Most people are not sufficiently informed about their rights regarding living in a municipal apartment. Frequently asked questions include the following:
- What should I do if they want to evict me?
- How to discharge a person from a municipal apartment;
- Is it possible to deregister a person without his consent if the authorities or ex-spouses want it?
Below we will familiarize ourselves with all the nuances of this process in order to avoid illegal eviction.
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When can you lose your registration?
Extract without consent
There are only a few reasons why a living person can be evicted from his home without consent:
- If the apartment was purchased before marriage, then after the divorce the ex-spouse loses the right to live in it. Eviction will occur either voluntarily or forcibly, i.e. through the court. In the latter case, there is no point in filing complaints, because this is the rule of law that everyone is obliged to follow;
- If the housing is not privatized, but is municipal, then its improper use can lead to the eviction of the person or people living there. To do this, you just need to write a statement with a list of grievances and send it to the employer. And if a person does not correct the situation, then he is evicted;
- If a person does not want to pay for utilities and does not live in the apartment for a long time, then he can also be evicted and deprived of his registration;
- When parents lose custody, they must, by court decision, move away from the child to another location;
- If a person was registered in a home after privatization, the owner can evict him at any time, but this does not apply to minors (persons under 18 years of age);
- If the housing you received as a gift already had several people registered and living there.
Extract from a privatized apartment
If they want to evict you from a privatized apartment, then the owner has all the rights to do so. Housing acquired before marriage is not jointly acquired property, therefore, after a divorce, the former spouse loses the right to reside in this apartment or house.
Reasons for discharge:
- The removal of a former spouse from a privatized apartment after a divorce occurs in accordance with the relevant provisions of the law;
- If during privatization one of the spouses renounced their property rights in favor of the other, then he will never lose the right to reside. In this case, it is impossible to evict a person without his consent;
- If the second owner does not live according to registration and does not pay utility bills without a good reason, then you can try to get his deregistration through the court. But this is not possible in all cases.
Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your specific problem, please contact the online consultant form on the right →
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What is the algorithm of action in this case?
Algorithm of actions when evicting a person:
- Drawing up a statement of claim with the reasons for eviction of the tenant from the premises, which is then submitted to the court at the location of the apartment. To do this, they often turn to professionals and notaries;
- The following documents are attached to the statement of claim: a certificate of ownership, a receipt with debts for utility bills or a certificate of divorce;
- If the ex-spouse does not appear in court, the process will drag on, and then for a long time you will not be able to obtain a legal basis for depriving the person living in your property of registration;
- Next comes the trial and a decision is made in your favor. If a person has no other place to live, his discharge may be delayed for some time.
When a citizen who is in prison is deprived of the opportunity to live, one must be prepared for the fact that after release the person may demand through the court that the transaction be declared illegal and, most likely, will win the case and return to his home.
Extract from public housing
Municipal housing is an apartment or house that is owned by local authorities. They can rent it out to some needy citizens. But sometimes it happens that they want to evict a person, and this can only be done if certain conditions are met:
- If the tenant violates the living conditions and creates inconvenience for other residents;
- If the tenant does not pay rent arrears. In addition, the following tenants will not pay arrears;
- Use of living space for other purposes;
- The home was badly damaged during use;
- If you lived in a municipal apartment as a family, then after a divorce you can move your ex-spouse only if he has other housing.
How to act in this situation?
Deprivation of the right of residence occurs as follows:
- Initially, the apartment owner must be notified of the tenant’s problems and provide evidence;
- Write an appropriate statement of claim and collect the necessary documents;
- File a lawsuit and provide evidence;
- After the hearing, the court makes a decision on whether to discharge the citizen from the apartment.
It is worth remembering that having rent arrears will not be a reason for eviction. Here we are talking about the owner of the property or the tenant for whom the contract is drawn up, if there is no income due to health problems or other valid reasons.
Discharge of minor citizens
Children generally may not ask the question: “will I be discharged from my apartment or house,” even a municipal one. Because this issue will be resolved only through the guardianship authorities. In addition, children's rights are protected by various regulations and laws. In any case, the discharge of a minor citizen is possible only if he is guaranteed to find another housing with suitable conditions.
As for moving from one parent to another, it is carried out without the permission of the guardianship authorities. In order to carry out the procedure, you need to take a document from the passport office with the number of people living in the house, submit an application to the board of trustees and attach the following documents:
- Discharge statement, which was written on behalf of the parents;
- Parents' passports;
- Child's birth certificate;
- Real estate personal account;
- Certificate of ownership;
- Technical passports for all premises.
As for registering a child in a new home, this must happen no later than three days after receiving all permits and certificates. Otherwise, a fine may be assessed.
Arbitrage practice
Forced discharge or discharge without consent can only be carried out by a court decision. Such cases are heard in district courts, not regional ones. When the defendant's address is not known, the application is submitted to the department at the place of residence.
The court does not write out, but only deprives the right of residence. After this, you need to contact the passport office and carry out the entire procedure yourself. Therefore, make mistakes and indicate in the application that you want to deprive the right of residence, and not write it out.
Otherwise, no one will consider your case.
What documents will be needed?
In addition to the written statement, it is necessary to describe the reasons why the citizen could be discharged from the home. The applicant must also attach the following documents:
In addition to the written statement, it is necessary to describe the reasons why the citizen could be discharged from the home. The applicant must also attach the following documents: It is worth considering that the court may discharge you “to nowhere.” Therefore, be very careful about council housing so as not to be afraid of a decision that could lead to you being discharged without consent. There are a lot of laws that indicate that any citizen has the right to housing.
Therefore, the court is in some ways acting contrary, and such decisions can only be made on the basis of solid evidence. In addition, everyone has the opportunity to file a counterclaim and turn the situation to their advantage.
No one can deprive the right to registration of a person who pays all payments, is registered in the house and does not violate the rules for using the premises.
Ex-husband's statement
Doing this without consent is quite problematic, but there are still several nuances that need to be taken into account.
Former spouses are also subject to the law, which can evict them if they violate public order, if they have debts on utility bills and if the premises are used for other purposes.
You can even carry out the procedure without his knowledge if he is in prison or similar correctional institutions. But upon his return, he can demand reinstatement of his rights. And in cases of selling an apartment, challenge the transaction in court.
A completely different case is when housing was purchased and privatized during marriage. Here the court is unlikely to make a positive decision on deprivation of the right to reside in such real estate.
As for civil marriage, you should not immediately register your husband or wife. It is better to do this over time, and first issue temporary registration for a year, so that, if necessary, there will be no problems with eviction of such a person. In any case, such processes very rarely take place without the help of a lawyer.
Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your specific problem, please contact the online consultant form on the right →
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Documents for voluntary discharge
The main package of documents that will be required upon voluntary discharge includes the following:
- Passports of the owners of the premises and citizens who are deregistered;
- Departure sheet, where the new address will be indicated;
- Certificate of ownership of the apartment or other title document.
As for minors, for their discharge you will need:
- Passport of the person doing the deregistration;
- Child's birth certificate;
- Personal account;
- Technical passports for old and new housing;
- Order or social contract for both types of housing;
- Certificate on the number of citizens living in the house;
- Applications from each parent.
The guardianship authorities make a decision within two weeks. If it is positive, then you need to do everything according to the rules and come to the passport office with the following documents:
- Discharge permission;
- Employer's passport;
- Documents for the child;
- Title documents for housing;
- Departure sheet for a minor.
How to properly file an application to the court?
Before you take the main steps, you need to draw up an application to the court. To do this, you need to indicate the institution to which you are going to send your document.
Then enter your passport details and the text of the claim. It is important that you indicate the reasons why you are seeking help.
An integral part can be considered references to the current provisions of the law, according to which the proceedings must be initiated.
At the end, be sure to indicate your requirements for the eviction of a citizen or several at once from your property. The form of the document is arbitrary, but it is still worth adhering to some rules.
A mandatory factor is the presence of additional documents in the form of witness statements, certificates, certificates. Because without them no one will start the process. If necessary, contact a specialist who will help you in drawing up and collecting documents.
Only then can we say that the process will go according to your scenario and the court’s decision will be positive.
Don’t be afraid to prove that you’re right, because losing your home is very easy, but getting it back will be much more difficult, and it will take a lot of time.
Do not let anyone violate your rights; if necessary, seek the help of specialists who could help you in difficult situations. If you are sure that you have the right to live in the premises, then apply the law and file claims in court.
Try to do everything possible if relatives or ex-spouses do not want to solve the problem by agreement.
How to discharge a person from an apartment to nowhere?
Extract from an apartment through the court is one of the priority areas of activity of the Bessonov and Partners Law Bureau. The many years of experience of our specialists in matters of deregistration of citizens allows us to do this quickly and efficiently!
What is an expulsion and what is an eviction?
When talking about an extract, it is worth clearly distinguishing between legal terms!
Extract is a procedure for deregistration, which occurs on the basis of a court decision that the defendant does not have, has terminated or lost the right to use.
Eviction is a procedure for the actual (physical) removal of the defendant from the residential premises illegally occupied by him. A prosecutor must participate in the eviction hearing and it is carried out by bailiffs.
What documents will be required to check out of the apartment?
Standard package of documents for filing a claim in court for “exclusion from an apartment”:
- Copies of the statement of claim according to the number of persons participating in the case;
- Receipt for payment of state duty + copies according to the number of persons;
- Power of attorney for a representative (if the claim is filed by a lawyer) + copies for the number of persons;
- Extract from the house register + copies by number of persons;
- Title and title documents for the apartment (agreement, warrant, certificate) + copies according to the number of persons;
- Other documents confirming the existence of grounds for discharge + copies by number of persons.
The list of other documents is formed based on your situation and the presence of specific grounds for deregistering the defendant.
Article 40 of the Constitution of the Russian Federation establishes that every citizen of the Russian Federation has the right to housing. You can’t just take a person and write him out of a residential area to nowhere, especially if the defendant has nowhere to live.
This gives rise to numerous housing disputes in Russia. If you have agreed with the defendant on discharge peacefully, then you have solved your housing problem.
But if consensus is not found, then you cannot do without a trial.
According to paragraph 1 of Article 35 of the Housing Code of the Russian Federation, a person can be discharged from an apartment without his consent only through the court. In other respects, the same as eviction.
“According to paragraphs. “e” clause 31 of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation approved. Decree of the Government of the Russian Federation No. dated July 17, 1995.
“, the removal of a citizen from registration at the place of residence is carried out by the registration authorities in the event of: eviction from an occupied residential premises or recognition as having lost the right to use residential premises - on the basis of a court decision that has entered into legal force.”
The chances of a person being discharged through the court directly depend on who you want to discharge, from which residential premises you want to discharge the person (municipal, privatized, owned), as well as when and by whom the defendant was registered in this residential premises.
However, current housing legislation provides for the possibility of discharging a person from living quarters to nowhere! Even more, it is impossible to discharge a person “somewhere”! The court in its decision indicates whether the defendant has the right to use the disputed residential premises or not, and the migration registration authorities, on the basis of a court decision, remove him from the registration register (cancel the registration). Next, the defendant must independently notify the state where he intends to reside by registering at his new place of residence. So go to court with confidence!
From the apartment you can:
- write out your ex-wife (spouse);
- write out your ex-husband (spouse);
- write out the former son-in-law/mother-in-law;
- write out father/mother/brother;
- discharge a former family member;
- write out the former owner;
- register a family member of the former owner;
- discharge the child;
- and any other person...
Especially for you, we have developed an infographic (diagram) “Can you discharge a person to nowhere?”
LOOK
- It is impossible to discharge a person from municipal housing who lives there and/or pays utility bills there;
- It is impossible to discharge from municipal housing a person whose accommodation is being hindered (he is kicked out of the apartment);
- It is impossible to discharge from privatized housing a person who was registered there at the time of privatization, but who did not receive a share in the property, if he continues to live in this residential premises;
- It is impossible to expel a minor child of the owner or tenant from the residential premises until he turns 18 years old if his parent continues to be registered in this living space;
- It is impossible to write out the owner of a residential premises or his share, except in cases where he owns a small share and cohabitation violates the rights of other owners;
- It is impossible to discharge a minor child left without parental care from the residential premises until he reaches adulthood;
- It is impossible to write out a person who was included in the order for a cooperative apartment as a member of the shareholder’s family if he continues to live in it;
- It is impossible to expel a person from the acquired housing to whom the new owner himself retained the right to use the residential premises in the contract.
Just describe who and where you want to discharge from - our lawyer will call you and tell you in detail for free what needs to be done!
The contact information you entered is not saved anywhere and is deleted immediately after the consultation. We guarantee that no one will disturb you!
During the process of discharge through the court, our specialists work closely with:
| Moscow City Property Department | Moscow City Court | Centers for the provision of public services "My Documents" |
Attention!
- Your problem is special, so trust us to solve it professionally and quickly!
- Don't do anything on your own, you just need to call us!
We will advise you absolutely free of charge on issues of deregistration from an apartment in Moscow and the Moscow region!
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How to discharge a person from a municipal apartment without his consent through the court?
The owner's discharge from a municipal apartment is carried out under the same conditions as ordinary citizens .
To do this, it is important to rely on current legislation and adhere to a certain algorithm of actions, as well as collect a good evidence base . Is it possible to be discharged from a municipal apartment without the consent of the registered person?
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 (499) 938-44-61. It's fast and free!
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You can learn about ways to remove a person from a municipal apartment who has not lived for a long time and you don’t know where to look for him in our article.
Causes
Is it possible to discharge a person from a municipal apartment without his consent? This living space is not owned by the residents , but belongs to the housing stock of the city administration or any locality.
- The owner, for whom the documents are drawn up, in this case acts as a tenant and is responsible for the rented housing.
- Moreover, according to the Housing Code and its Article 91, the municipality has the right to evict a tenant, without his consent , in the following cases:
- Find out also how to discharge a deceased person.
The city administration, neighbors and other residents living in the same living space as the owner can begin the eviction process. Can they be discharged from a municipal apartment without consent to nowhere?
Instructions for eviction
How to discharge a person from a non-privatized apartment without his consent? As soon as you decide to remove from permanent registration a tenant who is improperly fulfilling his responsibilities for the use of square meters , it is important to adhere to the following instructions:
- First you need to contact the municipality to draw up warning letter to the future defendant.
As soon as the defendant receives the letter, he has the right to correct all violations and retain the right to use the residential premises.
- If the involvement of the municipality does not produce any results, you should contact the district court. To do this, a statement of claim is drawn up for recognition of the loss of the right to use the residential premises.
- The application must indicate the reason for the application and attach available documents as evidence .
- If the application is written correctly, within the first calendar month you will receive a response about the start of legal proceedings. The consideration of the case itself may take a period of 90 days, due to the workload of the judicial authorities.
- After the claim is satisfied, the plaintiff receives a court opinion , with which he needs to contact the passport office or migration department (read also about extracting through the MFC and State Services), attaching a package of documents. Within three days, the offender will be discharged from the rented living space. Extract is free of charge.
They can be reports from the police drawn up during attempts to pacify the offender, an extract from a book from home, certificates from the BTI or UKS about existing violations in illegal redevelopment, etc. In this case, it is worth indicating those laws that were violated by the owner.
When filing a claim, it is important to attach a certificate of payment of the state fee . Today it is about 200 rubles for individuals and 4 thousand for legal entities.
Some people ask questions: “How to sign a person out of a municipal apartment without his consent?” The outcome of the case will depend on certain features.
Peculiarities
Is it possible to discharge a person from a non-privatized apartment without his consent if he is a minor? A judge will never allow a minor child to be expelled from an apartment just like that , since by law he has the right to be registered with one of the parents.
Also, in such a situation, the court will never pass a verdict in favor of the plaintiff if the minor has nowhere to register (read about discharging a child from a municipal apartment).
Difficulties during discharge may arise if the absent citizen is in prison. Upon his return, he has every right to return to the square meters that belong to him , which is prescribed in Article 71 of the Housing Code.
In rare cases, the court meets the plaintiff halfway when evicting a disabled person . In such situations, the judge also takes into account the availability of another address for registration of the plaintiff.
Regardless of the reasons for the eviction of a tenant from his apartment, it is important to collect a good evidence base and accurately draw up an application for submission to the governing bodies.
Even the slightest inaccuracy or absence of one necessary certificate can serve as a refusal for legal proceedings, which will require re-execution of all papers.
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How to expel a person from an apartment without his consent | Legal Advice
Last updated February 2023
One of the most sensitive housing issues is the forced eviction of an unwanted tenant.
More often than not, eviction from an apartment, room, or house without the consent of the evicted person is associated with conflicts and disputes that arise between residents.
Forced discharge is a last resort and in most cases is possible by court decision. An exception is the discharge of a conscript for military service, a convicted person, someone missing or deceased.
Naturally, it is not always possible to evict a person from a home just at will. One way or another, you will have to resort to deporting the citizen through the court.
In what cases can a person be discharged from a privatized apartment without his consent?
There are few solid grounds for evicting a person against his will.
- divorce of spouses, when one of them is the owner of the property, and the other only lives (you can write out someone other than the owner);
- purchase of living space by an outsider (the former owner and his family are evicted);
- prolonged absence of a person registered at the place of registration;
- committing offenses in the area of living rules in an apartment building;
- misuse (not for residential purposes) of an apartment, room, house;
- uncoordinated redevelopment (re-equipment) of the apartment;
- deterioration of the condition of housing (structural, sanitary and hygienic, etc.);
- other situations depending on the individual case.
Let's consider these situations in more detail.
Termination of family relations (divorce)
Divorce, after which the former spouse and his relatives lose the right to use the apartment. They can be evicted through the courts.
If the ex-husband (wife) has nowhere to live, the court may temporarily leave the discharged person in the apartment. Or force the owner to provide temporary housing. Therefore, if the evicted person has housing or the means to purchase it, the plaintiff must inform the court about this. So as not to receive an inconvenient judicial act.
| Who has the right to write | Who is being evicted? | Exceptions |
| owner |
|
|
Acquisition of an apartment by purchase, gift or inheritance with registered people
In court, there is no need to talk about the reasons for filing a claim (non-residential persons, failure to pay for utilities, violation of the rights of residents by indecent behavior, etc.). It is enough to declare the refusal of those being evicted to leave voluntarily.
| Who has the right to write | Who is being evicted? | Exceptions |
| New owner | Persons registered in the apartment | refusal to privatize the apartment of registered persons in favor of the previous owner, that is, the existing right of indefinite residence |
Prolonged absence of the written address and non-payment of utility bills
If the person registered has another home, but he does not appear according to his registration, does not pay for electricity, gas, water, then the owner can get rid of him. In court, you will need to indicate the exact actual address of residence and confirm payment of the utility debt for the defendant by the owner (receipts on his behalf).
| Who has the right to write | Who is being evicted? | Exceptions |
| Owner | Persons registered in the apartment | No |
Behavior that systematically violates the rights of other residents
Violations are expressed:
- unsanitary condition of housing;
- antisocial behavior (fights, scandals, running a brothel, night parties, etc.).
Such irresponsible behavior cannot be proven in court simply by words, so first it is necessary:
- make a written reprimand to the offender;
- contact law enforcement authorities to report violations.
The collected responses, protocols, resolutions and other inspection documents will be the necessary evidence to be presented to the court.
| Who has the right to write | Who is being evicted? | Exceptions |
| Owner, neighbors | The owner (if neighbors contact him) and (or) other residents of the apartment | No |
A citizen does not use the apartment for living, that is, not as a home (workshops, veterinary care, etc.)
The commercial use of housing can be confirmed by housing commissions under administrations. You need to apply there with a detailed application in free form. Such statements can be written by neighbors, the HOA board, etc.
| Who has the right to write | Who is being evicted? | Exceptions |
| Owner, neighbors | The owner and (or) other residents of the apartment | No |
Often, illegal redevelopment of an apartment can violate the design of a multi-story building. Naturally, this causes concern among the owners of other apartments. Procedure for protecting rights:
- contact the authority that gives permission for redevelopment (the administration of the locality), which will oblige the owner to restore the previous condition of the apartment;
- if there is no effect, then a lawsuit is filed demanding the forced seizure of the apartment from the owner (selling it at auction) and his eviction.
Afterwards, the new owner must restore the apartment and evict the previous residents.
| Who has the right to write | Who is being evicted? | Exceptions |
| New owner | The previous owner and persons living with him | No |
Deterioration of housing
Deterioration means any negative impact on housing:
- destruction of buildings and partitions;
- damage or destruction of engineering equipment and systems (plumbing, ventilation, gas equipment, etc.);
- deterioration of finishing repairs, as well as furniture necessary for a comfortable stay (bedroom, kitchen furniture, interior doors, etc.).
The offender's actions must be intentional. For example, if a window breaks due to a draft, then such actions cannot be grounds for eviction.
| Who has the right to write | Who is being evicted? | Exceptions |
| Owner | Any prescribed | No |
Extract from a municipal apartment without consent
There are differences when discharging a person from a privatized and non-privatized apartment. Let's consider typical situations when a citizen can be discharged from a municipal apartment:
| Situation | Who has the right to write | Who is being evicted? |
|
Municipality (landlord) | Tenant and his family |
| If there is no payment from any of the registered tenants for more than 6 months, then the tenant himself is responsible for this. Therefore, they will evict not only this tenant, but also the tenant and his family. Advice: you need to separate the personal account of the apartment and renew the social tenancy agreement for several tenants. Then the defaulter, as one of the tenants, will be evicted, while the other will remain. Or make a forced exchange of housing. |
||
|
Municipality (housing owner), neighbors | The tenant and (or) persons registered with him |
| Improper use of an apartment is determined by housing commissions under administrations and police officers (precinct). Neighbors, the municipality, the HOA board, etc. can contact these structures. | ||
|
Landlord, neighbors | Tenant and his family members |
| Deterioration of housing or redevelopment can lead to the emergency condition of the entire multi-storey building. Interested parties may react to this: neighbors, homeowners' associations, housing offices, etc. You should contact the city (district) administration, police, housing commission. After confirming these facts, go to court. More often than not, the claim is filed by the administration. | ||
|
Municipality | Tenant and his family members |
| Temporary absence does not mean loss of the right to housing. Such a loss will occur if a citizen moves to another place for permanent residence. The social tenancy agreement will be considered terminated from the moment of moving to another address. | ||
|
Landlord, tenant, neighbors | Tenant or person registered with him |
When a tenant divorces, the ex-husband (wife) does not lose the right to live in a municipal apartment, unlike the ex-spouse who lived in the owner’s privatized apartment.
Extract of certain categories of persons
- if the child remains homeless, even if his parents have been discharged;
- minor home owner (share in property);
- children participated in the privatization of municipal housing.
Guardianship permission is required if, upon forced discharge, the new housing will be worse than the previous one.
A classic situation in which it would be easy to discharge a child without consent. If he is discharged to his parents (parent) from a stranger from a municipal apartment. But even in this case, you will need permission from guardianship and a court decision.
In general, the outcome of a court case depends on many circumstances. But the court initially stands for the protection of the rights of the child.
- Parent deprived of parental rights
If a parent living with a child has been deprived of his rights, he is subject to expulsion from the apartment without his consent. It doesn't matter whether he has other housing or not.
He can be discharged based on his conviction. To do this, it is enough to contact the passport service directly without going to court for eviction. However, after serving the sentence, the prisoner can demand restoration of his rights. And if, for example, the apartment is exchanged after the convict is discharged, then there may be forced occupancy.
The discharge is made on the basis of a message from the military registration and enlistment office. A serviceman is registered at the place of service. Transactions with housing are permitted without restrictions. After returning from the army, the conscript will not have any authority to cancel transactions.
- Missing or declared dead
Such citizens can be discharged on the basis of a court decision to recognize them as missing or dead. Afterwards, you can perform any actions you like with the apartment. If the discharged person shows up, then a reversal of transactions will not be allowed. The exception is if other residents knew about the location of the evicted person and acted maliciously.
What are the initial steps?
Before going to court with an eviction claim, you must:
- contact the person subject to eviction in writing with a request for his voluntary discharge. That is, offer him to check out on his own (or with a demand to stop actions that violate the rights and interests of other citizens, if such actions are committed);
- contact the owner or landlord (depending on whether the apartment is privatized or municipal) with your complaint against the person being evicted;
- in some cases, it is necessary to contact the competent authorities with a statement about the violation of the rights of other persons by the evicted person.
Which court should I go to?
Next, a statement of claim is prepared and the state is paid. the fee and claim materials are sent to the city (district) court (not to the justices of the peace) at the location of the apartment, house, room. That is, from where the citizen will be evicted.
It is wiser to entrust the conduct of the case in court to a lawyer (advocate). But keep in mind that you should not withdraw from the case. Necessary:
- re-read every document drawn up by a lawyer and express your opinion on this matter, even if it seems unprofessional to you;
- inform the lawyer of all the facts known to you, without dividing them into significant and insignificant. Remember, every detail in such matters is important.
- attend court hearings with a lawyer. First, it will convince the judge that the issue is important to you (this has a strong emotional impact). Secondly, you will be able to explain to the court important points that the lawyer might not be aware of.
In some situations, going to court for eviction without the consent of the tenant or owner is possible on the initiative of the administration. For example, in case of illegal redevelopment, violation of the rights of residents by obscene behavior, use of the apartment for other purposes, etc. The administration's activity can be awakened by contacting it with complaints directly or through the prosecutor's office.
How to prescribe
The court itself does not discharge the citizen. They only make a decision on the basis of which discharge is possible. Therefore, the interested person, of his choice, must arrive at the territorial:
- MFC;
- Homeowners' association, housing department, etc.;
- Migration Department of the Ministry of Internal Affairs.
The following must be submitted to the passport service:
- application of an interested person for the discharge of an objectionable citizen (the application is drawn up in free form);
- a court decision on eviction without consent, certified by the court with a note about entry into legal force;
- certificate of registered persons;
- house book, if we are talking about a private house.
The presence of the person being discharged is not required.
Checkout is free within 3 days.
- If, after discharge, you are unable to actually expel the person from the apartment, you need to contact the bailiffs with a decision and a writ of execution.
- Before asking a question to a lawyer, please read the readers’ questions; perhaps a similar case has already been considered and there is a detailed answer, in which case the specialist will not answer you.
- Ordinartsev Roman Valerievich
Discharge a person from an apartment without his consent - Lawyer in Samara and Moscow - representation in court and legal services
To discharge a person from an apartment without his consent only through the court . There may be a lot of cases when eviction measures are necessary, but in any case, you will have to prove this in court, using only the facts. This article describes how to discharge a person from both a privatized apartment and a municipal one.
Conditions for removing a person from an apartment without his consent
So, what could be the conditions for evicting a person?
- If the apartment was acquired by the owner before his marriage, then after the divorce, the rights of his spouse to this apartment are terminated, as well as the rights of his (her) relatives. This is what Article 31 of the Housing Code of the Russian Federation says. Former relatives who do not want to be discharged will quickly be forced to do so through the court, so in this case there are no obstacles from a legislative point of view, but your nerves will most likely get frayed.
- Use of non-privatized property for other purposes < (namely, if the apartment belongs to the municipality), causing harm to it, violating the rights of neighbors (Article 91 of the Housing Code). It is quite simple to evict such a tenant: first, the persons interested in this write an application addressed to the tenant, in which they express all their wishes and grievances, then he receives a warning. As a rule, it does not affect him, and then you can go straight to court.
- If a person does not live in an apartment for a long time, does not pay for utilities, but at the same time has other permanent housing, he can also be discharged through the court.
- If parents are deprived of parental rights and, by a court decision, should not live with the child, they are evicted without being provided with another place of residence through the court. Art. speaks about this. 91 of the Housing Code of the Russian Federation.
- If a person registered in the owner’s apartment after its privatization, i.e. the owner of an apartment can easily discharge a person registered in his living space, but this does not apply to minors. You cannot be discharged until you reach adulthood.
- If a minor child living with his official guardian in another place is registered in the apartment.
- If you received an apartment as a gift or by will, and someone is already registered in it.
How to discharge a person without his consent from a privatized apartment
On the one hand, this is the simplest thing when the apartment was purchased (or privatized) by one of the spouses before the wedding.
- It is not difficult to discharge one of the spouses who is not the owner of this residential premises from a privatized apartment in accordance with Art. 31 of the Housing Code. Moreover, he should be discharged together with his family members.
- If one of the spouses participated in the privatization of the apartment, and the other refused privatization, then this does not give the right to deregister him. Even if the spouse did not participate in the privatization of the apartment, he can still live in it, so it is impossible to deregister him without consent. The owner is still the only one who can dispose of the apartment, for example, sell it or rent it out, but these documents will necessarily contain information about the people registered there. And although they cannot dispose of the apartment, they have every right to use it for living purposes. It is not difficult to guess that it will be very difficult to sell an apartment with such an encumbrance: in fact, it is sold together with the persons registered there, whom no court will oblige move out. You can only get your former relatives discharged through persuasion.
- If a person is absent for a long time (not for a good reason), does not pay utility bills and has another place of residence, then it makes sense to file a lawsuit, although it is not a fact that you will win the case.
The procedure for removing a person from a privatized apartment without his consent:
- First , you need to competently draw up a statement of claim for termination of the right to use residential premises, eviction and deregistration, or a statement of claim for the eviction of a former family member of the owner, written to the district court at the location of the property. To draw up a competent statement of claim, I advise you to contact a lawyer or law firm that has knowledge and experience in this matter, because to draw up a claim you need to conduct a thorough legal analysis, because each situation requires an individual approach.
- You contact the district court at the location of the property with a statement of claim, documents for the apartment (certificate of ownership and foundation agreement), additionally present the person’s debt for utility bills, payment receipts and, if the reason for eviction is a divorce, then a certificate of divorce.
- If the former spouse of the homeowner does not appear in court, he immediately wins the case. If a person who is “on the run” does not appear in court, then the process may drag on, not in your favor.
- The court makes a decision to discharge the person, but it may take into account his financial condition and, in some cases, oblige you to tolerate the former relative for some more time. In the worst case, he may demand that you provide him with other housing for this time, and you will have to unquestioningly obey the court's decision. So, in some cases, it may be impossible to immediately get rid of a fed-up ex-relative, and you will have to be patient.
There are also some nuances when checking a person out of a privatized apartment.
Everything turns out to be much more complicated if the privatization was carried out by the spouses together, and even with the participation of the spouse’s relatives who are not the owners of the residential property. According to the same article (Art.
31 of the Housing Code of the Russian Federation), it will no longer be possible to write out former family members so easily, because if they refused privatization, then they gave up their share of the apartment in favor of the right to live in it, so it will be impossible to write them out.
The only option in this case is to exchange the apartment, and then only with their consent. Accordingly, you cannot simply sell the apartment.
You can also discharge a person from the apartment who will spend the next few years in prison.
You just need to take into account that upon returning from places so remote, he may well demand that he be re-registered at his previous place of residence.
And if by this time other owners have already sold the apartment, the newcomer will be able to challenge the deal in court, and, most likely, the court will be on his side - especially if he has nowhere else to live.
How to discharge a person without his consent from a municipal apartment
A municipal (not privatized) apartment is the property of the municipal housing stock (city administration), which in this case acts as your landlord, i.e.
rents out an apartment to you. The tenant is the person registered in this apartment who needs to be evicted. How to be in this case? The main questions are answered by Art. 91 Housing Code.
Under what conditions can you evict “undesirables”?
- If the tenant is rowdy and constantly violates the rights of neighbors and other residents in the given living space;
- If he does not pay utility bills for more than six months, the court will order him to evict with his entire family, and other tenants living in this apartment are not obliged to pay utility bills for him;
- If he uses his living space for other purposes;
- If, as a result of improper operation, the condition of the housing worsens, or is even at risk;
- If you are divorced, but have to live together, you can write out your former relative only if he has another place to live.
The action plan in such cases is as follows:
- First, you must notify the owner (that is, the municipal authority) of the tenant's inappropriate behavior so that he can send him a written warning . You can be guided by Art. 91 Housing Code.
- Then you can draw up a statement of claim for termination of the right to use the residential premises, eviction and deregistration , written to the district court at the location of the property. To draw up a competent statement of claim, I advise you to contact a lawyer or law firm that has knowledge and experience in this matter, because to draw up a claim you need to conduct a thorough legal analysis, because each situation requires an individual approach.
- You contact the district court at the location of the property with a statement of claim and documents for the apartment. Certificates of debt on utility bills will also not hurt.
- The court will conduct an investigation, and if during the investigation all complaints against the person are confirmed, then he will be evicted by court decision .
But here, too, there may be pitfalls. For example, regarding a person who has been absent from the apartment for a long time. According to Art. 71 of the Housing Code, temporary absence in itself is not a reason to evict a person. How to solve this issue? In accordance with Art. 72 of the Housing Code, you have the right to a forced exchange of a municipal apartment.
Also, if your ex-husband does not pay for utilities, this is also not a sufficient condition for his (her) eviction: regardless of who in the family pays, everyone registered on it can use the living space. This is especially true in cases where the spouse does not pay because he does not have personal income due to health problems, or because he cares for small children or disabled elderly people.
How to discharge a person without his consent from a donated apartment
Article 292 of the Civil Code of the Russian Federation makes it quite clear that if an apartment is transferred to you by inheritance or under a gift agreement, then you have every right to discharge persons who live in it and do not want to be discharged. This is done through the court. For example:
- If you have been given an apartment as a gift, then you can, through the court, discharge the persons living there, on the basis of clause 2 of Art. 292 of the Civil Code of the Russian Federation - the transfer of ownership of a residential building or apartment to another person is the basis for termination of the right to use residential premises by family members of the previous owner, unless otherwise provided by law.
- If your spouse, during your marriage, gave you his apartment, then you can write him (her) out only after a divorce, then Art. 31 Housing Code.
If minor children are registered in the apartment you donated or inherited, you will not be able to discharge them, especially when they do not have additional housing. However, if the children have additional housing, then the court may approve your eviction application.
Approximate procedure:
- First, you need to correctly draw up a statement of claim for termination of the right to use residential premises, eviction and deregistration , written to the district court at the location of the property. To draw up a competent statement of claim, I advise you to contact a lawyer or law firm that has knowledge and experience in this matter, because to draw up a claim you need to conduct a thorough legal analysis, because each situation requires an individual approach.
- Then you need to contact the district court at the location of the property with a statement of claim and a gift agreement, or a document of inheritance.
- also need a document confirming the transfer of ownership of the apartment for the specified reason (certificate of state registration of ownership) and a certificate of divorce.
- When considering the case, the court will decide to terminate the right to use the residential premises and deregister.
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