Objection to a claim for eviction from a residential premises, apartment (sample)

Eviction of a citizen can only be carried out in court. As an exception, situations with real estate acquired with a mortgage loan and administrative assignment with the sanction of the prosecutor are accepted.

The latter is considered relevant in the event of a corresponding decision on the demolition of an emergency building, which is opposed by the owner of the living space, refusing to leave the apartment, which jeopardizes his life and health.

Therefore, in order to carry out specific actions through the court, he will first need to confirm the existence of sufficient grounds, be it:

• debts: on a mortgage, for housing and communal services, under a rental agreement;
• destruction or damage to real estate;
• carrying out redevelopment or any other repair activities without the consent of the owner, which entailed the risk of collapse;
• ignoring the interests and rights of other residents;
• amoral behavior;
• non-compliance with the requirements of living in a hostel.

If an independent settlement of the issue on a voluntary basis does not lead to anything, and the tenants continue to violate the established norms, then they can be forcibly evicted from the living space.

But the owner’s position is not always so categorical that it is impossible to challenge it. It is in such a situation that the defendant can file an objection to the claims.

Jurisdiction

Filing of claims to recognize the situation with the violator as falling under the regulations of regulatory legal acts is carried out in the district court at the place of registration of the defendant. Typically, the address coincides with the location of the property.

The key mistake many plaintiffs make is that they incorrectly determine where to file their claim. As a result: civil servants refuse to satisfy the application, the state fee is not compensated, nor is the time spent.

Therefore, it is so important to pay special attention to the jurisdiction of the case.

If, after the decision is made, one of the parties decides to raise an objection to the cassation submission, it can send an appeal to a higher authority.

The Supreme Court, whose panel has the right to review previously adopted decisions, is the “final” point of consideration of the conflict. His verdict is considered final and cannot be changed.

Rules and procedure for filing an objection

The norms of civil law require an identical procedure for filing all claims - the same is true for objecting to a claim for eviction from a residential premises.

When submitting, you must adhere to the following rules:

1. Disagreement is sent to the court in which the owner’s application is being considered.
2. The defendant is given the opportunity to independently choose the filing option: this can be done either in person through a secretary or by registered mail using postal services. In the second case, the document must be sent in advance.
3. An objection can be filed throughout the entire process: at the preparatory stage or during the hearing of the opinions of the parties to the conflict. The second option is relevant for cases when a citizen primarily pursues the goal of delaying the decision on eviction.
4. Timely filing of an objection allows you to fully ensure the protection of your own rights and interests. This is especially significant if there are arguments in favor of the position being presented.

If there are difficulties with the evidence, then a disagreement should still be written. At the very least, this will delay the actual eviction - there will be time to collect things, find a new living space and settle other significant issues.

How to properly draft an objection to a claim?

When drawing up a document, it is necessary to comply with the provisions of Art. 131 of the Civil Procedure Code of the Russian Federation.

According to its provisions and individual points from actual practice, the following rules are standardly identified in accordance with which an objection must be drawn up:

• The circumstances set out in the text of the objection must relate to the current conflict between the plaintiff and the defendant.

So, if the first person wants to evict citizens from a hostel due to high debts to housing and communal services, the violator can give valid reasons as an excuse, be it a serious illness, the presence of several children, layoffs at the enterprise - anything that will allow the court to refuse the plaintiff’s request. ;

It is important to remember that an objection is not a claim with a response or a counterclaim - these are completely different documents.

A claim with a withdrawal allows you to clarify individual circumstances of the dispute if the defendant agrees with the general picture outlined by the applicant.

For example, if the owner makes claims against the tenants for non-payment of rent, the tenants have the right to file an application for compensation for damage to property.

The text of the document must be in an official business style.	No emotional additions, unnecessary opinions or other “fluff” - all this can be perceived by an authorized person as disrespect for the court.
Points with which the defendant disagrees must be supported by references to the relevant positions	currently relevant regulatory legal acts of Russian legislation.
It is not necessary to directly object to the applicant’s claims -	the person being evicted can reflect in the document additional factors that may become significant in determining the final result and making a decision on the dispute from an objective perspective.

A correctly formed objection allows you to achieve the optimal option for the defending party in a particular situation.

Structure and general content of the document

A sample objection to a statement of claim for eviction from a residential premises and deregistration can be found at the information stand in the department where the case is being considered.

The standard structure and general content of the document is as follows:

• Introductory part. In the upper right corner of the sheet the name of the judicial body to which the request is sent, as well as the personal data of the plaintiff and defendant, is indicated. Additionally, the applicant can enter contact information: telephone number, fax number or email address.
• Descriptive part. This section begins with the title of the document, after which significant circumstances that prevent the claim from being fully satisfied are stated.

It is this block that will become decisive for the court, so it is recommended to clarify the situation under consideration in order to identify additional factors that will help mitigate the decision of the authorized persons. If possible, each argument must be supported by supporting documents.

• Final part. As a conclusion of all the information provided above, the applicant must write down the essence of the request. In this case, it is necessary to point out that it is mandatory to attach the objection to the materials of the civil case.

Additionally, the citizen should write down an exact list of documents that are attached to the objection as confirming the described positions.

Finally, the date of compilation is placed (on the left side) and a signature with a transcript (on the right side).

Conclusion

As real practice shows, most of the objections to eviction come from former members of the owner’s family. It’s very easy to avoid this - just draw up a marriage contract.

And yet, such an initiative does not always relieve the citizen from possible unreasonable demands. Therefore, knowledge of at least the general points on how to formalize disagreement will allow you to ensure the protection of your own rights and interests.

Objection to the claim

The defendant, having received the statement of claim, has his own opinion about what is set out in this document.
In order to convey to the court your point of view on the case and on what is stated in the claim, it is necessary to prepare an objection to the statement of claim.

What is an objection to a statement of claim?
An objection to a statement of claim, also called a response to a claim, is prepared in writing. When preparing an objection to a statement of claim, the claim itself is taken as a basis. It is necessary to determine what is stated in the statement of claim not accurately, not reliably, and what circumstances are not based on the law.

An objection or response to a statement of claim, like the statement of claim itself, must be based on the norms of the current legislation.
In a response to the statement of claim, it is necessary to refer to evidence that will confirm the arguments set out in this document. The arguments for objecting to the statement of claim should be limited to ensuring that the court refuses to satisfy the claims.

An objection to a statement of claim and a response to a statement of claim should be distinguished from a counterclaim - these are different procedural documents.
The objection to the statement of claim contains arguments that should have such an influence on the court that it refuses to satisfy the statement of claim.

Response to the statement of claim - a written explanation of the defendant regarding the stated statement of claim.

My father, Sergei Semenovich Ivanov, filed a claim with the Babushkinsky District Court of Moscow to evict me and my minor son, as well as to deregister us.

I consider the claims of Sergei Semenovich Ivanov illegal, unfounded and not subject to satisfaction on the basis of the following.

Ivanov Sergey Semenovich is the owner of the disputed apartment located at the address: Moscow, st.
Pilotchika Babushkina, building XX, apt. XX. I was moved into the apartment as a member of the owner’s family and registered in it in accordance with the procedure established by law.

I was registered as a permanent resident in the disputed apartment based on a written statement from my father Sergei Semenovich Ivanov.
The fact of registration in the apartment located at the address: Moscow, st. Pilotchika Babushkina, building XX, apt. XX, confirmed by an extract from the house register.

From the moment I actually moved into the apartment, in 2000-2001, I have been living in it to the present day. I have no other place to live permanently.

On April 2, 2005, my son was born - Ivanov Alexander Igorevich. From the moment of his birth to the present, he actually lives with me in the disputed apartment. Since May 15, 2005, he has been registered in the specified apartment.

From the moment I actually moved into the apartment until now, that is, for more than 12 years, I have been paying the utility bills alone.

In this regard, I believe that there are no legal grounds for removing me and my minor son from registration and eviction from the disputed residential premises.

In accordance with Art. 288 of the Civil Code of the Russian Federation, the owner of a residential premises can use it for personal residence and residence of his family members.
By virtue of Art. 292 of the Civil Code of the Russian Federation, members of the owner’s family living in residential premises belonging to him have the right to use this residential premises under the conditions provided for by housing legislation.

By virtue of Part 1 of Article 31 of the Housing Code of the Russian Federation, family members of the owner of a residential premises include his spouse living together with this owner in the residential premises he owns, as well as the children and parents of this owner.

Other relatives, disabled dependents and, in exceptional cases, other citizens may be recognized as members of the owner’s family if they are settled by the owner as members of his family.

As follows from Part 2 of this article, family members of the owner of a residential premises have the right to use this residential premises on an equal basis with its owner, unless otherwise established by agreement between the owner and members of his family. Family members of the owner of a residential premises are obliged to use this residential premises for its intended purpose and ensure its safety.

Based on the above, I ask that the claims of Sergei Semenovich Ivanov, me and my minor son for eviction and deregistration, be denied in full.

Sample claim for eviction from residential premises

An eviction application may be necessary when other possibilities have been exhausted to somehow influence the development of an undesirable situation. Unfavorable life events, such as divorce, the inability to reach an agreement in an amicable way, provoke a worsening of the situation. If the former spouses cannot reach an understanding, then often one of them begins to look for a sample statement of claim for eviction from the apartment. Of course, the need to resort to extreme measures cannot please anyone. However, to achieve a satisfactory result, you need to enlist the support of loved ones and properly study the relevant legal issues. By acting competently and consistently, you can achieve very impressive results.

Statement of claim for eviction from an apartment or other residential premises: sample, jurisdiction

The Defendant in this case has not been working for a long time, and also constantly abuses alcohol. Due to his lack of funds, the Defendant began to remove property from the above apartment.

In this part of the statement of claim, provide examples of the indicated cases of violations of the rights of persons living in this apartment. As a result of violation of the rules of joint residence, indicate the surname and initials of the rules of joint residence, police officers were called to the above apartment more than once.

In this regard, indicate the surname and initials was warned about the possibility of eviction from the residential premises - an apartment, which is located at the address: indicate the location. According to the Plaintiff, due to the fact that indicate the surname and initials maliciously violates the rules of cohabitation in the apartment, the Defendant in this case thereby making it impossible for other persons to live with him in the same apartment.

Based on the above and guided by Art. Summon the following citizens to the court hearing as witnesses to give explanations: indicate the surname and initials of the witnesses, their place of residence. Attachments list the necessary documents proving your claims 1.

A copy of the statement of claim for the Defendant according to the number of defendants. The original certificate of family composition, as well as its copy.

Document: receipt, stamp for payment of state duty in the amount of rubles. Documents that confirm the fact that a warning was issued to the Defendant in this case about the need to stop violating the use of residential premises. Application Filing Date: Eviction Lawyer The submitted statement of claim is a sample.

Remember your case is individual. In order to draw up a claim for a specific case, it is necessary to take into account all the nuances. Make an appointment for a consultation by phone. It is best to entrust the preparation of a statement of claim for eviction to a practicing lawyer - an attorney.

Feedback on the eviction claim

Home Claim for eviction without provision of other residential premises sample Claim for eviction without provision of other residential premises sample Claim for eviction without provision of other residential premises sample and get a free consultation within 5 minutes. There are legal grounds for this, which are applied only by the court. Only a court can evict a person from a residential premises! Surprising but true!

Eviction from a residential premises occurs in several stages: Preparation of documents for eviction. Warning tenants about the possibility of eviction.

Eviction by court Statement of claim for eviction from a residential premises Written by manager A property dispute is a situation in which a citizen is evicted through the court.

Extract from a private home Where to submit after compilation? Rights of those registered In fact, this is a mistaken opinion, and registration does not affect the ownership of an apartment in any way.

All that a stamp in a passport, which contains the address of a particular place of residence, gives is the right to live at that address.

Objection to the statement of claim for termination of the right to use residential premises and for eviction

Sample claim for eviction from residential premises June 21 at People complain about violation of their civil rights quite often, but they do not take the main step to protect their rights - they do not go to court. But the drawing up and subsequent submission of a statement of claim to the court is the only legal and effective step towards asserting one’s rights.

The development of any legal process begins with the filing of a claim. This is the main procedural document that contributes to the initiation of judicial activity, but only if it is drawn up in strict accordance with the procedural law - in the form of a statement of claim.

The reasons that can lead to loss of place of residence may be: When going to court, it is necessary to take into account such a significant aspect as the legal status of housing, since in this case the procedures for depriving housing that is privately owned or on the balance of the municipality are different. The legislation also provides for the possibility of involuntary loss of housing.

Eviction of a former family member by the owner

Statement of claim for eviction from residential premises sample and rules for drafting Published by Consultant Lawyer A statement of claim for eviction from residential premises is an official document submitted to the courts for the purpose of eviction of illegally residing individuals from residential premises owned by the plaintiff.

Eviction can be carried out if there are legal grounds.

The grounds for forced eviction may be the following: - loss of the right to use residential premises, - termination of an agreement or other agreement allowing the evicte to temporarily reside in disputed residential premises, - termination of the evicted person’s ownership of the premises in which he lived, - transfer of ownership of premises where the evicted person lives - recognition of illegal residence in residential premises - other grounds. In order to achieve this goal, it is necessary to comply with the requirements for such documents. In order not to “reinvent the wheel,” you can initially take a standard sample statement of claim for eviction and modify it to suit your situation.

Sample claim for eviction from residential premises Grounds for eviction of a person from an apartment The procedure is closely related to eviction from an apartment.

Eviction from an apartment Eviction from a residential premises is possible only on the basis of a court decision. According to Art. If he refuses to do this, the owner can file a lawsuit for eviction. Depending on whether it is a private apartment, municipal, service or mortgage, the plaintiff refers to the relevant laws and regulations.

Statement of claim for eviction from an apartment or other residential premises: sample, jurisdiction

Statement of claim for eviction - Bar Association Partner Statement of claim for eviction from an apartment A statement of claim for eviction from an apartment must always be preceded by a claim, in accordance with Art. A claim means a proposal to vacate the occupied property within the time period established by the owner.

However, if the contract between the tenant and the owner was oral, it will be difficult to claim any type of damages.

Judicial practice on the eviction of temporary tenants

Statute of limitations for eviction cases Statement of claim for eviction of a temporary tenant In the event of a citizen’s refusal to voluntarily vacate the premises, the correct way to protect the rights of the owner and tenant would be a statement of claim for eviction of a temporary tenant.

Often this is the only way to achieve enforcement of a court decision by specially authorized authorities. This means that the plaintiff whose interests are violated by the residence of a temporary tenant has a better chance of achieving a result: to evict the temporary tenant from the premises.

Applying to the court with such a claim is possible if several conditions are met. And in this article we will talk about the nuances, the observance of which facilitates the consideration of a housing dispute case by the court without delay and clarification of additional circumstances.

Additional questions can be asked to the site’s lawyer on duty, and the posted example of a statement of claim for the eviction of temporary residents will help draw up a document in accordance with Art. Baevo, st.

How to correctly write an application for eviction from a residential premises? There are a number of conditions that must be met.

But, as a rule, such a requirement is not news to the addressee. What should the notice look like, who sends it and how does it deliver it, what should I do if such documents are served? We have answered these and other pressing questions below.

Dispute regarding eviction from residential premises (based on the jurisprudence of the Moscow City Court)

Read about the specifics of expulsion from a service and communal apartment, as well as eviction for debts, on our website.

What needs to be taken into account when compiling? If we talk about the eviction of any person living in a particular premises, then we should remember that this can only be done by a court decision.

And the outcome of the entire case will depend on a well-drafted application, since it is impossible to file a claim in court several times against the same person under the current legislation.

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

The document must be drawn up in accordance with civil and civil procedural laws.

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. 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.

We will help you understand what is happening, choose the right course of action, and tell you how to file a lawsuit yourself. Drawing up statements of claim, responses to the court on eviction issues We will draw up a statement of claim, form an evidence base, tell you how to pay the fee and how to file a claim in court.

Conducting cases in court, representation in eviction cases. We will represent interests in all court hearings in the district court, as well as courts of appeal and cassation, if necessary.

Eviction from a residential premises The eviction of a former spouse or other family member, their deregistration by the owner of the residential premises, is a forced measure.

As a rule, people who have divorced their marriage turn to us for help, but are faced with the fact that their ex-spouse refuses to leave the apartment on his own, or maintains his registration in the residential premises without responding to the requests of the owner. Many people put off solving this problem and don’t even notice how they spend a lot of resources every day living in difficult and sometimes simply unbearable conditions.

In order to go to court, it is necessary to draw up claims as correctly as possible: they must strictly comply with the current civil procedural legislation. Otherwise, the court will be forced to either refuse the claim or leave it without consideration. The claim must be filed with the judicial authority at the place of registration of the property.

Sample response to a statement of claim for eviction

To find a sample for withdrawing a statement of claim from an arbitration court, just visit our online portal, whose specialists will be happy to provide assistance and answer any questions.

How to correctly write a review or objection to a statement of claim? By submitting a response to the statement of claim, we can expect that our objections to the subject of the trial will be heard and considered in advance by the court.

Objection to the cassation submission. Let's look at the difference before using the sample application.

Eviction claims are our specialty. Sample statement of claim for debt collection from a member of SNT. Sample statements of claim for housing disputes. How to correctly draft an objection to an eviction claim, rules and procedure for filing, sample What is an “objection to a statement of claim.”

The procedure for sending a response to a claim for eviction

Why do you need a notice of eviction from a residential premises? The form of the document “Objection to the claim for eviction” belongs to the heading “Objection”.

If the statement of claim is filed in accordance with all the rules, the court will in any case schedule a preparatory hearing.

Now let's talk about how to independently prepare a procedural objection and state the position of the defendant in it. evict your ex-spouse from the apartment.

Feedback to the court on a statement of claim in arbitration proceedings.

Feedback on the statement of claim | Scroll: review (sample)

Statement of claim to the magistrates' court (sample). Drawing up a statement of claim for eviction from an apartment (sample). In his statement of claim, the Plaintiff cites untenable arguments and unreliable facts.

No one has commented on this article yet, if not you, then who will leave feedback or advice?

The legal process begins with writing a statement of claim. How to write a response to a statement of claim in a civil case, what information needs to be included in a written response, is it necessary to prepare one? A response to the statement of claim is often a way to protect the defendant from claims brought against him in court. Sample statement of claim for eviction from a residential premises.

To be honest, this process is absolutely simple. Eviction from a living space is a rather severe measure, so the courts object to the statement of claim. The court accepted the application and scheduled a preliminary hearing.

Place of residence is the place - child support for an adult child and child support for a student. Objection to the claim. response to the statement of claim.

Situation: I am a pensioner, I own an apartment under a privatization agreement, I have 3 adult children.

How to draw up a statement of claim to the court sample 2018

Next, in the middle, we write a Response to the Statement of Claim. A sample statement of claim for the eviction of illegally residing persons from an apartment is in the article.

The child’s right to live together with his parents is enshrined in paragraph 2 of Art. 54 of the Family Code of the Russian Federation. Sample letter of recommendation for applicant.

During the trial, the defendant or other interested party may express disagreement with the requirements of the statement of claim, for which purpose they must write a response to it according to a certain sample. Sample (form) of response to a statement of claim. Before filing a statement of claim in court, you should familiarize yourself with the basic rules for filling it out.

Sample statement of claim for withdrawal of claim.

A statement of claim is a document, a written demand. In the vast majority of cases, a claim is initiated. Based on the Family Code of the Russian Federation, your husband will have to pay alimony for the child, and also participate in paying the costs of his treatment. In the proceedings of the district court.

In Novosibirsk there is a civil case regarding a claim by Full Name 1, Full Name 2 against the Homeowners Association “Name” for compensation for damage caused by flooding. A response to a statement of claim is a written explanation from the defendant regarding the stated statement of claim. Objections regarding claims.

RESPONSE to the statement of claim about _ (the name of the claim is usually indicated in the title of the statement of claim).

There is no need to worry whether you did everything correctly and whether the document you compiled will be accepted by the relevant authorities. Tags: Help in drawing up a statement of claim to the court Help in drawing up a statement of claim to the court in SP St. Petersburg St. Petersburg Leningrad Region Help in drawing up a statement of claim to the court.

In order not to look for a sample withdrawal of a claim or a sample application for the return of a statement of claim, we have prepared for you a designer of applications for the return of a statement of claim.

Check out our court cases, ask a lawyer a question online and trust this sample statement of claim for the recovery of property will be useful to you.

• Plaintiff ZAO Damascus Steel and Partners.
• Objections to eviction claims
• Response to the statement of claim.

Claim for divorce in the presence of minor children

The judge is kind of strange... during the conversation he says you better consult with your friends and clarify your requirements in the statement of claim. FSUE Ompo "Irtysh" filed a lawsuit against me and my family members demanding eviction from the hostel at the address: Omsk, st.

In the application for withdrawal of the statement of claim, it is advisable to indicate the reason for the refusal of the original statement of claim. The claim must contain the main essence of the dispute, as well as the factual and legal grounds for eviction and a list of claims that the plaintiff makes against the defendant. Statement of claim for recovery of funds spent on Claim price: 50,000 rubles.

The response to the statement of claim is drawn up in writing in 2 copies: 1 to the court, 1 to the Plaintiff.

They filed a claim with the arbitration court. Features of drawing up a statement of claim for divorce without children (2018 sample). Sample objection to a claim for eviction from a residential premises.

Sample objection to a statement of claim.

Sample objections to a statement of claim. Sample example of a response to a statement of claim for eviction from a hostel. I wrote a statement of claim and referred to Art. 31 clause 4 of the Housing Code of the Russian Federation.

Which court should I file for divorce if I have children and how to file? Google the topic: a sample statement of claim to recognize a former family member as having lost the right to use residential premises.

The withdrawal of a statement of claim by the plaintiff, a sample of which is presented below, can be done by filing various documents and petitions, it all depends on the stage of the case at which the plaintiff made such a fateful decision.

And he wrote a separate statement from a third party that he supported the plaintiff’s demands in full. I, Svetlana Viktorovna Bogacheva, am registered and permanently reside in I insist on her eviction from the apartment.

A sample statement of claim for the eviction of a former family member of the owner of a residential premises, taking into account the latest changes. A sample statement of claim to the court for eviction from a municipal apartment, see here. Model administrative claim against false judges of the Russian Federation.

Objection to a claim for eviction from an apartment

In the Leninsky District Court of Ulyanovsk, Ulyanovsk Region, you can draw up a statement of claim for restoration of parental rights yourself using the sample. A sample statement of claim to the court for the eviction of a former spouse, termination of the right to use residential premises.

Samples (drawing examples): - statement of claim for eviction from a residential premises (on the basis of Article 91 of the Housing Code of the Russian Federation). Based on the purchase and sale agreement No. ___ dated... counterclaim. claims have been filed against me, Petrov... by my mother Anna Petrov...

about eviction from a residential premises on the street... in the city... with a young daughter, born. How to write a response to a statement of claim.

Perhaps the form of claim you need to evict your ex-spouse does not exist. I filed a lawsuit to evict my ex-husband in the district court.

Lawyer's answer: if you are registered in the apartment, but it does not belong to you, then you need to write a response to the statement of claim that was filed against you and your son. Resolving the issue of accepting a claim (application, complaint) for consideration. A response to a statement of claim is a reasoned objection. Nuances of filing a claim for divorce through court with children in 2018 (sample).

Response to the statement of claim, sample and example, form, template

In order to draw up a competent statement of claim, I strongly recommend that you contact your lawyer or a lawyer, from this the claim to the court must contain the mandatory information, this is: The name of the judicial body; Information about the plaintiff and defendant The statement of claim does not have an exact template, but there are specific data that need to be indicated: the name of the organization where the application is being submitted; information about parents, their passport details; information about the decision to provide benefits, its amount Eviction from a municipal apartment.

Secrets of a lawyer: how to write your own response to a statement of claim. Sample application, statement of claim renunciation of paternity. what laws to refer to in a statement of claim for eviction from an apartment and what documents to attach. A typical example of a response to a claim for eviction on our website. Sample statement of claim for divorce (2017).

Objection to the eviction claim

The court is considering a case regarding the claim of the plaintiff against the defendants for the eviction of the applicant and his family members from a dilapidated house with the provision of other living quarters. The applicant considers the demands set out in the statement of claim not to be satisfied. The applicant requests that the plaintiff's claims be denied in full.

• In ________________ city courtAddress: _______________________
• From the Defendant: _____________________Address: _______________________
• Case No. _______________
• Objection to the claim

The ______________ city court is processing case No. __________ on the claim of the Administration of the Municipal District of _________________ against __________________, _________________, _______________, _____________, acting in the interests of minor children _______________ __________________, for the eviction of me and my family members from a dilapidated house with the provision of other living quarters. I consider the requirements , set out in the statement of claim, are not subject to satisfaction for the following reasons.

I and my family members are registered and live in an apartment located at the address: ___________________________________. In accordance with Art. 69 of the Housing Code of the Russian Federation, family members of a tenant of residential premises under a social tenancy agreement include his spouse living with him, as well as the children and parents of this tenant.

Other relatives and disabled dependents are recognized as family members of the tenant of the residential premises under a social tenancy agreement if they are settled by the tenant as members of his family and run a common household with him.

In exceptional cases, other persons may be recognized as family members of the tenant of a residential premises under a social tenancy agreement in court.

Despite the fact that ________________ was moved into the above-mentioned apartment as a member of my family, at present she is not a member of my family, since the marriage between us was dissolved on __________, which is confirmed by the divorce certificate I-HA No. _________ dated ____________.

Thus, at present we are actually different families and live together in an apartment with a total area of ​​____ sq.m. becomes increasingly problematic and creates many conflicts.

As a result of emerging disagreements and constant difficulties in mutual understanding, my minor grandchildren are forced to be in a tense environment, which clearly does not contribute to their full development.

50 of the Housing Code of the Russian Federation, the norm for the provision of residential space under a social tenancy agreement (hereinafter referred to as the provision norm) is the minimum size of the residential premises, on the basis of which the size of the total area of ​​residential premises provided under a social tenancy agreement is determined.

The provision rate is established by the local government depending on the level of provision of residential premises provided under social tenancy agreements achieved in the relevant municipality and other factors.

The accounting norm for the area of ​​residential premises (hereinafter referred to as the accounting norm) is the minimum size of the area of ​​​​living premises, on the basis of which the level of provision of citizens with the total area of ​​​​living premises is determined in order to register them as those in need of residential premises. The accounting norm is established by the local government body.

The size of such a norm cannot exceed the size of the provision norm established by this body. In a letter from the Department of Construction and Architecture of the Administration of the Vladimir Region, which was received at my address on _________, it is stated that the norm for the provision of total area in the city of _____________ has been approved in the amount of ___ to ___ sq.m. per family member.

Thus, even based on the minimum size of the norm, our family of 6 people is entitled to an apartment with a total area of ​​at least ___ sq.m. In its statement of claim, the Plaintiff refers to Article 86 of the Housing Code of the Russian Federation, which establishes the following. If the house in which the residential premises occupied under a social tenancy agreement is located is subject to demolition, the citizens evicted from it by the state authority or local government body that made the decision to demolish such a house are provided with other comfortable residential premises under social tenancy agreements.

However, the Plaintiff’s reference to this article cannot be taken into account, since the provision of an apartment with a total area of ​​____ sq.m. for a family of 6 people is not the provision of comfortable housing.

Currently, I intend to exercise my right to improve my living conditions by applying to local authorities with an application to register as those in need of residential premises. Neither I nor my family members have the opportunity to purchase housing on their own due to their difficult financial situation.

Low-income people and other citizens specified in the law who need housing are provided with it free of charge or for an affordable fee from state, municipal and other housing funds in accordance with the norms established by law.

In accordance with Article 11 of the Housing Code of the Russian Federation, the protection of violated housing rights is carried out by the court in accordance with the jurisdiction of cases established by procedural legislation. The objects of protection are the rights and freedoms of citizens, as well as their legitimate interests.

Moreover, these are, first of all, constitutional rights and freedoms, as the most important and fundamental. By protecting these rights, the state confirms their highest value, inalienability and guarantee.

1. Thus, the claims made by the Plaintiff violate my constitutional rights and the rights of my family members and therefore cannot be satisfied.
2. In accordance with Art. 149 of the Civil Procedure Code of the Russian Federation, when preparing a case for trial, the defendant or his representative: 1) clarifies the plaintiff’s claims and the factual basis for these claims; 2) presents to the plaintiff or his representative and the court objections in writing regarding the claims; 3) transfers them to the plaintiff or to his representative and the judge evidence substantiating the objections to the claim;
3. 4) submits petitions to the judge to obtain evidence that he cannot obtain independently without the help of the court.

Based on the above, guided by art. Art. 149 of the Civil Procedure Code of the Russian Federation,

• I beg:
• Refuse the Plaintiff to satisfy the stated demands in full.
• "_____" ________________G. _________________________________________

Legal services: objection to the statement of claim for termination of the right to use residential premises and for eviction

Dzerzhinsky, st., and since the marriage between the defendant full name and the plaintiff was dissolved, on the basis of Part 4 of Art. 31 of the Housing Code of the Russian Federation, according to which, in the event of termination of family relations with the owner of a residential premises, the right to use this residential premises for a former family member of the owner of this residential premises is not retained, unless otherwise established by agreement between the owner and the former member of his family, the right to use the residential premises for is subject to termination by us, and we are subject to eviction.

We consider the claims brought against us to be rejected on the following grounds.

         From the materials of the civil case it is clear that we were moved in by the plaintiff as members of her family.

According to Part 1 of Art. 31 of the Housing Code of the Russian Federation, members of the family of the owner of a residential premises include his spouse living together with this owner in the residential premises belonging to him, as well as the children and parents of this owner.

Other relatives, disabled dependents and, in exceptional cases, other citizens may be recognized as members of the owner’s family if they are settled by the owner as members of his family.

In accordance with paragraph 11 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 14 of 02.07. 2009 “On some issues that have arisen in judicial practice when applying the Housing Code of the Russian Federation”, other relatives may be recognized as family members of the owner of a residential premises, regardless of the degree of relationship (for example, grandparents, brothers, sisters, uncles, aunts, nephews, nieces and others) and disabled dependents of both the owner himself and his family members, and in exceptional cases other citizens (for example, a person living together with the owner without registering a marriage), if they are settled by the owner of the residential premises as members of his family.

The above circumstance indicates that we were moved into the disputed residential premises legally.

Based on Part 4 of Art. 31 of the Housing Code of the Russian Federation, if a former family member of the owner of a residential premises does not have grounds for acquiring or exercising the right to use another residential premises, and also if the property status of a former family member of the owner of a residential premises and other noteworthy circumstances do not allow him to provide himself with another residential premises, the right to use residential premises belonging to the specified owner may be retained by a former member of his family for a certain period based on a court decision.

We do not have any grounds for acquiring ownership of residential premises, as well as other grounds for using such premises.

         Also, the defendants do not have the opportunity to acquire ownership of residential premises, as well as to use them under residential lease agreements.

In accordance with paragraphs. “b” clause 15 of the above-mentioned Resolution of the Plenum of the Supreme Court of the Russian Federation, the adoption by the court of a decision to preserve the right to use residential premises for a former family member for a certain period is allowed by part 4 of Article 31 of the Housing Code of the Russian Federation when the following circumstances are established:

• the former family member of the owner of the residential premises has no grounds for acquiring or exercising the right to use another residential premises (that is, the former family member of the owner does not own another residential premises, does not have the right to use another residential premises under a lease agreement; the former family member is not a party to the agreement equity participation in the construction of a residential building, apartment or other civil legal agreement for the purchase of housing, etc.);
•  the former member of the owner’s family does not have the opportunity to provide themselves with other residential premises (buy an apartment, enter into a rental agreement for residential premises, etc.) due to their financial status (no income, insufficient funds) and other noteworthy circumstances (health status, incapacity for work due to age or condition health, the presence of disabled dependents, loss of work, study, etc.).

From the above circumstances it follows that the claims brought against us are subject to rejection in full, since there are grounds for the defendants to retain the right to use the disputed residential premises for a certain period.