Household members and even relatives are not always the same as people close to each other.

And sometimes relationships become so tense that coexist further in one territory it becomes impossible. Moreover, if the reason lies in the illegal behavior of one of the household members.

But here another problem arises - if the registered person does not want to be removed from the address register himself, then Is it possible to discharge him from the apartment without his consent??

Dear readers! Our articles talk about typical ways to resolve legal issues. If you want to know how to solve exactly your problem - call free consultation:

How to discharge a person without his presence?

The initiator does this based on:

• solutions ships;
• general powers of attorney from a decreasing one (they may refuse to accept it even if it is available, since the citizen must write and sign the application on Form 6 independently).

Possible reasons for eviction

Evict a citizen from is possible even if it relates to municipal fund (Art. 91 residential complex).

But most often another question arises: “Is it possible to discharge a person if I'm the owner? Let's figure it out.

This is carried out by the court on the following grounds:

1. non-payment for services Housing and communal services for at least six months;
2. use of a dwelling as a non-residential premises for industrial purposes(for example, a hairdresser was set up from an apartment);
3. Creation hazardous conditions for those living nearby;
4. apartment destruction, bringing it to an uninhabitable state;
5. illegal redevelopment(especially with the creation of risks, for example, the collapse of part of the building);
6. planned apartment sale(if the citizen is not the owner);
7. long-term not accommodation in this territory;
8. termination of family relationships(Article 31 LC).

When positive decision making and its entry into force the case goes into enforcement proceedings.

And if the now former resident himself did not have time to leave voluntarily by this time, the procedure is carried out representatives of the FSSP on the writ of execution.

How to check out from a privatized apartment?

This is a few easier than with municipal apartment.

The algorithm is as follows:

• owner makes a decision about discharge (before the alienation of the home or as a result of the termination of family relations);
• lodger notified in writing(at least twice) about the need to deregister. Roots notifications of registered letters must be saved, they will be useful for ships;
• tenant visits passport department Management company or department of internal affairs and submits application for discharge. If this does not happen, the property owner collects the necessary documents and submits application to the district court;
• the case is being tried, the judge makes a decision;
• solution comes into force(1 month after acceptance);
• the case comes to enforcement proceedings. A writ of execution is issued, and bailiffs carry out the eviction.

Read about whether it is possible to exchange a non-privatized apartment.

From the municipal

The risk that the court will refuse to evict, higher than in the previous case.

The procedure will include the following steps:

1. notification evicted;
2. other pre-trial actions(for example, a citizen applies to the Management Company to provide an installment plan, which has documentary evidence, or the municipality has issued an order to eliminate violations - say, illegal redevelopment);
3. collection of documentation and preparation statement of claim;
4. appeal to court;
5. solution gains legal force;
6. directly eviction.

Differences here they also consist in the fact that a person cannot necessarily be evicted “on all four sides,” that is, without the provision of alternative housing.

In some cases they can give him something else, comfortable or poorly equipped housing ( Art. 90 LCD).

A comfortable option will be given, strictly speaking, the evicted person's guilt in what happened No.

For example it could be:

• the house is intended demolished;
• home is recognized dilapidated or emergency;
• the building is moving away into the possession of the state or religious community.

From a gift or inheritance

If the home was donated or left by inheritance to another owner, he has the right to discharge from there all those who are not related to him by family ties (Article 31 of the LC, Article 292 of the Civil Code).

It's done like this: first new owner in writing ( registered letter with notification!) informs the resident that it is time to vacate the premises.

AND if the tenant is actively against- serves in court.

However, even the donation is disputed if there are grounds for it. Accordingly, he will lose the right to use the apartment and its new owner.

This happens in the case:

1. if the recipient does not properly handle the gift, creating the threat of its irretrievable loss;
2. if he did not have the right to receive such a gift at all (he is a civil servant, a doctor or a social worker, on whom the donor may be at least indirectly dependent);
3. the consent of the co-owner was not obtained for the transaction;
4. the rights of minors were violated;
5. the donor was insane or at least partially capable at the time of the transaction;
6. the recipient committed an intentional crime against the ex or members of his family.

Will may also be recognized void.

This can happen if:

• rights violated applicants for the obligatory share ( Art. 1148, 1149 Civil Code);
• the recipient of housing is recognized by the court unworthy heir (Art. 1117 GK);
• the will was drawn up in a deranged state or there were violations during its registration.

In all these cases, if they proven in court, recipient of the apartment deprived of the right of residence and, accordingly, is evicted.

Registration of the dead and missing

Before you shoot deceased person getting ready package of documents.

Based on a medical report, a relative or heir receives death certificate at the local registry office. After this you can go to the housing department or police department.

Documentation:

1. the applicant's general passport;
2. death certificate of a citizen (issued by the civil registry office).

Filled out application for discharge(the form will be issued by the passport officer), the procedure will be completed in three to five working days. In the house book appropriate mark.

If a man has been absent from the apartment for a long time, there are no belongings or traces of his residence and no one can clarify his fate - such a tenant is recognized deceased or missing.

To do this, the initiator submits to the district court:

• statement of claim;
• a document confirming that you have been put on the wanted list (at least twice) and the results of the search activities;
• general passport;
• state duty check.

Depending on all the circumstances and nuances of the situation, the judge recognizes the citizen as either dead or missing. Both mean that a person subject to discharge.

Based solutions(take a copy from the station office) absent passport officers will be deregistered local department of internal affairs or housing department.

True, this does not negate the fact that once discharged, as they say, will emerge from oblivion and declare his rights. Then the court decision is subject to cancellation (Art. 44; 46 GK).

The solution to the issue of restoring the rights to use housing depends on many nuances and circumstances of a particular case, but in any case - only by judicial procedure.

Former spouse

Before going to court, you must first get a formal divorce.

After this, the owner gives the ex-spouse at least one month to resolve the housing issue, about which he notifies in writing - this way the court will make sure that the person being discharged was not kicked out the door as a result of a quarrel.

After that a lawsuit is filed based on the Housing Code ( Art. 31 that is, family relationships are terminated).

Minors and convicts

Children are forced are deprived of the right of residence if such a decision is made in towards their parents(and the children themselves are not co-owners of the home).

If we are talking about municipal home, the transaction is feasible only under custody control.

The intervention of the board of trustees can only be avoided if if the owner files the claim, and the son or daughter is simply a tenant and not co-owners.

WITH convicted somewhat more complicated. If the “disenfranchised” is not discharged voluntarily, he will also have to go to court (Law of the Russian Federation No. 5242-1).

If the court makes this decision, the personal presence of the convicted person is not necessary for deregistration ( FMS Order No. 208 of 2007).

A parent deprived of parental rights

Deprivation of parental status carried out exclusively in judicial procedure. The applicant receives a copy of the decision from the court office and submits it to the passport office of the housing department or police department.

Deregistration will be made from 3 to 7 working days.

Drafted into the army

This implements or the conscript himself by providing the passport department with a certificate from the military commissariat and a passport, or another applicant- owner of the home.

It should be remembered that imprisoned, and carriers military service, are just temporarily discharged.

After end of punishment or service period they can return to their previous place of residence and restore registration.

This is why if you are going buy an apartment, do not skimp on services real estate office.

After all, when checking legal purity a not very pleasant surprise may appear in the form of a relative who, after some 5-8 years, will return home and declare his rights.

Algorithm of actions upon discharge

Pre-trial settlement

Must be present evidence of attempts to resolve the problem out of court.

For example, written notice from the owner about the need to move out of the apartment.

It could also be order from the administration on the elimination of violations (for example, redevelopment), or documents confirming the fact that the defaulter was given installments to make up for rent arrears and he still doesn't pay.

Filing a claim

To evict from a privatized apartment:

The claim is granted in district court in the number of copies based on the number of participants in the process.

The application contains the following points:

1. date and place of writing;
2. full name of the court site;
3. applicant details;
4. housing address;
5. by what right does a person own a home?
6. responding party data;
7. the essence of the matter is short and to the point;
8. what the applicant wants from the court (demand to evict);
9. what attempts were made to resolve the issue before the trial, what they led to;
10. on what basis (links to legislation, documentation);
11. list of attached documentation;
12. date, signatures.

In addition to the application itself, you need a package of documents:

• general civil identity card;
• document on divorce;
• birth certificate;
• extract from the house register;
• act of the district police officer, other experts (if we are talking, for example, about the eviction of the owner);
• pre-trial correspondence (copies of letters, notification stubs);
• other documents required depending on the situation;
• state duty check.

We invite you to download a sample statement of claim for exclusion from residential premises using the link.

Possible failure options

1. « perpetual encumbrance"(we are talking about a tenant who at one time refused to participate in privatization in favor of another family member);
2. no action taken to resolve the problem outside of court;
3. the applicant did not provide evidence.

For eviction from public housing

The lawsuit is also being filed to the district court general jurisdiction at the location of the home. Requires a particularly careful approach proof(Article 56 of the Civil Procedure Code of the Russian Federation).

In general, if we are talking about judicial eviction, it is better not to start this case without the help of a qualified lawyer.

Even if the situation, in the opinion of the initiator, looks absolutely transparent. Still, this raises the question of constitutional human right to housing(Article 40 of the Constitution of the Russian Federation) and if at least one doubt arises, the court will refuse to evict.

The average person most often does not see those “pitfalls” and nuances that are well known professional.

Required documents

• passports participants;
• birth certificates children;
• extract from house book;
• copy of financial statement accounts;
• check state duties;
• checks from housing department;
• Act district police officer;
• other documents, confirming the need to evict;
• evidence of attempts until the problem is resolved in court.

The judge will not satisfy the claim if it is about disabled dependent or minor participant in privatization.

And ordinary participants in privatization the court agrees to issue it not very often, if there is no evidence clearly proving the illegality of the tenant’s behavior.

Presence in court

Before the start of the trial, the judge checks appearance of the parties.

If there is no defendant, the meeting for the first time is most likely will be transferred, but it can take place without the defendant himself. Moreover, as a rule, solution in this case it is taken out not in his favor.

Is it possible to discharge the defendant “to nowhere”?

It's possible, if it's about not about council housing and the defendant there are no excusable circumstances in the form of own disability, serious illness or the presence of disabled dependents.

If applicant — owner of a private apartment, and the defendant is simply registered, the court will not be bothered by the question of whether the evicted person has somewhere to go or not.

Exception- unless the defendant himself asks for it. The judge will give deferment to resolve the housing issue (usually one month).

Based on a change of owner of the property ( Art. 292), unnecessary resident also will be deregistered without providing alternatives.

Court decision to postpone

If the court has granted the defendant a deferment to find new housing, then all that remains is to wait. If the deadline has expired, the court ultimately accepts discharge decision.

True, there are more easy way. A real estate agency with a good reputation is selected. Then the apartment is sold, as they say, “with encumbrance.”

Using the proceeds (though it will be less than in the usual case), the seller gets himself a new one, where no one else will be registered anymore.

Well, the old encumbrances will already be dealt with new home owner- first he will invite them to leave on good terms, and if they still do not comply, the issue will again be decided by the court ( Art. 292 Civil Code, Art. 31 residential complex).

So it turns out that discharge of a person in our time- not such a simple undertaking as it might seem at first glance. And that is why, before starting all proceedings, it is imperative to consult a competent lawyer.

He will outline your prospects, will help prepare and present your interests in the courtroom. Otherwise, all efforts may be in vain.

Anyone who has ever thought: “How can I expel a person from a house without his consent if I am the owner?” is looking for regulations on this issue and trying to understand exactly what rights the people registered in his living space have. Much here depends on the age of the residents, the reasons why people were registered in the house, and why they now need to be discharged.

Owner's rights

Based on Art. 292, 209 and 288 of the Civil Code in Russia, the owner can expel registered citizens from their housing even without consent (a court decision will be required). If possible, the issue should be resolved peacefully without trial. If residents refuse to deregister, the message is conveyed to people that they will be discharged anyway, but the whole procedure will take longer. If a person is not the owner, but is simply registered, he cannot register his “neighbors”.

Who cannot be discharged through the court

However, some people registered in the home cannot be discharged without consent. These residents include:

• owners of minimum shares for fictitious registration;
• people living in the house by testamentary refusal, although they are not the owners of the living space;
• a citizen who has refused privatization (if he does not live there, the owner will be able to write out the registered one, subject to documentary evidence of actual stay at another address);
• former spouses, if there is a corresponding clause in the marriage contract;
• minors forced to live temporarily in an orphanage, but retaining the right to registration in their parental housing.

Moreover, it does not matter whether there are family ties between the owner of the property and these residents. In other cases, you can safely discharge a capable and adult person from home without consent or physical presence.

How to discharge a person from home: stages of the procedure

If the registered person does not intend to voluntarily remove himself from the register or his whereabouts are unknown, the owner can discharge the citizen in court. To do this, you need to file a claim.

In some cases, the court obliges the owner to provide the tenant with another premises in which he will register. Those. It will not be possible to discharge a person without providing alternative real estate. Or the court will grant a temporary reprieve, during which the tenant undertakes to find another place of registration. The court verdict is influenced by many factors, incl. financial situation of the registered person.

If the decision is positive, the owner, 10 days after the meeting, receives a court order, on the basis of which the person can be discharged.

The fastest way to obtain an extract is at the department of the multifunctional center, and not at the passport office, since this organization has a convenient work schedule and accepts applications from citizens regardless of territorial location. In addition to the court order, you must bring the following documents to the MFC:

• passport;
• property papers;
• house book.

After this, the person will be discharged from the living space within the period established by law.

Special cases of discharge

There are many situations when you need to discharge a person without his knowledge. Each has its own characteristics related to the list of documents to be submitted or the required actions.

Discharge catalysts

There are several factors under which deregistration will take place relatively quickly:

• the house was purchased, received as a gift, or inherited before marriage by one of the spouses;
• the person registered in the house does not live and does not pay utilities (provided that he has somewhere to check out);
• citizens who have been deprived of parental rights are discharged from real estate that belongs according to documents to their children, without being provided with other living space;
• a person registered in real estate threatens the health of the owner of the property.

For the court, as evidence, you will only need to provide documentary evidence (donation agreement, statements to the police, etc.). All other situations are considered on an individual basis, but usually the issue of discharge is resolved in favor of the owner of the house.

How to discharge a minor child?

If parents and a minor were registered in the house, then after the adults are discharged to some other place, the child is automatically registered with them, even if they “forgot” to remove him from the register. If a minor child has to be discharged at the same time as his parents, then permission from the Department of Educational Inspection will be required. Official consent of guardianship can be obtained only if some other residential premises are indicated in which the child can live.

Those. Minors are not discharged “to anywhere”. But at the same time, guardianship officials sometimes turn a blind eye to the actual conditions of the child’s new place of residence, for example, they give the go-ahead for registration in a house without public amenities, since we are talking about registration and not the acquisition of real estate ownership.

When forcibly deregistering minors, in addition to the permission of the OiP, you must bring to the court papers confirming the actual residence of the child at a different address. For example, this paper could be a certificate from an educational institution or from a clinic to which the minor is attached. Those. a father after a divorce can discharge his son or daughter, who actually lives with their mother.

Ex-spouse's statement

If the house was purchased during marriage or there is a marriage contract according to which the ex-husband or wife has the right to live in the disputed property, then it will not be possible to remove a person from the register without his consent.

If housing was purchased before marriage or received free of charge during it by one of the spouses, then the second (for example, ex-wife) can be safely discharged. To do this, you must attach a divorce certificate to the finished documentation set. Other evidence of non-family relationships may be required, such as evidence of separation. To discharge a cohabitant, you only need a statement from the owner of the premises.

How to discharge a pensioner

Discharge of pensioners takes place as usual. Difficulties arise only if they are disabled or declared incompetent. In this case, pensioners cannot be deregistered without their consent or the permission of the POiP.

Discharge of a convicted person

If a citizen is in prison, he can be forcibly discharged from home on the basis of a court verdict. But there is a nuance in that, having been released, the former prisoner has the right to restore his rights, regardless of who exactly owns this property.

Discharge due to military service or study in another city

The situations with the discharge of those undergoing compulsory military service and those studying at a university in another city are similar. They can be removed from the register based on an application from the owner and a document from the military registration and enlistment office or educational institution. After completing service or training, a person can easily register in the house again.

Discharge in case of long-term absence of a person

If a citizen does not live in the property where he is registered for a long time, and his actual place of residence is unknown (although the tenant is not declared missing), then the owner has the right to initiate a lawsuit, and then, based on a legal decision, discharge the citizen from a private home.

Moreover, the owner of the property will have to prove that he does not interfere with the registered person’s residence in the premises. Those. the owner must show that the tenant voluntarily left the house or never lived there at all. Otherwise, the court will refuse the forced discharge.

It is also allowed to discharge a person from home on the basis of being declared missing. This status is assigned to a citizen if a year has passed since the date of recording his disappearance (i.e., from the moment the application was submitted to the police department). The owner of the property can receive a court decision and, on the basis of this document, discharge the person from the living space.

How to discharge a deceased person?

To discharge a deceased person, it is necessary to attach a death certificate to the traditional set of documents, after which the procedure will be carried out as usual. But there are nuances. In some cases, there is no exact information that the tenant has died, although he is considered missing and has not appeared at his place of registration for a long time. The court recognizes that the tenant has died if:

• the person has been missing for more than 5 years, and there is no information about his whereabouts;
• more than six months have passed since he disappeared under openly life-threatening circumstances;
• a combatant disappeared under unclear circumstances more than 2 years ago.

At the same time, relatives have the right to recognize the person as dead in court, and then discharge him.

Conclusion

In most cases, it is possible to discharge a person from home without his presence and consent. You just need to clarify all the details in advance, correctly draw up a statement of claim, and first try to resolve the issue without the participation of legal structures.

Housing issues and problems are often the most painful in our lives. It is in this area that people often pay the price for their trust and empathy in others. Here, most of the tragedies occur between former relatives and people who were just recently close to each other. So, can the owner leave me from the apartment without my consent?

Is it possible to eject a non-owner from an apartment without his consent?

First, let's clarify the terminology. We all talk about registration and discharge, but these words have long ceased to be official terms.

Nowadays it is common to talk about registration accounting. It was not invented with the intention of nailing every person to a certain place, as is often thought. The concept of registration was introduced primarily for the following purposes:

• for citizens to fully realize their rights;
• for the proper performance of all kinds of duties (to other people, the state, and so on).

Permanent registration at the place of residence is the same registration that everyone is used to talking about and caring about. And the extract in modern terms is called deregistration.

In order to register anywhere on a permanent basis, a person often requires the consent of other people - homeowners, tenants, and all residents. And in order for the registration to be terminated, this person himself must (ideally) express consent to this. What if there is no good will in this matter?

Then you have to deregister the person against his will. But this is not always possible.

The following video will tell you how you can expel a former relative from a privatized apartment without his consent:

Now let’s talk about the procedure for checking out of an apartment without consent.

Procedure

To discharge someone from a residential premises, you must first prove your right to do so. There can be a huge number of similar situations, as well as disputes over them. However, in February 2015, the Supreme Court of the Russian Federation summarized the practice in a number of cases, after which some difficulties with extracts became a thing of the past.

What are the main reasons that may prompt a person to forcibly discharge someone:

• the registered person has ceased to be a family member;
• a person does not live according to registration for a long time, does not pay utilities;
• the tenant is in place, but does not pay his share of the rent;
• the previous situation is complemented by any non-compliance with the rules of residence.

Out of court

Let’s say in your life there is a need to deregister someone against his will. You want to avoid legal red tape and consultations with lawyers. You plan to resolve everything “quickly” with the passport office employees.

This option is simply not possible. Passport officers do not have the right to simply sign people out of their apartments. A single statement from the owner (tenant) of the property is not enough. Even if there is evidence (non-payment of utilities, violations of the rights of other residents, and so on).

Hence the conclusion: if you are asked, out of the kindness of your heart, to register someone in your living space, be internally prepared for possible negative consequences. Today's cute petitioner can become tomorrow's real house monster.

This does not mean that you do not need to trust, sympathize and help anyone. You just need to do everything not on emotions and not under the influence of requests like “let’s register now, and a residence agreement later.” Any action must be thought out in all options.

By court

There are almost no simple cases in terms of discharging a person from housing against his will. There are only more or less complex ones.

In any case, you will have to not only write a statement of claim, but also present the most logical and correct evidence. After all, the judge is completely unfamiliar with the situations of the plaintiff and the defendant. The one who truly substantiates his demands will be right.

The following information only applies to the deregistration of adults. The situation with minor children is so complex that it requires separate consideration.

Let's consider the main points of discharging a person through the court:

1. The defendant must be notified of the existence of the claim. At a minimum, his signature on the summons or confirmation that such a signature was refused is required. If the defendant is unknown where, you will have to first establish his whereabouts, this is done through the police.
2. At the court hearing, you must confirm your claims and then justify them. For example, present receipts for payment of utility bills and report that the defendant does not pay a penny. Call neighbors as witnesses - let them confirm that the person does not actually live. This applies to both your own home.
3. A relatively simple option is to register your ex-husband/wife. If you are the owner or tenant, your marriage has been divorced, and your former “other half” is not the owner of the property and does not want to move out, there is a clear violation of your rights. Even if the former relative pays his share of the utilities in good faith. If not, you are doubly right. Of course, the apartment should not be joint property.
4. Another relatively simple situation is if the offending tenant violates someone else’s rights: yours and/or your neighbor’s. For example, he gets drunk, makes noise, starts fights. The main thing is that the police are called during these incidents - official protocols will be full confirmation, and the testimony of neighbors will perfectly complement them.
5. If the court finds the evidence presented insufficient, you can always apply for new evidence. If only such a possibility existed. If the case is still lost, you will have to prepare for an appeal.

Here we will dwell in more detail on the generalization of the RF Armed Forces' practice on this matter. It is really important because it allows us to solve once insoluble issues.

Previously, if someone voluntarily renounced their share, he received the right to use this housing for life. This made it almost impossible to subsequently sell such an apartment. Now, if the refusenik does not live locally and does not participate in taking care of the apartment in any way (does not pay utility bills), this restriction has been lifted.

A separate clarification concerns the so-called. These are not only divorced spouses, but also other relatives. Of course, father and son will actually remain as such even due to a housing conflict. But if they do not have a common household and budget, mutual assistance, and the relationship itself is terminated, then such people legally also become former relatives.

This is precisely the situation that the Supreme Court of the Russian Federation resolved in favor of the plaintiff, who in the local courts could not obtain the discharge of his son, who had moved out of the apartment a long time ago.

A special case

Another sore point: . The case concerns people who do not live at their place of registration. Previously, they could not be discharged if a person did not have living space in reserve. Now, if the defendant left voluntarily and does not state in court that he was kicked out of the house, the plaintiff has every chance of achieving a positive decision.

The issues of deregistering people whose registration was valid at the time of the sale of the apartment remain difficult. If such a tenant turns out to be disabled, it is unlikely that it will be possible to terminate the registration.

It is also not difficult to terminate the registration of a convicted person, if only you had a copy of the verdict on hand. However, when the prisoner is released, he has the right to obtain registration again, and when selling his previous home, he can protest the transaction.

Problems with unwanted tenants can be extremely complex and varied. They must be resolved with great patience and full awareness of being right. And then housing will definitely be freed from “overload”.

The following video will tell you how to discharge a person who has agreed to privatization but does not want to be discharged:

The following video contains even more useful information on the issues of removing a person from an apartment or house without his consent:

Discharge of a person from an apartment by the migration service is possible only in two cases permitted by law:
1. If there is a voluntary application of the person being discharged to remove him from registration at the place of residence;
2. In court if there is no consent.

Most often, the reasons for forced deregistration, as judicial practice shows, are:

• evasion of one of the residents from paying utility bills;
• long-term non-residence in the apartment of one of the family members;
• divorce from the owner of the apartment;
• the intention of the apartment owner to further privatize the residential premises, without including residents who do not actually live in the apartment among the participants in the privatization;
• the impossibility of cohabitation of residents in residential premises, which are occupied under a social tenancy agreement;
• in other cases permitted by law.

The procedure for checking out of an apartment may vary depending on who is the owner of the residential premises and what type of housing stock the apartment belongs to.

In particular, the legal nature, procedure and grounds for an extract from a municipal apartment and an extract from an owner’s apartment have different legal justifications and significant differences.

Extract from the apartment of certain categories of persons also has a number of features. Thus, there are special requirements regarding the deregistration of minor children and those sentenced to punishment in places of deprivation of liberty.

There is a certain circle of people who cannot be discharged from residential premises without obtaining their consent. In this case, the homeowner has only one choice - to negotiate with this person about voluntary checkout from the apartment. Let us consider in more detail how the owner can remove a person from an apartment without his presence and consent.

Checking out residents from a municipal apartment

A municipal apartment, according to housing legislation, is the property of the state or municipal authorities. Consequently, in the absence of the person’s consent to be removed from the apartment, forced deregistration is possible only by the owner or with the consent of the owner through the court.

Full list of reasons for discharge from council housing contained in Article 83 of the Russian Housing Code:

1. No payments for utilities or for the living space itself for 6 months or more. In this case, it will be necessary to prove in court that failure to pay rent for housing and utilities is not due to the absence of a responsible tenant. In addition, it is worth considering that eviction of a tenant from a municipal apartment in case of failure to make mandatory payments is possible only together with the tenant, that is, with the citizen living in the apartment with whom a social tenancy agreement has been drawn up. Consequently, if one of the apartment’s residents, who is not legally the tenant of the property, refuses to pay the rent, the tenant will be held accountable to the court. Therefore, it will not be possible to discharge such an insolvent tenant on the basis of non-payment.

2. Systematic (constant) violation of the interests and rights of neighbors. Such violations include, for example, fights, noise late at night, etc.

3. Causing damage to property in the apartment by the tenant and destruction of the residential premises transferred to him on the terms of social rent.

4. Use of the apartment by residents for purposes other than its intended purpose. A municipal apartment is transferred to the tenant under a social tenancy agreement only for living, so using it for any other purpose (for example, as an office space) is a violation of the terms of the agreement and may lead to forced eviction and deregistration of the tenant and his family members.

In case of non-payment of utility bills, the plaintiff in the case of forced eviction from a municipal apartment is the owner of the property, that is, an authorized state or municipal body.

In all other named cases, it is necessary to follow the pre-trial settlement procedure. First, you need to write a complaint addressed to the owner of the property, on the basis of which he will issue a warning to the tenant guilty of violating the order or using the apartment incorrectly.

If, after the warning, the violations are not eliminated, you can go to court and demand that the violator be forcibly removed from the registration register.

The easiest way is to discharge tenants from a privatized apartment if it belonged to the owner before marriage. In the event of a divorce, the former spouse, as provided by housing legislation, loses his right to use the apartment of the spouse-owner.

To evict in this case, the apartment owner needs to go to court, which will have to satisfy the claim in accordance with the Housing Code (4th part of Article 31) of the Russian Federation. In addition, the owner of an apartment acquired before marriage can also write out, without consent, all the relatives of the former spouse registered in this apartment.

The situation is more complicated if the housing was privatized with the consent of all other residents registered in the apartment. In this case, the court will refuse to satisfy the claim for forced ejection from the apartment, since everyone registered in the municipal apartment had equal rights to a share of housing. By signing their consent to the privatization of housing by one of their family members, they acquired the right to use the living space on equal terms with the owner.

If the apartment was purchased during marriage, then it will also not be possible to register one of the spouses (except for cases where there is a marriage contract providing for the sole ownership of one of the spouses in this housing), since the housing will be considered joint property regardless of whether in whose name it is privatized.

Extract from an apartment inherited or received as a gift

If the apartment was passed to the new owner by inheritance or was received by him as a gift, he can legally deregister all the tenants living in the apartment, since the transfer of ownership according to the Civil Code is considered the basis for the termination of the rights of the previous tenants to use the apartment.

However, even in this case, the court, based on specific circumstances, may decide to preserve the tenant’s right to use this apartment even if there is a new owner. The basis for this is the financial situation of this tenant or some other circumstances that do not allow him to secure a new place to live.

Discharge of minors and convicts

Special rules are provided for the discharge from the apartment of minors and citizens sentenced to serve a sentence and who are in prison.

Discharge of minors is only possible from a municipal apartment if they are registered with one of the parents and live with the other. In this case, a mandatory condition is the registration of the minor in the apartment of the other parent. Discharge of a minor child in this case is possible either with the consent of both parents or through the court.

In the latter case, the written consent of authorized employees of the guardianship and trusteeship authorities must be provided to the court. It should be taken into account that such consent is not always given by the guardianship authorities.

For example, it is almost impossible to register a child in an apartment that is smaller in area than the previous one, since this is considered a violation of the child’s rights.

It is very difficult to discharge a child from a privatized apartment, even with the consent of both parents.

A convict who is in prison by court verdict can be discharged from the apartment, referring to this court verdict. However, when a convicted citizen returns after the end of his sentence, he may demand that his right to housing be restored through the court. If by that time the apartment is sold, he will be able to challenge the deal in court and demand that his right to residential premises be restored.

Registration at the place of residence allows you to freely use the living space. You don't need property rights for this.

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How can an owner remove a tenant from an apartment against his will in 2020? Only the owner has the right to dispose of the apartment.

But all residents registered in the apartment have the right to use the living space, even in the absence of the owner’s consent. How is a person removed from an apartment without his consent in 2020?

General aspects

Registration of citizens in Russia is mandatory. It can be permanent (at the place of residence) and temporary (at the place of stay).

Mandatory registration allows the state to control the stay and movement of the population.

This is necessary to ensure law and order and security. Registration has nothing to do with ownership. But the registered person has the right to use the living space.

This right is retained despite the desire of the apartment owner and even during a change. What should I do if I need to cancel the registration of a registered person?

According to the current legislation of the Russian Federation, there are two ways to discharge a tenant from an apartment: voluntarily and forcibly.

In the first case, it is assumed that the registered citizen independently applies to the registration authority for deregistration.

The second option involves discharge against the will of the person being discharged. However, the owner does not have the right to simply contact the passport office and cancel.

Forced deregistration of a citizen is permitted only through judicial procedure. This will require compelling arguments and sufficient grounds for discharge.

What you need to know

The law allows citizens to be evicted from their apartment against their will. But there are special categories of persons whose discharge has certain features.

First of all, minor children need to be mentioned. To issue them, several conditions must be met:

• deregistration at the same time as parents;
• availability of other housing with similar or better living conditions.

Failure to comply with at least one condition will not allow the child to be deregistered. For this reason, it is not recommended by specialists with registered children.

The easiest way to carry out compulsory enforcement is for persons serving criminal sentences in places of deprivation of liberty.

In this case, the owner just needs to contact the passport office and provide a copy of the court decision on condemnation. Persons called up for compulsory military service are discharged in the same way.

Another thing is that after returning from the army or from prison, such citizens have the right to register again at their previous address.

There will be no difficulties when registering absent persons. Provided that there is evidence of residence in another place or the person is declared dead or missing by court.

Reasons for this need

The reason for going to court is the loss of the right to use living space for a specific tenant.

But it will be necessary to prove that the person being discharged no longer has the right to reside in the apartment. The reasons why forced eviction from an apartment may be required vary.

Among the most common cases, the following can be noted:

• purchasing an apartment in which people who are strangers to the owner are registered;
• living at an address different from the place of registration;
• checking out tenants in anticipation of the sale of the apartment;
• and the relocation of one of the spouses to another place of residence;
• receiving or donating an apartment with registered residents;
• prolonged absence of a registered person and the impossibility of establishing his whereabouts;
• reluctance of the registered person to participate in the payment and maintenance of housing;
• antisocial behavior of the resident associated with alcoholism, drug addiction or illegal actions;
• deprivation of parental rights of a citizen living with a minor child.

Whatever the reason, in the absence of consent to discharge, a registered citizen can be discharged only on the basis of a court decision.

Regulatory regulation

The procedure for deregistration of citizens is defined in the “Registration Rules...” approved.

What does the law say about eviction from an apartment without the consent of the tenant? The Rules say that the discharge of citizens is carried out when:

• change of place of residence;
• recognition as missing;
• recognition of the fact of death;
• recognition of loss of the right to use housing;
• detection of registration in violation of the law;
• identifying the fact of fictitious registration.

The basis for the extract is a court decision or a document obtained on its basis.

The initiator of a citizen's discharge can be an interested individual or legal entity. If there are grounds, the citizen is deregistered within three days.

Procedure for leaving an apartment without consent

If it is necessary to remove a person from an apartment without his consent, a certain procedure must be followed:

1. Make sure there are sufficient grounds to go to court.
2. Prepare a package of documents for the court.
3. Collect evidence indicating the loss of the right to use the living space by the person being discharged.
4. Submit a statement of claim and collected documents to the court.
5. Receive a positive court decision.
6. Contact the registration authority and issue an extract based on the court decision.

The presence of sufficient arguments, as a rule, allows the court to satisfy the claim. At the same time, the applicant must be prepared that some citizens will not be able to be discharged.

List of documents that will be needed

A package of documents for going to court is collected by the owner, that is, the plaintiff. You will need to prepare:

• passport or other document proving the identity of the applicant;
• title and title documents for the apartment;
• statement of claim;
• documents confirming the stated grounds for discharge;
• about payment .

Depending on the reason for the application, other documents may be additionally required.

If the reason is the long-term absence of a citizen and his residence at another place of residence, then witness testimony or documents indicating residence in another place may be used.

When the discharge is due to the inappropriate behavior of the resident, then the protocols of law enforcement agencies, recording the illegal actions of the citizen, will help.

If we are talking about the discharge of a former spouse, you will need a certificate of divorce and confirmation of the absence of the right to claim part of the apartment.

To discharge a minor child, you must provide proof of another place of residence.

You will also have to prove that the conditions of the new housing are no worse and there is a legal basis for registration. The outcome of the trial depends entirely on the evidence presented in the case.

Where to go

To forcibly deregister a person, the owner of the apartment must contact the district or city court at the location of the residence.

In this case, the owner himself may be registered at a different address. The basis for applying is availability of an apartment.

If the person being discharged lives at a different address, then the claim can be filed at the address of his residence.

If the court, after considering the case, decides in favor of the plaintiff, then a court decision must be obtained.

But a positive decision is made only if there is conclusive evidence. Any doubts are interpreted in favor of the defendant.

In case of illegal registration and confirmation of this fact, deregistration is carried out in almost all cases.

There are also some differences in discharge through the court depending on who is the owner of the property.

From the municipal

Extraction from an apartment owned by the state or municipality is carried out by court decision, if there is no consent of the person being deregistered.

The norm is spelled out in which the legal grounds for the forced expulsion of an employer are established:

• using the apartment for other purposes (for example, for running a business);
• damage to property or actions leading to a deterioration in the quality of housing;
• deliberate violation of the rights and interests of neighbors (third parties).

Another reason is indicated: failure to pay utility bills for six months or more.

To expel the offender, a complaint is filed with the municipality. In response to a complaint, government representatives visit the apartment to inspect it, interview neighbors, etc.

Video: rules for leaving an apartment

After this, the tenant-tenant is given a warning. If violations continue, the next step is to go to court and make a decision on eviction.

Important! One of the family members of the offender may file a complaint. But if a tenant is evicted, then his family is also subject to eviction.

From privatized

Many citizens have the opinion that if I am the owner, then only I can decide who will be registered. When the apartment is privately owned and privatized by one of the spouses, there will be no problems with registration.

It says that the right of the second spouse to use housing terminates at the moment of divorce.

Together with the discharged spouse, his relatives, with the exception of joint children, also lose the right to use housing.