Statement of claim for eviction and deregistration (sample) 2023

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ATTENTION! Look at the completed sample claim for deregistration and eviction from a municipal apartment:

You can DOWNLOAD samples of statements of claim for deregistration and eviction from the links below:

How to properly file a claim in court

The procedure for filing a claim in court requires special attention. The resolution of a controversial situation directly depends on the correctness and literacy of the submitted application.

Preparing a claim for deregistration requires the following points:

• exact name of the court;
• information about the participants in the case. If a party to the lawsuit is a person who has not reached the age of majority, then a representative of the guardianship and trusteeship authority is invited to participate;
• statement of the essence of the problem - here the applicant should indicate the reasons for filing the claim, as well as list the actions of the defendant that served as the basis for his eviction;
• presentation of evidence: what are the defendant’s violations, how they are confirmed;
• references to the provisions of the current legislation, which are contrary to the behavior of the defendant;
• a request to the judicial authority to resolve the problem and make a fair decision - in this situation this means recognizing the defendant as having lost the right to use the residential premises;
• a list of documentation attached to the claim for deregistration;
• date of filing the claim, signature of the applicant (authorized representative).

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Grounds for going to court

There are several grounds for deregistration of a tenant and his subsequent eviction. But there is no need to rush to go to court. Perhaps the tenant will not refuse to check out voluntarily. In this case, the eviction procedure will be much simpler.

However, more common today are cases when a citizen does not want to be deregistered. In such circumstances, the only option is to go to court. To do this, you need to draw up a claim and submit it to a government agency.

• If the plaintiff's demands are satisfied, the defendant will be required to leave the premises.
•  Sample petition for application of the statute of limitations.
• The grounds for eviction of a citizen may be:

• Using a residential property for other than its intended purpose (setting up a warehouse, opening a retail outlet, etc.);
• systematic violation of the established rules for the use of residential premises (listening to loud music, drinking alcoholic beverages, etc.);
• damage to housing (illegal redevelopment, rendering equipment or other property unusable);
• expiration of the rental agreement;
• failure to fulfill obligations to pay for housing and communal services (the defendant does not pay the amounts required by law for more than six months, hides his income);
• divorce from husband (wife) - after divorce, the family relationship ends.

Deregistration and subsequent forced eviction are possible not only for residents, but also for property owners. However, this occurs only if the property owner regularly violates the law. Therefore, cases of eviction of tenants are more common.

Statute of limitations

Remember! According to the established rules, the general statute of limitations of three years applies to deregistration and eviction claims.

It is worth noting that the materials of judicial practice indicate that this issue is not unambiguous even today. Taking into account all the nuances of such cases, in certain cases the statute of limitations on such issues may change.

Required documents

The package of documentation required for consideration of the case depends on the form of ownership of the property - it can be municipal or private.

The list of papers for deregistration and eviction is as follows:

• receipt for payment of state duty;
• a properly completed claim for deregistration and further deregistration;
• plaintiff's identity document
• the original of the notarized power of attorney (if a representative is involved in the case);
• extract from the Unified State Register of Real Estate for the property;
• documents confirming the plaintiff’s right to housing;
• a copy of the notice of deregistration;
• extract from the house register;
• divorce certificate (if ex-husband or wife evicts);
• a certificate from the guardianship and trusteeship authorities, if a party to the case is a person who has not reached the age of majority;
• an act confirming the fact of inspection of housing by employees of the BTI or housing department;
• expert opinion on the sanitary condition of housing;
• written statements of witnesses;
• documents prepared by the district police officer, etc.
  The papers listed above are provided in the form of photocopies; only one original is needed - a receipt for payment of the state duty.

Watch the video. Extract from the apartment through the court:

Notice of eviction

A property owner who wants to deregister and evict a tenant must notify the citizen in advance about this. To do this, it is advisable to send a written document to the tenant.

 Can a cohabitant apply for an apartment?

If it is not possible to send a message in writing, it is advisable to visit the defendant and inform him of the upcoming eviction in the presence of other tenants or relatives.

Filing a claim for deregistration and eviction is not possible without prior notice.

The specified document can be written by hand; a mandatory form is not provided for by law.

In this case, the notification must contain the following information:

• information about the addressee – full name, place of residence;
• information about the applicant – full name, place of residence;
• grounds for deregistration;
• the period during which the tenant is obliged to leave the housing;
• date of the document and signature of the citizen.

Who has the right to file a claim?

A claim to remove a citizen from registration is filed by a person who wants to evict a tenant from a specific living space. Not only an individual, but also a legal entity can act as a plaintiff.

Who can file a claim:

• home owner (landlord);
• owner's representative by power of attorney;
• representative of the municipal government;
• neighbors of the defendant - one or more (by filing a collective application);
• representatives of guardianship and trusteeship authorities (in the interests of a person under the age of majority). The filing of such claims is due, for example, to the need to deprive parents of their rights in relation to the child;
• representative of the prosecutor's office.

Note! Most often, homeowners file claims for deregistration and eviction. If it is necessary to evict the owner himself, third parties are involved in the process.

State duty

Litigation related to the owner’s need to defend his housing rights by evicting a citizen from the plaintiff’s living space belongs to the category of cases of a non-property nature.

In accordance with Article 333.19 of the Civil Code of the Russian Federation, the amount of state duty in such cases is 300 rubles.

1. You must pay the state fee in advance, before filing a claim in court.
2. Russian legislation does not provide for a statement of claim for eviction and deregistration, so you need to go to court with an application to recognize the citizen as having lost the right to use residential premises.
3. After the judicial authority makes a positive decision on the claim, the applicant has the right to discharge the defendant from the apartment and evict him from his living space.

Application Rules

The legislator does not provide special requirements for filing a statement of claim to recognize a person as having lost the right to use housing. But there are standard rules that should be followed when filing a claim.

 Can bailiffs evict you from your only home for debts?

A claim for deregistration will be accepted by the court for consideration if the document meets the following requirements:

• the application is submitted only in situations where the defendant does not agree to voluntarily check out of the residential premises and vacate the living space belonging to the plaintiff;
• the claim and the documents attached to it are submitted to the court office, then the presented package of papers is registered in the window for accepting applications from the public;
• cases on recognizing a person as having lost the right to use residential premises fall within the jurisdiction of the district court;
• The judge makes a decision on the claim within two months from the moment of its adoption (clause 1 of Article 154 of the Code of Civil Procedure of the Russian Federation);
• participants in the process are given the right to conclude a settlement agreement during the consideration of the case. In this case, the document is certified by the signature of the judge hearing the case and a seal. After this, the parties must adhere to the terms of the document signed during the process.

Watch the video. Evicting an ex-spouse:

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Statement of claim for deregistration

A person registered at a specific place of residence can be deregistered only upon his personal application.

The basis for deregistration may be the fact of non-residence at the place of registration or the intention to register at another address.

The absence of an application for deregistration, even in the event of a long-term non-residence at the place of registration, makes deregistration impossible. This means that a person who is actually not related to a specific residential area will be listed as living on it.

The only way out of this situation will be for the owner of the residential premises to go to court with a claim for deregistration.

Let us clarify that claims for deregistration may also be associated with claims for eviction, but the grounds for the claim in this case will be different.

That is, if a person lives and is registered in a residential building, and the owner wants to evict him and deregister him, then the future plaintiff should familiarize himself with the materials relating specifically to the eviction or recognition of the person as having lost the right to living space.

Filing a claim

Owners or tenants (responsible tenants) of residential premises can act as plaintiffs in claims for deregistration.

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The person against whom the claim is filed is brought in as a defendant. Often plaintiffs do not know the defendant's actual address. Therefore, it is acceptable to indicate your last known place of residence.

Composing a claim yourself is not the most difficult task, especially since you can use the template for a statement of claim of the type in question available on the website.

The structure of the claim is standard and consists of the following elements:

1. “cap” of the claim, that is, the name of the court, full name and address of the plaintiff, full name and address of the defendant indicated in order;
2. a descriptive part, which includes information regarding how and on what grounds the defendant was registered in the plaintiff’s living space;
3. the reasoning part, which sets out the circumstances supporting the claims. It is necessary to indicate the date from which the defendant does not live in the plaintiff’s living space, and, if possible, the reason why and where he moved out;
4. the operative part containing the actual claim to deregister the defendant;
5. list of attachments to the claim;
6. date of filing the claim and signature of the plaintiff.

Application

The appendices list the documents that the plaintiff attaches to substantiate the claims. These may include:

• a copy of the house register, a copy of the apartment card or a copy of the personal account in which the defendant is listed as registered in the plaintiff’s living space;
• a certificate from the housing authority stating that the defendant de facto does not live at his place of registration;
• an act of non-residence of the defendant at the place of registration, drawn up by the housing authority or neighbors;
• district police officer's report;
• a certificate from Rosreestr stating that the defendant does not have ownership rights to the plaintiff’s living space.

You will also need to attach a copy of the receipt for payment of the state duty in the amount of 300 rubles and a copy of the plaintiff’s passport. The fact of non-residence can also be confirmed by witness testimony. The list of witnesses is included in the statement of claim.

The court's decision

As a rule, courts make positive decisions for plaintiffs in cases relating only to deregistration.

Claims for eviction and recognition of the defendant as having lost the right to housing are much more complex and require serious justification. Therefore, we once again recommend that you familiarize yourself with the materials on our website regarding claims for recognizing a person as having lost the right to living space and clearly define your claims.

Please note that the court does not remove anyone from the registration register. With his decision, he only gives instructions to the passport offices to remove and discharge the person.

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Sample claim for deregistration

• In the ________ district court of _______________________________________
• Legal representative of a minor child:______________________________
• _______________________________
• third party: Department of the Federal Migration Service for the district “______________”, _________________________________________
• Guardianship and trusteeship authority for the district “____________” in the city of ____________________________

State duty: based on clause 3, part 1, art. 333.19 of the Tax Code of the Russian Federation is ____ rubles

STATEMENT OF CLAIM about those who have not acquired the right to use residential premises and deregistration

Based on the above and guided by Art. 31 Housing Code of the Russian Federation, 228, 304 Civil Code of the Russian Federation, -

Remove ______________ from registration at ______________

1. copies of the statement of claim 2. receipt for payment of state duty 3. copy of the Certificate of State Registration of Rights dated _____________5. copy of an extract from the house register6. copy of financial and personal account

7. Copy of the child’s birth certificate

Statement of claim for recognition of the loss of the right to use and deregistration (agreement for the sale and purchase of residential premises, the defendant is the previous owner)

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

Sample statement of claim for recognition of the loss of the right to use residential premises, eviction and deregistration . Sample from the website of the Zelenogorsk District Court of St. Petersburg. Comments:

1. On the eviction from residential premises of persons moved in as a member of the owner’s family (relatives or other persons who have become former members of the owner’s family), on the grounds and conditions for the court retaining the right to use residential premises for a certain period of time for a former member of the owner’s family, see the publications :

Read also: Preferences under Federal Law 223

2. The plaintiff’s demands to deregister the defendant at the place of residence in the disputed apartment cannot be satisfied, since there is no dispute about the legality of the actions of the registration authority. In accordance with subparagraph “e” of paragraph.

31 Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation, approved by the Decree of the Government of the Russian Federation of July 17, 1995.

N 713, the removal of a citizen from registration at the place of residence is carried out by registration authorities in the event of eviction from an occupied residential premises or recognition as having lost the right to use residential premises on the basis of a court decision that has entered into legal force.

Thus, a court decision to recognize the defendant as having lost the right to use residential premises and (or) eviction will be the basis for deregistering him.

3. The state duty when filing a claim for eviction in court is paid in the amount of 300 rubles for individuals and 6,000 rubles for plaintiff organizations (when filing a claim of a property nature that is not subject to assessment, as well as a claim of a non-property nature, the state duty is determined in accordance with paragraphs. 3 clause 1 article 333.19 of the Tax Code of the Russian Federation).

Claim for deregistration at the place of residence + sample (form)

How to correctly write a statement of claim for deregistration? People often find themselves in a situation where they need to deregister a person who is registered outside their apartment.

This can rarely be done on a voluntary basis. And without the consent of the citizen, government bodies refuse to carry out such actions. There is a way out; you can deprive a person of registration through the court.

The need to go to court may be caused by various circumstances. Basically, registration issues arise when it is necessary to carry out any legal actions with real estate; there are many other reasons.

The complexity of this procedure depends on the specific situation. In order to discharge a person through the court, a set of certain conditions and circumstances is necessary.

Here is a list of the main ones::

• who is the owner of the property;
• who is part of the family;
• whether the defendant has other living quarters;
• does he have an alternative address at which he can carry out new registration;
• what social status do the owner of the residential premises and the citizen whose registration should be cancelled, here we mean disability, being a dependent, guardianship over someone;
• under what circumstances did he have a stamp in his passport indicating registration in this apartment;
• the age of the citizen, here we mean minor children;
• whether the citizen lives at the registration address.

Only after all the facts have been clarified, the court can make a decision to recognize the defendant as having lost the right to use the residential premises, which will be the basis for the migration service of the Russian Federation to deregister him at his previous address.

What goal should you pursue?

The owner's claim for deregistration must be drawn up in such a way that the court recognizes the citizen as a person who does not have the right to use the residential premises.

This means that you will have to look for various arguments that can be used as circumstances influencing the court’s opinion.

Moreover, these arguments must be substantiated. In other words, various claims will need to be backed up with solid evidence.

To begin the trial, you need to prepare evidence and draw up a statement of claim. The form of such an appeal to the court must be in writing.

In this case, you must follow certain rules. To avoid mistakes when writing an application, you need to contact a lawyer.

When looking for grounds for expelling a person from an apartment, it is necessary to take into account the features that will follow the status of a citizen.

Most often it is necessary to deregister the following persons::

1. Former family member - spouse.
2. A minor child.
3. Former owner of residential square meters.
4. Other relatives for various reasons.

This list is not exhaustive; once again, everything depends on the specific goals and situation.

In this case, it is necessary to prepare an application for deregistration, but the correct application will sound like this - a claim for recognition as having lost the right to use residential premises.

Circumstances required for cancellation of registration

De-registration in court involves the provision of evidence. That is, these are the arguments that the court perceives as acceptable and weighty. Among them there cannot be secondary reasons.

Let us remind you that it is necessary to prove the loss of the right to use residential premises. According to the law, family members of the apartment owner have the right to use residential premises, provided that they are registered there.

Sometimes people find themselves in a situation in which it is necessary to deregister the former owner of the apartment. This happens if the alienation of real estate took place a long time ago, and privatization was involved in the transaction process.

• Here the basis will be the lack of family ties and the fact that the owner has long since changed.
• In relation to minor children, the law is very harsh.
• In order to deregister a minor child through the court, not only grounds are needed, but also additional conditions.
• The main requirement of the law in this case is the availability of new housing in which the minor can be registered, as well as the location of his parents.

Consideration of a case in court on deregistration at the place of residence

So, as mentioned above, you should start by filing a statement of claim. A sample claim for deregistration can be downloaded from our website.

The court then sets a date and time for the first trial.

The court calls as parties participating in the case:

1. The plaintiff, as a rule, is the owner of the apartment or a responsible tenant if the housing is used under a social tenancy agreement.
2. The defendant is the person who needs to be discharged from the premises.
3. Prosecutor.
4. The Migration Department of the Ministry of Internal Affairs of the Russian Federation (formerly the Federal Migration Service) is involved as third parties.

Witnesses are necessary in court to establish the fact of a long absence from a given address. This is another very compelling argument for discharging a person from an apartment.

After all, if he does not live there, then in principle we can assume that he has lost the right to use the housing.

Further actions

If events develop well, the court decides to discharge the person from the apartment. The court's decision must enter into legal force.

The law provides for a thirty-day period for this. However, this should not be the end.

Confirmation that the defendant no longer has anything to do with the residential premises will be the absence of a record about a specific person in the Form 9 certificate.

In order to achieve changes in this document, it is necessary to submit a court decision to the Federal Migration Service at the location of the apartment or house.

After completing all the necessary procedures related to notifying various authorities, you should contact the MFC. It is this organization that issues the above certificates.

As a rule, this document is ready for issue within a week. After which you can receive it and use it in the future for various legal actions.

To facilitate the plaintiff’s work, it is better to use the services of lawyers. This guarantees success.

Form of claim for deregistration at the place of residence

To the Chertanovsky District Court of Moscow

117556, Moscow, st. Artekovskaya, 3 A

Plaintiff: Koznov Yuri Alexandrovich

Moscow, st. Ressornaya 12. apt. 18

Defendants: Tokmovtsev Vladimir Anatolyevich

Moscow, st. Ressornaya 12. apt. 18

Usoltsev Evgeniy Sergeevich

Moscow, st. Ressornaya 12. apt. 18

Third parties: OUFMS in the Chertanovsky district of Moscow

454091, Moscow, st. Zwillinga 5 "b

Koznova Oksana Borisovna

Moscow, st. Ressornaya 12. apt. 18

Operating in the interests of minors:

Koznova Angelina Yurievna, born 05.11.2004

Vitaly Yurievich Koznov, born on August 9, 2008

State duty: 600 rubles

Statement of claim

The plaintiff, Yuri Aleksandrovich Koznov, is a tenant of residential premises at the address: Moscow, st. Ressornaya d. 12 sq. 18, which is confirmed by order No. 885 dated March 01, 1979.

The defendant Vladimir Anatolyevich Tokmovtsev left the residential premises in 1987, taking his things; has not appeared in the apartment since that time. The plaintiff did not create any obstacles to the defendant’s residence at the place of permanent registration.

The defendant does not fulfill his obligation to pay for the apartment and utilities. All payment is made by the plaintiff.

Statement of claim for eviction and deregistration - from residential premises, sample

• If you want to evict tenants or former family members (spouses) from your living space, the owners may encounter certain difficulties.
• This is due to the fact that the legislation in force on the territory of the Russian Federation regulates the procedure for eviction of citizens in various life situations and from various types of premises.
• The Housing Code of the Russian Federation defines the grounds that can become a valid reason for eviction of citizens from real estate:

• termination of the social tenancy agreement;
• violation of silence by residents at night;
• use of the property for other than its intended purpose;
• termination of family relations between the owner of a residential premises and a person living in his living space;
• destruction of real estate;
• constant brawls, heavy drinking, drug use, etc.

Eviction procedure

Federal Russian legislation defines the procedure for eviction of citizens from real estate:

1. Voluntary release by the tenant or owner of the property (in case of pre-trial resolution of the conflict).
2. Forced eviction of citizens by a court decision that has entered into legal force.
3. Forced eviction of tenants illegally living in the apartment (the owner will have to call law enforcement officers, present documents for housing and wait several hours while the eviction takes place).

From living quarters

Both owners and tenants or former family members can be evicted from residential premises.

In order for citizens to leave living space, which they use at their own discretion on the basis of a social tenancy agreement, there must be compelling reasons defined by the Federal legislation of Russia.

Such disagreements can be resolved pre-trial or transferred to the courtroom.

In order to avoid unpleasant incidents with dissatisfied tenants, owners should call:

• employees of the Ministry of Emergency Situations (they will be able to open the locks if residents prevent entry into the apartment);
• representatives of law enforcement agencies (they will force citizens to leave the property).

The owner of the residential premises should show the representatives of the law the documents for the property so that they can begin to fulfill their direct duties.

Ex-spouse

When evicting a former spouse from a residential premises, the owner may encounter the following difficulties:

• the judge may grant a former family member a deferment to find a new home (from 1 month to 1 year) if he proves that he has no source of income and no real estate of his own;
• the ex-husband will need to be provided with another living space.

When submitting a claim for eviction from a residential premises to the court, the plaintiff must attach to it evidence indicating the right of sole ownership of the property and the fact of termination of family relations.

Owners from a communal apartment

The process of eviction of owners from a communal apartment should be guided by the Civil Code in force on the territory of the Russian Federation.

The applicant must file the claim in the court that is located at the defendant’s place of residence.

This document should be accompanied by documents demonstrating the violations that forced the plaintiff to initiate the eviction process. The eviction of owners from a communal apartment will be carried out by bailiffs after the court decision enters into legal force.

Registered person

The eviction of a registered citizen from a property can be voluntary or forced:

1. In case of pre-trial resolution of the conflict, the tenant vacates the residential premises and writes an application for deregistration.
2. With a legal solution to this problem, the eviction of a registered tenant can occur after the relevant court decision is made. Based on this document, it is also deregistered.

Forced from the apartment

Citizens can be forcibly evicted from an apartment:

• representatives of law enforcement agencies (if they were called by the owner of the property, and during the process of checking documents it turned out that the tenants were living in the premises illegally, without a social tenancy agreement);
• bailiffs (representatives of the executive service act only by a court decision that has entered into legal force).

From a council apartment

Eviction of residents from a municipal apartment can occur in the following cases:

• in case of violation of the rules of residence in a residential area;
• upon expiration of the social tenancy agreement;
• if a tenant loses the right to use municipal housing, etc.

A statement of claim to evict a tenant is filed with the court of the district in which the municipal apartment is located.

From a specialized living space

Eviction of citizens from specialized premises is carried out on the basis of Article 103 of the Housing Code in force on the territory of the Russian Federation.

This procedure can be carried out pre-trial, with the voluntary consent of the residents to vacate the property.

If citizens refuse to evict themselves from housing that has a specialized purpose, the owners draw up a statement of claim and submit it to the court.

Eviction of citizens can also occur when ownership of such an object is transferred to another legal entity, which has the legal right to evict residents, including minor children.

With the provision of other living quarters

The Housing Code in force on the territory of the Russian Federation determines the procedure for eviction of citizens from real estate, with the obligatory provision of other housing to them.

The grounds for initiating eviction are:

• termination of a social tenancy agreement;
• demolition of the house (or disrepair) in which the disputed apartment is located;
• seizure of housing for government needs;
• conversion of a residential building into a non-residential one, etc.

Going to court

In order to legally resolve the issue of forced eviction of its owner or tenant from a property, it is necessary to contact the court located at the location of the disputed property.

To do this, the applicant should prepare a statement of claim drawn up in accordance with all the rules of jurisprudence.

Statement of claim for eviction and deregistration

1. To evict tenants or owners from apartments, it is necessary to draw up a statement of claim for eviction and deregistration, which must include details of the parties to the conflict, describe the reason for the eviction and contain the evidence base.

2. After considering the claim in court, a court representative will make a decision.
3. If the judge’s verdict is positive, based on the decision (which has entered into force), the tenant will be deregistered.

Here you can download a sample claim for eviction and deregistration.

The court's decision

At the court hearing, representatives of Themis consider a statement of claim for the eviction of tenants from a specific property, a sample of which can be obtained from any law office.

The judge, if he considers the evidence provided by the applicant to be undeniable, will make a positive decision on declaring him to have lost the right to use the stated claim.

This document, after entering into legal force, is transferred to the executive service and accepted by the bailiffs for work.

Arbitrage practice

When making decisions to evict tenants or owners from residential premises, the judge is guided by various laws, regulations and regulations:

• Resolution of the Plenum of the Supreme Court of the Russian Federation No. 14 dated July 2, 2009;
• Housing Code of the Russian Federation;
• Civil Code in force on the territory of the Russian Federation;
• The Constitution of Russia.

Here is the judicial practice on eviction and deregistration.

Video about eviction from a residential premises

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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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Claim for deregistration at place of residence, sample 2023

How to correctly write a statement of claim for deregistration? People often find themselves in a situation where they need to discharge a person who is registered outside his apartment. This can rarely be done on a voluntary basis. And without the consent of the citizen, government bodies refuse to carry out such actions.

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

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call the numbers provided on the website. It's fast and free!

Content:

• Claim for deregistration at the place of residence + sample (form)
• Deregistration: order and nuances of the procedure
• Grounds for deregistration and eviction through court
• Statement of claim for deregistration
• Sample statement of claim to the court for deregistration

Claim for deregistration at the place of residence + sample (form)

VIDEO ON THE TOPIC: STATEMENT OF CLAIM sample or how to draw it up yourself

A sample statement of claim from the new owner of a residential premises for recognition of the loss of the right to use the residential premises, eviction and deregistration of family members of the previous owner.

Sample from the website of the Lefortovo District Court. When the ownership of residential premises is transferred, family members of the previous owner lose the right to use the residential premises and the new owner has the right to demand their eviction in court. State duty to court.

When filing a claim for eviction in court, a state duty is payable in the amount of rubles for individuals and rubles, if the plaintiff is a legal entity, when filing a claim of a property nature that is not subject to assessment, as well as a claim of a non-property nature, the state duty is determined in accordance with paragraphs.

In accordance with subparagraph “e” of paragraph N, the removal of a citizen from registration at the place of residence is carried out by the registration authorities in the event of eviction from an occupied residential premises or recognition as having lost the right to use residential premises on the basis of a court decision that has entered into legal force.

Statement of claim for recognition of the loss of the right to use residential premises upon transfer of ownership, eviction and deregistration at the place of residence.

This circumstance is an obstacle to the exercise of my legal rights as an owner.

In accordance with paragraph 2 of Article of the Civil Code of the Russian Federation, in connection with the transfer of ownership, the right to use residential premises by family members of the previous owner ceased.

According to paragraph 1 of Article 35 of the Housing Code of the Russian Federation from N Federal Law, if a citizen’s right to use residential premises is terminated, this citizen is obliged to vacate the corresponding residential premises and 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.

Based on the above and guided by paragraph.

NI “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation.” Recognize F. as having lost the right.

Receipt for payment of state duty. A copy of the certificate of registration of ownership. Moscow and Moscow Region. Search form Search. Home 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.

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. Comments: 1. To the Lefortovo District Court.

NI “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation”, I ask: 1. Evict F. Oblige the name of the registration authority to remove these citizens from registration at the place of residence at the address: ... Appendix: 1 Please share if the article was useful to you. All Latest Articles.

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Deregistration is a common claim that is filed in court. There are several reasons that encourage interested parties to file a claim in court for deregistration at their place of residence.

In what order and according to what rules is a claim for deregistration filed? In which courts it is considered, what needs to be done after the trial, and also how forced eviction is carried out. Legal norms regarding registration have existed in Russia for a long time. Basically, their use is determined by the time of residence of a person in a specified place.

Deregistration: order and nuances of the procedure

The owner of a residential premises has the right to bring such a claim against citizens who have ceased to be members of his family.

Members of the owner's family, according to the rules established by the Housing Code of the Russian Federation, include his spouse, children and parents, if they live together with the owner in this residential premises.

Other relatives and disabled dependents may be recognized as family members of the owner if they were moved into the housing as family members. In exceptional cases, other citizens may also be considered such family members.

Grounds for deregistration and eviction through court

A sample statement of claim from the new owner of a residential premises for recognition of the loss of the right to use the residential premises, eviction and deregistration of family members of the previous owner. Sample from the website of the Lefortovo District Court.

When the ownership of residential premises is transferred, family members of the previous owner lose the right to use the residential premises and the new owner has the right to demand their eviction in court. State duty to court.

When filing a claim for eviction in court, a state duty is payable in the amount of rubles for individuals and rubles, if the plaintiff is a legal entity, when filing a claim of a property nature that is not subject to assessment, as well as a claim of a non-property nature, the state duty is determined in accordance with paragraphs. In such a case, a demand is often made to deregister the defendants.

Statement of claim for deregistration.

Changing the place of residence of a citizen living in Russia or traveling abroad requires going through the deregistration procedure. Cancellation of registration in such cases is a mandatory step; therefore, it is carried out by the moving person independently or forcibly by a court decision.

Subsequently, such a citizen has the right to register at a new place of residence, obtain temporary registration, or, having left the country, not perform any further registration actions. Termination of registration at the place of residence is recorded in the registration authorities, where you should apply with a corresponding application.

Reasons for deregistration may include:. The deregistration procedure is carried out at the passport office of the management company or at any department of the Federal Migration Service, where the applicant applies with a package of necessary documents. The citizen receives the corresponding stamp in his passport within a maximum of 3 days.

Registration actions in relation to a minor under 14 years of age are carried out by a parent or a person replacing him, over 14 years of age - personally by the child himself, but with the consent of the parent representative. When visiting the passport office or FMS department, the minor provides:.

Statement of claim for deregistration

Very often a problem comes up: submitting an application is important very quickly. And, as it turns out, the urgency is so great that a career depends on timeliness. In this case, there are two options. Go to a specialist who will draw up the application correctly.

Sample from the website of the Zelenogorsk District Court of St. Petersburg. On the eviction from residential premises of persons who were moved in as a member of the owner’s family by relatives or other persons who have become former members of the owner’s family, on the grounds and conditions for the court to preserve the right to use residential premises for a former family member of the owner for a certain period of time, see

The law requires that everyone be registered at their place of residence - many, out of habit, call this propiska. And often people find themselves in a situation where they need to remove a tenant from an apartment.

You can be the full owner of the residential premises or live in it under a social tenancy agreement. But if another person is registered in your apartment, then you can forcibly remove him from the registration register only through a statement of claim in court.

In this article we will tell you how to act correctly in such a situation, and also offer a sample claim for deregistration by the owner. Maria Ivanovna has a living space in the city center.

Several years ago, she registered her nephew Vasily, who came to the city to study. Vasily graduated from college a long time ago and returned to his native village, but was not deregistered.

A sample statement of claim for recognition of the loss of the right to use residential property and deregistration of the place of residence is made by the registration authorities in.

And if during the period for which the debt arose, the co-owner did not live in the house, then the obligation to repay the debt will be assigned to the other party. Opportunity to hear clients' opinions about the services provided.

You will need to document your contribution to the loan repayment. Receiving vacation pay in addition to maternity pay. License Retail sale of cigarettes, as a type of commercial activity, is not included in the list of licensed types.

For widows' apartments in any city in the country. Accurately determine the car number based on the photo. This is because a mandatory policy only insures his liability to other people. The banner panel and the State Emblem of the Russian Federation are located in the same plane.

The need for legalization of activities will also depend on how you intend to sell the product. The organization provides information about its activities to state statistics bodies and tax authorities, founders and other persons in accordance with the legislation of the Russian Federation and this Charter.

The shift schedule is two to two with a 12-hour working day. When concluding an agreement for the purchase and sale of an apartment in installments, both the seller and the buyer have risks. The list of services does not end with the above. Well, the accounting department can’t give out everything at the moment.

This is an extremely rare scenario. Thus, during the consideration of the case by the court of first instance, the Plaintiff filed an amended statement of claim in accordance with Art. In order to easily distinguish the meters, they are painted blue and red.