How to expel a roommate from an apartment

“Civil marriage,” as many prefer to call cohabitation, has no legislative support. But, nevertheless, such unions can last for years and people even register in the territory. But when the relationship is dissolved, difficulties may already arise - the former cohabitant simply does not want to not only deregister, but also leave his place of residence. What to do in such a situation? After all, you can’t just kick him out, since he is registered at the address and has the legal right to live there. It is this question that we will consider further in detail: how to discharge a roommate from an apartment?

Legal side of the issue

Lawyer's comment: the owner of the property, in fact, can forcibly discharge any person, only if it is not a co-owner or a minor, incapacitated person. A cohabitant does not have the status of a husband in the legal sense, and therefore is not a relative. So, apart from registration, he no longer has any rights to live in the apartment.

However, even the owner cannot simply cancel the registration - there must be good reasons for this. These are:

• long-term residence at a different address: if a cohabitant does not live at his registration for more than six months, his registration can be forcibly canceled;
• non-payment of utilities is the same story as with registration: if there are no payments for more than six months, you can be forced to write out;
• amoral behavior. For example, a former roommate likes to gather groups of friends and have intelligent, noisy conversations with them while drinking alcohol and until late at night. This behavior bothers everyone - both apartment residents and neighbors, so you need to call the police, record the fact of violation of the rules and subsequently use this as evidence in your favor.

There is one significant drawback to all this - it will not be possible to resolve the issue of forced discharge without a trial.

Where can I apply for an extract?

Forced deregistration is carried out only by court decision. That is, the order is:

• collect evidence;
• send your cohabitant a pre-trial claim with a request to be discharged voluntarily;
• wait for his response, but no more than 1 month;
• collect documents and go to court;
• obtain a court decision;
• together with the decision to contact the institution and issue an extract;
• pick up a document confirming deregistration and present it to the person;
• if after this the former cohabitant does not want to move out of the apartment, call the police and forcefully evict.

You can apply for forced discharge by court decision to the following institutions:

• MFC - a territorial office is suitable, which relates to the house where the “occupier” lives;
• passport office or FMS office.

You can submit an application for deregistration through State Services. But you will still have to appear in person at the MFC or FMS.

Municipal and privatized housing: check-out procedure

Housing can be municipal (state-owned) and privatized (private property). In the first case, the procedure for applying for cancellation of registration is as follows:

• collect evidence;
• write an application and submit it along with documents to the administration;
• the administration considers the appeal and, if the circumstances are considered significant, goes to court;
• the court makes a decision, and the administration cancels the registration based on it.

In this case, the tenant of the apartment, the main tenant, only needs a statement and confirmation of his requirements. The administration does the rest, but such requests take a long time to be considered - up to six months, including the court. There is no need to pay for anything.

Extracts from a privatized apartment follow a similar procedure, but with some adjustments:

• the owner collects evidence;
• together with the facts, documents for the apartment and the claim, applies to the district court at the location of the apartment;
• pays the court fee - about 300 rubles;
• appears at a court hearing;
• receives a decision;
• together with the court decision, he applies to the MFC or the Federal Migration Service and issues an extract.

The court will need the following documents:

• pre-trial claim to the former partner, response to it (if any);
• documents that support the claims: for example, lack of payment for housing and communal services, copies of reports on calling the police, confirmation from the housing and communal services that the specified person does not live at the address, witness statements;
• title documents for the apartment;
• a copy of the plaintiff’s passport, and if there is a defendant;
• statement of claim;
• receipt of payment of state duty.

Sample claim in accordance with the requirements of Article 131 of the Civil Code of the Russian Federation:

Deadlines

In any case, forced discharge will take more than one month, because:

• first, a written complaint is sent to the cohabitant - you need to wait a month for a response, 30 days is the deadline;
• then submitting documents to the court, consideration of the claim - about 2 months;
• entry into force of a court decision – 1 month;
• The discharge procedure itself takes up to 1 month.

Therefore, the whole process takes about six months.

What to do if the tenant does not move out even by court order?

Since the cohabitant is not in fact a relative, registration is the only legal basis for staying in the apartment.

Since the court will cancel it, he no longer has a legal right to be in someone else’s apartment.

And if there is a stranger in the room, then you just need to call the police - law enforcement officials will help the former roommate leave the house.

How to expel a roommate from an apartment without consent?

The cohabitation of two adult citizens of the Russian Federation of different sexes is often called a “civil marriage,” but this is not entirely the correct formulation. From a legal point of view, “civil marriage” is the registration of a new unit of society in the registry office without religious rites in a church of any denomination. Cohabitation of partners in the same territory does not entail property consequences, and discharging a cohabitant from an apartment is not an easy task.

Important: It is possible to expel someone other than the owner registered in it from an apartment only on the basis of a court order. Here, the former partner is not much different from a relative of the owner of the property or any other person who persuaded the rightful owner of the property to register it.

There are many reasons why the owner or tenant of a home (usually a woman) registers a roommate. Here are some of them:

1. Confidence that even without registering a new civil status you can create a strong family. (The absence of registration does not cancel the parental relationship).
2. Persuasion of a roommate. Usually, non-residents refer to the fact that without local registration they will not be able to get a job (enroll in a university), go to a clinic, etc.
3. An attempt to prove the seriousness of intentions. The hope is that the civil marriage will turn into a legal one.

The difficulty with deregistering a cohabitant is that the norms and regulations of the Family Code do not apply to your couple, only the Civil and Housing Code.

In case of divorce, the basis for the extract is a divorce certificate and evidence that the apartment is not jointly owned.

To expel a friend from an apartment, you need to state in your application the circumstances that forced you to do so. For example:

• Your relationship has gone wrong, civil marriage has lost its meaning, the need to live together has disappeared.
• Your ex-partner has not lived with you for a long time, has alternative housing, but refuses to be discharged, citing all sorts of arguments.
• Living with the plaintiff in the same territory “as a neighbor,” the defendant does not pay his share of utility bills for six months or more.
• Antisocial lifestyle, alcoholism and drug addiction, violence, intentional damage to the plaintiff’s property, etc.

The court checks the plaintiff's arguments for legality, and then makes an affirmative decision or refusal.

Lawyers recommend that non-owners of the apartment deregister voluntarily: this will save time, effort and material resources. Once close people should “sit down at the negotiating table” and try to avoid a lawsuit. If conversations do not give the desired result, you should proceed according to this algorithm:

1. Send your former partner a formal notice that you have a firm intention to summon him to court as a defendant. The registered person must be notified of the legal consequences of his refusal: a court decision in absentia will not be in his favor.
2. Write a statement of claim according to the template and norms of civil law.
3. Participate in all hearings , main and preliminary, alone or with a lawyer. The appearance of the plaintiff is mandatory, and a decision favorable to you may be made in relation to the absent defendant.
4. Receive a court order.
5. Discharge the ex from the apartment at the regional department of the Department of Internal Affairs of the Ministry of Internal Affairs (expel him along with the bailiffs on the basis of a writ of execution).

In any case, you must demand that your roommate leave and vacate your living space: this is the only way to prove to the court that you tried to resolve the issue peacefully. To do this you need:

• Draw up a notice in two copies. Describe your requirements and the reasons for their appearance.
• Give the notice to your former partner with a request to sign the second copy.
• Obtain testimony in case the cohabitant refuses to accept the notice and sign. There is also the option of sending by registered mail - in this case the recipient is required to sign.

Extract from a municipal apartment and deregistration from privatized housing will be different - these are different forms of ownership.

Municipal housing does not completely belong even to the owner, since according to the law its owner is the state (administration of the locality). In fact, both the person registering and the registered person have equal rights to housing.

And the plaintiff’s arguments as a tenant must be compelling: departure for permanent residence in another country or long-term residence at another address.

If the person registered is a disabled person of group I or II, he can be discharged only if he is provided with an alternative place of residence.

The procedure for eviction in this case is approximately as follows:

1. Preparation of the evidence base. Arguments can only be offenses on the part of the cohabitant, written complaints from the employer and neighbors, copies of police reports, and other evidence of antisocial behavior as prescribed.
2. Appeal to the administration with a request to stop the aggressive behavior of the former roommate by discharging him and evict him. (To eliminate the consequences of your behavior in this case means to move out).
3. The plaintiff in this situation should be the administration, and not the one who registered it: the court will most likely refuse the tenant.
4. The district court issues a decision in the form of a writ of execution.
5. The discharge takes place at the Department of Internal Affairs, and the expulsion through the bailiffs.

Important: Please note! If your ex-partner leads a socially acceptable lifestyle and does not show aggression, evicting him from a state apartment will become more difficult. Only a lawyer with many years of experience will help you. It would also be useful to get interested in the eviction of the registered legal owner of the property - your district administration. It is better not to resort to blackmail, manipulation, intimidation and pressure.

Privatized housing is the property of the person to whom it is registered (shared ownership is provided). In such cases, the court takes the side of the one who peed: the fact that the owner no longer wants to be with his partner is sometimes enough.

The claims of the owner of privatized housing and the tenant of a municipal apartment have a number of differences due to the peculiarities of ownership. To discharge a person from a municipal apartment, the statement of claim must contain:

1. Name of the court.
2. Passport and personal information of the apartment tenant and his former partner.
3. Description of those violations of public order that the registered person committed.
4. Reference to legislation.
5. Requirements for the court.
6. List of attached documentation.
7. Date and signature.

Documentation:

• Copies of police reports on your partner's offenses.
• Copies of a court decision on deprivation of liberty or administrative arrest.
• A court ruling that the defendant was deprived of the right to raise a child in common with the plaintiff. In this case, the second parent is evicted, despite the fact that he does not have an alternative place of residence.
• Certificate stating that the registered person is missing.
• Recognition of a registered person as deceased in court.
• Documents establishing the right to an apartment.
• Receipt for payment of duty - 300 rubles.

An application for eviction from a privatized apartment includes:

• Name of the district court.
• Passport and personal information of the plaintiff and defendant.
• The name of the claim is “STATEMENT”.
• A statement of the circumstances that prompted the discharge of the roommate, including aggression, unwillingness to pay bills in half, damage to property in the apartment.
• References to legislation.
• Description of ownership - sole or shared.
• List of documentation.
• Date and signature.

Documents required for discharge without consent:

1. Claim.
2. Passport.
3. Certificate of ownership of the apartment with a Rosreestr stamp.
4. Title document. This could be a deed of gift, a will, a purchase and sale agreement.
5. Information about everyone who is registered in the apartment besides the roommate.
6. Receipt for payment of duty - 300 rubles.

The list may vary: some regions ask for a detailed extract from the house register, copies of the Unified State Register, etc.

Remember that there is no single template for an application for discharge, but it must be drawn up according to the letter of the law, without errors, blots or corrections. Otherwise, it may not be allowed to proceed in the court office or may be returned for revision. It makes more sense to draw up this document under the guidance of a professional lawyer: a specialist will describe the essence of the issue in a reasoned and without emotion manner.

If you decide to defend your interests on your own, without the support of a lawyer, you will have to pay 300 rubles in state duty. The amount will be slightly larger if, in addition to the extract, you oblige the defendant to:

• Compensate for material damage.
• Compensate for damage to health.
• Return the money you borrowed.

An eviction claim is a document that the court will consider in terms of evidence and arguments. The authority must carefully consider the grounds for the discharge of the common-law husband. The main ones:

1. The cohabitant has alternative housing, but prefers to live on the territory of the registered one without family relationships.
2. The person registered does not divide utility costs in half and delays payment for six months or more.
3. Termination of a love affair, unwillingness to live together.
4. Damage to property, communications, furnishings in the apartment.
5. Creating a conflict atmosphere in the house, quarrels with neighbors.
6. Aggressive behavior, antisocial lifestyle, problems with the law, arrests.
7. Deprivation of a parent's right to raise a child.

If we are talking about municipal housing, in which the registered and the registered have equal rights, you can enlist the support of your neighbors. Third parties have the right to initiate proceedings to evict their neighbor’s cohabitant. The rights, comfort and interests of residents may be violated by the fact that the apartment is not used for its intended purpose - as a warehouse, sauna, animal breeding club, brothel, etc.

If you and your common-law husband have a child together, you can deprive him of the right to raise him and discharge him precisely on this basis. You will remain his sole guardian and will have the right to:

• To prevent communication between parent and child in every possible way based on a court decision.
• Discharge a cohabitant even “to nowhere”: in such situations, the court does not require the provision of alternative housing.
• Continue to demand alimony. Your former partner's child support obligations will only be terminated if the child is adopted by the new spouse.

Remember that the Russian state severely persecutes for unwillingness to raise a child, provide for him financially, develop and raise him to be a full member of society.

In this case, eviction from the apartment is a last resort: you must prove to the court that your former partner created conditions in the apartment that are impossible for living with children, their development, and a happy childhood.

Article 98 of the Housing Code allows for the deprivation of any housing to an antisocial citizen and a bad father.

In this situation, the court usually takes the side of the child’s sole guardian (usually the mother), who discharges the second parent. A cohabitant is an unregistered partner who is not a spouse; the state does not recognize such a union as marriage despite living together and having common children. Registration does not make a cohabitant the owner of a home, especially a municipal apartment.

How to resolve the issue with a person who was not your legal spouse is up to you to choose, but legal assistance from a lawyer will not hurt. A specialist with higher education and knowledge of the Civil Procedure Code will help you develop tactics and defense in court, collect a strong evidence base, and he can also negotiate with your former cohabitant and his lawyer on your behalf. Contact us! Attention!

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How to discharge a former partner, ask a question to lawyers

A civil marriage is not legally registered and can break up at any moment. After this, many former common-law husbands are wondering how to discharge their former partner.

Did you hope to be in a relationship for a long time and trusted your partner so much that you checked her into your apartment? And now your couple has broken up, and she continues to live in your living space? It is necessary to seek legal advice.

Conditions and features

It is important to begin with to understand that deregistration from living space is carried out with the help of registration authorities in cases where:

• There has been a change in place of residence. This procedure is carried out upon presentation of a request for a desire to be deregistered at a given place of residence. If a person registered in a new apartment and was unable to submit this application, then within three days the registration authority sends a message about the discharge from the previous living space.
• A citizen has been called up for military service - it is registered at the request of the military commissariat.
• A person is arrested - formalized through a legal court decision.
• Missing person - formalized through a court order.
• Upon recognition as deceased - through a legal death certificate.
• There is an eviction from the living space or the loss of rights to use it is determined through a court decision.
• Inconsistencies in documents, forgeries that served as the basis for registration, or illegal actions of officials are discovered - by a court decision.

Does your cohabitant flatly refuse to leave the apartment in which you are the owner? It is necessary to go to court with a claim to recognize her as having lost the right to use your privatized apartment and to demand that she be discharged.

After filing a claim, it is necessary to substantiate your claims, indicating that in fact, family relations no longer exist, even taking into account joint residence in the territory of one apartment, that there is no family household, and living in the future is impossible. 

Facts and circumstances

The primary evidence should be that you are the owner who has the right to carry out any actions in relation to your apartment within the framework of the law that do not violate the personal space of others.

Afterwards, you will need to come to court together with your cohabitant to substantiate your claims. In the event that your cohabitant, who is not the owner of the living space, objects to your demands and asks to retain the rights to use the apartment, justifying this by the fact that she does not have any other housing and is not able to purchase it, the court begins to hear the case.

How to prepare

The judge will be interested in at what time the living space was acquired, during cohabitation or at another time, and what are the reasons for the defendant’s residence.

After reviewing all the documentation for the living space, the court determines that you are the sole owner, since the apartment was purchased before cohabitation or received under a will or gift agreement.

Then the court decides that the defendant has no rights to it and cannot live in it without the consent of the plaintiff.

After the court decision enters into force, the defendant is obliged to voluntarily be discharged or be forced to be discharged. If you have a non-privatized apartment, you need to consult a lawyer in detail about how to discharge your ex-common-law wife.

Sun explained when the owner of the apartment can discharge roommates

A very common everyday situation was recently dealt with by the Supreme Court of the Russian Federation. It was about a person being discharged from an apartment at the request of the homeowner. There are many similar lawsuits in our courts. And this is always a difficult situation for plaintiffs and defendants.

But such claims are not considered simple for judges considering cases of “discharge.” The explanations of the Judicial Collegium on Civil Cases of the Supreme Court are important not only for the judiciary. They will be very useful for citizens who find themselves in a similar situation.

The case considered by the Supreme Court cannot be called simple. The father, who is also the owner of the property, asked the court to discharge his own son, who left for another city more than ten years ago, from the apartment. The son did not pay for utilities and did not come to the apartment where he was registered.

Russia may restrict registration of relatives

Two courts—district and city—refused the owner of the apartment to deregister his son. The plaintiff did not agree with them. So the case ended up in the Supreme Court, which considered the opinion of its colleagues incorrect and overturned their decision. This is how the Judicial Collegium for Civil Cases examined this situation.

The plaintiff became the owner of the apartment in 2005. He received housing through privatization. In addition to him, his son was registered in the apartment, who left home in 1996.

The district court, when it refused to discharge the owner, said that his son’s absence from the apartment “is temporary,” because he had no other property registered in his property.

The city court, agreeing with this conclusion, added the following on its own behalf: at the time of privatization of the apartment, the son had an equal right to privatization with his father. Therefore, the son should retain the right to use the apartment. The link was to Article 19 of the law “On the implementation of the Housing Code of the Russian Federation” (December 29, 2004).

The Supreme Court, after re-reading these conclusions, recalled: according to the Housing Code, family members of the apartment owner include those living with him - spouse, children, parents. In the event of termination of family relations, the right to use the owner’s housing for former members of his family is not retained. There was even a special plenum of the Supreme Court on this issue (N14 of July 2, 2009).

On the same list are terminations of relationships and departure to another place of residence.

The Supreme Court emphasized: the Housing Code does not regulate the legal consequences of the absence of former family members of the owner due to leaving the apartment. But based on the analogy of the law, in the event of the ex-wife leaving the house, Article 83 of the Housing Code and the explanations of the special plenum of the Supreme Court must be applied.

Judging by these clarifications, the courts that will consider such “discharge” cases must first of all find out why the person left the apartment. Was the departure forced (conflict, divorce) or voluntary (work, study or treatment).

It is important to decide how the citizen left - he took out all his things, started a new family in another apartment, moved to another city.

Another very serious question is whether the person who left was prevented from living in the owner’s apartment by him or those who lived with the owner. And did the person who left pay for utilities?

Legal advice: Right to use an apartment

The Supreme Court emphasized: a citizen who voluntarily left home does not have any other housing - on social rent or his own. That is, the lack of other housing cannot serve as a basis for the assertion that a person who left voluntarily is absent temporarily.

And such a statement is consistent with the Housing Code, which says: “Citizens, at their own discretion and in their own interests, exercise their housing rights.”

The Supreme Court emphasized: in the event of leaving for another place of residence, the right to use the residential premises of a former member of the owner’s family can be terminated, regardless of the fact that the “former” at the time of privatization had equal rights with the owner. This follows from the Housing Code.

Help "RG"

In what cases can a person be discharged from an apartment?

If the owner of the apartment is the municipality, then you can lose it due to debts on housing and communal services, because of the ugly lifestyle that turns the life of neighbors into hell. But all this is real only by court decision.

It is also possible to lose the right to live in a privatized apartment. This is easiest to do if the citizen is not the owner of the property. The owner can write out a former family member.

Homeowners can lose their apartment for debts. The court has the right to seize the apartment. And offer the debtor himself or realtors to sell the home. When the apartment is sold, the bailiffs will pay off the debt, and the remaining amount, if any, will be returned to the owners.

How to expel a roommate from an apartment

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The lawyer, S.O. Koroleva, responded:

Hello Ksenia!
In the described situation, the only way to protect your child’s inheritance rights is to go to court with an application to establish the fact that the deceased has recognized paternity. If…

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Answered by lawyer - Trainee lawyer S.O. Koroleva. — Fedina O.:

Hello Karina!
It is not clear from your question: whether the paternity of the child has been established, and whether the child is registered in the name of your former common-law husband (cohabitant) on the birth certificate...

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Hello Kirill!

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04.07.2022 — 12:32

Hello! please tell me what to do in this situation: after eight years, during which the former partner did not take part in raising the child, he recognized paternity, now I want to apply for alimony, he began to threaten me that he would hound me with commissions and turn the child against me . where can I go?

The lawyer, S.O. Koroleva, responded:

Hello, Elena!
First of all, it should be noted that the threats of the former cohabitant are more of an emotional nature than they have a legal basis.

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How to expel a person from an apartment without his consent

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The lawyer, S.O. Koroleva, responded:

Hello Sasha!
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Based on Part 3 of Article 83 of the Housing...

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Do I have to pay utilities

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The lawyer, S.O. Koroleva, responded:

Hello, Alexander!
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Can apartment owners evict a tenant?

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Can the owners of an apartment discharge a tenant who was registered at the time of privatization and did not participate in it, and subsequently registered his child without notifying the owners?

The lawyer, S.O. Koroleva, responded:

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Hello Lyudmila!

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Dismiss a relative from his apartment

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I urgently need to discharge a relative whom I registered from a dorm room that is my property. He needed to get a mortgage, but they wouldn’t give him one without registration. They said it had to go through the courts. How can I write a statement correctly? I still just live in Mezhdurechensk. But the room is in Kemerovo and I don’t have the opportunity to go to court there and file an application.

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Hello Yura!

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How to discharge a person from an apartment if he has no other housing?

bannerwega/Depositphotos

Lawyer Sergei Kulikov (St. Petersburg) answers:

If you refuse to voluntarily vacate the apartment, you will most likely have to go to court with a request to evict without providing another living space.

So, in accordance with the norms of housing legislation, having registered your cohabitant at your place of residence, you provided him with premises for free use. Currently, you do not want to provide him with living space, so his refusal violates your rights as the owner of the apartment.

Try to explain to him that it is in mutual interests to resolve the issue peacefully. If he does not agree, then, in accordance with Art. 35 of the Housing Code of the Russian Federation, give him a written demand to vacate the apartment indicating the deadline.

If he refuses to accept the document, record the fact of your appeal to him using technical means, and attract witnesses. If your request is not fulfilled within the time limit set by you, go to court with a claim for eviction.

In addition, it would be a good idea to contact the police during periods when the tenant is abusing alcohol: most likely, in this state he is not behaving quite adequately and is violating the rules of the hostel. The police will record the fact, preferably more than once, this evidence will help you prove your position in court about the need to evict the citizen.

Does “civil marriage” give rights to real estate?

Can I kick my husband out of the apartment without his knowledge?

The head of the detective agency "Volkov and Partners" Andrey Volkov answers:

It is necessary to evict the cohabitant in court and at the same time ask to recognize him as having lost the right to use. Based on a court decision, he will be deregistered. In such cases, it is necessary to act only by legal means, since any illegal action can lead to serious consequences.

It is not advisable to live in this apartment during litigation to avoid the prospect of ending up on the street. A cohabitant, while intoxicated, may commit a crime.

It is advisable that you be under the protection of a security company during the trial so that your cohabitant does not have the opportunity to harm you.

Svetlana Orlenko, managing partner of the Recom Academy of Sciences, answers:

You can remove a person from registration in several cases. The most common and understandable case is deregistration on the basis of a tear-off coupon form No. 6. A person is registered at a new place of residence, and the passport office receives a notification about this.

If a person living in an apartment wants to check out of it himself, then deregistration occurs based on the submission of an application by a registered citizen.

In other cases, deregistration is carried out on the basis of receipt of a death certificate or by a court decision.

The owner of the apartment must contact the district court at the location of the housing, file a statement of claim and, if successful, take the court decision to the MFC, where deregistration will take place.

In this case, it is most reasonable to entrust the conduct of the case in court to a lawyer (advocate), who can competently draw up a statement of claim and correctly formulate the basis on which the cohabitant can be evicted and deregistered from the apartment. However, you should not completely withdraw from the matter.

It is necessary to personally re-read each document drawn up by a lawyer and inform the lawyer of all known facts about this person’s residence in the apartment. Every detail matters. This approach will convince the court of the importance of the issue for the owner: it is necessary to achieve an emotional impact on the outcome of the case! Also, the owner must personally explain to the court important details that the lawyer may not know about or consider them not significant enough.

Is it possible to remove one of the owners from the apartment?

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

Olga Samsonova, junior legal adviser at Legal Services Center LLC, answers:

Registration of a citizen at the place of residence certifies the location of a person and gives him the right to use the services and social benefits required by law, which are distributed on a territorial basis.

Since you are the owner of the apartment, you have the right to own, use and dispose of your property. Your cohabitant does not have any additional benefits in managing your living space; he can live in the apartment only with your consent. Accordingly, you can legally demand his eviction.

If a man refuses to vacate the apartment voluntarily, it is necessary, after conducting a pre-trial procedure for resolving the dispute, to go to court. The issue of eviction in the absence of an agreement between the owner and the citizen registered in the apartment is decided by the court. As judicial practice shows, similar disputes are most often resolved in favor of the owner.

• Text prepared by Maria Gureeva
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I found out that I was discharged from the apartment in absentia. What to do?

Is it possible to register in a house in SNT?

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

How to expel a roommate from an apartment

Hello, in this article we will try to answer the question “How to remove a roommate from an apartment.” You can also consult with lawyers online for free directly on the website.

Quite a long time ago, the institution of registration was declared unconstitutional. But instead they now continue to require registration at the place of residence. Without it, it can be difficult to interact with government agencies.

More information about how to discharge a person from a municipal apartment if he does not live or even appear in it can be found here.

• Failure of a plaintiff to appear at a court hearing may serve as grounds for a decision in favor of the defendant.
• The failure of the defendant to appear in court does not serve as a basis for an immediate decision in favor of the plaintiff and can serve as a means of delaying the process, especially if the defendant provides documents with legitimate reasons for the absence.
• It is problematic to evict, by court decision, the disabled, the disabled, minors, and persons who can confirm the existence of a conflict relationship.

How to discharge a person from an apartment

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Hello! In our new project we answer questions that really concern you. The first round is housing and communal services receipts. Ask about anything you don’t understand about them!

Permanent – ​​when a citizen’s registration continues to be valid until the person himself expresses a desire to leave the apartment.

Procedure for evicting an alcoholic from an apartment

The information on the site is provided for informational purposes only. Please consult with an attorney before making any decisions. The site management is not responsible for the use of information posted on the site.

Eviction by court decision is the only option that can be used to deregister from the municipality. apartments. In this case, there must be good reasons:

1. illegal actions;
2. violations;
3. payment delays.

Having registered the housing after the transaction and received a certificate, forced eviction from the apartment of the former owner, if he refuses to move out, can be carried out in accordance with Art.

Some documents that will be attached to the claim may be considered invalid in the absence of notarized confirmation.

Either the owner of the property or the tenant (if the housing is in a municipal fund) can raise the issue of deregistering a cohabitant. To correctly answer the question about the substantiation of this claim, it is necessary to know the grounds for moving in - whether the person was moved in on the basis of a lease agreement or for other reasons.

First of all, it is necessary to notify the municipal authority whose property the apartment is located. If a tenant violates public order, municipal authorities will send a warning to the tenant.

In accordance with Article 31 of the Housing Code of the Russian Federation, family members of the owner of a residential premises include his spouse living together with this owner in the residential premises he owns, as well as the children and parents of this owner.

There are many options for how to evict a person who is not its owner from an apartment. Each of them should be considered separately. Privatized housing is the full property of the citizen. This means he has the right to decide how to use it. He also has the right to enter into alienation transactions. If the premises are privatized, then a tenant can be discharged from it either with or without his consent.

The registration procedure and relevant requirements can be found in Decree of the Government of the Russian Federation No. 713 of July 17, 1995.

They don’t live there now, but they don’t want to leave his house. How can I write them out? My brother is not the father of the child of his former common-law wife.” Irina.

They can be recognized as former family members: they do not manage the household together, the budget is separate from the owner, and they do not provide assistance to the owner. This is regulated by paragraph 13 of the Resolution of the Plenum of the Supreme Court of July 2, 2009 No. 14. If the owner’s older children no longer live with him, it will be easier to expel them from the apartment and prove this in court.

They don’t live there now, but they don’t want to leave his house. How can I write them out? My brother is not the father of the child of his former common-law wife.”

It is not clear from your question: whether the paternity of the child has been established, and whether the child is registered in the name of your former common-law husband (cohabitant) on the birth certificate...

The woman told the police that after returning from work, she did some housework and then went to bed. At night, her roommate called her, with whom she had quarreled the day before and kicked her out the door. She ignored her ex's call. After some time, a fire started in her house and neighbors woke up the family.

The answer to your question will be sent to you by email as soon as possible and published on the website. For ease of use, a question and answer rubricator has been developed.

If we are talking about the first case, then the apartment is the property of a certain person, which is confirmed by relevant documents (donation agreement, purchase and sale agreement, etc.). In addition to the owner, other people may be registered in such an apartment.

The grounds are enshrined in Art. 7 of Law No. 5242-1 “On the right of citizens of the Russian Federation to freedom of movement...”. You will also need title documents for the apartment and a receipt for payment of the state duty for the statement of claim.

It is impossible to name the exact time for consideration of the case regarding the expulsion of a cohabitant from the apartment. The timing is affected by the complexity of the case, newly discovered circumstances, filing of appeals by the defendant, failure to appear at preliminary hearings, etc.

In addition to the passport and military ID, FMS employees are provided with a document confirming ownership if the tenant is discharged to a personal apartment or house.

Today you can use the Internet service “Gosuslugi” to go through the deregistration procedure.

To do this, you need to take the following steps: The Housing Code defines municipal real estate as the property of the state or municipality.

The main thing when forcibly removing a person from an apartment is that he should not be the owner of shares in the apartment. If he is the owner, then he has every right to use, live in it and be registered.

Question and answer: how to discharge a person without his lying

To discharge a person from an apartment, he must be recognized as a former member of the owner’s family. Because former family members cannot live in the owner’s apartment.

• According to this provision, it is virtually impossible to discharge a citizen without his personal presence, since the registration entry must be canceled in his passport.
• The information contained in the house register is sealed and signed by an employee of the internal affairs bodies.
• It should be remembered that registering a child in an apartment at the time of its privatization, even in the event of refusal of privatization, reserves the right to use this residential premises.
• If a person has another living space, then the court will be on your side and will allow you to discharge him from the apartment without his consent.
• The removal of a citizen from registration at the place of residence is carried out by the registration authorities in the event of a change in place of residence - on the basis of the citizen’s application for registration at the new place of residence or an application for deregistration at the place of residence (in writing or in the form of an electronic document).

Obtaining a copy of the writ of execution/refusal of the judicial authority. The refusal can be appealed to a higher court, but it is better to agree with the tenant on voluntary deregistration. Having arrived in Moscow on assignment, my mother lived in a communal apartment.

After some time, the people living with her in this apartment were resettled. Now there are two families left to live here. My mother got married and registered my father. Currently he drinks, is rowdy, insults me with obscene language, and there have been calls to the police.

Mom has been divorced for 1.5 years.

Deregistration through court

Contact the district court at your place of registration with a statement of claim, the purpose of which is to deregister your cohabitant.

The best decision is to seek advice from the lawyers of our portal. Experienced lawyers will tell you how to expel your roommate from your apartment: without trial and through the court. In the second case, we will help you draw up a statement of claim the first time. Your question will be considered by qualified lawyers with many years of experience in the field of Civil or Housing Law.

Is it possible to live outside the place of registration?

From your explanations it follows that this tenant refused to participate in the privatization of the house. Refusal to participate in the privatization of occupied residential premises entails... Legal grounds include illegal behavior, utility debts, lack of actual residence and other factors.

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