How to get a person out of the apartment through court, forced discharge from the apartment through court

Unfortunately, circumstances often arise when a tenant has to be evicted against his will.

And it's not always a written citizen who goes to a meeting, so you have to go through a court of law.

This article will describe how to deal with this situation and provide examples of claims.

To solve your problem, you will receive free advice: +7 (499) 653-60-72Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights.910Moscow +7 (812)426-14-07Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights.801St. Petersburg +7 (800)500-27-29Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights.466Other regions

Is it possible?

It also applies to the question of who's going to be prescribed in it.I'm gonna have to get a citizen out of your living quarters.It's possible to go through a court of law.

In some cases, the operation may also be carried out with municipal housing.

Grounds for judicial release

In order to de-registration in a person ' s place of residence, there must be a good reason, especially in the case of municipal housing, and the court must have grounds for the compulsory removal of a citizen from registration.

Such grounds may include:

• The person registered in the dwelling has changed the place of permanent residence;
• The registered citizen was found to be missing;
• Death of a citizen: In such a case, since the person cannot consent to the discharge, he or she is forced to be discharged;
• If the tenant has lost the right to use the dwelling;
• If it is established that the person was registered in violation of the legislation in force;
• Registration was found to be false;
• The employer does not use the dwelling as intended; for example, if a business is illegally opened on the premises of the apartment;
• The employer ' s actions lead to a deterioration in the quality of housing or damage to property;
• The employer deliberately violates the rights and interests of other residents of the home.

Reasons for treatment

Why do you have to go to court?

If a person does not want to change the place of registration and is forced to leave, it is necessary to prove that the rights of the citizen are not violated, and that is the case in the court.

How to determine the jurisdiction of such cases and lawsuits, and what court orders people from apartments?
In order to carry out this procedure, you must file a complaint with the District Court.

Necessary documents

There is no need to go directly to the Federal Migration Service, and in order for a person to be forced to be discharged, he or she will have to apply to the judicial authorities immediately.

But first, a package of documents needs to be prepared:

1. A copy of your passport for the owner of the apartment.
2. The documents establishing your right to own a dwelling, which may include a contract for the purchase of a dwelling from the former owner, a certificate confirming receipt of the dwelling by inheritance or a gift if the dwelling has been donated to you by the other owner.
3. A receipt to confirm the payment of LHC services.
4. A statement showing all the residents registered in the apartment, even the children.
5. Evidence will be available that supports the grounds for the discharge, such as documents confirming the existence of another apartment, witness statements, copies of documents confirming the existence of administrative offences committed by the tenant, and an order from the Housing Inspectorate.
6. State duty paid.
7. Request for withdrawal from registration: This paragraph will be more detailed.

Statement of claim

If you apply to a court to remove a person registered in your apartment, you file a complaint, which requires filing a claim or form No. 6.

If a claim is not filled out correctly, it may lead to further problems; for example, it is a sufficient reason for the court to deny you a claim.

In some cases, the statement of claim varies according to the situation.

A sample of a non-owner discharge claim:
 

 

Here you can download a sample of an action for forced discharge from a non-owner's apartment.

 

The application must specify your passport and the information about the defendant; indicate the address of the apartment and the reasons why the defendant is to be discharged from your residence; the same statement of claim (as in the sample) is written for the discharge of a person from a private house; only it must be added that a home book is attached to the application.

Model application for removal from registration of a municipal dwelling:
 

 

Please download a sample of the application for removal from the register of the municipal dwelling.

It's important!You're not a proprietor, so you're gonna need better reasons to evict a citizen who, like you, is an employer, and these circumstances need to be further described in the application.

Model application to the court for discharge from the ex-husband ' s apartment:
 

 

Here you can download a sample application for discharge and removal from your ex-husband's apartment.

If you're writing off an ex-husband or ex-husband, you have to write in a statement about when the marriage was concluded and when the marriage was dissolved, and you have to prove that the apartment belongs to you.

The application form for discharge from the apartment through the child ' s court:
 

 

You can download the application form for the discharge from the apartment through the child's court.

The hardest part is to evict a minor.This is not only more difficult to justify; it is worth bearing in mind that a child ' s discharge is only possible if there is equivalent alternative housing.

It is possible to make a statement of claim, but it is better to refer to a professional lawyer because minor legal errors may lead to a refusal of the court ' s consideration of the case, and it should be borne in mind that the application must provide as precise and detailed justification as possible for a person ' s discharge from the living quarters.

How to discharge a person from an apartment (home)

The following algorithm needs to be followed for court release:

1. After collecting all the documents, you have to go to the district court, where you pay the state fee of 300 rubles.

You're being given a government fee receipt.

2. You file the application along with the receipt and all the documents and wait until you're called to court.
3. When the case is heard, you will be called to pre-trial proceedings, and the defendant will also be sent a notice, but his presence is not necessary, as is yours, you can simply send your lawyer.
4. After examining all the materials of the case, the trial will take place and, as a result, the court will decide whether to remove the tenant from the apartment or not.
5. If the court decides in your favour, you can get a copy of the judgement, which will be necessary in order to evict the defendant.
6. Having received a copy of the judgement, you have every opportunity to remove the tenant from your residence, even without his or her personal presence.

You simply go to the Federal Migration Service office with your documents and a copy of the court decision, and based on a court decision, the Federal Migration Service officers are obliged to discharge a citizen from the apartment in absentia.

7. In the event that the discharged citizen refuses to leave the apartment despite the court ' s decision, you have the right to appeal to the bailiffs, who are obliged to protect the court ' s decisions, so that the former tenant will be forcibly removed from the apartment.

How much does it cost to get a man out of court?

It was difficult to defend their interests in court on their own, so it was better to use the services of lawyers.

And the lawyer's services aren't cheap, and even helping to make a statement can cost you a lot of money.

As far as the length of the procedure is concerned, the trial may take more than one month.If you have the principle speed of discharge, you'd better try to convince the tenant to apply for removal from the residence register himself.

Features and nuances

A court release is not always a compulsory discharge, but a compulsory discharge always takes place through a court, but there are some categories of citizens who cannot be discharged from the apartment (home) without their consent.

These include:

• Owners of an apartment: If the dwelling is owned by more than one person, one of the owners cannot be discharged, even if it has not been available for quite a long time;
• Minors: If there is no suitable housing where a minor can move after his or her discharge, it is illegal to remove him or her from the register;
• If the citizens were registered in an apartment before it was privatized and, at the time of privatization, they were not entitled to own a dwelling, they could not be discharged;
• If a person does not have a different home and does not have sufficient means to buy it, he or she may be granted a one-year stay before being evicted.

It must be noted that it is always better to convince the tenant to check out himself than to go to court.

There's a few ways to convince a disgruntled co-habitant:

1. Make a written offer to sign out by mutual agreement and give it to the disgruntled tenant, which is the only way to negotiate peacefully.
2. It is also possible to submit a claim that the apartment you own does not wish to be discharged at your request.

In such a case, it would not be possible to forcibly evict anyone without a trial, but it could put pressure on a registered citizen to resolve the matter peacefully.

3. If the perpetrator disturbs public order, causes material damage to the dwelling, you can file a complaint with the police, which allows you not to appear before the court or engage in direct confrontation with the resident, which may force him to apply for eviction of his own free will.

So, as the owner of the dwelling, you have every right to have other citizens registered in it expelled from your apartment, but let's not forget that this claim has a lot of nuances.

You can also write out a person from a municipal apartment who has not lived in it for a long time, or who has behaved wrongfully, or who has violated his or her living conditions, or who has been using his or her home for an improper purpose. The procedure for forced discharge through a court of law is long and time-consuming and time-consuming. As far as possible, it is better to find a peaceful way out of the situation.

To solve your problem, you will receive free advice: +7 (499) 653-60-72Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights.910Moscow +7 (812)426-14-07Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights.801St. Petersburg +7 (800)500-27-29Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Sub-Commission on the Promotion and Protection of Human Rights.466Other regions

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How to get a person out of an apartment or a private house through a court of law

Property disputes are a situation in which a citizen is discharged through a court of law, but in order to do so, it is necessary to bring sufficient evidence to the fore.

Depending on the form of ownership of the property, the factors in which a citizen can be discharged also change, the process of deregistration through the court may take a couple of months from the time of filing the application, and the plaintiff must be prepared for a situation in which a citizen can be expelled only after another place of residence has been granted.

Wherever possible

Regardless of the reason why a person is required to be released, there must be sufficient grounds for doing so.

Most often, the following cases are brought before the courts in order to evict the tenants from their home or apartment:

• The person has been living at another address for a long time and the official place of residence has not been available for a long time;
• The privatization of municipal housing cannot take place if a certain person is registered in real estate;
• The registered tenant does not want to pay maintenance bills (taxes, communal payments);
• Termination of family or related relations;
• The inability to live with a person in the same room.

If the plaintiff and the defendant are ex-wives, the court will appoint him as a duty to create a place of residence for the defendant.

Another problem is that of spouses, one of whom privatized the apartment before the marriage, where more examples can be given, all of them showing that a person cannot be evicted on purpose.

• Model application for discharge from the non-owner ' s apartment:

How to discharge a person through court

In order for a person to be removed from registration without his or her consent, an order must be obtained.

In order to obtain the necessary response, it is necessary to:

1. To go to the Magistrate ' s Court, located at the applicant ' s place of registration, or at the place of the house or apartment.
2. To file an action stating the reasons why the defendant must leave the residence and withdraw the registration; the action shall be filed in triplicate: for the court, for the plaintiff, for the defendant.
3. In order to accept the claim, it is necessary to attach a receipt for the payment of court expenses.
4. Provide the documents necessary for the discharge.

The plaintiff himself must inform the defendant of his application to the court for a citizen ' s release, and the best evidence is that attempts to transmit information were made.

For this purpose, the original statement of claim shall be sent if the real address of the residence is known (the claim must be sent by registered letter with notice), or the full package of documents shall be provided if it is possible to meet in person; additional evidence may be taken with the witnesses.

The Court requires the following documents:

• A copy of the plaintiff ' s passport;
• A copy of the home book (all pages required);
• Copies of documents confirming the plaintiff ' s ownership;
• If the former spouse is to be discharged, it is desirable to attach a copy of the divorce certificate;
• an extract from the EGRP.

1. Model application to court for discharge from a municipal apartment:

Where to Go

The application to the court requires that the owner of the dwelling be able to obtain a document that permits the discharge of a citizen registered in the property; in order to withdraw the registration, the court order must be issued to the FMC, where the person will be discharged in a standard manner.

Formation and model of statement of claim

In order for the court not only to accept the application, but also to help achieve justice, it is necessary to provide proof of what is said; any documents that will help the discharge of a citizen may be any document proving his unlawful presence against the wishes of the plaintiff; the rules of submission and the time limit are regulated by the Russian Civil Code.

The application shall be made with the following information:

• Name of judicial authority;
• The complainant ' s data and address;
• The defendant ' s data and address;
• Purpose and purpose of the communication;
• The reasons or circumstances on which the defendant must leave the premises;
• A list of requirements with precise wording;
• Attached are all documents that are evidence of the plaintiff ' s words and views;
• Date of departure;
• The applicant ' s signature.

To download a sample of the application for discharge from the apartment

If a citizen is registered in an apartment or house on a temporary basis but is required to evict a person before the deadline, it is also necessary to apply to the court.

For a positive outcome, it was necessary to attach documents that would be the reason for the eviction, and for the court to be sure that the apartment belonged to the plaintiff, documents were also attached to prove ownership of the apartment.

In order to evict a citizen who is registered on a permanent basis, grounds and documents are required to prove the right to property; it is always possible to ask the defendant to be discharged on his own behalf, allowing him to register on a temporary basis at another place of residence; a temporary registration form is attached for this purpose.

Model application for discharge from the ex-husband ' s apartment:

Cost and time frame of the procedure

A discharge from the plaintiff ' s property will cost 200 rubles, which must be paid as a public service, and if a suit is filed against a few people at once, the duty will be paid for each of the citizens.

The action takes place within five days and is pending for up to two months, so long as the complaint is heard and the truth is sought, and if the court ' s decision has not been appealed, the documents may be filed with the FMC.

The FMC requires 14 days for a court-ordered discharge; it is not uncommon for the proceedings to be delayed until one month, but only when the individual is discharged; once the registration has been withdrawn, the defendant will be issued a notice of departure and the passport will be marked accordingly.

Application form for discharge from the apartment through the child ' s court

Features of the procedure in privatized and municipal apartments

The procedure for the discharge may also change. The reason is the fact that the property is owned by the State or by an individual. Judicial practice allows a citizen to be discharged from any apartment, whether privatized or municipal.

The discharge from the municipal apartment is much easier due to a greater list of reasons that may serve as an application to court for the forced eviction of a citizen.

The following reasons are used:

• Alcoholism;
• Chestnuts;
• Misuse of housing;
• Damage to property;
• It's a hooliganism.

Since the apartment is owned by the State, the plaintiff becomes a municipality or executive authority, and the application for a discharge on the basis of these reasons may be extended to all members of the family belonging to the State.

If a person needs to be discharged from a privatized apartment, the number of grounds for withdrawing registration is much smaller; the main condition is that only a person who is not a close relative or owner can be expelled.

If a registered person does not pay the utility bills, this is not a condition for eviction; the only measure that can be taken is to collect debts through court.

Whether or not a claim is brought before a court, it is necessary to ascertain that there are legitimate grounds for withdrawing the registration.

Possible complications

Since the eviction situation is a complex operation, it carries many complications that arise as the lawsuit moves forward.

Difficulties in withdrawing the registration of the following categories of citizens are guaranteed:

• Children following the loss of parental rights;
• Natural persons who were previously entitled to property or who are participants in privatization;
• Natural persons who have been granted the right of residence by the court because of their poor financial situation or because of lack of alternative accommodation.

The specialist will be able to supplement the "dapka" with additional documents or papers that will help to win the case, and it is often because of the incompetence of the plaintiff, who is unwilling to turn to a lawyer, that it is necessary to repeat the treatment with the documentation already completed.

Implementation of the decision

In order to legally release a person from property, it is necessary to proceed according to the following plan:

1. To apply to the court for the purpose of depriving a citizen of his or her registration on substantial grounds.
2. With the court ' s decision to go to the FMC section, also bring an application for discharge.
3. Wait for the application to be considered.

If a citizen refuses to leave his or her property, he or she must contact the bailiffs who will carry out the forced eviction procedure.

How the propiska is processed through the IFC, see next.

From here, you'll be able to find out what the conditions are for the child's registration through the State Services.

Forced discharge from the apartment through court — order, timing

Just 20 years ago, court offices were literally flooded with eviction claims, which was understandable – active privatization motivated people to file for forced discharge from the apartment of unwanted tenants.

Today, the number of such cases has declined significantly, and recourse to the courts is an extreme phase, which is resorted to when there is no other way out of the situation. Consider how forced discharge from an apartment through a court of law occurs when it is appropriate and in what situations it is necessary to do so.

Grounds for forced discharge

According to article 40 of the Constitution of the Russian Federation, everyone has the right to a place of residence; it is impossible to simply take and discharge a person, even if you are the owner of an apartment; even in judicial proceedings, eviction is not always possible; the court will clarify the financial situation of the tenant, the existence or absence of alternative housing, etc.

In any case, a valid ground is required for the discharge. It is simply not sufficient for the owner ' s wishes.

• The dissolution of marriage;
• Non-payment of LAC accounts;
• Systematic violation of public order;
• Indecent behaviour;
• Long-term residence at another address;
• The exclusion of the dwelling in favour of the other owner;
• :: Misuse of housing;
• Military service;
• Prosecution with a preventive measure of deprivation of liberty;
• The death of the tenant.

The owner must prove the existence of the grounds; he alone has the right to initiate judicial eviction; in some cases the guardianship and guardianship authorities may intervene (for example, when the question of eviction or residence affects the rights of minors).

How to get a man out of the apartment in court

If a person is to be removed from his or her registration register, he or she must apply to the court; once a decision has been taken, an application can be made to the passport desk, and we can consider the process in more detail.

Release algorithm

Before proceeding to a judicial authority, the tenant must be informed of his or her intention; a claim may be filed only if the resident has ignored the notice, refused to be discharged and has not changed his or her behaviour.

A pre-trial claim may be filed in writing or orally; in the first case, the notice is given to the addressee under a personal signature; in the second, the notice to the tenant must be confirmed by witnesses.

In general, the eviction instruction will be as follows:

1. Determination of violation of living conditions.
2. Formulate the pre-trial claim with an indication of the intention to go to court.
3. Preparation of evidence: These may include witness statements, receipts, reports, copies of transcripts, audio and video files, photographs.
4. Issuance and filing of an application for discharge.
5. Admission to court hearings.
6. Getting an executive list.
7. Visit to the territorial division of the Ministry of Internal Affairs (passport table) at the place where the apartment is located.
8. Resident's discharge on the basis of a court decision.

The actual release of the dwelling by the tenant must then take place and, if he refuses to leave the premises, contact the Federal Service of Court Guards, who will evict an illegal resident.

Statement of claim

An action before a court shall be filed by the plaintiff or his representative and the document shall be submitted to the district or city court of general jurisdiction.

The application is made in accordance with the requirements of article 131 of the Code of Criminal Procedure of the Russian Federation. Any violation of the rules governing the preparation of a document may lead to the return of the claim to the applicant for correction; this is why it is appropriate to contact a professional lawyer for the purpose of processing the document.

The text of the statement of claim should state:

• Name of judicial authority;
• Claimant's identity – FIO, passport, residence address, contact information;
• The defendant's identity – FIO, address of residence, contact details;
• The problem of reference to legislation and evidence;
• Court demand;
• List of annexed documents;
• Date and signature.

The lawsuit is written in business style. The circumstances should be described as tight and concise as possible. Everything should be business-related. It is desirable to seek advice from our specialists. They will show us how best to file a lawsuit free of charge.

Documents

In order to apply to the court, it is necessary to provide:

Other documents may also be required, depending on the situation; for example, the former spouse ' s discharge must be accompanied by a divorce certificate and, if the child is removed from the register, the authority of the guardianship and guardianship authorities will be required.

In addition, there will be a need to prepare the evidence base.

• Witnesses ' testimony;
• Audio, video and photographic evidence of a disturbance of public order;
• Confirmation of non-payment of LAC services (if any);
• A statement of the defendant ' s actual residence at another address;
• Copies of detention protocols and recording of disturbance by neighbours;
• A certificate from a soldier;
• A copy of the court ' s decision with a sentence of deprivation of liberty;
• A copy of the death certificate or the court ' s decision to declare a citizen missing.

The evidence base varies according to the situation.

Time frame

Applications are accepted and considered within two months; this is provided for in article 154 of the Code of Criminal Procedure of the Russian Federation; however, in practice, the length of time may be prolonged due to the heavy workload of the judicial body; the duration of the case is also affected by the particular nature of the case; the disputed situation with regard to mutual evidence will increase the time for consideration.

Once a decision has been handed down, the parties have the right to appeal to the highest court, which gives them a month ' s notice.

On average, the entire compulsory discharge procedure will take about three to four months; in most cases, it is not possible to speed up the process.

Specific features of the eviction procedure, depending on the situation

Each situation has its nuances to take into account in eviction. Consider what needs to be taken into account.

Evidentialization of a foreign person

It is often the case that the dwelling is occupied by a citizen who is not part of the owner ' s family, such as a former spouse or his relatives, a tenant who had previously shared a household with the owner, etc.

In this case, it is necessary to prove in court the absence of a family relationship.

• Witnesses ' testimony;
• A certificate of dissolution of marriage;
• An extract from Rosreestre confirming that the prescribed person has another dwelling;
• Other evidence.

A former family member may only be discharged by the owner of the privatized dwelling, and the court may reserve the right to use the dwelling free of charge for a specified period of time, and the court may order the owner to provide the former family member with other accommodation (this is allowed if the owner is under maintenance with respect to the tenant).

If the apartment is municipal, the former member of the family retains the right of residence; however, when it is not possible to live together, the question of the forced exchange of housing may be raised.

The discharge is also possible when the owner changes, but in this case it is not easy. If the tenant is an employer who has refused privatization, it cannot be discharged under any circumstances.

Amoral behaviour of the tenant

If a resident violates the rights and legitimate interests of his or her neighbours, he or she may be evicted from his or her occupied premises, as follows:

• hooliganism (drinking, fighting, indecent behaviour, etc.);
• Violations of the law on silence;
• Insulting the person;
• slander, etc.

Evidence of the regularity of unlawful acts would be required to be brought before a court; witnesses ' testimony, documents from law enforcement agencies, etc., could be used as evidence.

Misuse of premises or violation of regulations

The living space cannot be used as a warehouse, office, production centre, gymnasium, animal transport, etc.

In addition, other requirements may be violated: for example, the tenant may misuse communication and thus violate fire safety regulations, deliberately damage structures, etc.

Illegal registration by place of residence

People who do not have a reason to move into an apartment are not allowed to do so; this is due to the inattention of the employees of the institution or to the forgery of documents.

The discharge of this category of citizens may be carried out in one of two ways:

1. Cancellation of permanent registration at UVMS.
2. Requesting a court to evict a person who does not have a legal right to housing.

In the first case, it would be necessary to write a statement detailing the situation; the facts described in the statement were verified; if the circumstances were confirmed, all violations would be corrected and the request cancelled.

Failure to pay utility charges

If the payment for the provision of LAC services is not paid for more than six months, the owner (the municipality or the State) is entitled to evict the employer and his/her family but to provide the tenants with a smaller apartment or room.

Sometimes it happens that the burden of paying utility payments falls entirely on the employer. It is the legal responsibility of the employer to pay for the timely transfer, so other unfair tenants can take advantage of it. The employer can't explain that someone does not pay and pay all of them to avoid losing their accommodation.

This problem is resolved through the conclusion of an agreement and the separation of personal accounts; if the tenant does not agree to the issuance of documents, it is enforced by the courts.

Long absence from a municipal apartment

This becomes a problem when tenants intend to privatize the apartment but cannot do so because one of the residents does not have a long time (the documents need his signature); another option is the need for a family member to sign (without the consent of all residents).

The length of absence is not specified by law, but this is the reason for bringing the case before a court, and it is necessary to prove in court that the alien has a different place of residence and does not pay the bill; the evidence includes witness statements, statements, etc.

A minor ' s discharge

The removal from the registration of a minor may take place only with his or her parents; this requirement arises from the fact that the law requires that the child be registered with at least one of the parents.

You can't just get a minor out of the apartment, but it's a condition that there's a new place for permanent registration.

If the discharge takes place in court, a representative of the guardianship and guardianship authorities must be involved; the absence of an authorized representative may lead to the annulment of the decision.

In which cases forced discharge is not possible

It is illegal to discharge a person in three cases:

1. If he is the owner, co-owner or co-owner of the dwelling, he has the right not to live in his dwelling, but all his property rights are inalienable.
2. If he is absent at the place where he is registered for good reason, for example, the release of a person undergoing prolonged treatment is illegal.
3. Where such a condition exists in the marriage contract.

Also, a person who has refused privatization may not be discharged; under the law, he or she has the right to use a dwelling for life; in all other cases, the discharge may be carried out in a court of law.

If there are difficulties or if your rights have been violated, ask for legal advice. You can get free legal aid on our website. Ask an expert in a special window.

Now you know how a forced discharge from an apartment through a court of law takes time and money, but it also requires specific knowledge. It is desirable to seek advice from our lawyers.

Exit from the apartment through court in 2023 — what documents are required, enforced, by court order

Deregistration at the address of the propiska is at the request of the registered person; the owner of the premises is not entitled to discharge the person ' s identity without his or her consent.

How do you get out of the apartment through court in 2023?

Forced discharge is carried out on the basis of a court decision. How did a person get out of an apartment through a court in 2023?

What You Need to Know

The Constitution of the Russian Federation enshrines the right of the individual to housing, and the infringement of citizens ' housing rights is unacceptable, meaning that no one can simply be taken away from a dwelling.

The usual procedure for the discharge is to refer the person being discharged to the registry authorities.

He submits an application for a discharge and provides the necessary package of documents, and within three days the citizen is discharged from the premises.

And when a person does not wish to be discharged, the propiska shall not be cancelled except by his will; and the wish of the owner shall not be taken into account; and Allah is Oft-Forgiving, Most Merciful.

For forced discharge, a claim must be brought before a court and the grounds must be confirmed.

Definitions

With regard to the discharge, it would be useful to look at the related terms in detail; according to the law, every Russian citizen must be registered.

This procedure is the entry into a special database of the place of residence of a particular citizen.

Registration at the place of residence allows a person to use a dwelling at a given address; unlike the right of ownership, a propiska does not permit the use of a dwelling.

At the same time, however, the owner of the dwelling cannot prohibit a registered citizen from living in an apartment.

If the owner wishes to release someone from the residence, he should arrange for a voluntary discharge, but this is not always the case, and then the situation is settled through a court of law.

The compulsory discharge from the apartment through the court implies that the plaintiff-owner argues the grounds for the eviction; if the court finds the claim to be lawful, it will issue an appropriate decision.

The owner then has the right to apply to the registration authorities and to make his or her own release without the consent of the person being discharged.

On what grounds is it possible

The grounds for forced discharge must be strong enough; the wish of the owner of the dwelling alone is not sufficient.

Among the most frequent grounds are:

The holder who filed an application for compulsory discharge is obliged to state the reasons for the cancellation of the propiska and to document them.

The court ' s decision depends on many circumstances; for example, it is found that the person who is being discharged has a home of his or her own; in this case, there will be no problem with the discharge.

But when the person who is being discharged does not have a different dwelling and it is not possible to provide normal housing conditions, the court may refuse or postpone the discharge.

The discharge of minors was difficult and the court would grant such an action only if there was another suitable dwelling and only with the consent of the guardianship authorities.

In fact, this is only a fraction of the possible reasons; in fact, the list of permissible grounds is open, in each case the circumstances are considered individually.

Legal framework

Officially, the statement is referred to as "de-registration." The process is free of charge but subject to the requirements.

How to get a person out of an apartment through court: privatized and municipal housing

A discharge from a dwelling through a court is considered a "new" procedure introduced into legal practice some 20 years ago, and legislation on the privatization of dwellings is considered to be the trigger for the establishment of legal rules governing the process.

https://www.youtube.com/watch?v=Zw8JvuM4A8I

Not always and not all tenants registered in the same apartment as her owner are willing to leave the apartment voluntarily.

You're going to sell, give or privatize an apartment, you need to get it out, but it's not going to be in contact. The only way out is to go to court, and we're going to tell you how to do it right.

In what cases is a citizen subject to compulsory discharge?

It is not uncommon for one or more tenants to be de-registered with property disputes.Such situations could be resolved only through a court hearing.

In order to resolve the dispute between the parties, the owner of the dwelling must provide the court with exhaustive evidence, which includes a documented loss of the defendant's ownership of the dwelling.

The most common cases in which tenants have to be discharged from the apartment by resorting to a court of law are:

1. A man hasn't lived in an apartment for a long time.In fact, he lives at another address and your apartment is only registered.
2. Privatization of municipal housingYou need to formalize the conversion of public property to private property by removing a certain person from the list of members of the privatization procedure.
3. Residents avoid financial obligations to maintain housing. That is, it does not pay mandatory utility charges or taxes;
4. Dissolution of marriage and termination of family relationsWith a tenant;
5. Inability of co-existenceIn the same living room.

A person who is not the owner of the dwelling is often burdened by difficulties, and this type of dispute usually arises among divorced spouses when one of them has been able to privatize the dwelling before the marriage.

The court may deny the applicant his or her claim for the defendant, and the positive outcome of the case in favour of the plaintiff is often obliged to provide the former spouse with a different residence.

How to get a man out of the apartment out of court

In order not to release the owner without his or her consent, an order must be obtained to remove the person from the register; for this purpose, the owner of the property must:

• Appeal to the justice of the peacethe place of residence of the claimant(s) or the place where the subject matter of the dispute(s) is located.
• Write a statement (suit)It should indicate the reasons why (in the plaintiff ' s opinion) the tenant should be de-counted at the location of the premises.
• Attach the court fee receipt.
• Provide documents for discharge.

There must be three copies of the statement of claim: one for the court, the other for you, and the third for the defendant to be fully aware of the applicant's claims.

If you know his real place of residence, you must send the original statement of claim and copies of all the documents in a registered letter of notification. If you live together, just give him the package in person, but preferably in front of the witnesses.

What documents are needed for the trial?:

• A copy of the plaintiff ' s passport;
• A copy of all pages of the home book;
• A copy of the documents confirming the claimant ' s ownership of the apartment.
• If it is an eviction of the former spouse, a copy of the divorce certificate may be required;
• an extract from the EGRP.

How much is a forced discharge? It wouldn't cost much to bring this problem to court. You'll only pay 200 rubles for the government service.

Model and content of the statement of claim

Before going to court, the applicant must express his claims in an executory form.

The main requirement is a clear statement of your motives, and the statement of claim must clearly explain the grounds on which you are forced to discharge a person without his or her presence and consent.

In its application, the plaintiff may apply to the court:

1. Recognition of the right of the former tenant to dispose of and use the flat lost;
2. to declare the right to use the dwelling null and void or not acquired.
3. On forced eviction.

The claim does not relate to the model documents, and therefore the claimant may present his or her claims in an arbitrary manner.

By reference, you will find a sample of applications for a discharge from the apartment.:

The most valid basis for the discharge is the termination of family relations.

How a lawsuit is filed

Before visiting the court building in order to file an application, it is necessary to:

• Clarify the reception days,
• See the number of the office in which the incoming documents are accepted.

In the Court of Justice, applications are submitted directly to the judge attached to a particular precinct, who must, within five days, decide to take proceedings.

The issuance of a document itself could lead to a number of significant errors, and the drafting of property claims was therefore best entrusted to professional lawyers.

Misdrafting a statement threatens to get in the way of it.:

• Failure to accept the application by the court and send it for further work;
• Refusal to hear the case.

There is an extensive list of reasons for which the court orders the discharge of the tenant from the apartment.

They could be.:

• Regular and systematic disturbance of public order by the tenant;
• The lack of respect for the sanitary requirements relating to the maintenance of the accommodation;
• Refusal to pay for public utilities;
• A person ' s long-term residence outside a disputed apartment;
• Divorce-related situations.

Moving to a new place of residence also implies a change of permanent registration. How do you get out of your apartment and get into another place? You'll learn from our next article. Information about whether you can sell an apartment with your underage children in it right here. Real estate transactions have to be done legally in order to avoid challenging a transaction in court.

According to case law, such property disputes are most often settled in favour of the plaintiff (unless there is a clear violation of the defendant ' s rights), and it is recommended that, for a favourable outcome of the case, he should be supported by supporting documents such as:

• Tax receipts in the claimant ' s name,
• Documented district police complaints by neighbours against the defendant ' s ill-treatment, etc.

If the applicant does not have the opportunity to provide written evidence, the court may hear the evidence and may be:

• The testimony of the roommates,
• Certificates of access/cage by neighbours.

Once the court has ruled, the plaintiff must address him to the authorities of the FMC. Based on the document ' s requirements, the officer of the authority will remove the tenant from the register.

At times, the complainants face the problem of eviction of an executor.

If the former tenant refuses to leave his place of residence voluntarily, the owner has the right to seek the assistance of bailiffs, and the person will be forcibly evicted by them as part of the enforcement proceedings.

Dismissal from municipal housing through court

Before releasing the tenant from the apartment, the lawyers recommend that her legal status be clarified.

• In accordance with the provisions of the social employment contract,
• On a settlement order.

The succession of a registered person to the housing rights and the right to use the dwelling shall occur immediately after the moment of the establishment; the document confirming the registration (propiska) shall be deemed to be a notice not giving rise to any legal effects.

The State is responsible for the release of 200 rubles in court.

The discharge of a person from a municipal apartment is only ordered by a court.In legal practice, two options are available:

• The resident has effectively ceased to reside in the apartmentAs a result, he has not been able to carry out the duties assigned to him by the social employment contract (the LKH payment, etc.) for a long time. If this is recognized by a valid judicial authority, it is decided that the citizen has lost the right to use the dwelling, relying on him, the passport officer and the FFMS undertake to remove the person from the registration at the address of the dispute.
• The resident never lived in the apartment.This fact is considered to be a refusal to acquire (not to acquire) property rights.

The procedure itself for the discharge of the tenant from the apartment is free of charge, and the plaintiff only incurs the associated costs, which are presented in the form of a compulsory payment of the public service.

After receiving a court decision that satisfies the plaintiff ' s claim, he must provide a copy of the document to the OFMS authorities, and the employees of the agency will ensure that the defendant is removed from the register (accounting) at the location of the disputed dwelling.

In cases where a person ignored a court decision and refused to leave the apartment, the rules of the implementing legislation came into force: the tenant was forcibly evicted by the bailiffs.