Statement of claim for eviction from residential premises (sample) 2023

A person can be forcibly evicted from an apartment only by a court decision.

To achieve a positive verdict, you need serious arguments for carrying out this procedure, documents from which it is not difficult to prove the plaintiff’s ownership and compliance with certain nuances.

The legislative framework

Download a sample statement of claim to the court for the eviction of a citizen from an apartment.

The Constitution of the Russian Federation states that no one can lose their home without reason.

Every person has the right to use his property. However, there are laws that allow citizens to be evicted without their consent :

1. Civil Code. Article 293. Here are the rules for actions to evict a tenant due to his destructive, mismanagement actions in the living space.
2. Housing Code:
   • Article 35. Regulates the rules for eviction of people whose right to live in this premises has expired or they have committed destructive actions in relation to housing.
   • Article 84. It provides information on in what cases people are obliged by a court order to vacate living space rented under a social tenancy agreement.
   • Article 85. This refers to the departure of persons from apartments and houses in which it is impossible to live, to other premises suitable for living, rented under social tenancy agreements
   • Article 90. Regulates the rules for the relocation of social housing tenants, if they have large debts for utility services, with the provision of a room in a dormitory.
   • Article 91. The grounds are given for the eviction of persons from municipal apartments without the provision of square meters, due to improper use of the premises or after violent acts against children, with subsequent deprivation of parental rights.

Procedure for compilation

It happens that the owner is unable to force people who do not have the right to live there to vacate the premises. The reasons can be very different. For example, loss of trust, quarrel with relatives, divorce of spouses. Therefore, you have to file a lawsuit.

But first you need to notify the annoying tenants in writing about the eviction. After familiarization, they must put their signature on the document. If they refused to sign, this is recorded by witnesses.

The eviction claim is filled out as follows :

1. There is a header in the upper right corner of the document. Here it is written:
   • name of the judicial authority to which the application is submitted;
   • information about the parties to the litigation;
   • Title of the document.
2. The descriptive part contains information:
   • about the living space and its owners;
   • information about residents;
   • reason for eviction;
   • information about the defendant’s own housing, car, and amounts of money;
   • details of the written eviction notice.
3. In the effective part, a request is written to evict the tenants to another premises, indicating its exact address. Here you can write a petition to summon witnesses to court.
4. In the applications section you need to indicate the documents that are available.
5. Indicate the date of filing the claim, signature, full name.

Contents of the document for different situations

Privatized housing

A tenant can be evicted if he provides evidence that he did not participate in the privatization of the living space and does not have the right to continue living.

The application must be submitted by the property owner.

Municipal real estate

The claim contains information about the registration of the defendant and the reasons for his eviction: debt for utilities, violation of the peace and quiet of neighbors, destruction of housing.

Owner

You can evict the owner if he has another comfortable living space. Possible reasons: if he violates the rules of living in the house, systematically causes destruction to the building, or uses the premises for other purposes.

The statement of claim must indicate the documents that record all the violations of the owner. For example, protocols for calling police or local police, complaints from neighbors to the management company.

Registered resident

• It is possible to vacate a residential premises from a registered tenant after deprivation of kinship, for refusal to pay for utilities, or for unlawful actions.
• To do this, the claim must indicate information that the tenant does not own the apartment.
• Evidence of offenses and the presence of debts for housing and communal services can be attached to the main documents.

He can be evicted from the apartment at the request of the owner. The claim may not indicate that the tenant has another place to live in the property.

The plaintiff is not obliged to provide him with housing.

Illegal residents

As a rule, these are tenants after the lease has expired, as well as relatives of previous owners. Evicting them is quite easy.

To do this, in the application you need to write the reason for the eviction of people, about the existence of ownership rights to the area.

Former spouses

To evict a spouse who does not have ownership rights to the home, the statement of claim must indicate the purchase agreement executed before the marriage.

If the ex-spouse is an equal shareholder of the home, then it is impossible to evict him. There is only one solution - to buy out part of his property.

Other persons

There are situations when it is necessary to evict a tenant from an apartment in which several relatives participated in the privatization. When filing a lawsuit to evict a citizen, it is necessary to obtain the consent of all owners. In these cases, it is difficult to predict the court's decision in advance.

Applications

Depending on who needs to be evicted, the following documents must be attached :

• contract of purchase, exchange, donation, rental of premises;
• certificate of ownership;
• apartment card to confirm the defendant’s registration;
• certificate of divorce (if you need to evict your ex-spouse);
• documents that will help confirm that the defendant has other housing;
• offense records;
• complaints from residents from neighboring apartments;
• applications to the management company;
• an extract from the Criminal Code regarding the existence of a debt for utilities;
• written notice of eviction;
• receipt or payment order for payment of state duty;
• copies of the claim and all attached documents for the defendant.

Submission order

The period for consideration of the claim is 5 days from the date of its filing.

Eviction based on a court decision will take at least 3 months. Two months are spent hearing the case in the courtroom, the third month is spent appealing the decision.

The defendant can legally delay the process for up to six months or even more. To do this, it is enough for him not to appear at the hearings, to file an appeal against the court decision, to send the requested documents by mail, etc.

When it becomes necessary to evict someone from an apartment based on a court decision, you need to be confident in your abilities. If it is quite easy to evict illegally living and unregistered tenants, it is almost impossible to evict owners and registered ones. The court will never accommodate the plaintiff if the defendant has nowhere to move.

For information on the procedure for eviction of citizens from residential real estate by court decision, see the following video:

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Statement of claim for eviction from office premises

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A statement of claim for eviction from a residential premises is submitted by the owner to the court office on the basis of Article 3 of the Code of Civil Procedure of the Russian Federation.

The concept of residential premises is defined in Art. 16 of the Housing Code.

Such objects include buildings suitable for human life:

You can evict a citizen ONLY through a judicial procedure. The exception is real estate purchased with a mortgage (Article 55 of Federal Law-102) and administrative eviction with the sanction of the prosecutor. For example, during the demolition of emergency housing and the tenant’s refusal to leave the property, which creates a threat to his life and health.

Grounds for vacating housing at the initiative of the owner:

Debts.	Depending on the status of the premises, the debt may be: for a mortgage, for non-payment of housing and communal services, for non-payment under a lease agreement.
Destruction, redevelopment, damage to real estate.	Any repair actions that are not agreed upon with the owner and result in a threat of collapse are grounds for going to court.
Violations: rights of other residents, immoral behavior, hostel rules.	If these acts are systematic, the tenant may be forcibly expelled.
Use of the premises for non-residential purposes.	Converting an apartment into a workplace or warehouse. In this case, the interests of third parties are affected.
Sublease.	Re-letting of real estate to third parties without the consent of the owner.

Jurisdiction of an eviction claim

A claim for eviction from a residential premises is filed with the district court at the defendant’s registered address. It usually coincides with the location of the property.

You can read more about jurisdiction here.

Disputes with real estate in Russian legislation belong to a complex category of cases, in which even an experienced lawyer can get confused. The main mistake in legal proceedings is the incorrect determination of the authorities to which to apply.

If one of the parties to the conflict is not satisfied with the decision of the district court, it can file an appeal to the Supreme Court, whose panel will review previous decisions. At the same time, it is impossible to appeal the verdict of the Supreme Court.

Claim for eviction from residential premises (sample)

Any person can defend his interests with the help of laws if his rights have been violated or infringed. This also includes property disputes, including real estate.

But at the same time, any citizen has the right to housing (Article 40 of the Constitution of the Russian Federation). In this regard, the courts carefully check all the necessary documentation, and the first thing they start with is the correctness of the claim.

Any application to the court must comply with Art. 131 and 132 Code of Civil Procedure. A properly completed claim is a guarantee for starting the process.

Rules for filing a claim

Introductory part.	It must indicate the details of the court and the data of the parties to the conflict.
Claim part.	The plaintiff points out the cause of the conflict, provides arguments and facts regarding the defendant’s guilt, and explains his pre-trial work to resolve disagreements.
Legislative part.	The plaintiff refers to articles of laws that, in his opinion, were violated by the defendant and also provides examples of judicial practice on similar disputes.

Documents attached to the claim

A complete list of required papers can only be established by the court, based on the specific situation, but there are still mandatory documents that must be attached to the application.

1. Copies of the claim to all participants in the process.
2. Receipt for payment of state duty.
3. Title papers for real estate.
4. Papers confirming the defendant’s guilt, for example, expert opinions.

What are the grounds for eviction from a municipal apartment?

Eviction of a minor

Claim for eviction from non-residential premises

A claim for eviction from non-residential premises can be filed by the owner for the following reasons:

1. End of the lease agreement.
2. Violation of the terms of the contract.
3. Failure to pay monthly rent.
4. Change of property owner.
5. Bankruptcy proceedings have been initiated against the owner.
6. Force majeure circumstances.

Since the relationship between the tenant and the owner is of a commercial nature, most of the conditions are specified in the lease agreement.

If the owner wants to terminate the agreement before its expiration date and on his own initiative, then he is obliged to return part of the unspent funds or pay a penalty. These clauses are mandatory when drawing up contracts between legal entities.

Claim for termination of the right to use residential premises and eviction

A statement of claim for termination of the right to use residential premises and subsequent forced expulsion is used in rare cases. Courts are reluctant to grant such requests.

It is not easy to deprive a person of the right to use housing, with the exception of mortgage debt and illegal entry into an apartment without the consent of the owner. The remaining situations are controversial and are subject to careful consideration by the judicial system.

These include:

• pensioners;
• disabled people;
• minors;
• the poor.

If the property owner decides to vacate the premises without providing another home, the court will take into account every little detail. At the same time, the owner’s chances of success are not always 100% in ANY situation.

For example, the owner of the apartment has changed. All residents are required to leave the living space upon request and terminate their rights to use the property. But this may not happen if the tenant requires constant care for medical reasons, etc.

Thus, in 2015, the Moscow District Court did not satisfy the claim of a granddaughter (in case 17/08563), who inherited an apartment after evicting her grandmother. Doctors concluded that the latter requires constant care.

Statement of claim for loss of right to use residential premises and eviction

A claim for eviction and recognition of a person as having lost the right to use residential premises is often filed, in contrast to termination of the right to use living space. This difference needs to be understood.

In what cases is it recognized that a person has lost the right to use housing:

Missing.	After five years, a person is declared dead and loses the right to housing.
Persons in prison.	For a period of more than three years, they can be evicted by relatives in court.
Persons serving in the army.	They become registered and may lose their right to use through the legislative system.

Statement of claim for eviction without provision of other residential premises

A claim for eviction without provision of residential premises is filed by municipal owners on the basis of Art. 91 Housing Code of the Russian Federation.

Causes:

1. Housing is not used for its intended purpose.
2. Systematic violation of the rights and interests of neighbors.
3. Mismanagement of housing.

In order for the owner to file such a claim, he is obliged to carry out pre-trial work with the tenant. Convince the latter to correct the situation, notify him in writing of your intention to solve the problem legally.

The owner must document his actions. Otherwise, the claim will not be accepted.

A person can be relocated to worse conditions. In this case, the living space must be at least 6 sq/m per person (Article 105 of the Housing Code of the Russian Federation).

Statement of claim for eviction with provision of other residential premises

• The form for a claim for eviction from residential premises for municipal authorities must be filled out in accordance with the requirements of the Code of Civil Procedure and the Supreme Court.
• It also MUST indicate the new place of residence of the defendant.
• Situations when a tenant is provided with new premises

In any case, the municipality will provide citizens with housing, which cannot be said about private owners. But the court may also oblige them to provide another living space or leave the tenants in the old one.

1. If there are minor children.
2. When eliminating the causes of disagreement.
3. If the tenant is unable to rent or buy a new home, etc.

Objection to a claim for eviction from a residential premises

Many people mistakenly believe that an objection to eviction must be filed with an arbitration court, but this is fundamentally wrong.

Arbitration deals with cases related to economics and entrepreneurship. And the eviction appeal is ONLY the Supreme Court. When filing a cassation appeal on your own, you must take this fact into account. Otherwise you will lose money and time.

Statement of claim for eviction of a tenant from a residential premises

A statement of claim for the eviction of a tenant from a residential premises is filed at the initiative of the owner or in the event of a collective complaint from neighbors.

Lease relationships are based on an agreement, in case of violation of the terms of which, the tenants can be evicted.

In fact, the agreement does not provide an INSTANT OPPORTUNITY for the owner to kick the tenants out onto the street. Moreover, the owner by law cannot take any action if residents live in his apartment without an appropriate agreement.

All controversial issues are resolved through the court or with the sanction of the prosecutor's office.

The owner is obliged to notify people in writing of his intention to terminate the contract THREE months in advance. Otherwise, this agreement will be renewed automatically.

Statement of claim for deregistration

Eviction of illegal residents from an apartment

Kinship relations are specified in the Housing Code in Article 31. If the relationship between relatives has ceased, then the person can be evicted.

In practice, this does not always have a positive solution for the owner. For example, the status of housing, the degree of ownership of the premises, and the costs that fell to the former relative in relation to this housing are taken into account.

Housing disputes are complex cases in jurisprudence. Even experienced professionals sometimes make unforgivable mistakes and people lose their only home.

Therefore, we advise you to consult with several lawyers at once. Our Legal Center will do this absolutely free of charge. Just leave a comment on the article or write to us by email in the “Contacts” section. We will definitely answer you.

Important! Problems related to housing fall into the category of complex cases. Consult for free with the specialists of our “Legal Center”

How to correctly draw up a statement of claim for eviction from a residential premises

Claim structure

A claim is a procedural document. If the drafting form is violated, the court will not consider it. This application, like any other claim, must consist of several parts.

Introductory

Contains details of the court and information about the parties who will participate in the dispute (plaintiff and defendant). There may be several such persons. In addition, other persons may be involved in eviction disputes, information about which is also reflected in the introductory part.

Descriptive

Contains a sequential description of the events that led to the dispute. The statement of claim in the descriptive part must reflect the reasons why the defendant began using the premises. This could be a lease or social lease agreement, a move-in order, etc. The defendant could also move into the premises without permission, having squatted the apartment.

In addition, the application for eviction must substantiate the reasons why the defendant, in the plaintiff’s opinion, lost the right to use.

For example, the lease agreement for an apartment has expired, or the defendant has made an unauthorized redevelopment that violated the architectural integrity of the building and threatens the structure with destruction.

At the same time, the defendant refuses to eliminate the negative consequences of such redevelopment of the apartment.

Requirements for eviction may be caused by foreclosure of the apartment by the bank if it was the subject of a mortgage.

Motivational

Having outlined all the circumstances of the case, it is necessary to summarize, confirming your arguments with references to the law. The normative acts referred to must be in force at the time of application to the court.

Petitionary

• Having argued in the motivational part how the actions of the defendant violate the rights of the plaintiff and compared your arguments with the current laws, you can proceed to presenting the demands.
• The statement of claim for eviction from a residential premises assumes that the essence of the requirements is to prohibit the defendant from living in the disputed premises and to remove him from registration at the address of the disputed apartment, if he is registered in it.
• The claim for eviction is signed personally by the plaintiff or his representative, who must be granted the appropriate right, confirmed by a notarized power of attorney.
• Sample statement of claim for eviction of a former family member of the owner

Please note that the sample must be adapted to the specific situation. In addition, the sample may contain references to laws that have already been terminated.

Attachments to the claim

All documents referred to in the statement of claim must be attached to it in copies. You must take the originals with you to the court hearing, as the court may require them for verification. The following documents may be attached as attachments to the claim:

• apartment purchase agreement;
• social rent agreement;
• lease contract;
• technical documents for the apartment.

Another important application that complements the statement of claim is a bank document confirming payment of the state duty. It must be enclosed in the original, keeping a copy for yourself in case the original is lost.

Evidence base

If the claim makes a claim to evict the plaintiff from the residential premises, it must be based on evidence that confirms that the defendant does not have the right to be in the disputed premises. Such rights may not arise at all (for example, upon squatting) or may cease over time (for example, at the end of a lease).

For example, an application for eviction of a former spouse, whom the ex-wife decides to evict from her apartment, must refer to evidence confirming that the marriage was dissolved and he, as well as his relatives living with him, became former members of a broken family and on this basis lost the right residence and must be evicted from the premises.

Evidence may include:

• expert opinions;
• acts of the relevant commissions;
• law enforcement reports;
• witness's testimonies;
• extracts from personal accounts of housing and communal services;
• other documents confirming the plaintiff's claims.

1. All documents that serve as evidence in the case are also attached to the claim in copies.
2. As can be seen from the above, a statement of claim demanding eviction from a residential premises is a rather complex procedural document, the preparation of which requires preliminary preparation, collection of evidence and special knowledge in the field of law.
3. Considering that this document is key and the outcome of the dispute largely depends on its correct drafting, it is advisable to entrust its drafting to a legal specialist.

Still have questions? Write your question in the form below and receive detailed legal advice:

How to file a claim for eviction from a residential premises?

A statement of claim for eviction from a residential premises is a document that begins legal proceedings in disputes over the right to reside in an apartment or house. An eviction claim must be drawn up in compliance with all requirements of civil procedural legislation, otherwise there is a high probability of leaving it without consideration.

Grounds for eviction from residential premises

Structure and content of a claim for eviction from a residential premises

Grounds for eviction from residential premises

• divorce in the event that one of the former spouses owns housing on the right of ownership, and the second is not even registered in it (Article 31 of the Housing Code of the Russian Federation);
• termination or expiration of the rental agreement (Article 688 of the Civil Code of the Russian Federation), etc.;
• sale of an apartment if, along with the owner, former members of his family live in it (Article 292 of the Civil Code of the Russian Federation);

Important: in accordance with the Resolution of the Plenum of the Supreme Court of the Russian Federation “On some issues that have arisen in judicial practice when applying the Housing Code of the Russian Federation” No. 14 dated July 2, 2009, family members of the homeowner include the spouse, children, parents, as well as others living together with they are citizens, regardless of the degree of relationship.

The Armed Forces of the Russian Federation characterize family relationships, first of all, by relationships between relatives. Thus, in the event of loss of mutual respect, former family members in terms of housing legal relations can be recognized not only by the spouse whose marriage was dissolved, but also by children who have reached the age of majority, as well as by the parents of the home owner.

Structure and content of a claim for eviction from a residential premises

Download application

In the absence of voluntary consent of temporary residents or former relatives who have lost the right to reside in the apartment (house), their eviction is carried out on the basis of a court decision.

Important: residents’ awareness of the need to leave the apartment must be documented. To do this, they are given a written notice drawn up in free form against signature. The refusal to sign is recorded in the presence of witnesses.

The eviction procedure begins with the filing of a claim, the structure of which is as follows.

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Introductory part

Contains details of the judicial authority, plaintiff and defendant (defendants), third parties (if any), as well as the title of the document:

• the full name of the court in which the claim is being filed (as a rule, a claim for eviction is filed in the federal court of general jurisdiction at the location of the residential premises);
• surnames, first names, patronymics and residential addresses of the parties to the trial (if there are several defendants, the details of each of them are indicated;
• name of the document (example: “Statement of claim for eviction of a former family member of the owner of a residential premises”).

Descriptive part

A laconic statement of the grounds for eviction:

• information about the location of housing ownership;
• data of all citizens living in the premises from which eviction is planned, and the circumstances of their occupancy;
• grounds for eviction (termination of family relations - divorce, etc., expiration of the rental agreement, etc.);
• information about warning residents about the need for eviction and their reaction (example: “The defendant was repeatedly warned about eviction, including in writing, but did not take any measures to voluntarily leave the premises.”);
• information about witnesses (for example, neighbors who are ready to confirm the fact of termination of family relationships).

Important: a statement of claim for eviction from a residential premises is drawn up in accordance with Articles 131–132 of the Code of Civil Procedure of the Russian Federation, which should be indicated before the start of the operative part.

The operative part

Request to evict a tenant(s) from the owner’s apartment. In this case, it is necessary to register the exact address of the residential premises.

If there are witnesses whose testimony can influence the outcome of the trial, the operative part of the claim is supplemented by a petition to summon them to court indicating their last names, first names, patronymics, residential addresses and other contact information.

This is followed by the date of filing the claim and the signature of the plaintiff with a transcript.

Documents attached to the statement of claim

The number of copies of the statement of claim for eviction from a residential premises must exceed the number of defendants by 1 unit. A number of documents must be attached to support the requirements:

• title documents for housing;
• documents confirming the origin and termination of family relationships;
• in case of eviction of tenants - a rental agreement;
• notification of the defendant about the need to evict from the apartment (with the signature of the tenant or with a note indicating refusal to sign);
• receipt of payment of state duty.

Important: documents are provided in copies, followed by presentation of the originals to the judge. The receipt for payment of the state duty must be attached exclusively in the original, otherwise the claim will be left without consideration.

Claim for eviction 2023 - application, from an apartment, sample, illegal residents, from a hostel, ex-spouse, state duty, former family member

Eviction from an apartment or private house can be a forced measure if the owner cannot get rid of tenants who do not have the right to be in the apartment or cottage, but refuse to leave the property voluntarily.

The owner can call the police or contact the local police officer, but the competence of law enforcement officers is limited, since citizens may believe that they are in the living space on completely legal grounds.

The initiation of a criminal case will most likely also be refused, since the investigator or inquiry officer may not see the elements of a crime in the actions of the offender. The owner or owner of the property will have only one option - to protect his rights through civil proceedings.

General information

It is necessary to file a claim when a citizen has lost the right to use housing or abuses his rights. A situation is possible when citizens occupy residential premises without permission and even make current (major) repairs to them.

In such a situation, the owner cannot independently apply measures of physical coercion, since this may be fraught with criminal liability for him. You have to go to court and later, if the defendants refuse to comply with the court decision, evict the illegal tenants with the help of bailiffs.

If the statement of claim is not related to claims exceeding 50 thousand rubles, then the application can be submitted to the magistrate at the location of the defendant.

Legal grounds

The homeowner has the right to decide who lives in his apartment or private house and who does not. But his rights are limited to permanent or temporary registration of residents.

The owner of the premises cannot terminate registration at his own discretion and simply throw people out onto the street, even if they use the housing for other purposes, damage property, and disturb neighbors. You will need to confirm your arguments in court in order for the apartment user to lose the right of residence and be forcibly evicted.

It is also legal to demand eviction in the case where the registered citizen does not bear the burden of maintaining the property and does not pay for utilities.

The plaintiff has the right to demand the forced termination of the right of ownership of housing by a citizen who systematically violates the rights of neighbors.

Housing complex of the Russian Federation

The grounds for eviction are indicated by the Housing Code of the Russian Federation - Art. 35 and art. 91. If a citizen is a user of housing, uses it for other purposes, periodically violates the rights of neighboring residents, then the owner is obliged to warn him about the need to behave in an appropriate manner and restore the housing to normal condition.

In case of repeated violations of the law, the owner has the right to demand the forced eviction of the citizen.

In this case, after a warning from the owner, former family members are subject to forced eviction if they still have the opportunity to use the housing.

Then the owner has the right to warn the tenant about the need to behave lawfully, and if preventive measures do not work, then the tenant and his family members can be forcibly evicted.

The eviction of citizens who rent housing under a commercial lease agreement is carried out taking into account Art. 671-688 Civil Code of the Russian Federation.

Eviction lawsuit

A statement of claim can be filed against several defendants - for example, a citizen and members of his family. If small children live in the residential premises, then guardianship authorities may be involved in the proceedings.

The plaintiff must clearly formulate the grounds on which the tenants are subject to eviction. In this case, it is necessary to prove that the defendant does not have the legal right to live in the apartment or house, or the plaintiff must be required to prove the illegality of the right to use (reside) in the residential premises.

From the apartment

Eviction from an apartment is carried out in accordance with the general procedure. The plaintiff needs to prove that the defendants do not have the right to live in the apartment. If the court is convinced of the position of the plaintiff, then the defendant is subject to eviction if he refuses to voluntarily comply with the court decision.

It is difficult to evict a defendant if he has co-ownership rights. If the defendant’s share in the apartment is insignificant, then other owners may demand forced termination of the right to a share in the apartment, with payment of proportionate compensation to the defendant. Simultaneously with the termination of the owner's powers, eviction can be demanded.

It is easier to evict the defendant from a municipal apartment - in case of non-payment of utilities, in the case when the defendant damages the living space, uses it for other purposes (for example, as a workshop, etc.), regularly and systematically violates the rights of neighbors.

If utilities are not paid, the tenant may be evicted from the hostel.

From the hostel

Eviction from the hostel is carried out depending on the specifics of the owner’s rights to the residential premises (room).

If he is the legal owner of the room, but violates the rights of his neighbors, then only the municipality with the support of the state housing inspectorate can demand that the citizen be evicted.

It is difficult to evict the owner of a dorm room, even if he has such a dangerous disease as tuberculosis. You will first have to seek forced hospitalization of the citizen, which is also unlikely. It will be necessary to prove that the stay of a sick citizen in a hostel significantly and regularly violates the rights of neighbors.

From communal housing

The process of eviction of citizens from communal housing depends on the status of the defendants. If they are the owners of a share in the apartment and own a specific room, then it is more difficult to evict such a citizen.

It is necessary to prove that it significantly violates the rights of neighbors; then only local authorities can file a claim, based on preliminary complaints from citizens.

Ex-spouse

You can evict your ex-spouse if the following conditions are met:

• the marriage is officially terminated;
• the apartment is not joint property of the spouses;
• The court decision regarding the termination of the spouses’ right to use the residential premises came into force.

Based on Part 4 of Art. 31 of the Housing Code of the Russian Federation, the court may oblige one spouse to provide housing for another ex-spouse in need - due to his illness or poor financial situation.

The court may reserve the right of the ex-spouse to continue to live in the apartment for a specific period.

If the court obliges one of the spouses to provide housing for the other spouse, then he must indicate the type of residential premises, the minimum area, and the right on the basis of which the housing is transferred to the use of the former spouse.

The judge can even force one of the spouses to buy or build housing for the other ex-spouse. In any case, if a spouse filed a lawsuit to evict the other spouse from the apartment, then, according to paragraphs.

13-17 Resolution of the Plenum of the Armed Forces of the Russian Federation No. 14 of July 2.

2009, the court is obliged to consider the possibility of preserving the former spouse’s right to use housing for a certain period (if the former spouse does not have his own housing or the funds to buy or rent it).

Illegally residing

Citizens who do not have the right to live in an apartment are evicted in accordance with the general procedure. To do this, it is necessary to warn them in advance, and if this does not work, then prepare to go to court.

If the illegal residence of citizens in an apartment or house is proven, the likelihood of winning the court is high.

Tenants

You can evict tenants, especially if a rental agreement has been drawn up, for good reasons:

• expiration of the rental agreement and the landlord’s refusal to renew it;
• failure to pay rent for six months;
• damage to housing, systematic violation of neighbors' rights.

Taking into account the norms of Art. 687 of the Civil Code of the Russian Federation, the court may give the employer a period to eliminate violations, which cannot be more than a year. If the tenant continues to violate the rights of the landlord, the court, at the request of the defendant, may extend the probationary period for a period of up to a year.

If the warnings are futile, the tenant may be evicted from the property along with family members.

For non-payment

Failure to pay for an apartment within six months (meaning rent payments) may result in termination of the rental agreement and eviction of the tenant. The fact of non-payment is confirmed by bank statements and other documents.

Submission and consideration procedure

The claim is filed at the location of the defendant. The document is drawn up according to the rules of Art. 131-135 Code of Civil Procedure of the Russian Federation. The owner and legal user of the housing have the right to file a claim.

The statement of claim in the first and appellate instances is considered by a judge alone, with the participation of the parties, however, their failure to appear, with proper notification, cannot serve as an obstacle to considering the claim and making a decision on it.

Contents of the statement

The statement of claim for eviction must contain the name of the court, information about the parties to the proceeding and third parties.

You must provide information about the plaintiff:

• FULL NAME.;
• address of permanent or temporary registration;
• Contact details.

It is necessary to indicate information about the defendants - their full name, registration address or location. Information about the legal representatives of the parties and third parties is indicated.

In the descriptive part, it is necessary to consistently disclose the content of the conflict based on legal facts - events and actions of the parties. It is necessary to thoroughly outline what exactly the violations of the law by the defendant are and support your arguments with substantial evidence that the court considers convincing.

The claim must be signed by the plaintiff or his legal representative. The date must be indicated on the application. The number of copies of the claim must be equal to the number of participants in the case + 1 copy for the court.

Sample

There is no general claim form. The volume of the document depends on the content of the controversial situation. The main thing is that the claim has introductory, descriptive and pleading parts. Copies of documents must be attached to the application.

A sample letter of claim for eviction is presented here.

What other documents are needed?

In 2023, the following documents are required to file a claim:

• a copy of the plaintiff's passport;
• title documents for real estate (contracts, agreements, etc.);
• USRN extracts - to confirm ownership of the living space;
• certificate of marriage and divorce;
• receipt of payment of state duty.

The plaintiff may attach to the claim form any documents that he deems necessary and which, in his opinion, confirm the validity of the arguments of the initiator of the eviction.

If a citizen acts through a representative, then a notarized power of attorney will be required.

Payment of state duty

The state duty for non-property claims is 300 rubles. It is paid upon filing a claim.

If the claim is supplemented by property claims, then the amount of the fee depends on the price of the claim and is determined according to the rules of Art. 333.19 Tax Code of the Russian Federation.

The court's decision

If the plaintiff manages to prove the validity of his claims, then the decision in court will be positive. It is impossible to predict it in advance, since the court is not bound by the arguments of the disputing parties and is called upon to resolve the dispute objectively and impartially.

In a difficult situation, it is recommended to support a qualified lawyer who will be able to protect the property and other rights of the conflicting parties.

Video about the eviction procedure

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• 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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Statements of claim for eviction from a residential premises by the owner of an apartment or house

We propose several statements of claim to the court for the eviction of former family members of the owner of the residential premises, recognizing them as having lost the right to use the residential premises.

The proposed sample claims were collected from the websites of various courts of general jurisdiction.

These samples differ somewhat in terms of the requirements in the pleading part of the claim, therefore, for some claims, comments are given about the “correctness” and correctness of the statement of individual claims.

Eviction of ex-spouse by owner of residential premises

Statement of claim for the eviction of the ex-wife by the owner of the residential premises with comments. The right to use residential premises owned by one of the spouses is terminated by the second spouse due to divorce.

Statement of claim by the apartment owner for the eviction of the ex-spouse with comments. After divorce, the spouse does not vacate the residential premises owned by the other spouse.

Statement of claim for eviction of a former spouse, termination of the right to use residential premises, comments.

Statement of claim for eviction of a former family member of the owner from a residential premises, deregistration, comments. Sample claim for eviction of ex-wife and deregistration.

Statement of claim for the eviction of a former spouse from the owner’s apartment. Some comments.

Statement of claim by the owner for the eviction of his ex-wife from the apartment, comments.

Statement of claim for the owner's eviction of the former spouse from the residential premises. Sample claim for eviction of a former spouse in connection with the termination of family relationships and divorce.

Eviction of relatives and other persons at the request of the owner

Statement of claim for the eviction of a former family member of the owner, as well as comments thereto.

 The defendant is any person moved in by the owner of the residential premises as a member of his family (ex-spouse, adult children of the owner, his uncle, aunt, grandchildren, other relatives or unrelated persons, for example, cohabitants), but who has lost the right to use the residential premises due to the termination of family relationships.

Statement of claim by the owner for eviction, recognition of the loss of the right to use the residential premises. Comments on the claim.

The plaintiff refers to the fact that the defendant is not a member of the plaintiff’s family, they do not run a common household, and no agreements were concluded between them regarding the use of residential premises owned by the plaintiff.

Eviction of a former family member upon expiration of the term for retaining his right to use the plaintiff’s housing

Statement of claim for the eviction of a former family member of the owner upon expiration of the period of use established by the court. A sample statement of claim from the owner for the eviction of a former family member in connection with the termination of the right to use residential premises after the expiration of the period established by the court decision. Some comments on the claim.

Eviction of family members of the previous owner by the new owner

Statement of claim by the new owner of the residential premises for eviction, recognition of the family members of the previous owner as having lost the right to use, and deregistration. The plaintiff purchased residential premises, however, family members of the previous owner (seller) do not vacate the disputed residential premises and retain registration in it at the place of residence.

We recommend: statements of claim for recognition as having lost the right to use residential premises, recognition as not having acquired the right

Statement of claim for eviction of a former family member of the owner

A sample statement of claim for the eviction of a former family member of the owner of a residential premises, taking into account recent changes in legislation.

Former family members include spouses whose marriage has been dissolved, parents and adult children, and other persons with whom relationships have hopelessly deteriorated and who are no longer close.

The former family member of the owner loses the right to use the residential premises. After termination of the right to use, he is obliged to evict from the residential premises. The owner of the residential premises, if there are obstacles from a former member of his family, sets a deadline for him to evict, it is advisable to do this by delivering a written notice of eviction.

After the expiration of the period established in the claim, the owner has the right to submit claims to the court. A statement of claim for the eviction of a former family member of the owner of a residential premises is filed with the district (city) court at the defendant’s place of residence. The state duty for such a claim will be 200 rubles. Other owners of the disputed residential premises must be indicated as third parties in the claim.

The text of the application is drawn up in as much detail as possible; it is advisable to indicate all the circumstances of the move-in, the defendant’s residence in the residential premises, and the grounds for termination of family relations. In case of termination of marriage, a certificate of divorce must be attached. Other cases detail why the defendant became a former family member.

In _______________________________ (name of the court) Plaintiff: __________________________ (full name, address) Defendant: _________________________________ (full name, address) Third party: _____________________

(full name, address)

Statement of claim

on the eviction of a former family member of the owner of a residential premises

I am the owner of a residential property located at the address: _________ (indicate the full address, including region, city, district, street, house and apartment number). The ownership of the specified residential premises belongs to me on the basis of _________ (indicate the document confirming the ownership of the residential premises, its full details, date, number).

In addition to me, _________ live in the disputed residential premises (indicate the full names of all persons living in the apartment).

The defendant was moved into the residential premises at _________ (address of the residential premises) as a member of my family “___”_________ ____, since _________ (indicate the reasons for considering the defendant a member of the family of the owner of the residential premises).

“___”_________ ____ family relations between me and the defendant have been terminated, maintaining family relations in the future is impossible _________ (indicate the reasons and grounds for termination of family relations).

In accordance with Article 35 of the Housing Code of the Russian Federation, if a citizen’s right to use residential premises is terminated on the grounds provided for by the Housing Code of the Russian Federation, other federal laws, an agreement, or on the basis of a court decision, this citizen is obliged to vacate the corresponding residential premises (stop using it). If this citizen does not vacate the said residential premises within the time period established by the owner of the relevant residential premises, he is subject to eviction at the request of the owner based on a court decision.

• Witnesses can confirm the fact of termination of family relations with the defendant: _________ (full full name, home address of witnesses).
• Based on the above, guided by Articles 131-132 of the Civil Procedure Code of the Russian Federation,
• Ask:

1. Evict _________ (full name of the defendant) from the residential premises at the address: _________ (indicate the full address of the residential premises).

Petition:

I request that the following be summoned to the court hearing as witnesses:

1. _________ (full full name, home address of the witness);
2. _________ (full full name, home address of the witness).

List of documents attached to the application (copies according to the number of persons participating in the case):

1. Copy of the statement of claim
2. Document confirming payment of state duty
3. Documents confirming ownership of residential premises
4. Documents confirming family relations with the defendant (marriage certificate, birth certificate)
5. Documents confirming the termination of family relations with the defendant (divorce certificate)
6. Written notice of eviction with confirmation of delivery

1. Date of application “___”_________ ____ Signature of the plaintiff _______
2. Download a sample application: 
3.   Statement of claim for eviction of a former family member of the owner

Statement of claim for eviction of a former family member

Here you can view and download a template for a claim for eviction from a residential premises for 2018 in a format convenient for you. Remember that you can always get our legal assistance, including filling out this form, by contacting us at the phone numbers listed on the website.

New model 2023

• In _________________ district court
• plaintiff: ________________________,
• location: _____________,
• respondent: _____________________,
• location: _____________.
• STATEMENT OF CLAIM for eviction

Based on the purchase and sale agreement No. ___ dated “___”_____________ ____ (copy attached), I, __________________, acquired ownership of an apartment located at the address: _________________.

From that moment on, I lived in it, and a little later I registered there at my place of residence (a copy of the extract from the house register is attached).

Also in this apartment I registered my ex-wife - ______________ - and my daughter - ____________, born on _________ at the place of residence. During this period, I was married to the defendant. By the decision of the ____________ district court, the marriage between me and the defendant was dissolved (a copy of the divorce certificate is attached).

However, despite the lack of grounds, the defendant still lives in the apartment that belongs to me.

I repeatedly suggested that the defendant find some option for her to live separately and leave my apartment, especially since she had no legal grounds for living in it.

However, she did not take any action to resolve her housing issue and move out of my apartment. It should also be noted that her parents have a three-room apartment in the city.

____________________ (a copy of the extract from the Unified State Register is attached). But she did not want to move in with them.

According to paragraph 4 of Art.

By virtue of paragraph 1 of Art.

35 of the Housing Code of the Russian Federation, if a citizen’s right to use residential premises is terminated on the grounds provided for by this Code, other federal laws, an agreement, or on the basis of a court decision, this citizen is obliged to vacate the corresponding residential premises (stop using it). If this citizen does not vacate the said residential premises within the time period established by the owner of the relevant residential premises, he is subject to eviction at the request of the owner based on a court decision.

Due to the fact that the defendant does not have the right to use on the basis of clause 4 of Art. 31 of the Housing Code of the Russian Federation, but, despite my repeated requests, she did not vacate the apartment belonging to me, I believe that, on the basis of clause 1 of Art. 35 of the Housing Code of the Russian Federation, she is subject to eviction.

Based on the above and Art. Art. 31 and 35 of the RF Housing Code, as well as Art. Art. 131, 132 Code of Civil Procedure of the Russian Federation,

ASK:

1. Evict _____________ from the apartment that belongs to me, _______________, located at the address: _________________.

Applications:

1. A copy of the statement of claim for the defendant.

2. Copy of the purchase and sale agreement - 2 copies.

3. Copy of an extract from the house register - 2 copies.

4. A copy of the divorce certificate - 2 copies.

5. Copy of financial personal account - 2 copies.

6. Copy of extract from the Unified State Register - 2 copies.

7. Document confirming payment of state duty.

date

Signature