Is it possible and how to discharge a convicted person from an apartment, a statement of claim for the discharge of a convicted person from an apartment (sample) 2023

The rights of citizens registered at a specific address are quite strongly protected by current legislation, and this is especially true for prison inmates.

It is for this reason that many people think about how to discharge a person who is in prison, since it is not always possible to obtain consent from him.

Is it possible

In accordance with the current legislation, it is possible to cancel the registration of a person who was at the specified address until the moment of his arrest with subsequent transfer to a place of deprivation of liberty.

In this case, the discharge of citizens is carried out based on the requirements of the following legislative acts:

• Government Decree No. 713, issued on July 17, 1995.
• Administrative regulations of the migration service, which were approved in accordance with the order of the Federal Migration Service No. 288, issued on September 11, 2012.
• Law No. 5242-1, adopted on June 24, 1993.

It is worth noting the fact that the key requirement of each of the above legislative acts is the presence of a person’s personal desire to be discharged at the specified address.

As mentioned above, the rights of those convicted by current legislation are observed especially biasedly, since the government is trying in every possible way to limit the number of people left without a specific place of residence. In this regard, even with the support of a qualified lawyer, it is unlikely that you will be able to circumvent the current legislation.

Selling an apartment and other possible reasons for eviction

In the vast majority of cases, discharge is carried out so that the family gets rid of excessive utility payments, since in some situations the terms of imprisonment turn out to be quite long, but in fact there are other scenarios, among which, in particular, it is worth highlighting the sale or exchange of real estate.

It may also be that the convict himself is far from the most pleasant person, and therefore his relatives simply want to sign him out of a certain home in order to ensure their own safety.

In all of these cases, the judicial authorities may meet the family halfway or, conversely, refuse to make a positive decision, in connection with which a huge number of different subtleties also lead to the emergence of a whole series of new issues related to the need and accessibility of deregistration of a person in places of deprivation freedom.

What the Law Says

In 2014, a bill was issued that included a proposal to register convicts directly in the place where they are serving their sentences, but this procedure should not deprive them of registration at their main place of residence. This law has not yet been adopted, but the attempt to implement it is quite indicative.

In order for the convicted person to protect himself from any unwanted actions on the part of his relatives, he is given the opportunity, at the beginning of serving his sentence, to fill out an application indicating his retention of the right to housing that belongs to him, and this document must be submitted to the administration of his home. municipality.

• The fact is that a person serving a sentence of imprisonment is deregistered, but this information is stored exclusively in the passport and visa service, and therefore relatives often hide this fact by subsequently registering new persons in the apartment.
• Sample statement of claim for ejection from an apartment of a non-owner:

How to discharge a person who is in prison

The standard option for deregistering a convicted person is to obtain voluntary consent from him, and this will be especially easy to do if the family is on good terms with this person.

It is enough for the prisoner to write a corresponding statement confirming his consent to further release. A copy of his passport is attached to this application, which must be certified by the head of the colony, after which the specified list of documents is sent to the passport office so that the person is deregistered.

If it is not possible to reach a peaceful agreement, you will have to take legal action. First of all, you will need to draw up a statement of claim and attach to it a copy of the guilty verdict, which has entered into legal force. In addition, along with the application, an extended extract from the house register and a certificate confirming the existence of ownership of the specified property are submitted.

During the trial, it is important to bring with you witnesses who can confirm the absence of the prisoner at the specified address, as well as the absence of any property rights. All this is not mandatory, but in practice it greatly increases the chances of a positive court decision.

Download the house register form

After he returns, he will have the opportunity to restore his own registration at the specified address, and if the owners sell or exchange the specified property, the former prisoner will be able to request registration at the new address.

1. Sample statement of claim to the court for removal from a municipal apartment:

Through the court

The situation with the lack of consent of the prisoner is more complicated, so in this case the discharge operation will have to be carried out in court.

In accordance with the order of the migration service No. 208, issued in 2007, the holding of a court hearing in this case does not provide for the mandatory presence of the punished person, but at the same time, many nuances may arise here that directly depend on the type of housing, as well as on the status of the convicted person, then whether he is the owner of the specified housing.

Required documents

If the convicted person agrees to be discharged from the specified address, it will be enough to provide the following package of documents to the passport office to deregister him:

• a statement from the convicted person, in which he confirms his consent to deregistration;
• a copy of the convict’s passport, certified by the colony administration;
• statement from the owner of the property, if it does not belong to the convicted person;
• owner's civil passport;
• a copy of the verdict, which in this case will serve as the basis for deregistration.

In the vast majority of cases, difficulties arise precisely with obtaining the last document, since a copy of it is issued exclusively to the parties to the case. In this case, you will need to receive it from the hands of the convicted person himself or write a corresponding statement to the court indicating a request for the issuance of this paper, as well as an explanation of the reasons why the relatives needed it. In some cases, you can even speak personally with the judge or his authorized assistants in order to obtain the necessary papers.

If the convicted person refuses to be deregistered, the deregistration will be carried out with the following package of documents attached:

• a statement of claim indicating a request to remove the convicted person from registration;
• a copy of the civil passport of the evicted person, certified by the administration;
• an extract made from the house register;
• a certificate confirming the applicant’s ownership of the specified property or a executed social tenancy agreement.

Download a sample registration agreement form

• In the vast majority of cases, the court independently requests a copy of the verdict, but it is best to try to provide it yourself along with the rest of the package of papers.
• Sample statement of claim to the court for removal from the apartment of the ex-spouse:

Duration and cost of the procedure

To ensure the convenience of citizens, authorized bodies must carry out registration actions by accepting a complete package of necessary documents in a single window, and therefore it is worth going there along with all the required papers.

The deregistration procedure itself, in accordance with current legislation, should last no more than three working days from the date of filing the application, as this is prescribed in paragraph 22 of the Administrative Regulations.

Since the service itself related to deregistration of a person is a state service, the relevant authorities do not require any payment, and the state duty in this case is not provided for by law.

Features for privatized and municipal apartments

When leaving a privatized apartment, it is important to know whether the punished person has a share in the said property.

If he is the owner, then in this case he can be discharged without consent only in court, and after his release he can restore his rights and, accordingly, resume registration, since he does not lose the right of ownership, and without his participation any Transactions with this real estate cannot be carried out.

In the same way, it is possible to cancel your registration while serving a prison sentence if the privatization of real estate was carried out after the relevant sentence was passed.

If a person who committed a crime and was punished for it by imprisonment was present during the privatization process, but refused in favor of another owner, even if the owner changes, this citizen may receive the right to use the specified housing. In other words, in such a situation, the only option for discharge is the personal consent of the prisoner.

1. The option of being discharged from municipal housing is the simplest, since this procedure can be carried out even without the consent of the person in the camp, but for this you will first need to obtain an appropriate copy of the verdict.
2. When the registration is cancelled, the relatives have the right to sell the property or exchange it, but after the person has served a specified period in prison, he will be able to obtain registration in a new home.
3. Is it possible to discharge a person? The answer is in the article.
4. The registration dates for a newborn are listed here.

Methods for discharging a convicted person from an apartment

• Situations when someone has to be evicted are not uncommon.
• Residents who have been absent for a long time, children who have left, former spouses, and people leading an antisocial life are usually removed from the register.
• A separate category of citizens are people serving time in correctional institutions.

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What are the reasons?

Most often, they are discharged in order to save themselves from the need for utility payments , because sometimes the terms of imprisonment can be very long.

However, other scenarios are also possible. Various changes occur in the life of the relatives of the convicted person, which sometimes require the sale or exchange of housing.

It may also be that the convicted person turns out to be by no means the most pleasant person and the relatives simply want to protect .

In all these cases, the convicted person may meet the family halfway , or he may refuse to do so, so a lot of nuances that arise give rise to a huge number of questions related to the need and possibilities of deregistering a person serving a sentence.

From the history of the issue

In the Soviet Union the problem was solved simply . Article 60 of the RSFSR Housing Code asserted the right of a tenant to be absent for six months. If he was absent longer, the housing was subject to alienation .

There were, of course, exceptions to the rules, but they concerned persons serving military service, or those whose long-term absence was caused by work.

The convicts did not enjoy this privilege, and it turned out that many of them simply lost their housing.

This is also reflected in the Housing Code, Article 71 of which states that the temporary absence of the tenant of the living space does not entail loss of the right to use.

Changes in legislation

In 2014, a draft law that proposed registering convicts at the place where they were serving their sentences, without deregistering them at their main place of residence.

The law has not yet been adopted , but the attempt to do so is very significant.

A convicted person, in order to protect himself from unwanted actions of relatives, must write a statement that he retains the right to living space. This document must be sent to the municipal administration .

The fact is that a person serving a sentence will be deregistered, but information about this is usually stored only in the passport and visa service , so relatives can hide and register in other people’s apartments.

Changes in legislation have largely protected convicts.

Now they can legally defend their right to housing , even if relatives managed to use the apartment at their discretion during their absence.

But what about relatives who also have the right to their own interests, and these sometimes run counter to the interests of the convicted?

The most successful and simplest way is at the convict’s own request .

a trusting relationship between him and his relatives and he does not intend to oblige the family to pay his share of utility costs, then the convicted person will be required to submit an application for deregistration and a copy of his passport , certified by the administration of the correctional institution.

These documents must be submitted to the passport office. When the term of imprisonment comes to an end, the former convict will be able to return home and restore registration .

Deregistration against the will of the convicted person

This is already more difficult, since you will have to seek an extract through the court , since, in accordance with Article 7 of the Law of the Russian Federation No. 5242-1 of June 25, 1993, it is the court decision that is the basis for removing the convicted person from the registration register.

According to FMS Order 208 of 2007, this is possible without the personal presence of the person serving the sentence.

However, a huge number of nuances are possible here, which depend on the type of housing (own or municipal) and on the status of the convicted person (owner or non-owner).

If the convicted person agrees to deregistration, the following will be required:

• statement of the convicted person;
• a copy of his passport certified by the administration;
• statement from the owner of the property (if the convicted person is not one);
• homeowner's passport;
• a copy of the verdict as a basis for deregistration.

Usually, difficulties arise in obtaining the last document, since the court can only issue a copy of the verdict to the parties to the case. The easiest way is to get it from the convicted person himself, but you can write a statement to the court asking for the papers to be issued and explaining the reasons for the need.

Sometimes it is possible to speak personally with the judge or his assistant and obtain the necessary documents .

If the convicted person refuses to be discharged, the following will be required:

• a statement of claim to the court, which sets out a request to remove the convicted person from the register;
• a copy of the convicted person’s passport, certified by the administration;
• extended extract from the house register;
• certificate of ownership of the apartment or social tenancy agreement.

Usually in such cases the court itself requests a copy of the verdict, but just in case you can be on the safe side and attach it too.

Extract from a privatized apartment

did not take part in the privatization and refused in favor of the home owner.

Citizens who refuse the privatization of housing in favor of other persons receive the right to use it even if the owner changes. This is guaranteed by the Housing Code, Art. 31, paragraph 4.

A convicted person can leave such housing only with his own consent . You will need to obtain a special form from the passport office, hand it to the person serving your sentence to fill out, and then have it certified by the administration of the institution.

If a convicted person does not want to voluntarily be deregistered for the duration of his imprisonment, this can be achieved by going to court.

Only after returning will he be able to restore registration and continue to use the apartment without ownership rights.

The convict participated in privatization and is the owner of a share in the apartment. it will not be possible to make any transactions with housing without his consent .

1. There is also one important point here: even if you manage to take a power of attorney for the sale , he will be able to subsequently challenge the transaction, saying that, for example, he was pressured.
2. Of course, this may not happen, but apartment buyers are unlikely to want to take risks .
3. The apartment was privatized already at the time the person was in the colony, and he refused privatization.
4. In this case, the convicted person can be discharged for the duration of his imprisonment, but he will still have the right to use the apartment

If the apartment is not owned, then the convicted person can be discharged only for the duration of his imprisonment .

When the sentence comes to an end, he can restore his rights to living space. Even if the previous apartment was sold or exchanged, the convicted person has the right to register in the new home, and he will not need to obtain a second permit from those living in this apartment.

it is not so easy to remove a convicted person from the register and will only be possible for the duration of the sentence.

• The state has shown concern for this category of citizens, and they do not have to worry that they will have nowhere to return after the end of their punishment.
• But the relatives of the convicted will have it much worse, since in any real estate transactions they will have to take into account the interests of a person who may not return very soon.
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How to discharge a convicted person from an apartment?

The imposition of a sentence of imprisonment for a certain period carries consequences both for the convicted person and for his relatives.

In particular, a prisoner registered in an apartment does not allow transactions with real estate, even if he is not a co-owner of the property.

When selling property, the owner must at least register everyone registered at a given address, and the prisoner himself does not always agree to such an operation, because he loses the right to return to the apartment after serving time.

Even without the sale of real estate, situations often arise when the owner of a residential property does not want a prisoner who has served time to return to this territory after prison. The issue of deregistration in such a situation can only be resolved in court.

Housing rights of convicts

Criminals have to be sent to prison, while they are deprived of their freedom, but cannot be limited in other rights. The Constitution of the Russian Federation clearly indicates the fact that criminal punishment cannot influence civil rights, including property.

Despite the fact that a prisoner's legal capacity is seriously limited, he cannot be automatically discharged from housing simply because he is in prison.

The length of the assigned period does not in any way affect the possibility of deregistering the convicted person at his permanent residence address.

Housing rights of prisoners may vary depending on the type of property ownership:

1. If the convicted person owns the premises personally, then they can deprive him of square meters only due to confiscation of property. Based on the petition of relatives, the apartment cannot be transferred to another owner.
2. Having registration in municipal housing also provides a guarantee that after serving the sentence, the released person will have somewhere to return, because no one will be able to discharge him due to his stay in prison.
3. The most controversial point is permanent registration in the apartment with another owner. As an owner, he can apply for the release of a prisoner both during the investigation and during the entire term of imprisonment.

State policy is to ensure that as few people as possible become homeless and have no permanent place of residence.

Deregistration

Decree of the Government of the Russian Federation No. 713 of July 17, 1995 provides an exhaustive list of reasons that allow a person to be deregistered. The most natural thing is considered to be the desire of the person registered to deregister at the specified address.

To do this, he personally writes a statement to the Ministry of Internal Affairs. This can be done even while in prison, but not all prisoners agree to take such a step. Losing permanent registration has serious consequences for the inmate.

After serving his sentence, he will have nowhere to return, and it is also impossible to get a job without registration.

https://www.youtube.com/watch?v=Zw8JvuM4A8I

Previously, in Resolution No. 713 there was a clause that made it possible to deprive a person of his place of permanent registration on the grounds that he was imprisoned.

Today, this item has been excluded from the general list, but other legal grounds remain on which a convicted person can be discharged from the apartment. The reasons for deregistration are justified in court, and only this authority can pronounce a verdict on the need to deregister the convicted person.

Legislative framework

The human right to housing is enshrined in the Constitution of the Russian Federation. But if we talk about more specific matters, then when a prisoner’s freedom is limited, the civil rights of a prisoner are protected by other legislative bases. Registration accounting in the Russian Federation is regulated by the following regulatory documents:

1. Administrative regulations of the Ministry of Internal Affairs, which was approved by order No. 984 of December 31, 2017.
2. Law of the Russian Federation No. 5242-1 “On the right of citizens to freedom of movement...” of June 25, 1993.
3. Decree of the Government of the Russian Federation No. 713 of July 17, 1995.

Each document contains the basics of registration and the rules for deregistration. These acts regulate the procedure for registering:

1. At your place of residence.
2. At your place of residence.

They also include an exhaustive list of reasons for discharge. The rights of prisoners and the obligation of correctional institutions to place all convicts on temporary registration at the place of serving their sentence are separately regulated.

Registration of convicted persons at the place of serving their sentence

Decree of the Government of the Russian Federation No. 713 regarding the registration of citizens for temporary registration regulates that a person who has been living for more than three months at a location other than his permanent place of registration is obliged to submit information to the authorized body of the Ministry of Internal Affairs about his address of residence.

In the case of serving a sentence, this process is transferred to the administration of institutions of the penal system.

In accordance with paragraph 14 of part 2 of the Resolution, the management of the colony is obliged to transmit information about an admitted prisoner within seven days from the moment of his transfer to prison to serve his sentence.

In accordance with paragraph 15 of Chapter 2 of the Resolution, temporary registration at the place of residence does not affect permanent registration, namely, it does not entail automatic deregistration at the old address. These two types of registration exist in parallel.

Reasons for discharge

When determining the grounds for deregistering a person, you should refer to Resolution No. 713; Chapter 5 provides an exhaustive list of them, which you can rely on when applying to deregister a person. In general cases, the grounds for deregistration from place of residence may be:

1. Death of a person.
2. Declaration of a citizen as missing by the court.
3. Detection of falsification of documents that were presented during registration.
4. Establishing the fact of unlawful actions of officials who made the decision to register this person.
5. Detection of registration fictitiousness.

Please note that all cases other than the death of a resident require a preliminary hearing. Only after a positive decision on the right to remove a person from registration is the documentation transferred to the appropriate department of the Ministry of Internal Affairs and carried out.

The court may decide to evict a person from a residential premises based on other reasons, the main thing is that they are proven. The grounds for deregistration vary depending on whether the living space is municipal or private property.

From a council apartment

When registering in a municipal apartment, a social rent agreement for the premises is concluded with a person. Regardless of whether a citizen is a responsible tenant or is simply included in the contract as a tenant, his rights will not change. All people registered in municipal housing can:

1. Use the premises for their intended purpose on an equal basis with others.
2. Give your consent or refusal to register a new tenant.
3. Request the discharge of one of the registered persons on the basis that he violates the rules of the Housing Code of the Russian Federation.

Registration in social housing gives the right to further participate in its privatization, which means receiving a certain share of the property as your undivided property.

Convicts, regardless of the size of the assigned term, cannot be discharged from a municipal apartment. They remain permanently registered until they serve their sentence completely.

From a privatized apartment

Privatized property is private property. It is disposed of by the owner of the premises at his own discretion. For this type of real estate, two factors are important:

1. Who is the actual owner or co-owner?
2. Participation in privatization or refusal from it in favor of other persons.

If the tenant was registered in a municipal apartment and at the time of its privatization remained registered in the premises, then he has rights to part of the property. Even if a citizen voluntarily renounces his share in the apartment, he can legally live in this living space for life, which means he cannot be forced out.

The situation is different when someone registered in a privatized apartment does not have any ownership rights. In this case, the owner may apply to the court to remove the convict from the register.

Going to court

In cases where a prisoner does not agree to voluntary discharge, but there are grounds for such an action, it is necessary to go to court.

Previously, there was a law that allowed, if there was only one decision to impose criminal liability in the form of imprisonment, to contact a department of the Ministry of Internal Affairs and automatically discharge the prisoner.

Today, this method has been abolished, but the possibility of resorting to forced deregistration exists.

To go to court, you need to study the principle of the procedure:

1. The applicant files a claim.
2. Documents are collected that confirm the grounds set out in the statement of claim.
3. The state fee for consideration of the case is paid.
4. The entire package of papers is submitted to the court secretary for registration.
5. A meeting will be scheduled within the period of time established by law.
6. At the end of the review, the judge will issue a verdict whether the claims are satisfied or denied.

Within 30 days, either party may appeal the decision.

Drawing up a statement of claim

Anyone who has ever gone to court to hear any cases knows that one of the most important stages is drawing up a statement of claim. It is written in a conditionally free form. It is understood that there are no established forms for a claim, but when writing it, you should still adhere to a special structure. The application must contain the following information:

1. Where the paper is sent – ​​the name of the judicial department.
2. Who is the applicant – full name, address, telephone numbers.
3. Who is the defendant?
4. A brief summary of the essence of the conflict situation. In particular, when the registered person was convicted and for what period.
5. Grounds for the discharge of a prisoner. For example, a divorce took place and the convicted person lost family relations with the owner, or the upcoming sale of property.
6. Claim.
7. List of attached documents.
8. Signature of the applicant and date of filing the claim.

A well-drafted document helps to achieve a positive decision. To write it, you can contact lawyers or attorneys who will not only help technically draft the paper, but also advise the plaintiff on the current legislative norms.

Application for recognition of the lost right to use residential premises

The application must be supported by documents that prove the legality of the grounds presented. Among them there must be a certificate of ownership. In addition, the following is attached to the claim:

1. A copy of the applicant's passport.
2. Order for the arrest of the defendant.
3. Divorce certificate.
4. Contract of sale.
5. Other papers as needed.

What is stated in the claim can be confirmed by testimony, which is first set out on paper and then confirmed by personal presence in court.

Before going to court, do not forget about the obligation to pay the state fee. Without a receipt, the secretariat will not accept the application.

When you have all the necessary documents on hand, you can safely submit it for registration.

The court's decision

The court considers claims based on two aspects:

1. Current legislative norms.
2. Established practice in this area.

The more serious work is done before filing a claim, the greater the chances of success when considering it. When deciding on the release of a prisoner, it is extremely important that he has property rights in relation to the specified living space. If he has the right to at least some part of the property, it will be impossible to write him out from there.

After the final decision is announced, the parties may appeal. If there are no objections, then after the resolution comes into force, the plaintiff has the right to contact the territorial body of the Ministry of Internal Affairs and remove the convicted person from the register.

Arbitrage practice

The Belinsky District Court of the Penza Region considered the claim for recognition of the loss of the right to reside. The plaintiff, who is the owner of the apartment, asks to discharge his own brother from the premises. The reasons for this decision are the following aspects:

1. She inherited the apartment, and her brother was simply registered in this premises.
2. The registered person appeared in this living space extremely rarely and never lived there, and accordingly, he does not have any personal belongings.
3. He never paid utility bills.
4. Today my brother is serving his sentence in a correctional colony.

• Having considered the plaintiff’s arguments and examined the documents, the court considered them sufficient to make a positive decision on the claim.
• Decision of December 1, 2017 in case No. 2-371/2017
• Application for recognition of the lost right to use residential premises

To order a sample application from a residential building without consent through the court - Legal advice in St. Petersburg

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• For residents of Moscow and Moscow Region - +7 (499) 653-60-72 Ext. 448
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Often whole families live in cottages or other residents are registered. Of course, there is no escape from conflicts—sometimes it becomes necessary to expel a person from home. But it’s one thing when the tenant doesn’t mind de-registration on his own.

And a completely different case is when consent is not obtained, even though the person lives at a different address. There is a need to remove a tenant from a private household without consent.

We will try to figure out how to act in such a situation and what difficulties the home owner will face.

The right to register belongs exclusively to the owners. At the same time, deprivation of this right, that is, discharge, can only be carried out voluntarily.

Krasnodar, st. In the indicated apartment, with my consent, xxx xxx xxx, March 13 of the year of birth is registered.

Write someone else out

Often whole families live in cottages or other residents are registered. Of course, there is no escape from conflicts—sometimes it becomes necessary to expel a person from home.

But it’s one thing when the tenant doesn’t mind de-registration on his own. And a completely different case is when consent is not obtained, even though the person lives at a different address. There is a need to remove a tenant from a private household without consent.

We will try to figure out how to act in such a situation and what difficulties the home owner will face. Grounds for removing a person from home without his consent Citizens living in Russia have an inalienable right to housing, Art. Especially in court - judges carefully study each case.

If the home owner does not have compelling evidence, the extract will be denied.

Often the whereabouts of a person are unknown, so the owner of a private home has the right to deregister the person in court. Conducting real estate transactions, sales, privatization Intending to sell a house, the owner tries to sign out family members and sign out himself.

Therefore, if there is a need to deregister a tenant of the house, but the latter refuses, the only option left is to go to court. Divorce of marriage Termination of family ties entails the ex-spouse’s expulsion from a private home.

But this is only possible if the house belongs to one spouse and is not jointly acquired property during marriage. There are options for temporary discharge. For example, persons serving compulsory military service or convicted of committing crimes.

The specified categories of citizens are discharged during their absence. This happens in case of disagreement to voluntarily deregister at the place of residence. Read the main nuances of such situations in our article, extracting a convicted person from a private home.

How to deregister a non-owner from a house without consent through the court Transferring a case to court triggers the mechanism for the forced deportation of a person. First of all, you need to find out the chances of a successful outcome of the case.

It is very difficult to cope with the assessment alone. It is always advisable to involve a practicing lawyer. By acting together with a professional, you will prepare strong grounds and will not run into a counterclaim from the defendant. Order of actions and procedure Court cases from the registration category are considered by district courts, less often by city courts.

The main purpose of going to court is to recognize the loss of the right to use residential premises. Often there is a need not only to discharge, but also to evict a person. Then the plaintiff makes two claims at once.

The notice is sent in the form of a summons from the court. Upon receipt of the notice, the defendant signs, after which the notice is sent back to the court. If the notice reaches the addressee, but no signature has been placed, the notice is considered executed.

Below is a sample of filling out a statement of claim. But it is best to contact a lawyer. Each case is individual, therefore, you need to justify your requirements and point out real life circumstances, for example, the defendant living at a different address or disturbing the peace of the residents in the house.

A lawyer will help you formulate a number of claims into one general one or draw up several statements of claim. Submitting documents to the court The collected materials are transferred to the reception office of the district city court - the secretary of the court office.

You must first pay the state fee - either at the courthouse or at the bank cash desk. Documents are checked for legal literacy. If there are no complaints, the secretary accepts the documents and issues a receipt of acceptance.

If any inaccuracies are found in the collected package, the claim will be rejected. It will be necessary to eliminate the violations and re-file the claim. Attending preliminary hearings Civil claims are considered by the district court within 2 months p.

Once the case is underway, the judge will set a date and time for a preliminary hearing. The owner of a private house has the right to petition the court to send judicial requests to the authorities.

For example, for an extract from the Unified State Register or to government authorities at the place of registration of the house. Usually this is the Pension Fund, clinic, insurance, passport office, housing office, post office, etc. Participation at the main hearings The presence of the plaintiff or his representative lawyer is mandatory.

The judge makes a decision based on the evidence provided and taking into account the competitive nature of the parties at the hearing. Receiving the final court decision A court decision in person or in absentia comes into force no earlier than a month from the date of the end of the hearing.

An additional 7 days may be assigned. Time is given for the defendant to appeal the court decision, Art. If there is no appeal, the plaintiff will be able to obtain a copy of the court order from the office. Extract from a private household The final stage is affixing stamps to deregister a person from the house.

There are alternative options for deregistration from a private home - through the State Services portal, through a representative, or simultaneously with registration in a new place. Statement of claim for expulsion from a private home without consent Valid reasons for expelling a person from home without consent are drawn up in the form of a statement of claim.

We strongly recommend that you draw up your claim together with a lawyer, otherwise there is a risk of making mistakes. Contents of the statement of claim: Below is the price of the claim, 0 rubles, and the amount of the state duty about it is slightly lower. The main part of the application is the full name of the plaintiff, the location of the private house, information about the defendant’s registration date and year.

Point out the long absence of the defendant from the house, the absence of obstacles from the plaintiff and his family members, the absence of the defendant’s personal belongings in the house, debts or neglect of household duties.

Provide evidence with reference to articles of housing, civil and family legislation. The requirement for the court is to recognize the defendant’s right to use the residential premises as lost.

List of document attachments to the statement of claim. Download a sample claim to recognize a person as having lost the right to use a private house. Important importance is given to the claims of the owner. It is on their basis that a strategy for protecting interests is built. For example, an extract from a private house through the court requires evidence of the person’s absence from his place of registration.

Required documents The application submitted by the plaintiff is accompanied by documents. Judges pay attention to those that contain evidence in favor of the applicant's claims. Therefore, collecting documents is a rather responsible task, on which the outcome of the trial depends.

The list of documents is as follows: A package of documents is submitted along with the statement of claim. If something is missing, the secretary of the office will report it. It will be necessary to provide the missing documents and submit the package to the court for consideration. Please note that the statement of claim and documents are submitted in at least 2 copies, and if there are more defendants, then a copy for each of them.

After receiving the documents, the secretary of the chancery sends copies to the defendants - notification of the transfer of the case to court. Time limits for discharge It is impossible to give an unambiguous answer about the time for court proceedings. There may be several court hearings - then the discharge from home will last for up to six months or a year.

Main terms: Consideration of a claim - from 5 days to 2 months. Preliminary and main hearings – up to 1 month. The time to appeal is 1 month.

There are cases where the defendant filed endless complaints, thereby delaying the trial. Such liberties occur if the plaintiff acts independently, without involving a lawyer.

And, on the contrary, by entrusting the management of your business to a competent specialist, you don’t have to worry about the result. Even if the opponent wants to drag out the case, the lawyer will do everything possible to prevent procedural violations, which he will inform the court about.

Discharge a person from an apartment without his consent

Instructions for owners on how to forcibly expel a person from an apartment The article was updated on October 5. I specialize in expelling citizens in court. This is expressly stated in paragraph.

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

Application to court to discharge a person

Peculiarities of a claim for deregistration of a tenant from a municipal apartment A claim for deregistration from an apartment is a legal opportunity for the court to remove a tenant from the registration register. After all, deregistration of a person registered in an apartment without his consent is possible only through the court.

This article will answer the question of how to correctly draw up a claim for exclusion from an apartment, a sample of which will be presented in the text. Claim for the discharge of a tenant by the owner of the apartment The owner of the apartment can discharge the tenant if he does not have a family relationship with him.

Before filing a claim for eviction from an apartment through the court, it would be a good idea to send the tenant a notice in any form about the need to voluntarily vacate the premises and check out within the allotted time frame.

Statement of claim for discharge from the apartment

How much does it cost? Can an apartment owner deregister a temporarily registered person or entity with permanent registration? Law of the Russian Federation No. To control such migrations, they created a registration system in which you need to notify the relevant authorities each time you move.

Lawyers note that it is much easier to register than to be discharged - the procedure for discharge from housing is characterized by great difficulties and controversial issues. In this article we will look at how to discharge a person from an apartment.

Discharge of a tenant without his presence How to properly discharge a person from an apartment without his presence? This is possible by: If the tenant is located outside the Russian Federation, then he has the right to contact the passport office via mail with an application for deregistration.

How to discharge a person from an apartment without his consent? Extracts from the owner’s apartment without the consent of a forcibly registered person may be required for the following reasons:

Statement of claim for removal from the apartment

Free copies are over! Access the mind map here. As a general rule, the Statement of Claim is filed with the district city court at the defendant’s place of residence. If you know the actual place of residence of the defendant, then file a claim with the court at his place of residence.

How to discharge a person if it is not known where he is? I am the owner of the house.

How to discharge a person from an apartment without his consent? Is it possible?..

How to write a statement of claim for eviction from an apartment in 2023

How to discharge a person from an apartment who refused privatization? A person who refuses to privatize housing retains the right to reside and use it indefinitely.

Even if the owner changes, it is almost impossible to check him out of the apartment. The only option left is when the conditions established for a municipal apartment are met (read below).

How to discharge adult children You can discharge an adult child from an apartment only if the following conditions are met:

Can an owner expel a person registered in his apartment without consent?

In many cases, deregistration of a person who no longer lives in the apartment is required. Let's take a closer look at how to discharge a person from an apartment and what methods are used for this. Register or register?

How to remove someone from your home without consent

But the plaintiff refers to the norms of housing law. As documents for the apartment, a copy of the rental agreement and a copy of the family composition certificate are attached.

How the procedure for deregistration is carried out Court proceedings on forced deregistration are carried out with the participation of the plaintiff and the defendant. Participants in the process must be bearers of objective duties and rights.

That is, the applicant must have grounds confirming the rights to the apartment. The lack of documents confirming ownership does not allow filing a claim in court.

Their list is quite long: Housing is used by a registered citizen for other purposes; The tenant caused damage to the property or the building itself; The tenant creates a danger both for the citizens living with him and for other residents of the house; The citizen being discharged has committed an offense against the owner or other occupants; The terms of the accommodation agreement, lease agreement or other documents were violated; If after divorce the spouses can no longer live together; If the apartment was sold or donated. Info As you can see, most cases of eviction of a citizen are related precisely to the fact that he himself is to blame and has committed some kind of offense. And it is in these cases that you need to file a claim to remove the unscrupulous tenant from the apartment. However, it should be remembered that only the owner or law enforcement agencies can evict a citizen.

Extract from housing through the court: For voluntary deregistration, it is sufficient for a mutual application from the owner of the apartment, the responsible tenant and the one who plans to be discharged, submitted to the authorities that carry out registration at the place of residence.

However, what about those who do not want to voluntarily be discharged from housing? Let's find out! This term is widely used in everyday life, however, when using it, people do not always fully understand its meaning.

In fact, a person becomes a user of a property, while the owner of such a property owns the entire complex of property rights, namely: In other words, when filing a claim in court, the essence of the claim will be to deprive the person of the right to use housing, by removing him from registration at his place of residence.

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