To prepare a statement of claim;
• Prepare the evidence base;
• Conduct a sound pre-trial settlement of the conflict; send a registered notification letter or hand over to the defendant a copy of the statement of claim with all annexes;
• Payment of State duty;
• To file an action with the judicial authority of the defendant ' s place of residence or apartment if there is no pre-trial resolution of the conflict;
• Once an action has been brought before a court, it is necessary to wait for a summons on the timing of the hearing and to appear at the hearing;
• In the event of satisfaction of the claim, obtain a valid decision to terminate the use of the accommodation;
• To assist in the execution of the decision of the court.

Human rights are not the owner of the apartment.

The State is responsible for bringing an action before a judicial authority.

Forced eviction is a non-material case under the law.

According to article 333.19, paragraph 1, paragraph 3, of the Tax Code, the State duty for filing a civil action in non-material cases is 300 roubles.

Please note that the government service must be paid before a claim is filed with the court, and the payment document is attached to the claim.

Time limits for eviction

The eviction procedure is carried out for up to 14 working days, although it is established by law that the duration of enforcement of such a court decision may be extended to one month.

Note that documentation of the procedure may in some cases take up to three months; this may be the case when a citizen wants to register in another city.

In order to reduce the time required for this procedure, you can use the State Service Internet Portal and submit all necessary documents through it, in which case the procedure is reduced to three days.

Take a look at the video, let's get out of the apartment through court:



Nuances for different life situations

Note that every situation involving the eviction of a citizen has its nuances and characteristics that must not be forgotten.

Such matters are dealt with through the courts in accordance with Russian law and, in order not to surprise you, the assistance of an experienced jurist will be required to expedite the eviction from the premises and to indicate exactly what is required in your situation.

• Next, we will look at a few situations — each of which is legally subject to special conditions.
• From municipal
• The municipality of residence is owned by the State and the eviction is carried out with the consent of the officials authorized to do so.

Attention! If the tenant (employer) does not wish to be removed from the register, this may be done through the court, but only with the decision of the owner State.

1. From privatized
2. Bringing a lawsuit to the court, listing all the facts of the case, is the first step.
3. Taking into account the following characteristics:

• If a citizen is sentenced to deprivation of liberty, it will be easy to evict him or her, and only if he or she consents to his or her release and action before a court;
• In some cases, the alternative may be to exchange accommodation.

Underage child

In this case, the presence of the parents is mandatory when the registration is withdrawn; children may not be expelled without the written permission of both parents; the child must be registered at the place of registration of one of the parents.

In some cases, the removal of a minor from registration requires authorization from the guardianship and guardianship authorities; if the child has an apartment in his or her possession, he or she cannot be discharged.

From gifted housing

The expulsion is carried out in accordance with the requirements of article 292 of the Civil Code of the Russian Federation.

Remember, the law stipulates that when a gift contract is made, the property is transferred to another person; the person who accepts the gift may expel any citizen who is prescribed in the dwelling.

It is sufficient simply to write a statement of claim to the court at the place of the apartment and attach to the claim a certificate of ownership and gift, and it can be concluded from the jurisprudence that in most cases the court is on the owner ' s side.

Foreign

A foreign citizen ' s proscription is based on a contract, so his eviction requires recourse to a court of law, although there are minor features.

The reasons for the discharge are as follows:

• The operation of the treaty has been completed;
• The party to the contract does not perform the obligations (non-payment of utility charges, or rent, etc.).

If a residence is purchased with a registered foreign citizen, the eviction will be much easier; it simply requires a court action stating that there is no relationship between the citizens.

For immoral behavior

The law allows for the forced eviction of a tenant who has been found to be in immoral behaviour; for this eviction, it is necessary to file a complaint with a judicial authority and to mention immoral behaviour.

For example, the breakdown of the neighbourhood's peace, bullying, or insulting the neighbors. Remember that a statement in this case can be collective – from residents whose rights are violated.

In order to prove their case, it will be necessary for the tenants to provide testimony, the characteristics of the defendant, and much more.

For misuse of premises

The dwelling is used as a warehouse, store or other facility that does not involve living in the dwelling in question, which means that the dwelling is not being used purposefully.

Evidence of improper use of the dwelling is attached to the claim and the decision to evict the dwelling will be taken on the basis of this.

Failure to pay utility charges

For non-payment of utility charges, it is only possible to evict if payments are not made for more than six months.

In this case, it is possible to evict both the employer of the municipal dwelling and the owner of the dwelling; in the case of the owner, the case will be somewhat difficult.

In evicting for this reason, it must be made clear that the non-payment was not due to valid reasons (unemployment, serious illness).

Advice to a real estate lawyer free of charge without registration.

In the case of social housing, the employer is provided with the same housing, and it will not be possible to evict him if at the time of the eviction this is his only dwelling.

For long absence

Even if there is a long absence, it will be difficult to evict the owner ' s commune in a timely manner.

When filing an action, it will be necessary to prove that the eviction does not violate the owner ' s housing rights and that he is resident elsewhere.

In other cases, eviction for prolonged absence is simply impossible and the process may take a long time.

When the procedure is not possible

And there are situations where even a court can't help evict a citizen.

Attention, let's look at situations that prevent citizens from being evicted:

• The owner of the dwelling is a minor citizen and includes orphans who, upon the death of their parents, were given the property of the dwelling;
• Citizens receiving rent who donated housing or sold it to other rent-earners in accordance with the agreement;
• Citizens are employers of service housing registered before 2005 and need to improve housing conditions or have worked in the enterprise for more than a decade;
• If the dwelling is acquired by the spouses during the marriage and is jointly acquired property, it may be carried out only if the citizen actually lives at another address or has another dwelling, and if the person who has obtained a dwelling or a share in it by virtue of the right of inheritance cannot be evicted.

Agreement on the determination of shares in property in common ownership.

Judicial practice

Having reviewed the case law, it may be reported that in cases where the evidence is sufficient and it has been proved that there has been an irregular residence, the judicial authority decides to evict a citizen.

While some cases are complicated by circumstances that may be considered additional, there is a need to involve a qualified lawyer in the proceedings.

In order to reach a decision in favour of the plaintiff, the judicial authority needs to:

• A well-formulated claim;
• Sufficient evidence and evidence to substantiate the plaintiff ' s claim;
• Recourse to a judicial authority and anticipation of completion of the case;
• To obtain a decision which has entered into force and to send it to the Federal Migration Service of Russia to monitor compliance.

How do you get your ex-husband out of your own apartment?



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How is it correct to file a claim for removal of the tenant from the register, followed by a discharge from the apartment?

• The procedure for leaving the apartment through a court decision has been introduced into the legal practice relatively recently, some 20 years ago.
• The law on the privatization of housing was the reason for the establishment of legal norms to regulate the process.
• Residents registered in the same dwelling as its owner,not always agree to a voluntary discharge from the apartment.
• If a tenant needs to be discharged, for example, when selling or privatizing an apartment, but does not want to be voluntarily discharged, there is one way to go – to file a lawsuit with the court demanding that the tenant be removed from the register.
• To that end, it was necessary to know in what cases an action could be brought, who could bring it and what were the conditions for recourse to the courts?

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Under Russian law, there are only two reasons why the FMC service can remove a citizen from the register:

1. The citizen ' s own application for his voluntary release.
2. The court ' s decision to remove the registration.

Serious reasons are required for the preparation of a claim for eviction from an apartment, such as:

• The long-term absence of the tenant;
• The dissolution of the marriage of the owner of the dwelling with the tenant;
• If the tenant does not participate in the payment of public services and maintenance;
• In the case of privatization, so that the act does not include persons who do not actually live at the address.

In addition, the court may decidethe decision that it is not possible to live togetherFor citizens registered at the same address and residing there under a social employment contract.

It can be based on drunken dews, fights, noise during night hours, and social behavior.

Who can sue?

A claim for removal from registration is eligibleowner of the dwellingHe has the right to claim the termination of the right to use the accommodation of a former member of his family.

A model application for removal from registration can be downloaded here.

Another reason may be the purchase of housing with foreign persons already registered (art. 35, art. 31).

Members of the owner ' s family are generally married spouses (a), children and parents living together; however, according to the Decision of the Plenum of the Supreme Court of the Russian Federation (No. 14, para. 19, of 02.07.2009), family members may be considered as members of the family.to be assigned to other relatives.

In housing law, as opposed to family law, the main criterion is the fact of living together and sharing a household.

If a registered defendant actually lives in a given apartment, the claim must be includedrequirement of de facto evictionThat's what I'm talking about.

In such a case, the prosecutor also takes part in the hearing (art. 45, para. 3, art. 131, art.

A claim for removal may be filed with both the citizen living in the municipal apartment and the owner of the dwelling.

Text requirements

The claim for discharge from the apartment is therefore not a model document and does not have a strictly fixed model.Arbitrary presentation of the case is permittedHowever, some structure should be followed.

The model of the claim for removal of the tenant from the register is as follows:

1. In the upper right corner, the name of the court and its full address are written.
2. The complainant ' s last name, first name, patronymic, address and contact details are then written.
3. Information on the respondent is given below, and contact details should also be provided, if possible.
4. The last line of the "head" of the document indicates the amount of the State duty paid.
5. The centre of the sheet is marked with a statement of claim.
6. The whole issue that requires judicial review is then described. It is desirable to describe the situation in as much detail as possible. It should also be pointed out that the plaintiff tried to resolve the problem by means of a peace agreement, but the defendant did not express such a wish.
7. Below the main text is a derogation and "Annexes", followed by the entire list of documents attached to the suit.

1. An action is made in writing and a paper sheet of A-4 format is used.
2. Property disputes relating to the registration of tenants are most often settled in favour of the plaintiff.
3. However, when filing a claim, it is desirableDocumentary evidence of the claimThis can be done by providing evidence, in particular by attaching to the claim:

• A certificate of ownership of the dwelling area;
• A divorce certificate;
• Other documents confirming the termination of family relations (confirmation of lack of joint household management, general budget, mutual assistance and support);
• A document on the travel of the tenant to a different place of residence;
• Proof that the tenant is able to provide himself or herself with housing;
• Tax and utility receipts from the plaintiff;
• Acts on the social behaviour of the tenant documented by the district police officers in the words of the neighbours.

• In the absence of written evidenceThe evidence of witnesses may be brought before a court- living together or neighbours.
• Upon receipt of the court order, the plaintiff applies to the FMC authorities, whose employees will remove the tenant from the register.
• Before filing a suit, it is desirable to inform the tenant of his intentions and to have real proof of that.
• If you know the real place of residence of the tenant, you can send him a copy of the statement of claim and all the documents attached.by means of a registered letter of notification.
• When living together, a package of copies of documents should be handed over to him personally, but in the presence of witnesses.

Documents attached to the claim

Based onart. 131 and art. 132The application shall be filed with the annex of the following documents:

• The right-to-place documents;
• A document confirming the termination of the defendant ' s right to use the dwelling (divorce certificate);
• Notice of service with the request for the release of the premises;
• Documents confirming the validity of the plaintiff ' s claims;
• A receipt for the payment of the mistress.

1. A sample of the application for discharge from the apartment and all necessary documents shall be submitted together with copies of the number of participants in the proceedings.
2. The claim shall be heard in a district or city court on the basis of exceptional rules of jurisdiction, at the location of the disputed dwelling area.
3. In itself, the procedure for the discharge of the tenant who has lost his right to use the dwelling,free of charge.
4. However, a case of a non-material nature is heard only after payment by the plaintiff of the State.

The required amount shall be paid on the basis of the particulars of the court to which the application is to be made, and the amount of the duty shall be determined in accordance with article 333.19, paragraph 1, paragraph 3 of the Criminal Code and in accordance with article 3 of the Code of Criminal Procedure.is 300 rubles..

Video: Step-by-step instruction for the discharge of the tenant from the apartment

• A series of videos provides detailed step-by-step instructions on how to get out of a person's apartment.
• It explains the grounds for the discharge provided for by law, the evidence and documents to support them, the manner in which an application for deregistration can be made, the way in which the proceedings will be brought before a court.

You might also be interested:

We're filing an action for discharge from the apartment.

An action for the discharge of the tenant by the owner of the dwelling

The owner of the dwelling may discharge the residence if he/she does not have a family relationship with him/her (art. 35, para. 1, of the Russian Code of Housing). Members of the family are recognized as spouses, parents and children; for example, after a divorce, the question of a court action for discharge from the ex-husband ' s apartment may arise.

Before filing an action for a discharge from the apartment through the court, it will be necessary to give the tenant an arbitrary notice of the need to release the premises voluntarily and to be discharged within the prescribed time limits, one copy of which will be given to the tenant and the second one will have his signature, the FIO and the date of receipt.

If you are certain that the notice will not be signed, send it by mail by registered mail with an inventory of the contents and a notice of delivery.

Preparation of an application for judicial review

• A claim for termination of a person ' s right to use a dwelling must specify:

• The name of the court to which you apply;
• The complainant ' s FIO, his home address, contact number;
• The defendant ' s FIO and its home address;
• FIO and addresses of third parties (if any);
• Name of claim;
• A brief description of the situation, which constitutes a violation of the plaintiff ' s rights and interests;
• The plaintiff ' s claims and the circumstances by which these claims are justified, with reference to the law;
• List of annexed documents;
• Date the application was made and the plaintiff ' s signature was signed.

If the defendant lives in the owner ' s (claimer ' s) apartment, specify in the application the requirement to evict him.

The application should not require the withdrawal of the defendant ' s registration; the court shall order the termination of the right of use of the dwelling on the basis of which the tenant will be issued.

Necessary documents

Attach to the statement of claim:

• Copies of the statement and the documents attached to it for the respondent;
• Right-making documents for housing (contract of sale, privatization, certificate of succession, etc.);
• An extract from the home book, a certificate of the persons registered;
• A document confirming the termination of the defendant ' s right to use the dwelling (certificate of dissolution of marriage, etc.);
• Notice of release of the premises with service marks;
• Other documents confirming your position;
• A receipt for the payment of the mistress.

Direct the action in person or by post to the District Court, which serves the territory with your property.

An action may be dismissed if:

• The tenant does not have the possibility to reside in another room - the right to use the claimant ' s residence may be retained for a period specified by the court;
• The owner pays alimony to the tenant - the court has the right to order the plaintiff to provide the defendant with other accommodation;
• The defendant lived in an apartment at the time of privatization and agreed to privatization without participation (article 19 of the Act of 29 December 2004 N 189-FZ)

Value of claim

The de-registration requirements are not property claims, so the claim must be subject to a State duty of 300 rubles. If the claims are more than one, the court may order you to pay the fee for each of them and make a determination to that effect with an indication of the amount.

Legal firms charge between 3,000 and 5,000 rubles for filing an application in such disputes, depending on the complexity of the case and the region, and legal representation costs at least 5,000 rubles.

Features of a minor ' s discharge claim

In an application for termination of the right to use a minor's dwelling, the legal representative of the child, one of the parents or guardian, must be indicated; if the child is 14 years of age, he or she will participate in the proceedings together with his or her representative.

Attach to the claim the documents on the transfer of ownership of the dwelling to another person or on the termination of the family relationship with the parent of the minor child who is also registered in the dwelling.

A minor may not be removed from registration if his or her legal representative is one of the owners of the dwelling, in which case he or she must wait until he or she reaches the age of majority.

Once the court proceedings have ended, you will receive an executive notice and, together with an application for enforcement, file a complaint with the bailiff ' s office.

Features of a claim for discharge of a tenant from a municipal apartment

1. The owner of the municipal premises may discharge the tenants if:
2. A claim may also be based on the termination of a contract (or a warrant) for the social employment of a municipality with a tenant if he refuses to leave the occupied area.
3. The employer of social housing may apply to the court to deprive another tenant of the right to use a municipal dwelling if:

• The resident poses a threat to the rest of the residents;
• If the marriage is dissolved;
• The resident has ceased to live in the municipal building.

Before going to court, the owner of the municipal apartment must be notified, which must consent to the eviction of the tenant from the apartment.

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Model application for discharge from an apartment in 2023

If a citizen ceases to have the right to reside in an apartment, he or she is removed from the register and discharged from the residence.

Reasons for the discharge from the apartment and the provisions of the law:

1. Write down by court order for systematic violation of neighbour ' s rights and freedomsIf such a resident is living in a non-privatized apartment, the municipality must first be informed of the violations.
2. DivorceThis is the main reason why claims are brought before the courts to recognize the second half as having lost the right to live together in an apartment, especially in the case of the acquisition of real property prior to the marriage, and in the case of divorce, the second half loses the right to register in an apartment.
3. A citizen who is officially registered in an apartment does not appear in the apartment for a long period of time, actually lives elsewhereIt will be possible to issue it only on condition that he does not register temporarily while living in another real estate facility; if he has one, it will be difficult to make it available.
4. In the case of a non-privatized dwelling, the owner ' s wish to make the dwelling his own property would give him the right to demand the compulsory discharge of all tenants registered in the apartment..
5. The reason for the discharge may be regular police reports of non-compliance with neighbour ' s rights, displeasure of the owner of the apartment, damage to propertyThe tenant will initially be given a number of requirements that he will have to meet, and if he is completely ignored, he will lose his signature in court.
6. Very often municipal housingused for non-target purposes- to live, for example, to open a massage parlor, etc., then there is every reason for a citizen to be discharged from the living quarters.
7. In some casesThe owners of the flats rent them out.But if the owner is unhappy with the tenants and he has terminated the lease, he can write them off on that basis.
8. If, for example,citizen has not lived in the apartment for a long timeThe most common reason for not paying communal payments is that it may be issued for debts, again by a decision of the judicial authorities, in accordance with article 71 of the Code of Criminal Procedure; most often, such an outcome is recorded for tenants in municipal apartments, which are recognized by law as responsible tenants.
9. By judgement of the courtthe parents who have been deprived of their parents ' rights,If they disturb their peace and are harmful to the health of their children and cannot, for good reason, live together.
10. The owner of the dwelling has a right toTo write to all those who live in the apartment, but are neither the owner of the share nor the room.
11. As far as I'm concerned,Underage childrenThat's it.The court will allow them to be released only in exceptional cases,When the second parent has his own housing with satisfactory sanitary requirements.
12. If the apartment is taken overTreaty of givingthat its owner has the right to discharge all residents who have previously lived in it on the basis of article 31 of the Criminal Code of the Russian Federation.

In accordance with the provisions set out in article 35, paragraph 2, of the Code of Criminal Procedure, the institution of judicial proceedings concerning the issue of forced discharge from the apartment is a measure of last resort and the tenant must initially be informed of all the claims against him or her; otherwise, the court may reject the claim.

The plaintiff may be the owners and employers of the dwelling, the neighbours or the municipal authority, and the action may be both individual and collective.

To download a sample of an application for discharge from an MS Word apartment.

In the preparation of the statement of claim, attention should be paid to such points as:

• The jurisdiction of a case involving deprivation of residence rights falls within the competence of the municipal (regional) courts; article 24 of the Code of Criminal Procedure states that an action should be brought before the court at the place where the defendant is registered.
• This type of action is not subject to evaluation, so it is not subject to the term "price of claim".
• The examination of the application takes place after the payment of the fee has been submitted to the court. According to article 333.19 of the Code of Criminal Procedure, the government service is 300 roubles; if the plaintiff decides to withdraw his application for any reason, he is entitled to the payment of the duty.
• All requirements against the defendant must be in accordance with the provisions of article 131-132 of the Criminal Code of the Russian Federation.

The declaration shall contain:

• Name of the district court.
• Claimant data: Name, surname, patronymic, place of residence and passport data.
• The respondent is provided with the same information.
• The application itself contains a request for the eviction of a citizen, all the circumstances that led to this situation, the evidentiary basis for the conflict, and it is necessary for the court to prove an attempt at a peaceful settlement prior to the trial, for example, in the neighbourhood where you spoke of the need for a discharge.
• The final part should contain specific requirements for the defendant and the court, e.g. release of occupied premises, compensation for damage to property.
• Additional documents: cadastral passport, passport registration certificate, proof of non-payment for utilities, etc.
• Payed state duty.
• Copies of the statement of claim by number of parties to the case.

The statement of claim is accompanied by documentary annexes, the list of which is governed by article 132 of the Code of Criminal Procedure of the Russian Federation. In order for the statement of claim to be of greater legal value, the document must contain references to the law in force that violates the defendant.

How to discharge an ex-husband

The ex-wife ' s registration can be withdrawn by mutual consent or through a court of law, and the fact that a dwelling has been acquired is of great importance:

• If the property is owned by both spouses on an equal footing, neither of them will be able to discharge the other.
• If the property is acquired during the marriage, the rights of both spouses are equal; therefore, they cannot apply for removal from registration; the exception is situations where forced cohabitation causes danger to the health or life of the other owner, there is a substantial debt in the commune, etc.
• If the property is purchased before the marriage, or is acquired by inheritance or by a gift contract, only the spouse in whose name the object is registered has the right to have his ex-husband discharged from his estate.

Model application for ex-husband ' s ex-wife ' s statement.

How to discharge a person from a municipal apartment

The owner of the municipal apartment is either the State or the local authorities, and only the owner of the dwelling can discharge the person, and if the court so decides.

There are several reasons for this decision:

• The plaintiff must prove to the court that the payment was not made even though the tenant lived in the apartment.
• In case of total destruction of the apartment.
• If the tenants constantly violate people's social rights to rest at night: they keep making noises, screaming, and loudly including music.
• If the accommodation is used for other purposes than residence.

That is, if your roommate constantly violates your peace with fights or rugged acts, you must lodge a complaint with the owner, the municipality, asking for a strict warning against him, which is prescribed in the Housing Code, article 91, which states: "If the deboshire continues to violate the peace of the citizens after the warning has been given to him, he shall be released on the basis of a court order of discharge."

If the husband wants his husband out of the apartment, but he is a responsible tenant, the entire family may be discharged, not just the husband.

In some cases, only one spouse paid all the communal payments because the wife was in charge of the children or was on maternity leave, in which case the wife could not be discharged, although only the husband paid.

A model application for discharge from a municipal apartment.

Deregistration from official residence

The employee ' s residence is the property of the employer and his/her property; in accordance with the regulations in force, family members, including minor children, have the right to register with him/her.

If the employer loses his propiska after a while, he or she is removed from the register with the family. If, at the time of living in the service apartment, there is a separation between the couple resulting in divorce, the former half loses the right to use the service dwelling.

If the employer applied to the court for a discharge, the decision would be in his favour in most cases.

The exception is that the ex-spouse has good reasons for requesting a stay of judgement (serious illness, financial problems, lack of other accommodation).

In this situation, the court has the right to grant 6 to 12 months in order to remedy the adverse circumstances and find other housing.

How to discharge a minor

Any real estate transaction in which a minor is registered must be authorized by the guardianship and guardianship authorities.

And in order to discharge a child, you have to meet several conditions:

1. First of all,The child must be prescribed in the apartment.If a child is registered with his or her parents, he or she must be registered with his or her parents until he or she reaches the age of majority, but the guardian may challenge it in court, so that the child ' s rights may not be violated, and if the child has a share of the property, then this is the case where only custody is decided.
2. You can only discharge a child ifIf at the same time he is discharged, he shall be admitted to an equivalent dwelling.
3. The child may be discharged without the consent of the second parent only through the court or by prior agreement with the guardianship authorities.
4. If both parents are registered in the home, it is not possible to deprive the child of the right to use the dwelling, except in situations where the guardianship authorities permit it, the first line of kinship (grandmothers, grandparents, brothers, sisters) is to be requested for a request, but there is also a condition that the housing provided should be at least in line with the previous one.
5. If the minor ' s parents have different addresses for registration, the child ' s discharge takes place on the basis of a written agreement between the parents; if no authorization is given, the discharge will not take place.

In addition, both spouses must consent to the discharge or the child cannot be discharged.

A model application for a child's discharge.

How is the discharge from the privatized dwelling carried out?

A privateized dwelling, i.e. a owned apartment, and its owner has the right to do what he wants, including to prescribe and discharge people in it, but there are some restrictions on the discharge and vice versa, the simplicity of the procedure. What should be done on a case-by-case basis?

If it's your apartment, and you've only privatized it for yourself, there's no particular difficulty here:

1. Ask.write a voluntary waiver of the propiska.The application will be submitted to the passport table and will be issued on that basis, but only in the case of adult citizens and close relatives.
2. If you don't get a voluntary release, you're gonna have to.to file a complaint with the court,And ask for a forced discharge.
3. If a child is prescribed in a privatized apartment,Even if the property is registered with one spouse, it can only be written down if the other parent provides him with a good living environment; then the minor is automatically discharged from one address and is registered at another place of residence.
4. The most difficult question about discharge isJointly privatized apartment,That is, the property is equal to the property of both spouses.
5. If the citizen was not registered in the apartment at the time of privatization,In this case, a court order may be issued, in which case the court shall recognize the termination of the right to use and, consequently, shall establish an automatic discharge.
6. If from a privatized dwellingYou have to discharge a member of the family,For example, a son or father can make a temporary sale of an apartment in order to change ownership.
7. If for some reason in a privatized apartmentIt's written by a man who never showed up in it.may be recognized as having failed to exercise their right to housing, but he may be released from court.

Now you know how to discharge a citizen in one case or another, what the circumstances are for a citizen's release.

• Anastasiya
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Request for discharge from the apartment — a sample

Grounds for the discharge of a citizen from the accommodation

How do you file a lawsuit for a discharge from the apartment through a court of law?

Grounds for the discharge of a citizen from the accommodation

The procedure for registering in housing and removing citizens from registration is governed by the rules approved by Government Decision No. 713 of 17 July 1995 (hereinafter referred to as " the Regulations " ). Paragraph 31 of the Regulations defines the cases in which a citizen may be discharged from an apartment.

In particular, subparagraph (e) allows for the compulsory discharge of a citizen who has been found to have lost the right to use the dwelling on the basis of a court decision; accordingly, an application for discharge from the apartment should be prepared for the commencement of the discharge procedure.

In addition, it is not a requirement for a discharge per se (under paragraph 1 of the Rules, it is carried out not by the judicial authorities but by the migration units of the Ministry of Internal Affairs) but by the recognition of a citizen as having lost the right of residence.

The following grounds are provided for the deprivation of the right to live in an apartment under the law in force:

1. The termination of family relations with the owner of the dwelling, unless the agreement between him and the person being discharged is determined otherwise, in accordance with article 31 of the Criminal Code of the Russian Federation.
2. The owner ' s loss of the right to use an apartment (e.g. when it is sold or donated) under article 292 of the Criminal Code of the Russian Federation; all former residents (members of his family) in this situation also lose their right of residence.

How do you file a lawsuit for a discharge from the apartment through a court of law?

In the event of one of the situations listed above, it is possible to proceed with the preparation of the claim.

It should be noted that only the owner of the apartment may be the plaintiff if the family relationship is terminated.

If the owner loses his or her right of residence, he or she, as well as other former residents, should be deprived of his or her right of legal residence to the new owner of the dwelling.

The following points should be taken into account in the preparation of the claim:

1. The jurisdiction of cases of deprivation of residence by virtue of article 24 of the Code of Criminal Procedure is vested in the district (city) court at the place where the defendant is registered.
2. The amount of the public service is determined in accordance with article 333.19 of the Criminal Code of the Russian Federation and amounts to 300 rubles; this type of action is therefore not subject to evaluation; therefore, the "price of the claim" does not apply to it; if, for any reason, the applicant has refused to file the claim, the duty may be returned.
3. The requirements of the claim, as well as its annexes, are defined in articles 131 to 132 of the Criminal Code of the Russian Federation.

Form and content of the claim

Since there are no uniform forms for such applications under the law and no models of requests for discharge from the apartment have been approved, the document, pursuant to article 131 of the Code of Criminal Procedure of the Russian Federation, is drawn up in a free form with the obligation to state:

• The name of the court to which the claim is addressed;
• If the applicant ' s representative is involved in the case, the applicant ' s initials and place of residence;
• The respondent ' s data (initiatives and registration addresses);
• A description of the situation that led to the dispute and the writing of the claim;
• The circumstances, facts and evidence that substantiate and support the claims made in court;
• Reference is made to the documents attached to the claim.

The claim must be signed by the plaintiff; if the plaintiff ' s representative is involved in the case, the plaintiff ' s representative signs the document; in this case, the representative ' s power of attorney is attached to the claim.

The list of annexes necessary to file a complaint is defined by article 132 of the Code of Criminal Procedure of the Russian Federation.

• A copy of the claim (1 copy for the defendant);
• A receipt of the payment of the duty;
• Documents confirming the circumstances set out in the claim, which may include family composition certificates, home book statements, divorce documents and proof of change of ownership of the paper (exposures from the EGRN, contracts, etc.).

Introductory, descriptive, motivational and exculpatory parts of the claim

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In writing the claim, it is advisable to divide it into four parts: on the same basis, most of the documents used in court proceedings (applications, statements, court acts, etc.) are written.

The first part (induction) indicates all the necessary details of the document; in the case of the claim, these are the data of the court, the plaintiff and the defendant.

The second part (description) sets out in stages the nature of the problem that has arisen, which has led to the need for recourse to the courts.

The third part (motivational) is intended to present the plaintiff ' s arguments, which confirm his or her claim; apart from the arguments, it is necessary to provide evidence, facts and references to regulations that allow the claimant to demand anything from the defendant; it is important to remember that the plaintiff can rely only on the circumstances that he or she can confirm.

The latter part of the claim lists the claims that the plaintiff insists on.

The suit is then processed as any other official document: the annexes, the number of pages on which they are drawn, the date on which the claim is filed and the signature.

Note: When making an action, an error can be made: If the errors are material (e.g. the necessary information is not provided), the court is obliged, pursuant to article 136 of the Criminal Code of the Russian Federation, to decide whether to leave the application without motion, giving the plaintiff time to correct the errors made.

To sum up, we note that the technical presentation of the claim is not very difficult, but that much attention should be paid to the substance, credibility and validity of the arguments presented in the document, and that a model application for discharge from the apartment made by our specialists will help to minimize the possibility of errors in drafting.

 

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