How to sign a non-owner out of an apartment without consent, is it possible to sign a person out without his consent, does the homeowner have the right to sign him out of an apartment without consent?

Registration at the place of residence is what allows you to use living space, regardless of whether a person has ownership rights to it.

In this regard, sometimes a situation arises when a conflict arises between the owner and the registered person regarding the use of housing.

 
Every citizen of Russia is required to be registered, but this does not mean that everyone must own personal housing. So the people registered in the apartment are not necessarily the owners. You can be registered at a specific address, but not have any rights to dispose of living space.

Can the owner of the apartment write out the registered person without his consent?

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Does the apartment owner have the right to evict tenants?

The owner of a home (apartment, private house) has every right to deregister persons registered in the apartment.

However, if the registered person refuses to consent to discharge, this creates a number of difficulties. In this case, the tenant will have to be evicted through the court, forcibly.

This does not negate the fact that the owner has the right to forcibly deregister residents, but it will be somewhat more difficult to implement this.

Can they issue an extract from a private home? Of course, the owner has the right to do this.

The procedure for the discharge of residents is regulated by Decree of the Government of the Russian Federation No. 713. This normative act provides the most complete general position on this issue.

How can an apartment owner deregister a registered person and who can be deregistered?

According to the law, residents are forcibly removed from an apartment in the following cases:

• The person registered in the apartment has changed his place of residence;
• The registered citizen was declared missing;
• Death of a citizen. In this case, since the person cannot consent to being discharged, he is forcibly discharged;
• If the tenant has lost the right to use the housing;
• If it is established that the person was registered in violation of current legislation;
• It turned out that the registration was fictitious.

• Also, there is a difference from which apartment they want to discharge a person from.
• If you are discharging a tenant from municipal housing, then Article 91 of the Housing Code of the Russian Federation comes into force.
• This article also establishes on what grounds a person can be forcibly discharged:

• The tenant uses the living space for other purposes. For example, if a business is illegally opened on the territory of the apartment;
• The actions of the tenant lead to deterioration in the quality of housing or damage to property;
• The tenant deliberately violates the rights and interests of other residents of the house.

In addition, according to Article 90, the tenant can be discharged if he has not paid utility bills for more than six months. In this case, the complaint is submitted to the municipality.

Everything is simpler in a privatized apartment.

If the ownership right belongs to only one person, then the apartment is entirely at his disposal. Even if a married couple was registered at the address, and only one of the spouses privatized the apartment, then according to Article 31, in the event of divorce, the second spouse loses the right to use the living space.

How can you act without going to court?

1. How can an owner forcefully remove a person from registration?
2. If the owner wants to remove a person from the registration register without his consent, then the only method of forced eviction is the court.

3. But you can try to take pressure measures to avoid bringing the matter to trial.

• This is the only way to reach an agreement peacefully.
• You can also submit a claim that they do not want to check out of the apartment that belongs to you at your request.
• In this case, it will not be possible to forcibly evict someone without a court, but this may put pressure on the registered citizen and encourage him to resolve the issue peacefully.

If the subject violates public order or causes material damage to the home, you can file a report with the police . This allows you to avoid appearing in court and not having a direct confrontation with the tenant. This may force him to seek eviction of his own accord.

If the tenant himself has expressed a desire to be deregistered after the pressure you applied, there is no need to go to court. In such a situation, an agreement on the absence of mutual claims is concluded. You can simply contact the Department of the Ministry of Internal Affairs of the Ministry of Internal Affairs, where the fact of deregistration will be confirmed and formalized as a voluntary deregistration.

Does the owner need to check out of his apartment?

IMPORTANT! If the issue of deregistration cannot be resolved peacefully, then during further proceedings in court the presence of the owner of the living space is mandatory.

How to issue an extract without the consent of the person being discharged

If an amicable agreement cannot be reached, you will have to contact the district court office. But everything is in order. First, make sure you have sufficient grounds for eviction. What reasons there may be are described above.

After this, you need to prepare all the necessary documents.

Among them are the following:

1. Photocopy of your passport.
2. Documents establishing your right to own housing.

These may include a contract for the purchase of housing from the previous owner, a certificate confirming receipt of the apartment by inheritance, or a deed of gift if the apartment was transferred to you free of charge from another owner.

3. A receipt to confirm payment for housing and communal services.
4. An extract indicating all residents registered in the apartment, even children.
5. Evidence that supports the grounds for discharge will be useful. Such evidence may be documents confirming the existence of another apartment, testimony of witnesses, copies of papers confirming that the tenant has committed administrative offenses, an order from the housing inspection.
6. State duty paid.

All documents and the completed statement of claim must be taken to the district court office . In most cases, if there are no reasons why the tenant cannot be evicted, the court makes a decision in favor of the apartment owner.

If the court rules in your favor, the person registered in your apartment no longer needs to do anything. Now you can forcefully evict him yourself.

After the court verdict is announced, you have the right to receive the court decision in your hands. Next, you will need to write an application to remove the tenant from the place of registration and, together with the court decision, take it to the passport office.

Three days after this, the tenant will be deregistered.

What to do if a person is forcibly evicted from his apartment, but he has no intention of leaving it?

In this case, you should contact the bailiffs. Since deregistration is a court decision, the bailiffs will defend him and carry out a forced eviction from the apartment.

Discharge of a person not living in the apartment

If the person registered in your apartment does not actually live there, you can discharge him without going to court.

True, without his personal consent this can be done only in certain cases:

1. If a registered citizen was drafted into the army. In this case, in order to be discharged, you will need to present documents from the military registration and enlistment office.
2. The citizen is sentenced to serve his sentence in prison. Again, a verdict will be required.
3. A person is registered in the apartment who has already died or is listed as missing. And again you need to present documents confirming this. Such as a death certificate or recognition of a citizen as missing.

In other cases, you will have to go to court again. Here you will also need an act from the local police officer, which will confirm that the person does not live at the place of registration.

Who cannot be discharged

There are several categories of citizens who, in principle, cannot be discharged from their apartment without their consent.

These include the following:

1. Owners of the apartment. If the home belongs to several persons at once, it is impossible to deregister one of the owners, even if he is absent for quite a long time.
2. Minor children. If there is no suitable housing where a minor citizen could move after discharge, deregistration is illegal.
3. If citizens were registered in the apartment before it was privatized , and during privatization they renounced the right to own the home, they also cannot be discharged.
4. If a person does not have another home and does not have sufficient funds to purchase it, he may be given a grace period of one year before being evicted.

You can find out about the discharge of an adult son and other relatives of the owner in our article.

If you are the owner of a home, then removing registered residents from it is your right, and the court will be on your side unless circumstances limiting your rights are revealed. The law protects private property, so the person who owns the apartment always has more rights to it than other registered persons.

Is it possible and how to expel a person from an apartment without his consent: does the owner have the right to do this?

Registration, also known as registration, is not a right, but a duty of a citizen. The same goes for an extract from your place of residence. Cancellation of registration can be either voluntary or forced .

Sometimes people cannot live together and have to leave. It’s good if the person checks out and moves out on his own. And if not? Then he has to be discharged forcibly, without consent. Is it possible to do this?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

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Find out how to expel a person from a privatized apartment without his consent, and how the owner can expel a registered person from an apartment without his consent, from our articles.

Is it possible to?

The law granted the right to register, discharge citizens to the owner of the property at his own discretion .

In other words, the property owner can cancel the registration of a person living in his home. But the employer does not.

The owner of the apartment can only register without the consent of the person who registered after privatization . If he lived before acquiring it as a property, then deregistration occurs only through the court.

How to deregister a person without his consent? In the case of a tenant, the issue of discharging an unwanted tenant without his permission is resolved in court . And not otherwise. The actions of him, the employer, are as follows:

1. First, contact the owner, i.e., the municipality.
2. Only after the owner has taken the actions prescribed to him by law in relation to a person who does not want to lose his registration stamp should he go to court.

The owner cannot be evicted from his home. You can cancel its registration after transferring the right to property to another person.

https://www.youtube.com/watch?v=y_3NYKgsueM

It is very difficult, almost impossible, to deprive minors of their registration. To discharge a child, you must obtain permission from the guardianship authorities . They may refuse if his financial situation worsens as a result. A child who owns a share in the home or it in full cannot be removed from the register.

Read on our website about how to cancel registration while in another city, whether it can be done through the MFC, State Services or by proxy, what documents are required to deregister at your place of residence, as well as how to deregister at the same time as registering in another place .

Legislation

The procedure for registration and its cancellation is regulated by:

• Federal Law No. 5242-1 “On the right... of movement...” dated June 25, 1993;
• “Registration Rules...” (see latest edition of 2015);
• LCD. First of all, article No. 31. It talks about how to cancel registration without the consent of the resident;
• Civil Code, Article 292. On eviction from housing;
• Code of Civil Procedure, Article No. 154, which determines appeals to the courts and how the claim is considered;
• Residential complex, st. 83 (grounds for cancellation of registration).

Let's try to figure out whether the owner of the apartment has the right to discharge a tenant without his consent.

Reasons

The conditions, as well as the grounds for the forced removal of a citizen from occupied housing, depend on the form of ownership . The most common cases in judicial practice applicable to municipal property include:

1. The debt on utility bills was six months or more (read about extracting from an apartment with debts).
2. The person has not lived at this address for a long time. He has another home where he lives.
3. He uses the living space in which he is registered for other purposes not related to residence.
4. The citizen's home suffered significant damage.
5. He grossly violates both the rights and peace of those around him who live with him.
6. They do not comply with sanitary standards and hygiene rules.
7. He has hostile relations with the rest of the residents; living together is impossible.
8. The lease, rental or sublease agreement, or social lease has expired.
9. The housing is recognized as dilapidated, unsafe, and is being prepared for demolition.
10. Illegal registration. Violations of established rules were detected.

If the apartment is owned , then the following are added to the above:

1. Family relationships have ceased, a divorce has been officially filed (read about the discharge of an ex-wife or ex-husband).
2. There is no common housekeeping. Residents pay separately for the costs of maintaining the home or do not participate in them.

Also find out on our website whether it is possible to discharge a convicted person or a disabled person, whether it is necessary to discharge a deceased person, and in what time frame it is necessary to discharge tenants before selling an apartment.

We will provide the procedure for checking out of an apartment without consent in the form of brief instructions. Some kind of guide to action. Let's start with general questions.

Registration and cancellation are handled by the FMS . Therefore, you need to contact the branch of this organization on whose territory the housing is located.

This, first of all, concerns the owner, but only if he has grounds to discharge the person himself, without court intervention .

How to deprive a non-owner of registration without consent without a trial? We already talked above about when he can cancel the registration of a tenant himself. The features of the extract are discussed below.

• We will only talk about those documents that need to be submitted to the court , since the law does not provide for other methods of eviction from housing without consent.
• Although the legislator has allowed the owner to independently resolve issues of registration/extract, in practice they are resolved, in most cases, in court.
• To carry out forced cancellation of registration, we will need a package of documents, which includes:

• statement of claim. Please note that the court does not deal with discharge. He can only stop using the housing;
• documents for housing. Lease agreements, certificate of ownership;
• utility bill receipts;
• witness or other evidence of a citizen’s antisocial behavior;
• certificates confirming the availability of other housing;
• certificate of those registered in the specified dwelling;
• receipt of payment of state duty.

Please note two important points:

1. It is impossible to discharge a person from an apartment without the consent of a person anywhere. If he has no other housing, then the owner is obliged, in this case, to provide the evicted person with equivalent housing.
2. Utility debts must be paid before check-out. Otherwise, it will have to be paid to the property owner.

Such issues are considered by the magistrate court. Appeals against the claim are filed with higher judicial authorities.

The claim is accepted for consideration within 5 days . A decision on it is made within one to two months. The established fee will be 200 rubles.

But we must take into account that it is charged in this amount if the claim is brought against one defendant. If there are several of them, then the duty is paid for each separately.

The full cost of all costs cannot be deduced, since it will also include the cost of making copies of documents and notary services. And their prices vary depending on the region of the country.

After cancellation of registration, the discharged person is given a departure slip .

Nuances and features

But only those citizens who were registered after the transfer of ownership of housing .

These people can only be deregistered through a court in accordance with the established procedure.

Only the owner of the home can cancel a person’s registration. In the case of a non-privatized apartment, the municipality or its representative, in this case the tenant, but only through the court.

The owner of the property can only be evicted if he has lost his title . Transferred, sold, donated and the like.

A child can only be evicted in this case. If after the move his material and living conditions do not worsen. His discharge requires permission from the guardianship authorities. If the child is the owner of the home or part of it, then he cannot be evicted.

How can the property owner sign a pensioner out of an apartment without his consent? If a pensioner is recognized as a family member, then he can be removed from the register only through the court and provided with equivalent housing . If he doesn't have it.

If it is an outsider, and also registered after privatization, then it can be removed from the register by the owner. In this case, it is not necessary to provide him with another living space.

The couple divorced, the apartment was purchased by one of them before marriage . In this case, the second spouse can be deprived of registration without problems on the basis of the Housing Code, Article 31.

As you can see, even from our far from complete review, deregistration without consent is not a simple process. It has legal subtleties and complexities .

Therefore, God forbid, if you have to deal with this matter, it is better to contact an experienced lawyer, lawyer and study judicial practice. This way you will be able to carry out the discharge without hassle, in the shortest possible time and without difficulties.

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Instructions for owners on how to forcibly eject a person from an apartment

Hello. I am a visiting lawyer from the Bessonov and Partners law firm. I specialize in discharging citizens in court.

Therefore, if a person refuses to be discharged or ignores such a requirement, then the owners need to draw up a statement of claim, file it with the district court at the location of the apartment, win the case and take a positive court decision to the passport office or MFC.

For convenience, I wrote separate articles depending on who needs to be written out:

If you haven't found a suitable option, then continue reading. Here, too, everything is written in detail on how to discharge almost any person.

1. Clause 1 Art. 209 of the Civil Code of the Russian Federation - The person who needs to be discharged must NOT be one of the owners of the apartment. After all, according to this article, owners have the right to use/live in their apartment, and therefore to be registered.

   An important digression: If the apartment went to the owners during privatization and the person refused to participate in it, then the conditions for his discharge through the court are very different. Just like the instructions themselves. If this is your case, then I have written separate instructions on how to discharge a person who refused to participate in privatization.↓

2. Clause 1 Art. 31 of the Housing Code of the Russian Federation - anyone registered in the apartment (but not the owner) is a member of the owners’ family. And it doesn’t matter who he is - a relative or not. Kinship in this case does not matter; there is no need to confuse the concepts of a family member under the Housing and Family Code.↓
3. Clause 4 art. 31 LCD - a former family member does not retain the right to use (reside) in the owner’s apartment, unless there was another agreement. Therefore, in order to discharge a person from an apartment, the owners need to recognize him as a former family member.

   How to recognize a person as a former family member depends on who the owner is:

   • An adult son or daughter. They will be recognized as former family members if: 1) they do not maintain a common household with the owners; 2) maintain a separate budget; 3) do not provide each other with assistance and support (clause 13 of the Resolution of the Plenum of the Supreme Court of July 2, 2009 No. 14). If children do not live in the apartment, this will be an additional advantage, although this condition is not necessary. I wrote a separate article on the discharge of my adult (adult) children.
   • The rest are relatives or non-relatives. These include grandparents, grandchildren, nephews, brothers, sisters, common-law husband, common-law wife, friend, acquaintance, etc. The owners need to recognize them not as former family members, but simply NOT as family members. Those. the owners registered them NOT as family members - clause 11 of the Resolution of the Plenum of the Supreme Court of July 2, 2009 No. 14.

   There are exceptions. The following are those who do not need to be recognized as former family members:

   ↓

4. Art. 304 of the Civil Code of the Russian Federation - the owner may demand the elimination of any violations of his rights, even if these violations were not associated with deprivation of possession.

If a person does not live, this plays into the hands of the owners. In this case, the court will be on their side.

If a person still lives, then what is important is whether he has another living space. If a person registered in court proves that he has nowhere else to live (register), then the judge may decide to leave him a registration for a certain period, i.e.

will retain the right to use the apartment (clause 4 of article 31 of the Housing Code of the Russian Federation and clause 15 of the Resolution of the Plenum of the Supreme Court of July 2, 2009 No. 14). In practice, the period is from 3 months to 1 year. If he has another living space, this must be proven.

The instructions below tell you how to do this.

Parties in court: The plaintiff is the owners of the apartment or one of them. There may also be a representative for the plaintiffs. This is a lawyer who, by proxy from the owners, represents and defends their interests in court; The defendant is not the owner who is being evicted.

when it is necessary not only to discharge him, but also to evict him.

1. Make a statement of claim.

   →Lawyers will draw up a statement of claim to the court for the person’s discharge. Leave the application and the lawyers will, without errors, draw up a correct statement of claim to the court for the person’s discharge. No going to the office. Plus free legal advice.Pravoved.RU

   The name of the claim depends on the situation. If the defendant no longer lives in the apartment - a statement of claim for recognition of the termination of the right to use the residential premises.

   If he lives - about recognition of the termination of the right to use the residential premises and eviction.

   If he did not move into the apartment and did not live in it for a single day - to recognize the defendant as not having acquired the right to use the residential premises.

   There is NO NEED to draw up a statement of claim yourself or look for samples on the Internet. Almost every situation regarding discharge through the court is individual, and the samples on the Internet do not contain the items that need to be indicated specifically in your situation. Even due to a small inaccuracy in the application, it may be rejected.

   For residents of Moscow and the region, I advise you to contact the Bessonov and Partners law office to draw up a statement of claim. The bureau's specialists will listen carefully, get acquainted with the situation and correctly draw up a statement of claim, which will definitely be accepted in court. Cost about 7 thousand rubles.

   , they will tell you the full cost after they get acquainted with your situation. For visitors to our website we offer a discount of 5% to 10% on all services. Just say that you came from the website “Prozhim.com”.

   For all questions and for a free consultation, call 8 (495) 642-31-96 (only for residents of Moscow and the region / daily from 9:00 to 21:00).

   You can also order the all-inclusive check-out service at the bureau. It will undertake all possible work on discharging a person. More details about the service above.

   If you decide to draw up a statement of claim yourself, then one of the owners can appear in the statement as a plaintiff, but not all of them are required. Whoever is indicated in the application as the plaintiff must participate in the trial.

   If there are several plaintiffs, then there is no need to draw up a statement of claim from each, one from all will do. Or you can draw up a statement where the plaintiff can be one of the owners, the other owners act as third parties (if they want, of course).

   In this case, they, as third parties, can express their opinion regarding the claim.

   IMPORTANT: In the application for the defendant’s residential address, indicate the address of the apartment from which you want to discharge him. This is necessary for the court to send him a subpoena (Article 113 of the Code of Civil Procedure of the Russian Federation). According to the logic of the court, the defendant’s residential address is his registration address (clause 63 of the Resolution of the Plenum of the Supreme Court of June 23, 2015 N25).

   If he does not live at his registration address and does not receive the notice, the court will still consider the notice to have been delivered. Receiving notifications is a citizen's responsibility. The court, according to the law, took all notification measures, and if the defendant does not appear at the court hearing, the judge will consider the case without his participation (in absentia under paragraph 4 of Article 167 of the Code of Civil Procedure of the Russian Federation).

   In this case, he will not be able to defend himself in court, and this plays into the hands of the owners.

   But you need to make several copies of the application. One copy must be in the hands of each plaintiff, one copy for the judge and several copies in court. The number of copies in court depends on the number of parties. For example, plaintiffs - 2, defendant - 1, third party - 2, judge - 1. This means there are 2 copies (in the hands of the plaintiffs) + 2 (for the plaintiffs in court) + 1 (for the defendant in court) + 2 (for third parties in court) + 1 (to the judge) = 8.

2. Submit a statement of claim and other documents to the court.

   We remind you once again that only one of the owners can submit an application to the court and participate in it; all of them do not have to. Whoever appears in the statement of claim as a plaintiff is the one who files. Or a lawsuit can be filed by a lawyer under a power of attorney.

   You need to go to court at the location of the apartment (Article 24 and Article 28 of the Code of Civil Procedure of the Russian Federation). Usually in large cities these are district courts, in small towns and villages - city courts.

   First, you need to get a receipt for payment of the state duty from the court office. The amount of the state duty is 300 rubles. (Clause 3, Clause 1, Article 333.19 of the Tax Code of the Russian Federation). You can pay it at the courthouse itself. Then, after payment, you submit the following documents (originals and copies) to the court reception (expedition):

   • Statement of claim. How many copies of the application are needed is written above.
   • Passport(s) of the plaintiff(s). If instead of the plaintiffs the documents are submitted by an authorized person (for example, a lawyer), then his passport and a notarized power of attorney are also needed. If one of the plaintiffs is a minor, then his birth certificate and the passport of one of the parents/representatives.
   • A document that confirms ownership of the apartment. This may be a certificate of ownership or an extract from the Unified State Register of Real Estate. If the certificate is not on hand (they have not been issued since 2016), then a paper extract from the Unified State Register is needed. Read how to order it here. If you have a certificate, I advise you to bring it and an extract from the Unified State Register of Real Estate.
   • Foundation agreement. This is the agreement on the basis of which the apartment was purchased. This could be a purchase and sale agreement, gift, privatization, or a certificate of inheritance, etc.
   • Extract from the house register. This extract contains the full names of registered (registered) citizens in the apartment, including the defendant. For instructions on how to obtain it, follow this link.
   • A check with a receipt for payment of state duty.
   • Certificate of divorce. It must be submitted if you need to discharge your ex-spouse.

This is a general list of documents. Additional ones may be required, it all depends on the specific situation.

3. The judge will consider the application and set a date for the preliminary hearing..

   Within 5 working days from the date of filing the documents, the judge will consider the statement of claim and decide what to do with it next - accept, reject or leave without progress.

   If the judge accepts the statement of claim, a date will be set for a preliminary hearing. The maximum period is within a month from the date of acceptance of the application (clause 1 of Article 154 of the Code of Civil Procedure of the Russian Federation). The court will send notices of the time and place of the preliminary hearing to plaintiffs, defendants and third parties by registered mail.

   If you have any questions, you can consult a lawyer for free. Ask your question in the online consultant window at the bottom right of the screen, in the comments or by phone (24 hours a day, 7 days a week): 8 (495) 642-31-96 - Moscow and region; 8 (812) 425-64-92 — St. Petersburg and region; 8 (800) 350-29-86 - all regions of the Russian Federation.

4. Conducting a preliminary meeting.

   The preliminary hearing is preparation for the trial. In it, the judge listens to the parties' demands and reviews the submitted documents. If there are not enough documents, the judge will indicate which ones need to be submitted.

   What should plaintiffs do? The plaintiffs need to ask the court to request information from Rosreestr, namely an extract from the Unified State Register of Real Estate about the rights of an individual to the real estate he or she owns. The extract must be requested for the defendant. In the next paragraph we will explain why it is needed.

   If the plaintiffs invite witnesses from their side to the court, then they need to petition for them, i.e. provide a written statement or indicate them in the statement of claim.

   If the defendant lives in the apartment and there is a demand to evict him, a prosecutor will be appointed to the court hearing.

   After this, a court date will be set. The defendant is again sent subpoenas, but this time for a court hearing.

5. Conducting a court hearing.

   At the beginning of the court hearing, the judge will announce the requirements for the claim. Then he will listen to each of the parties or the lawyer, their additions, testimony of witnesses and other third parties, and ask questions for clarification.

   What should plaintiffs do? The plaintiffs must be informed at the court hearing that their rights to use the apartment are violated by the defendant’s registration. What articles to rely on I wrote above. Each statement must be proven so that the judge can take it into account.

   If the defendant does not live in the apartment, then this must be proven. To do this, you need to invite witnesses (neighbors, relatives) who will confirm this.

   If the defendant lives in an apartment, then the prosecutor will participate in the trial. In this case, it is necessary to prove that the defendant, in addition to the apartment, still has somewhere to live.

   To find out whether he or she owns real estate, you just need an extract from the Unified State Register of Real Estate about the rights of an individual to the real estate he or she owns.

   This statement shows what kind of real estate a particular person owns. If the defendant has another living space, the judge will take this into account.

   The defendant can also defend his interests and has the right to hire a lawyer to do so.

   There may be several court hearings, depending on many factors.

6. Court decision announced.

   After the judge considers all the demands and arguments of the parties, he will make and announce his decision. If the defendant was present at court hearings, then the court decision comes into force within a month after announcement. This is called a face-to-face decision.

   If he was not present at any court hearing, then the decision can be either in person or in absentia (comes into force in a month and 7 days), this will be for the judge’s consideration.

   Decisions come into force under these deadlines only when the defendant has not filed an appeal.

7. Pick up a copy of the court decision from the court office . You can find out about its readiness by calling the court office.
8. Take a copy of the court decision to the Department of the Ministry of Internal Affairs.

   If the court made a decision in favor of the owners to discharge the defendant and it came into force, you need to take a copy of the court decision to the regional department for migration issues of the Ministry of Internal Affairs (formerly the Federal Migration Service). According to the law, upon presentation of a copy of the court decision, the defendant must be discharged (deregistered) within 3 working days.

9. Eviction of the defendant.

   There are much more problems if the defendant lives in an apartment.

   I wrote above that if the defendant proves to the judge that he has nowhere else to live, then the court may reserve his registration for a certain period (from 3 months to a year).

   Even when a court decision is made to evict the defendant without a period of residence, he can file a petition to defer the execution of this decision to the same court. And the judge can give him this reprieve.

Discharge a person without his consent - in 2023, can they be forcibly evicted from their home?

Many families are interested in the question of how owners can remove a person from a certain living space, especially if, although he is registered, he does not live there, which means that payments for utility services increase. In addition, it will be much more difficult to carry out any manipulations with this apartment, such as sale, exchange, and so on, since this tenant will be another burden.

The following situation may arise: a citizen does not want to voluntarily leave the living space he occupies and thereby creates certain difficulties for the other residents. There are many reasons for this. Only the court can solve such a problem.

What the court's decision will be is influenced by documents and testimony of residents. In addition to the case materials, you can also support the testimony of witnesses, who are most often neighbors and other residents, as well as law enforcement officers who have an idea of ​​the circumstances of the case.

In what cases is this possible?

The removal of a person from any residential premises can be carried out without the consent of this citizen, however, this operation can only be carried out through a court, which will take into account all the circumstances that have arisen. The relationship between people who live together, their age, in certain cases, marital status, as well as some other information also play an important role.

In any case, the complaint must be supported by some documents, for example, that the person does not live in the given territory or, on the contrary, lives but does not have any rights to do so, so he must be evicted or discharged.

There are certain common cases when the owner purchases a tenant’s eviction from the living space without his consent:

• A citizen lives in this territory only formally, that is, according to documents he is registered in an apartment, but in fact he already has another permanent home where he can also register. To confirm that you are right, you can ask your neighbors to come to court and testify there. They are the ones who can confirm that this person does not live near them, and no one has seen him there for a long time.
• For the dissolution of a marriage, family legislation has prepared its own specific subtleties. The apartment of the ex-husband or wife, which was purchased before the marriage, remains with this person, and after a divorce, he or she can expel the spouse through the court if he or she does not want to voluntarily evict from the living space.
• After a divorce, the ex-husband or ex-wife, as well as relatives, no longer have any rights to real estate.
• When a person is registered after the privatization of housing, the owner can evict him without problems. Difficulty usually arises when a case involves minors. In such a situation, it is necessary to prove that the child has other types of housing with an equal or larger area.
• You can discharge one of the parents if one of them was deprived of parental rights, and the court, in turn, prohibited them from living in the same territory.
• It is very simple to discharge a tenant from non-privatized housing. To do this, you need to provide documents that confirm the citizen’s obscene and immoral behavior towards other residents and neighbors, violation of public order and use of housing for prohibited purposes, which causes or may cause harm to other people. In this case, the court will consider the case and make an appropriate decision.

For non-payment of services or obscene behavior

Immoral behavior, as well as refusal to pay utility bills, may result in the court having sufficient grounds to forcibly remove a person from his/her living space. There are certain nuances here that are characteristic of each situation, but which you should definitely be aware of.

A person can be discharged under the following conditions:

• The citizen refuses to pay his share of utilities. It can only be issued when the amount of debt becomes commensurate with the cost of the apartment, since only then can the court confiscate it and oblige the former owner to leave the living space.
• The tenant of municipal housing has not paid rent for a long time. This situation is a good reason for the court to deprive him of the right to reside, as well as registration at this address. After the court's decision, the social tenancy agreement is terminated.
• Immoral behavior of a citizen who is not the owner of a privatized apartment. This behavior consists of drinking alcohol, listening to music loudly at late times, shouting, making scandals, that is, behaving antisocially, thereby disturbing other residents. This person is punished by deprivation of registration. Testimony and testimony against the rowdy in court by law enforcement officers, as well as neighbors and other residents, will be a decisive factor in sentencing. After a court decision, a forced discharge of a former violent partner may be issued.
• If a tenant deliberately damages property in a state apartment, then the court may force him to leave this housing. Moreover, if a citizen rents an apartment, then first the court must be allowed to re-register the social tenancy agreement to another person who can also live in this apartment, and then forcibly evict the unwanted cohabitant, again through the court.

If the situation when discharging a person for indecent behavior is difficult and practically impossible, namely:

• The tenant refuses to pay rent, and he is not the tenant. In this case, it is unlikely that he will be discharged, since there are no sufficient grounds. Since the social tenancy agreement is concluded with another person, all responsibility for non-payment of payments falls on his shoulders.
• If a tenant whose behavior prevents other people from leading a normal life has a share in the living space, then it is much more difficult to deregister him. The maximum that can be done is to present him with a fine or a warning, but it is almost impossible to deprive him of his registration.
• If the owner deliberately regularly damages common property, then it will not be possible to punish him by law, since the owner’s personal property is at his personal disposal, which means that he can do whatever he wants with it. So, neighbors below can go to court with a complaint about their regular flooding. But even in this case, they are unlikely to be able to get the upstairs neighbor discharged. The most that the court can do for them is to oblige the tenant to pay compensation and pay damages.

When living space is not used for its intended purpose, but acts, for example, as a means of earning money, where a production workshop or studio is organized, then the person renting social housing is deprived of both registration and premises. The owner of privatized housing will be punished with appropriate administrative penalties, for example, a warning or a fine. It will not be possible to register the owner.

How to forcibly expel a person from an apartment without his consent

The discharge of a registered tenant is carried out only through the court. At the same time, each specific situation has its own special reasons for appeal. Sometimes testimony from law enforcement agencies may be required, which means pre-trial activities.

For example, a written notice to the offender may also be required, warning him of the action that will be taken if he continues to misuse or treat the property in bad faith. The warning comes in the form of a registered letter with notification.

Next, the tenant receives a warning that he may be forcibly deregistered. If this tenant does not react or respond to notices in any way, and the conflict still exists, then such a written request will serve as sufficient reason to begin legal proceedings.

When filing an application and opening a case, evidence plays an important role, which can be in the form of written or oral testimony of witnesses, protocols on administrative penalties, as well as in the form of photos or videos.

Filing a claim in court

When the need arises for the forced deportation of former relatives or family members who have been living in another territory for a long time, it is important to know the procedure:

1. The first step is to file a claim in the local court. This document reflects the purpose of going to court, that is, the desire to evict a person from an apartment or deregister a person, and the corresponding reasons for this. Not every person can competently draw up a statement, especially if such issues have not been considered before. The best option would be to seek help from a professional lawyer who will correctly select the necessary wording. He analyzes the situation and then outlines the main strategy.
2. For legal proceedings, certain documents must be available, namely property certificates, divorce certificates, outstanding utility bills and others. Substantial evidence is required that the citizen does not maintain or pay bills for the property, does not live in it for a long time, and also does not have any rights to housing.
3. When both parties come to the meeting, the judge, having examined all the issues, can make a decision. The tenant may be discharged, but at the same time the court may retain the right to reside in this territory. It also happens that the tenant does not appear in the courtroom at all, and then the case is postponed and delayed for a long time, and all this time he will have the right to live in the conflict territory. It may also be that a positive decision from the judge will still not solve the problem.
4. If an unwanted tenant does not have another home and cannot, for certain reasons, purchase it, then such a person cannot be discharged under any circumstances. The owner may provide the defendant with other housing for temporary use, and then the tenant must accept such a condition. However, in real life this happens extremely rarely, which leads to a protracted war for territory, since once close people have to live in the same territory for many years.
5. If a person does not own another living space, the court may grant him a deferment. Within a certain time, the defendant must try to find new housing for himself, however, this does not always solve the issue, and the apartment remains a disputed territory for a long period of time.

Download a sample statement of claim for discharge from an apartment

From a council apartment

It is important to note the fact that the owner of a municipal apartment is the government or the state. And only representatives of the authorities can apply to the court to deprive a tenant of registration and remove him from the register.

Eviction and discharge of a citizen who rents a municipal apartment is possible only in certain cases, namely:

• the tenant has not paid utility bills for a long time and has accumulated a large debt;
• the rules for the technical operation of residential space are violated;
• the tenant uses the housing for something other than its intended purpose, for example, sets up some workshops or workshops there;
• The tenant constantly violates the rights of his neighbors.

If there are sufficient grounds to deprive a tenant of registration and evict him, then it is necessary to file a claim in court and wait for a positive decision from the court.

From a privatized apartment

A citizen can be forcibly expelled from privatized housing, that is, without consent, only if he was not registered in the apartment during privatization and he is not the owner of shares.

There will also be no problems when discharging a former spouse from housing that was privatized before marriage. Upon dissolution of the marriage relationship, the spouse who was not included in the privatization agreement immediately loses registration rights and, accordingly, can no longer live in this apartment.

In order to forcefully remove a tenant from the living space, you must submit an application to any registration authority. Among the documents you need to have with you is a passport, rights to real estate ownership and the application itself in writing.

What does temporary registration provide? The answer is here.

Read on to find out how much the state fee for registration in an apartment costs.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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