How to get a roommate out of the apartment if he's not prescribed or prescribed.

It would seem to be a simple matter to evict a person from a non-registered apartment, but this is not always the case. There may be various factors and nuances that make the process very difficult. Who and how can live in an apartment without a propiska? The reasons and options are the mass: ex-wives and their relatives, tenants who refuse to move after the end of the contract, etc.

Is it possible to evict a person who is not registered in an apartment without his consent? It depends on many circumstances, because registration or lack thereof is not fundamental in itself.

What matters is whether the person who is not registered has the right to real property (or to live in it) and what kind of property it refers to, so every situation of eviction is individual and has its own characteristics.

Preliminary action

Most often, people in an apartment without legal rights prefer to negotiate and move peacefully at the request of the owner, the only thing that can happen is a request for a stay to find another one.

In this case, it is desirable that the receipt be in writing and that the exact time-limit for the undesired tenant ' s release be indicated; this is convenient for both the owner and the guest; the first one will have a signed document in his hand and the second one will be sure that he will not be disturbed by, for example, the police before that time.

If the peace agreement does not work, we will have to seek the support of the precinct.

He may offer to leave the premises and draw up a document on illegal stay in the apartment against the wishes of the owner. After 11 p.m., he may also call a police officer, who may detain a citizen until the circumstances have been clarified.

In the event that the measures described above have not been implemented and the unwanted resident continues to be harassed, only a claim for eviction remains pending before a court.

Reasons for eviction

The Constitution of the Russian Federation protects Russian citizens by guaranteeing them the right to housing, but if there are substantial reasons, eviction (both with and without the provision of other housing) is possible.

But this, again, has nothing to do with the existence or absence of registration; the right of residence is rarely dependent on her.

The reasons for the judicial eviction of unregistered citizens may be as follows:

• The dissolution of marriage;
• change of owner of the dwelling;
• Termination of a lease or social employment contract;
• The strong desire of the owner.

According to these grounds, persons who have only the right to reside in a given dwelling without the right of ownership may be evicted, as stipulated in articles 85 and 90 of the Code of Criminal Procedure.

Also relevant for the court, in addition to the above reasons, is the category of real estate:

• Municipal,
• Private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private, private.
• Mortgage,
• Unprivatized.

• This will, to a large extent, determine the order of eviction.
• As a general rule, the owner of the dwelling is not obliged to provide them with any other accommodation or material compensation (except for the special cases referred to below).
• Only the owner of an apartment (whether written in it or not) can file an eviction claim.
• The owner himself may also be evicted in special cases, including:

• The removal of land under the house for the purpose of public necessity;
• Emergency housing.

Of course, in both cases the eviction is ordered by a court and the owner is paid compensation in accordance with the law.

Eviction from a municipal apartment

The owner of the dwelling in this case is the municipality, and therefore only representatives of the local authority can file a claim for eviction; other tenants can only file a complaint against them.

According to article 85 of the Code of Criminal Procedure, the causes of eviction may be:

• The use of housing not for residence but for commercial or industrial activities;
• Continuous violation of the rights and tranquillity of neighbours (nightly noises, drunken debugs, etc.);
• Uneconomical attitudes to housing, leading to destruction;
• For more than six months, the amount owed for the YWCA is for no good reason, et cetera.

All violations must be recorded and documented: a discharge from the personal account, police reports, commissions ' audit reports, etc.

They will have to be attached to the eviction application of the unwritten tenant so that they can serve as evidence in court, and after considering all the case file, the court may decide on the eviction.

Removal from privatized housing

Every person registered in an apartment had the right to participate in the privatization process.

If he is not registered in an apartment, he has also been involved in the privatization of any other dwelling, there will be no problem with his eviction through court.

The right to live in a privatized apartment without being legal co-owners is limited to:

• Children under 18 years of age;
• Persons who have refused to take part in privatization;
• Persons who are dependent on the owner.

If these categories of citizens do not have documentary evidence of their legal residence in the apartment, they may be evicted by a court order, and sometimes they are granted a stay (up to one year) to find another dwelling, after the expiry of the period of time they are obliged to vacate the apartment.

The main role in the eviction of an unregistered person is assigned to the person ' s relationship with the owner.The family is composed of spouses, children (native and foster) and parents, in accordance with article 31 of the Code of Criminal Procedure.

The owner ' s close relatives have the same right to use the dwelling; although the lack of registration in this case gives them the right to be evicted, even through a court of law, the issue is usually difficult to resolve.

If the owner of the dwelling divorces, the right to use the dwelling for the former spouse and his or her relatives is terminated at the time of dissolution of the marriage, as the family ceases to exist.

In the case of eviction from an apartment owned in the event of divorce, it is much more important to have or not register by whom and at what time the dwelling was purchased and by whom it was registered.

There may be two options:

1. A home has been acquired by one of the spouses before the marriage, in which case the other has no rights and is obliged to leave the apartment voluntarily or on the basis of a court decision.
2. The husband and wife have the same rights to him, unless otherwise prescribed in the contract of sale or in the contract of marriage; it is not possible to evict the former spouse, except for his share.

Only children do not become former family members, and they have the right to reside in the territory of one of the parents under the age of 18.

Recourse and eviction

An application for eviction shall be filed with the ordinary court in the place of residence; all documents collected shall be submitted to the office of the court, registered and referred to the judge in whose jurisdiction the address is.

The documentation package should read as follows:

• A statement of claim indicating the reasons for the eviction;
• Right-making documents for housing;
• Documents confirming the existence or absence of a related relationship;
• Evidence: police records, commission reports, witness statements, etc.;
• A receipt for the payment of the mistress.

In order for the application to be correct, it would be better to use the services of an experienced lawyer, since if it was found to be flawed or flawed, the claim would simply not be heard.

The declaration should include:

• Introductory part (with the name of the vessel and the parties);
• A descriptive (describing the history of the conflict and pre-trial attempts to resolve it);
• Incentive (with an indication of the violations, with reference to the law);
• Final (composing the plaintiff ' s claims).

It should be borne in mind that an unconvincing argument or an incorrect statement may at all close the way to the court on this matter, since no re-suit is envisaged in the same case; with well-founded claims and claims, the likelihood of a positive decision is much greater.

The analysis of case law shows that the following points contribute to the positive decision:

• Documentation of the respondent ' s loss of right to use the dwelling;
• The age and capacity of the expelled person;
• The absence of his family ties to the plaintiff.

In the event of the eviction of minors or disabled citizens, the O & E authorities may intervene, since the latter cannot be evicted without the provision of housing; in the case of a favourable decision, the court will issue a ruling setting out the specific duration and procedure of the eviction.

If the tenant ignores the court order and does not leave the apartment within the prescribed time limits, he or she will be transferred to the bailiff ' s office, which will carry out the forced eviction of the citizen together with his or her property.

It is mandatory for the police to be present during the process, if necessary, and the property of the tenant is described and deposited for a period of up to two months.

In conclusion, it should be noted that the facts that were first ignored often come to the fore during the trial.

It is therefore important to gather as many supporting documents in the case as possible before the commencement of the trial and to obtain the advice of an experienced lawyer who will be able to give a likely forecast of its outcome.

It is often much more beneficial to resolve the dispute peacefully, without a trial, especially since all the costs in such cases fall on the plaintiff's shoulders.

Is it possible and possible to evict an unwritten person from his apartment without his consent and a court decision?

When the question arises about the expulsion of unwritten persons in the apartment, it turns out that it is not all that simple: these tenants are protected by law in the form of the Constitution of the Russian Federation (art. 40).

How can unregistered citizens be removed from their homes by law?

Dear readers, our articles talk about model ways of dealing with legal issues, but each case is unique.

If you want to know,How do you solve your problem -- go online in the right or call at +7 (499) 938-44-61. It's quick and free!

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Opportunity

Is it possible to evict an unwritten citizen? The law provides for certain possibilities of removal from a person who does not have a registered residence.

This requires sound reasons and reasons.as well as the status of the apartment, but in any case the law allows eviction only by court order.

You can find out about the eviction from the privatized apartment, particularly the owner himself, on our website.

Grounds and conditions

Only serious grounds will be accepted in court that would lead to the removal of a person from a property in which he or she is not required:

• Disruption of marital relations;
• Sale or change of real estate;
• The wish of the owner of the dwelling;
• The social or commercial employment contract was no longer valid.

To begin with, it's important to be sober about your chances, because some conditions still have to be met.the unwritten occupant shall not belong to any of the following categories::

• Minors;
• Unable to do so;
• Close blood relatives;
• Persons with disabilities.

• No court would deprive such persons of their shelter until they themselves agreed to move to another residence.
• Subject to justification and appropriate conditionsIt's important that there be more evidence., which may be testimony, as well as various documents - certificates from the police, housing, sanitation, etc.
• Read about the features of eviction from the apartment of illegal residents in our article.

Who is entitled by law?

The release of persons without registration from the home is subject to the following legislation:

• Articles 31, 35, 69, 84, 85, 90, 91;
• SC of the Russian Federation - art. 687.

1. Unconvincing argument, misconstrued claimThey will forever close the way to court on this matter, so only a thorough approach and the help of a qualified lawyer dealing with the subject will help defeat the outsiders – the court will certainly take the side of the owner, but with the right claims and the request to the court.
2. Nor should you worry about those who do not own a dwelling — only the owner of the apartment and the neighbors whose rights are violated have the right to apply.
3. In municipal housing, the employer may initiate the process, i.e. the municipality itself.
4. For reasons for eviction from unprivatized housing, see our article.

Causes may be mass, butmost reliable for trialThese are the reasons why:

• The antisocial behaviour of unwritten tenants, making the lives of homemakers and neighbors unbearable (alcoholism, drug addiction, inadequate excitement, etc.);
• Housing is not used for its direct purpose (when a home, a hotel, a warehouse, an office, a workshop or raising animals, birds is arranged in the premises);
• Maintenance of housing in unsanitary conditions that threaten the health of other tenants;
• There are destructive acts against the premises.

As to whether an apartment can be evicted if it is the only dwelling, read our article.

Where are they going?

Unwritten citizens may be expelled:

• with the provision of a different roof above the head;
• in "nowhere".

Moved to a different homeThose who failed to pay for an apartment for more than six months, and when the house is not suitable for further operation due to an accident, the land under the house was needed by the municipality or the house is transferred to another agency – e.g. to church property.

Without the provision of shelter, such tenants will be removed:

• Concerned about their conduct and violations of the rights of others, as well as those who have created a total lack of sanitation;
• Using accommodation as a non-residential space;
• Disenfranchised parents but continuing to live with and terrorize children.

If the unregistered persons have remodeled the premises, the court will give them time to re-establish their original condition and, after the delay, they will be returned to "nowhere" and further dialogue will be held with the owner.

Read about the features of eviction from the service and community housing on our website.

Where to start, where to turn?

Without a carefully thought-out plan with clear sequence, the option of expulsion may not burn out,needs to be pre-trained..

If they insist on their intention to remain on foreign territory, then there is no other option than trial.Collection of evidence, preferably in documentary form.

They're dealing with eviction cases in the district courts located behind the site where the residential home is located, and housing disputes of this kind are not property disputes.

Read our article about eviction from the apartment.

Submission of documents

What documents are necessary to evict an unwritten person from a non-owner?A package of papers should be preparedwith such a composition:

• Statement of claim;
• Passport;
• Tenure documents;
• A negative characterization of citizens living without registration;
• Witnesses ' testimony;
• It's a receipt from the government.

If there is a failure to pay for a commune, there is a need for paperwork from the residence, an ex-wifery is proved by the possession of a document from the registry, and the lack of sanitation in the living quarters is certified by an act of sanitation, plus the availability of laboratory results.

Depraved behaviour can be confirmed by means of police reports or by a district inspector, and witnesses will be heard by neighbours who have been "received" by non-residents.

If the tenants don't moveand according to the terms of the contract, it is long overdue to attach a legally binding contract, etc.

Where to file the file? The package is filed with the office, after registration, the application and all the annexes will be filed with the judge who serves the address.

Time, cost and cases of refusal of discharge

Within 10 days, court officials must verify all the facts and the decision to inform the plaintiff in writing.may range from 1 month to 6 months.

The amount of the State Ministry is 300 rubles, and since the process is not of a material nature, no other cost is expected if the owner has decided to do so on his own.

They're not gonna take the papers.If the claim is not in compliance with the law, or if the information contained in the application is not confirmed, the unregistered citizens are usually brought to their place by the court, i.e. the eviction order is issued.

Features for different situations

Each of the eviction options has different circumstances.

How to evict an unwritten citizen without a trial?

Smart people who have to live in an apartment without registration won't get involved.The only solution for this category of citizens would be the voluntary release of the dwelling.

There's a trick the unwritten tenants can use to ask the owner for a month or two delay until there's a decent home.

It is better if this is a written undertaking, with the owner's visa, which confirms his consent to wait, and the outsiders can be sure that they will not be targeted by the police or the district during this period, but the owner will have a clearly time-bound hope of getting rid of the tired.

How to evict a man without his consent?

Ungrounded refusal to move out of an apartmentit's a signal to the outbreak of war.

It makes sense for the owner to turn to a precinct who will write a paper on illegal residence and give advice on cleaning up the living quarters, the basis of which is the owner's reluctance to see this man any longer.

In a couple of days, when the owner sees a person not registered, he can report to the police, summoning an order to expel a citizen.The accumulation of papers showing the persistence of the wrong person.

Without the provision of other housing

Without the provision of other shelter, it is usually from privately owned dwellings that they are expelled.

But there is one thing in these apartments that complicates the whole case: did not the unwritten man at the time refuse in favour of the other tenants?No one has the right to expel this man..

If the apartment is municipal, and people who don't have a record mark have a minor child, that is, they can get some roof over their heads if they're attracted by the OPE.

Forced

• When there is a court decision to evict and the tenant ignores it,The plaintiff needs to take the executive list and hand it over to the marshals' office..
• The bailiff is obliged to take two witnesses, most often the owner's roommates, and in their presence describe the good of the person to be expelled.
• The defendant's hands are thrown out of the mansion under the whites,In the event of resistance, the marshal has the right to call for backup..
• The things of the expelled shall not be removed, but they shall be sent to a place of storage from which a man shall take them, as soon as he finds a place of refuge.
• You can't just change the castle and not let a citizen who's been allowed to be here before, it's an uncivilized and illegal method.
• As the law dictates, it is necessary to try to resolve the conflict peacefully and then, without achieving an outcome, to bring the matter before a court whose decision will be a legitimate solution to the situation.

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How to get a man out of an apartment if it's not written in it without a trial.

• 31, 69, 71, 80, 90, 91, 155, 12).

Article 40 of the Constitution of the Russian Federation guarantees everyone the right to housing; according to it, no one may be arbitrarily deprived of his or her right; is there any legal way of freeing his or her apartment from people present there but not registered at that address? If there are substantial grounds, the law provides for a number of such opportunities to be decided by a court.

According to the law, a person may be expelled only if there is a court decision, and there must be good reasons to apply to the court, and there are no serious grounds for preventing a person from leaving his or her apartment in violation of his or her constitutional right. If there are grounds, the court will be able to avail itself of the legal basis for a particular case:

Who you can't evict.

Before going to court, careful consideration should be given to their chances of success: there are a number of categories of citizens who cannot be deprived of their homes; the court does not evict such persons until they themselves wish to change their place of residence:

• Minors;
• Unable to do so;
• Closest relatives;
• Persons with disabilities.

Evidence for trial

In the event that an unwritten person does not wish to leave the home, it is advisable for you to declare to him his right to a trial, which will end for him by eviction, if there are grounds for doing so.

• Witness testimony of misconduct or lack of legal grounds for staying in the apartment;
• Report from the police;
• Certificates from the housing office;
• Conclusion of the sanitation facility;
• Other documents.

How to evict an unwritten person from an apartment by court order or without a trial, let us go on.

Who are considered illegal residents

There are often cases of illegal housing, a situation that is not usually resolved by placing things outside the premises or replacing the castle; it is not possible to expel such tenants without being entitled to do so through a court of law.

To begin with, the concept of who is considered to be living illegally is that of citizens who do not have legal rights of permanent residence:

• They are not registered;
• The registration is overdue;
• They have no title to the immovable property in question, no rent contract or a court decision to stay in the apartment.

Family members are not considered to be residing illegally only because they have had an argument with the owner.

Features of eviction of unwritten

Illegally resident persons can be evicted from an apartment; the court, the managing company, the prosecutor ' s office must assist the owner; the local police or neighbours also often provide support; this is particularly important when the occupants of the dwelling are hurting minors.

Even if a case is brought before a court, the proceedings may be considerably prolonged, until such time as it is possible to turn to provocations and to exacerbate disturbances by persons who do not wish to leave the country; they should not be involved, as this would entail liability under article 330 of the Criminal Code (Criminal Code) - self-rule.

You can easily damage a person's things or harm him or her. The best solution is to go to a qualified lawyer, a lawyer with a residential background. A specialist will help:

• Establish the evidence base;
• Shows you how to behave properly;
• If this goes to trial, it'll represent the trustor's interests.

Who have the right to evict by law

Article 687 of the Criminal Code of the Russian Federation, as well as articles 31, 35, 69, 84, 85, 90 and 91 of the Criminal Code of the Russian Federation, may be used to evict unwritten citizens. Article 687 of the Criminal Code of the Russian Federation provides for the termination of a contract of employment.

Illegal residents may be evicted on the grounds set out in article 301 of the Criminal Code of the Russian Federation. The owner has the right to demand the return of his real property from another person ' s illegal possession; in turn, articles of the Criminal Code of the Russian Federation deal with the following aspects:

How to Evict Certain Categories of People

The first step of the eviction will be to collect evidence that a person is illegally occupying a dwelling. You can go to the neighbourhood or neighbors and try to make your claim collective. The police will provide an act, the manager of the company, an extract from the home book.

Various experts may also give their opinion, including photographs and video evidence, investigative materials, receipt of LACs and a lease agreement with a time frame.

If the situation is the result of the dissolution of the marriage (divorce with the husband or with the wife), the relevant certificate shall be provided, as well as the act on the calculation of the damage, and it is appropriate to proceed according to the plan:

• Talk to illegal residents about their intentions;
• If you insist on staying in the apartment, start collecting evidence for trial.

We evict our husband.

How do you get your ex-husband out of the apartment if he's not prescribed?

If the citizen does not have the opportunity to purchase another dwelling or to move to another place of residence, the court may temporarily leave him or her in his or her previous place of residence with the right of use; the court shall oblige the owner (in this case the spouse) to provide the former husband with other accommodation.

At the end of the judicial period, the citizen must release the dwelling, otherwise the eviction is decided by a court on the initiative of the owner of the dwelling, i.e. the owner must set a period for the ex-husband to leave the apartment and then apply to the court if the dwelling is not released.

We're evicting a roommate.

How do you get a roommate out of the apartment if it's not prescribed? Theoretically, everything is similar to the paragraph above.

In fact, however, there may be a struggle between citizens for square meters against the extraction of negative characteristics, provocations, manipulation, and other similar problems.

In such a case, it is necessary to get ahead of an illegal rival by proving the grounds for his eviction, and there are a number of cases in which it is impossible to evict a cohabitant.

Eviction after the owner ' s death

How to remove an unwritten person from the apartment after the death of the owner? If he inherits the inheritance, the new owner may demand the eviction of the citizens living in the apartment, but not the fact that the court will satisfy his demands.

If the evicted persons are relatives or have previously had a good reason to reside in an apartment, the owner must take care of another dwelling for them, or their negative behaviour (which must be proven) will be a valid ground for removal.

If judicial proceedings are still required, a claim with copies of the statement by the number of participants in the proceedings shall be brought before the court of the district where the apartment is located, using article 131 of the Criminal Code of the Russian Federation on the registration of immovable property.

To watch a useful video

On the causes of eviction

There may be many reasons to go to court; they must be taken into account; these are generally the following:

• Antisocial behaviour of those who are not prescribed at this address: excitement, bad habits;
• The use of housing is inappropriate: it is turned into a hotel, raised by animals or set up a noisy shop;
• The creation of unsanitary conditions that threaten the health of other residents;
• Destruction of the home;
• Part of the public services is not paid, and debts are created.

Where citizens will be relocated

A person may be evicted with other housing in the following cases:

Without the provision of other housing, a person shall be evicted if:

• It violates the rights of neighbours;
• It is a source of poor sanitation;
• Used the accommodation as a non-residential;
• He was deprived of his parental rights.

What kind of documents do you want?

In order to file a complaint with the District Court, a statement of claim and copies thereof are required, containing:

• The name of the dwelling(s) and its address;
• Date;
• Data on the passports of the participants in the proceedings;
• Requisitions of a document on ownership of housing;
• The requirement of eviction;
• Arguments: Why unwritten is not entitled to residence;
• How the rights of the owner and others have been violated;
• References to laws.

Additional documents will be required:

• The right to own property;
• Cadastral and technical passports;
• An examination of the accommodation;
• The plaintiff ' s passport;
• Evidence in the case: negative characteristics of the evicted persons, witness statements, non-payment of invoices;
• The fee is a receipt.

When an eviction may be refused

Is it possible for the husband to expel the wife from the apartment if she is not prescribed? The situation is more difficult if the expelled citizen claims to the dwelling, family belonging (e.g. ex-wife with children):

• The owner becomes the payer of maintenance, which entails significant obligations;
• The spouse who has children may apply to the guardianship authority and bring the institution to his or her side;
• A citizen who had been evicted had previously renounced housing rights in favour of others; such a person would not be evicted.

The right to apply to the courts is limited to the owner of the dwelling; if the citizen does not own the area, he has no chance of solving the issues of eviction in his favour.

A resource such as accommodation is always visible and rarely left without it; sometimes the eviction of illegal residents requires only an order from the Public Prosecutor ' s Office; then they will be evicted by bailiffs.

Such cases are emergency housing, transfer of the premises to the State. As the owner, it is not necessary to exercise self-government and use the method of force; this is the function of law enforcement officials.

Whether and how a person can be expelled from an apartment if it is not prescribed, without trial: important features and nuances of the procedure

The propiska gives a person the legal right to use a dwelling.

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

In fact, it doesn't always coincide with reality, because not all people live where they're written.

However, this stamp leaves them with the right to use the accommodation, and the only way to remove them from it is through a court of law.

Dear readers, our articles talk about model ways of dealing with legal issues, but each case is unique.

If you want to know,How do you solve your problem -- go online in the right or call at +7 (499) 938-46-18. It's quick and free!

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How do you evict without a trial?

It is more difficult for a person who lives in an apartment, but is not prescribed in it, and does not own it. But it is easier for other residents to evict him. But how can this be done legally? Conspiracy or a way called "exit" often fails. Sometimes, for some reason, a person is convinced of his right of residence or simply refuses to move.

It's important!Although it is not easy to evict a citizen from an apartment in which he or she is not prescribed, the difference is small, according to article 40 of the Constitution of the Russian Federation, "every person has the right to housing".

This can be interpreted in different ways, especially in today ' s environment, where many people simply do not have a home, but it is an article that does not make it easy to evict a person living there without a formal right to do so.

Article 40 of the Constitution of the Russian Federation

1. Everyone has the right to housing; no one shall be arbitrarily deprived of his or her home.
2. Public and local authorities promote housing and create conditions for the realization of the right to housing.
3. Poor citizens who are otherwise referred to in the law who need housing are provided with it free of charge or at affordable cost from public, municipal and other housing funds, in accordance with the standards established by law.

• Ending relationships, in particular family relationships, can also extend to friends, "long" guests, and so on.
• Quarters who don't want to leave the apartment.
• People who have already been discharged from living quarters through court but still live there.
• Other cases like this.

To evict a man, you have to sue him.It is important to draw up a statement of claim correctly. It must state the grounds and reasons.

Could a citizen be prohibited from living without his or her consent?

The eviction procedure is one of the most difficult.

If a person who does not wish to release the premises is not legally bound, it is often sufficient to threaten him or her with a court order or to file an application to leave the home himself.

But more often than not, this person is either an alcoholic/drug addict who doesn't care about what's going on at all, or a trickster who realizes that there is a real confusion in this area of legislation.

A lot depends on how the situation is presented, more evidence of the defendant's misconduct, his asocial behavior, and especially his destruction of the dwelling, and a trial on the plaintiff's side.

And if there is not much of them, then a citizen who does not wish to leave is already a victim in terms of the law, and the process can be prolonged indefinitely; and perseverance is the first thing that is required in such cases.

Grounds that may be indicated in the application:

• Art. 31, para. 6 and para. 7 — in the event of non-compliance with the rules of residence.
• Art. 31, para. 4, in the event of the termination of a family relationship.
• Art. 31 LC, p. 5 - if the lease agreement has expired, bear in mind that this paragraph is more suitable for cases in which the court has already been served, but it can still be indicated.
• Art. 36 of the LKS - for long-term lease agreements, as well as for cases of violation of the rules of use of the premises.
• Art. 84, art. 91, art. 133 of the LKS - eviction from socially employed apartments, members of a cooperative, etc. The article is usually not required because in such situations the lessors themselves are sufficiently aware of the law.
• Art. 90 and art. 91 of the LKA are for non-privatized apartments, while art. 90 implies non-payment of rent and art. 91 means violation of the rules of use of the premises, non-compliance with the rights and interests of the neighbourhood on the premises, and social behaviour. We have described in detail the features of the eviction procedure from the non-privatized apartment, and we can find out about eviction on the basis of debts for public services here.

In addition to the legislative basis in the form of article(s) of the Housing Code, it is important to spell out the reason in detail.

1. Formal termination of family relations;
2. The end of the contract by which a person lived in an apartment;
3. The new owner of the dwelling;
4. The owner's wish.

The last paragraph requires attention.This ground will be considered by the court, but it often takes a lot of perseverance to achieve what is desired.

It's important.The owner may sue for eviction from the apartment.

For "normal" people who don't think like judges, it's obvious that if a person, for example, rents a room and hasn't paid for it for a couple of months, that's a good reason to kick him out, but for lawyers, it's not so obvious, and in this case, for example, you have to wait for a court decision, and most likely the tenants will still have a long time to clear the room.

The following reasons are considered to be valid:

1. A violation of the rules for the use of the accommodation.The state of the dwelling is far more trembling than the views and wishes of the tenants themselves.
2. End of the contract whereby a person lived in an apartment.It is true that the landlord is in trouble here, and even if they apply for court and a favourable decision, tenants may be given more time to find new housing and/or to solve their financial problems that prevent them from finding an apartment.

   Depending on the time of the year and the availability/ absence of children, this period may range from a few weeks to 6 to 12 months; therefore, if this is the case, it is better to indicate additional reasons.

3. Buying or selling housingdepending on who's writing the application, the change of owner is a good reason for the court, but selling the apartment with the tenant, especially to strangers, isn't easy.
4. Termination of family relations.Such proceedings are often the most complex, especially in the case of children, older persons and persons with disabilities.

Attention!It is not always appropriate to evict tenants by force.

In most cases, it's really enough just to put them out the door with the things, but if they decide to complain to the landlord themselves, the law might be on their side.

The claims ranged from the property allegedly stolen by the owner of the apartment to the unrecorded fact of giving up housing in the FNS, so it was necessary to make a sober assessment of what the person was capable of and what was expected of him.

Where will an unwritten person live after?

This issue is also dealt with on a case-by-case basis.The existence of article 40 of the Constitution of the Russian Federation makes it impossible to evict a person "to the street".Although this is actually the case, judges are reluctant to take such decisions and often give people more time in advance – either to remedy the situation or to release the apartment.

All situations in which a person can be evicted without being provided with other housing have been dealt with in a separate article, and if it is possible for a person to be evicted from an apartment, read here.

But there are nuances here, for example:

• If it is determined that he has a place to move, he will be obliged to leave the home as soon as possible.
• If it turns out that the financial situation allows him to rent another dwelling, he may also be required to move "to nowhere";
• If it turns out that he cannot afford rent and there are no other options, the new premises may be provided under a social employment contract in accordance with article 85 or article 90 of the LC.

Article 90: Removal of the employer and members of his/her family living with him/her from his/her living quarters with the provision of another dwelling under a social employment contractIf the employer and members of his/her family living with him/her for more than six months, without good reason, do not pay the rent for accommodation and utilities, they may be evicted by the courts with the provision of another accommodation under a social employment contract, the size of which corresponds to the size of the accommodation established for the placement of citizens in the dormitory.

Mode of action

First of all, we have to try to negotiate without a trial.The fact that a person refuses to move voluntarily is important to the case. If there is evidence, such as testimony, it's good. If not, you can simply say no. It's perfect if there's a written refusal recorded by the precinct in the presence of two witnesses, and in practice it's feasible to do so.

It is also important to collect any evidence of their claims:

• A long-term employment contract;
• :: Violations of the rules governing the use of the premises (fire due to irresponsibility, destruction, commercial purposes, complaints by neighbours);
• Family change certificate, etc.

It is then necessary to state the legal basis and reasons for the claims in the application, which may be written at home on the basis of a model or on the spot.

Nuances:

1. The application shall contain the main data and contacts between the plaintiff and the respondent.If there are other interested persons or those who can testify, they should also write down and be notified of how to contact them.

   To download a sample of the eviction claim

2. The application is filed with the court at the place of the apartment.It is accompanied by a copy of the plaintiff ' s passport, all evidence that there is a good reason for the eviction, a receipt prepaid in the bank for the service of the State, which is worth 200 roubles.
3. The timing of such applications is very vague.The court may respond within a week, but this answer is not always satisfactory to the plaintiff; additional evidentiary requirements may be put forward, time allowed for the release of the apartment (up to a few months), and it is established that the person violates the rights of the neighbours little or "often" and so on. There are many difficulties in such cases, so it is necessary to prepare in advance.
4. In the case of dependents or minors, the court may at all refuse to hear the case.Also, documents are not accepted if there is no evidence at all or if they are too weak.

Features in different situations

Exit without trial is possible only in two cases: if a person has been able to agree to release the premises voluntarily, or forciblely; the second case is not always appropriate and is not always valid, because the owner can apply to him already; it is also possible to force him to move without consent through a court of law.

Without the provision of other housing, a person may be evicted if:

• He has other property or a place where he can legally reside;
• The financial situation allows him to purchase real estate or pay rent;
• He has systematically violated the rules governing the use of the accommodation and has been given time to correct the consequences of his actions, but this has not been the case;
• He was given a period of time to search for another dwelling.

If a court decides not to leave the premises, the bailiffs will take the case after the expiry of the time limit, in which case they will simply remove the citizen from the apartment, in the presence of those who understand.

In most cases, such proceedings end in favour of the plaintiff, but require a lot of patience, perseverance, evidence, and time.

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