How to discharge a person from home without consent through court

The situation when property owners have to defend their rights to honestly earned square meters in court occurs very often. Dismissal of unwanted persons from home is one of the most common cases in court. This is due to the fact that according to the law, even homeowners do not have the right to independently deregister citizens registered in residential premises.

Grounds for expulsion of citizens

Citizens who have the right to use residential premises can register in a house or apartment. The owner of the home and family members living with him have this right. The property owner may register other persons at his own discretion. The situation with the discharge of citizens is different.

Attention! According to the law, a person is discharged himself or is deregistered by a court decision. Therefore, if a registered person does not want to change his registration, the owner of the property is forced to go to court.

Citizens can be discharged in court for the following reasons:

• Termination of family relationships.
• Change of owner of the house.
• Expiration of a lease, rental agreement or temporary residence agreement.
• Registration and residence on illegal grounds.
• Failure to comply with fire safety, sanitary and hygienic standards and other rules for operating the house.
• Antisocial lifestyle.
• Use of housing for purposes other than its intended purpose, for example, for commercial purposes.
• Long absence.
• Failure to pay utility bills for a long period.
• Impossibility of living together.

Depending on the basis, you can write out either a simply registered person or a co-owner of the house.

Who can act as a plaintiff?

Only the owner or co-owner of the property can initiate proceedings to remove citizens from their home.

Important! Persons living on the basis of the right to use in a private house, privatized or purchased apartment cannot demand the deregistration of other persons.

Instructions for discharge from home

The procedure for the discharge and eviction of an unwanted tenant can be divided into several stages.

Stage 1. Pre-trial settlement

In a conflict situation, the parties are often unable to talk calmly and look for ways to resolve the issue. Therefore, it is useful to involve an outsider who can explain to the future defendant the consequences of the trial and forced discharge.

Stage 2. Collection of papers and evidence

If an amicable solution is not possible and litigation is inevitable, the homeowner should prepare for the process. It is necessary to collect documents confirming the grounds for the person’s discharge. The composition of the papers is individual and depends on the reason for the eviction.

It includes:

1. Documents confirming ownership of the house.
2. House book or certificate of registered persons.
3. Divorce certificate if the defendant is being evicted as a former family member.
4. Tenancy agreement, rental agreement - for extracting in connection with the expiration of the agreement.
5. An act on the long-term absence of the defendant from the place of residence, if this fact is used as a basis for deregistering a person. The document is signed by the management company or HOA.

Documents confirming ownership of the house must be submitted to the court, these can be:

• Extract from the Unified State Register of Real Estate.
• Certificate of ownership.
• Administration decision, etc.

If papers are lost or missing, they must be restored. Be sure to attach a certificate of citizens registered in the house. These documents confirm the plaintiff's right to demand eviction.

To prove the defendant’s antisocial behavior, not only witness testimony is needed, but also supporting documents from the police.

For testimony, it is better to choose neighbors and relatives who know the situation in the family well and will give detailed answers to the judge’s questions.

Stage 3. Drawing up a claim in court

The statement of claim must set out in detail the reasons for requesting the discharge of the unwanted person. Write in dry language, without emotions. A sample form for filing a claim can be found on the website of a specific court.

The application must include:

• Name of the court.
• Details of the plaintiff and defendant (full name, residential address, etc.).
• Justification of requirements.
• Links to legal norms.
• Request to deregister the defendant.

Sample of a claim to the court for the discharge of a person

Stage 5. Trial and decision making

When making a decision, the arguments of both parties are taken into account. Insufficient preparation for the process can lead to a negative result. It is also important to correctly formulate the requirements in the claim. Incorrectly used terms can lead to a situation where a positive solution is impossible. The situation can be rectified by hiring a qualified specialist.

Stage 6. Discharge

After the decision comes into force, it must be brought to the migration service or passport office. Based on the document, government authorities will remove the defendant from registration. If a person continues to live in the apartment, you will need to contact the bailiffs.

In what cases is an extract impossible?

There are several situations when the court will refuse to deregister a registered person:

1. If the defendant is the owner of the house. Ownership rights are protected by law and extraction is permitted only in exceptional cases. For example, when there is a threat to the lives of other co-owners, violation of the rights of neighbors, etc.
2. You cannot discharge a person who refused to participate in privatization. Such citizens retain a lifetime right to use residential premises.
3. It is impossible to discharge a minor “to nowhere.”

The court may reserve the right to use the premises for a former family member of the owner for a certain period if he has no other housing. He may also oblige the plaintiff to provide housing conditions for those being discharged. This solution is practiced when the plaintiff’s ex-wife and child are removed from the register.

The owner can expel a person from his apartment by court if there are sufficient grounds. However, you should not neglect preparing for the trial. If the reasons for the discharge are not supported by evidence, the claim may be rejected.

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How to discharge a person from home without consent through court

Home » Buying and selling an apartment » How to expel a person from the house without consent

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It may be necessary to discharge people from private homes in a variety of situations. How this can be done and what features this procedure has - read in this article.

Grounds for removing a person from home without his consent

Discharge from home, if it is not voluntary, almost always involves going to court. It should be immediately noted that only the owner can evict from the house. Even if it’s a small share of real estate.

Ordinary tenants, registered but not owners, can only ask for the owner to evict.

And in order to deprive a person of registration forcibly (without consent), there must be sufficiently compelling reasons. For example:

• Use of housing for purposes other than its intended purpose. Not the most common, but still relevant option. Private houses are usually large and full of non-residential premises. If a tenant begins to use such premises, including his room, in an inappropriate manner (for example, turns it into a workshop, a warehouse for finished products, a store, etc.), this can already be considered a reason for forced discharge.
• Debt for utilities . Each tenant is required to pay their share of the utilities they receive. In a private house this is especially strict, since the amount of payment is usually significantly higher than in multi-storey buildings. If one of the residents does not fulfill his obligations and does not pay for the services consumed, he can be discharged for this. It is important to remember that the amount of debt must be significant, at least for six months.
• Public order disturbance . Another popular reason, which is based on the behavior of residents. It’s clear that almost everyone has quarrels and noisy parties. But if this becomes the rule and happens every day, it may become a reason for forced discharge. In this case, it is recommended to call the police several times during such events (swearing or noisy feasts). The duty officer is obliged to react. Even if he cannot solve the problem, he will at least document this fact. Such papers can later be used in court. In some cases, the indicators of neighboring witnesses will be sufficient, but this is not always relevant in relation to private households.
• Long-term residence in another place . This is a controversial basis. On the one hand, if a person does not live at his registration address for a long time, it means he has another place of residence. Let it be registered there. On this basis, you can deregister. However, the specifics of temporary registration should also be taken into account. For this reason, it will be possible to write out those people who, although for a long time, have not left their registration address forever. For example, students who study in other cities, sailors who spend six months or more on a voyage, people who go to work for a long time, and so on. If a person has a valid reason (temporary registration and the reason for its registration), then it will not be possible to deprive such a resident of permanent registration.

Separately, it is necessary to say about the very fact of the lack of the right to live in the house. Only those persons who have grounds for it have it. For example, relatives of owners, persons with the right of lifelong residence, and so on.

Example: There are 5 people living in a house. Two of them are owners. The other three are a son, his wife and a child. The spouse is a relative, since the marriage is official.

If young people divorce, then the parents have every right to discharge their ex-daughter-in-law without her consent through the court, since she will no longer be considered a relative. On the other hand, they will not be able to evict the child except with the consent of the son and only together with his ex-wife.

And even in this case, it is necessary to provide them with some kind of alternative housing if the ex-wife does not have her own house or other similar real estate.

There are two types of registered tenants who can be evicted without going to court:

• Prisoners.
• Military personnel.

Both are registered at the place of imprisonment or service. Since both can last quite a long time, the possibility of forced eviction without going to court is provided. This may be needed to sell a house and so on.

It is necessary to take into account the fact that a person returning from a place of imprisonment or service receives the full right to demand from the owners of the house in which he was previously registered to restore his registration or provide alternative housing.

How to expel a non-owner from a house without consent through the court

A person can be discharged from a home if he is not the owner only if the grounds described above are taken into account, and also guided by the instructions below.

Procedure and procedure

To be discharged from home you will need:

1. Talk to the resident and ask him to leave on good terms. Sometimes this is enough or provides some basis for further agreements. If we fail to reach an agreement, move on to the second point.
2. Make a claim and send it to the tenant. It can be sent by registered mail or delivered in the presence of witnesses. It is advisable that the witnesses be persons who are not interested in the resident’s discharge. The claim will allow you to prove in court the fact that the plaintiff tried to resolve the issue pre-trial. Otherwise, completely unnecessary problems may arise.
3. Prepare a statement of claim and collect evidence that the plaintiff is right.
4. File a claim in court.
5. Wait for the date of the meeting and attend it (or send a representative).
6. Get a court decision.
7. Wait for the decision to take effect.
8. Prepare documents for applying to the MFC.
9. Submit an application and papers to the MFC (My Documents).
10. Wait for confirmation that the tenant has been discharged from the house.
11. Based on this confirmation, require the person to move out of the house within a certain period of time.
12. If the tenant refuses, despite all the papers provided and the absence of any grounds for living in the house, you can contact the police and demand that the person be forcibly evicted.

Living in a house without the consent of the owner, taking into account the lack of any rights to do so, may involve both administrative and criminal penalties (from a fine to imprisonment).

Example: A person was discharged from his home, but he refused to leave it. To begin with, Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation can be applied, which implies a fine of 2 to 7 thousand rubles, depending on the region of location. If even after this the person refuses to leave the home, then the problem can already be assessed from the perspective of Article 139 of the Criminal Code of the Russian Federation. In this case, the minimum punishment will be a fine of 40 thousand rubles, and the maximum - imprisonment for 2 years.

A statement of claim of this kind must be drawn up in strict accordance with the requirements of Article 131 of the Code of Civil Procedure of the Russian Federation. To summarize, the structure of the document will look something like this:

• Introductory part: the name of the court where the claim is being sent, the full name and contact information of the plaintiff and defendant, as well as, if necessary, similar information about the representative.
• Description: the essence of the problem, references to laws and evidence of the defendant’s guilt.
• Requirements: a specific list of requirements for the defendant from the plaintiff. It should be borne in mind that this list may be particularly adjusted or canceled by the court. For example, if, in addition to the deregistration request, it is planned to additionally recover compensation for damages, the court may waive the compensation but agree to the deregistration request.
• Attachments: a list of documents attached to the claim. After it comes only the plaintiff’s signature and the date the document was drawn up.

Sample

Download a sample statement of claim to evict a person from his home without his consent

Required documents

There are two main lists of documents required to go to court and discharge a tenant by contacting the MFC. Let's look at both.

For the court

• Plaintiff's passport.
• Power of attorney for the representative and his passport (if required).
• Receipt for payment of state duty.
• Evidence that the applicant is correct. It is almost impossible to provide a specific list of such papers, since everything depends on the current situation, the capabilities of the plaintiff, violations by the defendant, his opposition, and so on.
• Title documents for real estate (extract from the Unified State Register of Real Estate, purchase and sale agreement, etc.).

For MFC (My documents)

• Passport of the applicant-owner of the house. If there are several owners, documents are needed from each of them.
• The court's decision.
• Documents for real estate (extract from the Unified State Register of Real Estate, purchase and sale agreement, etc.).

Dates of discharge

The actual extract from the court, after receiving the decision, will take about 1-2 weeks. In some cases – up to 1-2 months, which is the exception rather than the rule. However, discharge is the last stage. Deadlines for previous actions:

• Claim: from 1 month.
• Appeal to court: up to 2 months.
• Waiting for a decision: 1 month.

As a result, the entire procedure for deregistering a tenant, without taking into account the fact that he may simply refuse to leave the house, will take about 5-6 months or even more. And if he refuses, it could take a year.

State duty and expenses

When a tenant is discharged without his consent, the main cost item will be the state fee, which will need to be paid when going to court. Since this claim relates to non-property claims, in this case one should rely on clause 3, clause 1, article 333.19 of the Tax Code of the Russian Federation. The state duty will be only 300 rubles.

The only additional costs that should be noted are the services for registering and certifying a power of attorney for a representative, provided that one is required at all. Such a document will cost an additional 2-5 thousand rubles, depending on the region of residence.

The deregistration of a resident from a private home is carried out absolutely free of charge, regardless of whether this is done with the consent of such a registered person without him.

Several current examples from judicial practice on the removal of a tenant from a private house:

Example No. 1 : Plaintiff Petrov K.S. went to court. with a demand to invalidate the right of residence of his former daughter-in-law. Petrov’s son brought the girl into the house, after which they lived in this house for several years, entering into an official marriage (the daughter-in-law was registered). After some time, Petrov’s son left for another city and from there initiated the dissolution of the marriage.

After completing the procedure, Petrov asked his ex-daughter-in-law to leave the house, since she no longer had the right to be here, but was refused. The girl was comfortable and she was not going to change anything. At the same time, she has another home of her own, but it is located in a remote part of the village, where her former daughter-in-law does not want to return.

Having considered the materials, the court decided to satisfy the applicant's claim.

Example No. 2 : P.V. Gordienko appealed to the court. with a demand to expel his ex-wife and child from his house. Based on the court decision, which took place during the dissolution of the marriage, this housing entirely goes to P.V. Gordienko, since he purchased it even before the wedding and there was no investment in the house from the family budget.

The wife has no other housing, nor does she have her own savings. As a result of the division of property, the ex-wife received practically nothing, since all the features of the relationship were reflected in the marriage contract.

Despite all that has been said, the court rejected the claim, since it is impossible to discharge a person “to nowhere” without housing and means of subsistence, especially if a minor child is also discharged at the same time.

Removing a tenant from a home without their consent can be a very difficult procedure under certain circumstances. At a free consultation, qualified lawyers will talk about the main controversial issues that deserve attention. Also, specialists can represent the client’s interests in court, significantly increasing the likelihood of obtaining the desired decision.

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How to discharge a person from home without consent through court

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Sometimes in large private houses (cottages) the owners register third parties at their request in order for the latter to obtain work. But sometimes the living space of these citizens becomes inconvenient, inappropriate or fraught with quarrels.

The registered person may begin to make claims and not be deregistered, despite the fact that he has been living in another place for a long time at a different address.

This article will tell you what to do in the event of a conflict of interests between the owner and the tenant.

Important: Remember! An inconvenient person registered in an apartment has the right to a roof over their head on the basis of Article 40 of the Constitution of the Russian Federation.

It can only be written out in court, and the court must believe that you are not depriving the registered only home.

The court carefully and scrupulously studies the submitted documents and takes into account only strong evidence.

The court will satisfy your claim (as the owner of the apartment) on the following grounds:

1. The specified person has not been living at the fictitious place of registration for a long time and deliberately , and there are witnesses to this fact. If a registered person deliberately changes addresses and hides (from the army, the law or alimony), it makes sense for the owner to write him out.
2. The registered person deliberately damaged the housing in order to cause harm, its communications, furnishings, etc.
3. Prescribed antisocial lifestyle , alcoholism and drug addiction, violation of the rights of other persons living in the house, threat to health or life.
4. His deprived parent (both) is removed from the property owned by a minor. In this case, other living space is not provided.
5. Reprivatization of housing and/or adjacent land in favor of the state , which is a violation of the law.
6. Divorce of the owner from the spouse , non-recognition of paternity. In this case, housing should not be joint property: usually the one who owned the apartment (house) before marriage writes out the former partner. The owner will have to prove that the living space was purchased independently (was given as a gift or inherited).
7. Change of owner of the home, the need for a housing transaction . The purchase and sale of an apartment or house will not take place as long as someone is registered in the living space. First of all, homeowners check out themselves, then non-tenants sign out.
8. Large debts to pay for utilities if the owner and the registered owner maintain separate households and have different personal accounts. It's enough to not pay rent for six months.
9. A so-called “temporary deregistration” is required : the person registered does not want to be deregistered completely, but he faces a long absence - the army, many years of study in another city, or imprisonment in the MLS. In this case, after release (demobilization, graduation from a university), the person can restore registration.
10. Discharge of a deceased person is a mandatory procedure: a death certificate is attached to the main documents.
11. A missing person has been missing for five years and there is no reliable information about him. It is enough for a participant in hostilities not to make himself known for more than two years. The best option is to recognize the person as dead, obtain a certificate and discharge him.

Even if your reasons are legal and appropriate, it is better to enlist the help of a professional civil law attorney. He will consider your particular case from the point of view of many years of practice and advise the best option for you.

The owner of an apartment is a citizen who can freely use, manage and own the apartment.

Based on the Civil Code of Russia, it has the right to register third parties on its territory and write them out.

His chances of eviction are quite high, but there is also a great chance that the person registered in the living space will file a counterclaim - that he has nowhere to live (without registration, problems with work will begin).

Mechanism for discharging a person without his consent:

1. Notice to Registrant . Article 113 of the Code of Civil Procedure requires that the person be notified that he is being discharged. He will receive an agenda with the date of the upcoming meeting, time, and place. The defendant must sign for receipt, after which the summons is sent back to court. The notice is deemed to have failed if the registrant does not sign.
2. Drawing up a statement of claim according to the letter of the law . Some points will be discussed below.
3. Submitting a package of documents to the office of the district court.
4. Payment for legal proceedings in a bank or in court.
5. Preliminary hearings.
6. Main hearings . The homeowner and his lawyer must be present, and the court may issue a default judgment against the defendant. Article 167 of the Code of Civil Procedure of Russia makes it clear that it is better for a registered person to attend the process and defend his rights.
7. Obtaining a final court decision . This document comes into force in a month, in some cases – plus seven days. During this time, the defendant can appeal the verdict and file an appeal.
8. The actual extract is a stamp stating that the person has been deregistered . To do this, you need to appear at the Department of Internal Affairs of the Ministry of Internal Affairs at the location of the “disputed” apartment with a court decision, house register and passport. The procedure is free, and the requirement of the passport office to pay for deregistration is a violation of your rights.

Important: Remember that unlawful actions against a person who does not want to be discharged should not be used: this is punishable under Article 330 of the Criminal Code.

According to the law, any citizen of the Russian Federation can be discharged if he is capable, sane and of age. However, there is a certain category of citizens who are prohibited by law from being evicted from their apartment, even if they or the fact of their registration causes inconvenience. This:

• Owners of minimal shares who took advantage of the opportunity of fictitious registration.
• Not the owners who live in the living space by testamentary refusal. The testator could set such a condition - residence in the apartment of third parties, in addition to the recipients of the inheritance.
• A person who refused privatization. At the same time, the owner can deregister such a citizen if he proves that the person registered has lived at a different address for many years.
• Former spouse, if the marriage contract provides for his residence while searching for other housing.
• A minor who was sent to an orphanage. The child retains registration in the parental apartment.
• Persons without a fixed place of residence. Without an alternative place of residence, they are discharged only in the event of deprivation of parental rights from an apartment owned by the child. This is the case when the court’s decision is influenced by the life circumstances of the registered person.

Family ties matter only in the latter case. Divorce and contestation of parenthood mean the loss of a family connection. The testator, in turn, can bind the recipient in relation to any person.

There is no unified (finally legalized) form of this application, but it must include:

1. A hat. The name of the district court, contact and passport details of the plaintiff and the defendant are indicated - full name, actual address, telephone numbers for communication. The cost of the claim (0 rubles) and the amount of state duty are also indicated.
2. Name "APPLICATION".
3. The main part of the statement. It must indicate: when the defendant was registered, the date and year of registration, the circumstances that prompted the eviction. Usually this part says that the defendant has not appeared at the specified address for a long time, although the owner and his family do not interfere with him, do not change the locks, etc. If there are no things listed in the apartment, this also needs to be indicated.
4. The evidence base is references to articles of the Housing, Civil Procedural and Family Code of the Russian Federation.
5. The requirement is to admit the fact that the defendant does not have the right to use the apartment. It is on this basis that the parties’ line of defense is built.
6. List of documents attached to the statement of claim.
7. A list of persons who will appear in court as witnesses for the parties and give evidence.
8. Date and signature.

The judge first of all pays attention to the documentation that contains the evidence base. Sometimes a correctly collected package of documents helps to win the case in favor of the plaintiff. The list of documents is as follows:

• A copy of the passport page of the owner of the living space.
• Documents confirming ownership.
• Those grounds that made the plaintiff the owner of the apartment: purchase and sale agreements, certificate of inheritance, gift agreement, exchange agreements, etc.
• Mandatory extract from the house register - a document about all citizens who are registered in the apartment.
• Divorce certificate if one spouse evicts the second spouse from an apartment purchased outside of marriage.
• Written evidence that the defendant received an official letter of claim. The registrant's signature is required.
• Receipt of payment of the court fee.

Remember! The above list is not final. If a document is missing, the court office warns the plaintiff. There must be at least two copies (each defendant must have his own copy).

A state fee in the event of a registered person being deregistered without his or her desire is required. It is 300 rubles or more - it all depends on the number of claims, defendants, and other factors.

A notary office may require a certain amount for legally significant procedures. For example, a document for the purchase and sale of living space must be approved by a notary.

For a legal entity (organization), an extract will cost 6,000 rubles.

In most cases, applications for discharge are decided in favor of the plaintiff, but in some situations the court does not. For example:

1. The claim was drawn up with errors, inaccuracies, and did not follow the template . Documents are checked for legal literacy.
2. Weak evidence base . The plaintiff must substantiate every aspect of his statement, attract witnesses, etc.
3. A minor, incompetent or other socially vulnerable person is evicted.

How to protect your right to a peaceful and quiet life is up to you, but it is better to enlist qualified help. Remember: getting rid of an inconvenient personality is easy only at first glance. Legislation often changes, as do the norms and regulations of the registration institution. An experienced lawyer is aware of these changes and is ready to put them into practice.

Attention!

• Given the frequent changes in laws, the information on the site may become out of date faster than we can update it.
• Each case is individual and depends on many different factors. Basic information does not guarantee a solution to your specific question.

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How to discharge a person if it is not known where he is?

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Managing partner of Metrium Group Maria Litinetskaya answers:

In order to discharge a person whose whereabouts are unknown from a private home, it is necessary to declare him missing through the court. After this, the individual will be deregistered without his direct participation. However, this is a very long and difficult process.

Sometimes it takes months to prove the case, and even neighbors who do not always want to make contact participate in the trial. In addition, you must contact the police with a search report.

It is the conclusion of the relevant authorities that will become the basis for declaring a citizen missing.

Olga Balbek, Deputy General Director for Legal Affairs at MIEL – Real Estate Office Network, answers:

Situations when a person leaves for permanent residence in another city or country, communication with him is terminated, but he is still registered in the house where he previously lived, do occur.

The owner can discharge this person by filing a claim in the district court at the location of the private house. After consideration of the case by a court decision, such a person can be discharged, according to the law.

In order to find out where a person is now, you can submit a petition through the court to obtain information about the place of residence or location of such a person. The Main Directorate for Migration Issues of the Ministry of Internal Affairs of Russia will deal with this issue (now this service oversees similar cases instead of the FMS).

How to remove your daughter from registration in absentia in order to sell an apartment?

Can I donate my share in the apartment without my wife’s consent?

Legal consultant of the company “My Family Lawyer” Olesya Obizhaeva answers:

Deregistration without the consent of the registered person is possible only through a judicial procedure. Exceptions are the discharge of a conscript for military service in the army, a convicted person, an unknown missing person or a deceased person. After this, it will be possible to make any transactions with the apartment. If the person who has been discharged shows up, then a reversal of transactions will not be allowed.

But if the registered person is in good health, and you do not know his whereabouts, you need to file a claim with the court at the location of the house from where the citizen will be evicted. At the court hearing, it is worth explaining to the court that you do not know the whereabouts of the registered citizen and he has not lived at his place of registration for a long time.

It will be useful if your neighbors or the local police officer confirm your words in court. If the court makes a positive decision, the owner must contact the MFC (passport office) with a package of documents: a court decision that has entered into legal force, an extract from the house register, an application for the discharge of a specific person, a certificate of registered persons.

The absent citizen will then be discharged free of charge within three days.

Real estate lawyer in Moscow Inna Belyakova answers:

As a general rule, registering a person at his place of residence (what you call registration) confirms his right to use this residential premises.

Deregistration of a citizen without his consent is possible only on the basis of a court decision to terminate the right to use residential premises.

Accordingly, first you need to file a claim with the court at the location of your residential building against this person to recognize him as having lost the right to use the residential premises and to deregister him. There is nothing complicated here; any more or less qualified specialist will compile it for you.

How to register permanently and how to check out of the apartment?

Is my home eligible for a mortgage?

The legality of such a notice was also confirmed by the Supreme Court of the Russian Federation, which has repeatedly indicated that if a citizen indicates any address as his place of residence, then he bears full responsibility for receiving all correspondence sent to him at the specified address, including subpoenas. In your case, you can hardly expect that the defendant will appear when summoned to court. Accordingly, if you, as a plaintiff, confirm your claims to remove the specified citizen from registration, after a couple of meetings the court will make a decision to satisfy the claims.

It should be noted that this decision will be made without the participation of the defendant, that is, it will be in absentia. This is the same court decision, which has the same legal force, only it has more grounds for reversal, related precisely to the defendant’s non-participation in the trial. And it comes into force not within a month, like an ordinary court decision, but after 45 days.

After the court decision enters into legal force, you will only have to go with the certified signature of the judge and the blue seal of the court, and a copy of this decision to go to the authority in charge of registering citizens at the place of residence in your region. Next, you will receive a document confirming the deregistration of this person.

• Text prepared by Maria Gureeva
• Do not miss:
• All materials in the “Good Question” section
• How to keep property purchased before marriage?
• Questions You Should Ask When Buying a Home

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The articles do not constitute legal advice. Any recommendations are the private opinion of the authors and invited experts.

How to check out of an apartment without the tenant's consent | Legal self-defense

• We continue to talk about registration rules.
• From our previous articles you can also learn about:
• In this article we will talk about whether it is possible to expel a person from an apartment, how to expel a tenant through the court, in what cases and how to do this, what documents are needed for ejection from an apartment.

How can you discharge a person from an apartment?

Let's start with the fact that, as a general rule, a person can be discharged from an apartment with his consent and minimal participation in the form of submitting documents for discharge. Read about which ones in the article “How to check out of an apartment.”

In this context, an interesting question is whether it is possible to sign out of an apartment by power of attorney . Ukrainian legislation provides for such a possibility. The power of attorney must be notarized and provide the authority to issue the principal with the right to sign and submit on his behalf all necessary documents.

However, for those liable for military service, deregistration by power of attorney actually turns out to be impossible, since deregistration and registration with the military is a mandatory condition for deregistration and registration. But this procedure already requires the person’s personal presence, so in most cases, with voluntary discharge and even if there is a representative, an appearance at the military registration and enlistment office cannot be avoided.

Separately, it is necessary to dwell on the extract from the apartment if the tenant was registered on the basis of a rental agreement. In this case, it is also possible to discharge a person without his presence and consent after the end of the contract or in connection with its termination.

Read about what can be provided for in a lease agreement in the article “How to conclude a lease agreement correctly.”

In other cases, it is possible to discharge a person from an apartment without his consent only through a judicial procedure, as read below.

How can I be discharged from an apartment through the court?

You can discharge a person through the court in Ukraine if:

1. a member of your family does not live at the registration address for a certain time (the amount of time depends on whether the apartment is privately owned or whether it is a state or communal apartment);
2. the tenant was registered illegally;
3. you bought an apartment with the former owners registered in it.

For some reason, many people are confused and do not know the difference between ownership and registration. If a person is registered, he has the right to live in this apartment, that is, the right to use it. If you are the owner, then you have the right not only to own and use, but also the right to dispose of the apartment, that is, to sell, donate, bequeath.

But the owner does not have the right to discharge someone who is legally registered in the apartment without a court decision. This is such a paradox.

How to be discharged from an apartment due to non-residence

A person who does not live at his place of registration for more than the period established by law without good reason can be discharged through the court. The timing depends on who owns the property:

• if you are the owner, this period is one year;
• if the apartment is state-owned or communal - more than six months.

In this case we are talking about family members. According to family law, a family member can be any person with whom you shared a common household, and not just a relative.

We will help you legally expel from your apartment a person who is registered there but does not live!

What are the valid reasons for not residing?

According to the Housing Code of Ukraine, valid reasons for not living at the place of registration are:

1. conscription for military service;
2. travel for treatment, in connection with study or work, including abroad;
3. transferring the child to be raised by relatives, to a foster family, or an orphanage (if we are talking about the child’s discharge);
4. stay in places of deprivation of liberty;
5. placement of disabled persons (disabled people) in special social institutions.

In these cases, a period of six months or 1 year will be counted only after the expiration of a valid reason, that is, return from the army, place of imprisonment, social institution, and so on.

To discharge a person through the court: documents

In order to go to court, you need to collect a package of documents - evidence confirming that the registered tenant in the apartment does not actually live during the above periods. You will have to prepare evidence long before filing it in court.

If you know the actual place of residence of the tenant, send him registered letters over several months. In them, indicate that he does not live in your apartment, and you ask him to check out voluntarily. Letters must be registered to confirm their attachment and receipt by the addressee.

If the letters are received at the actual place of residence of the tenant you are discharging, this will be necessary evidence. If you do not know where the person registered in your apartment lives or he does not receive letters, you will have to do without them.

Find in advance one of your neighbors who agrees to come to court and confirm that the tenant has not lived in your apartment for more than 6 months (1 year). It is best if it is one of the neighbors on the landing. It is imperative that the neighbor himself resides permanently in his apartment, or at least says so in court. The number of witnesses is not regulated. As a rule, two are enough.

Naturally, you can call other adult residents living in your apartment as witnesses. However, you need to take into account that the court may be skeptical about the testimony of your relatives, given that they are interested in your winnings.

If you have your tenant's letters or other documents that indicate they are living at a different address, you can also submit them as evidence in court.

How much will you have to pay to file a claim?

To file a claim you will have to pay a court fee of 640 UAH. The case may take several months to be considered. Please note that if you do not know the actual residence of the tenant you are trying to remove, the court may need to summon him through an advertisement in the local newspaper.

If we are talking about the discharge of a minor, the court may involve the guardianship and trusteeship authorities in the case.

How to evict a former owner from an apartment

A separate situation is when you purchased an apartment from which the previous tenants, strangers to you, have not checked out (if we are talking about members of your family, the basis for checkout will be not living in the apartment, as we discussed above).

You can discharge a tenant from a purchased apartment, regardless of how long he has not lived. The legal norms, however, will be different.

What documents are needed to check out of an apartment after a court decision?

After receiving a positive court decision, deregistration occurs in the general manner provided for deregistration from the place of registration, that is, you need to submit an application, attach the court decision and pay an administrative fee.

1. You can discharge a person without his consent through the court. A separate case is an extract due to the expiration of the lease agreement, if the tenant was registered on its basis. In this case, there is no need to go to court for an extract.
2. A tenant can be discharged through the court due to his not living in the apartment without good reason for more than 1 year (if the apartment is private), more than 6 months (if the apartment is public). The same terms and rules apply for discharge from a private home.
3. If we are talking about deregistering the former owner of the apartment, then it is not necessary to comply with the above deadlines, but you can immediately file a lawsuit (unless the former owner is a member of your family and does not actually live in the apartment).

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