How should you proceed in order to discharge a person registered in it from an apartment? Unwanted tenant: is it possible to remove a person who is not the owner from an apartment or house without his consent? Discharge my son from a privatized apartment

Every citizen of our state may have the need to expel one of their relatives from an apartment without consent. You can expel someone from an apartment without consent not only if you are convicted or who has become a complete stranger to you, who does not pay rent, is rowdy, etc.

Sometimes it happens that you need to go through this procedure to complete a real estate transaction (after all, many realtors and buyers strictly ensure that third parties, especially minors, are not registered there). In addition, if a person does not live at his own place of registration for a long period of time, this does not exempt other tenants from paying in full, including utility bills for him, which is also something few people will like.

Situations in which an extract without the consent of the person may be necessary

The need to check out of an apartment without consent may arise if:

• the spouses separated and one of them moved to another place of residence;
• the apartment was received as an inheritance or as a gift, and other persons are registered at this address;
• one of the family members does not live in the apartment for a long time, does not appear in it, or even there is no information about him;
• the registered person does not fulfill the obligation to pay utility bills or part thereof;
• living together in the same living space has become impossible due to alcoholism, drug addiction, and criminal behavior of the person registered in it;
• they want to privatize municipal housing, but not everyone wants to be included as apartment owners;
• a person who has reached the age of majority leaves the parents with whom he was registered and does not appear to deregister at this address.

Situations are different, but regardless of the reasons that influenced the decision to remove someone from the living space, this happens only by court decision.

How to discharge a person from an apartment

The problem of deregistering persons registered in an apartment can arise both for the owner of the property and for the tenant occupying municipal housing under a social tenancy agreement (that is, when living in a state-owned rather than privatized apartment). There are two ways to be discharged from an apartment without consent: to persuade the person to voluntarily check out by signing all the necessary papers, or to go to court and get a decision to deregister the person. If a person does not have the opportunity to appear for the procedure, but he agrees with the extract, then he can send an authorized person for this purpose, whose rights to conduct legal actions are documented.

You must appear in court not only with a statement of claim, but also with evidence. For example, if you need to discharge a person who has left for another city or another country and does not appear in the apartment, then a certificate from the EIRC and the testimony of neighbors will be sufficient. They will confirm that the person does not actually live or appear in the apartment, and on this basis the court can make a positive decision on expulsion from the living space.

Extract from public housing

How to discharge a person from an apartment that is the property of the municipality? Only by court decision. Article 91 of the Housing Code establishes a list of reasons why the landlord (that is, the municipality) has the right to remove the tenant and his family members from the living space without consent. These include:

• use of government-provided housing for other purposes (for example, by unauthorized organization of a sewing workshop, store or underground casino);
• damage to property or actions that will inevitably lead to damage;
• violation of the rights and legitimate interests of other persons (for example, neighbors in the stairwell).

Article 90 of the Housing Code expands the list of reasons for deregistration to include non-payment of utility bills without good reason. To be discharged, you must first contact the municipality with a complaint, to which the authorities are obliged to respond (visit the property, interview neighbors). The municipality issues a warning to the tenant about the inadmissibility of such behavior, and if he continues to violate the law, then he must immediately go to court.

When deregistering, there are several nuances that should be taken into account so as not to harm your own interests. So, for example, if the wife of an apartment tenant applies to the municipality or the court with a request to expel him from the apartment, then she herself may lose her registration. According to the law, the tenant is evicted from public housing along with his family.

If it is planned to evict a person for failure to pay utility bills, then the tenant must pay the amount of the debt (if he regularly did not pay the defaulter’s share). In a situation where rent debts accumulate over six months, the tenant can be evicted from the occupied living space by court decision.

Extract from privatized housing

There will be no problems with extracting from a privatized apartment purchased by spouses before marriage. Article 31 of the Housing Code establishes the termination of the right to use the housing of a spouse at the time of official divorce. To do this, you need to write a statement of claim for eviction and go to court with it. The husband's relatives (for example, his parents or brother, sister, aunt, etc.) also lose the right to be registered and use your housing. We are not talking about children together.

Don't know your rights?

If the apartment was privatized with the consent of all persons registered there at the time of change in its status, then after privatization everyone has the right to use the housing and be registered there. Even by a court decision, a good-for-nothing son, who ceased to be a relative after the spouse’s divorce, was discharged from the apartment without the consent, etc. The homeowner falls into a real trap, because he will not be able to sell or exchange the apartment “with an inheritance.” So you will have to persuade or buy part of your rights from the persons registered in the apartment.

If a person living in an apartment at the time of privatization refused to transfer ownership of part of the housing to him (that is, wrote a refusal to participate in this event), then Article 31 of the Housing Code does not apply to this citizen. He cannot be deprived of the right to use even after he has become a former relative. It is simply impossible to discharge such a person from the apartment without his consent.
A way out of this situation may be to draw up a donation agreement in favor of a third party, who legally becomes the new owner of the property. This person will be able to discharge the persons registered in the apartment through the court. But there is also a “but” here: if a person who is deprived of his place of residence by the court cannot, for various reasons, provide himself with a place to live, then the court allows him to stay and use part of the apartment as before. The right to lifelong use of housing remains with such a person and he can even move into an apartment purchased by third parties legally.

Discharge of minors

A situation where a minor child needs to be discharged from an apartment without consent may arise when the child actually lives with one of the parents, but is registered with the other. The court can solve this problem if the housing is municipal property. To do this, you will need to obtain consent from the guardianship authorities and do not forget to indicate in the statement of claim that the child actually lives at a different address.

If a minor is registered in an apartment that was privatized even before he was born and registered at his place of residence, then it will be very difficult to discharge him from there without consent. Thus, the court may consider transfer from a larger apartment to a smaller one or from a new one to an old one as an infringement of the child’s rights. In addition, if the registered child has his own share in the privatized housing (that is, he was registered in it at the time of privatization), then it will be almost impossible to discharge him even through the court. Conducting any transactions with an apartment may cause response from the guardianship authorities, up to and including suspending the transaction or declaring it invalid.

Discharge ex-husband from apartment

It is quite difficult to expel an ex-husband or wife from an apartment without consent, but there are several points that will help you do this. Firstly, they are also subject to Articles 90 and 91 of the Housing Code, according to which if residents violate public order, thereby causing inconvenience to neighbors, and also damage property or use the living space for other purposes, or evade paying the due portion of utility bills, then they may be evicted from a municipal apartment without consent.

If the ex-spouse has been convicted, then you can remove him from registration in the apartment according to the Rules on the basis of the verdict by contacting the court or the registration authority (migration service). A copy of the verdict that has entered into force, as well as an application for deregistration at the place of residence, is submitted to the above authorities. After a discharged convicted person returns from prison, he can demand restoration of his registration and even challenge the transaction in court if the apartment was sold, leased or donated.

If the apartment from which you want to deregister your ex-spouse is municipally owned, then confirmation of the fact that this person does not live there may serve as grounds for deregistration. By going to court and presenting evidence (for example, from the clinic that he has not sought medical help for several years, or from the post office, testimony from neighbors, information from the district police officer, etc.), you can discharge your ex-spouse in a year or two after he moved out of the apartment. A person is simply recognized as having lost the right to use living space.

There are often situations when the court takes the side of the person being discharged, protecting his rights and legitimate interests. So, for example, if an apartment was purchased during a marriage, then removing one of the spouses from it without their consent is a protracted and unlikely process. The situation is completely different if the privatized apartment was the property of one of the spouses before marriage and the husband/wife was registered in it after the wedding. In this case, divorce is grounds for eviction of the former spouse, even if he is disabled.

If you are going to live with your common-law husband in an apartment and register him with you, not being sure of the duration of this relationship, then it is better to play it safe. If he needs registration, then issue temporary registration for up to a year, then there will be no problems with eviction.

Deregistration of persons without their consent requires going to court, so you need to be patient in advance and have the support of an experienced lawyer who will explain all the intricacies of a particular situation and be able to find a way out of a difficult situation.

Eviction proceedings are among the most complex because civil rights are involved. Often, after the end of a family relationship, a dilemma arises about how to evict an unregistered person from an apartment. Often, trials regarding the rights to use the housing of an unregistered person are very often heard in court.

If possible, ask the offender to leave the living space voluntarily. If refused, if the tenant is not the owner of this premises, contact the courts. To expel him, it is necessary to file a claim in court at the defendant’s place of residence. Due to the fact that you will not be able to go to court in this case again, clearly formulate the arguments for forced eviction from the apartment so that the defendant does not have a chance to challenge the court decision.

If the tenant is registered in this apartment and does not agree with this formulation of the issue, then this procedure must be carried out through the court. A tenant without registration is evicted much easier; usually there is no need to contact bailiffs.

How to evict an unregistered citizen

It happens that grown children or close relatives bring friends or future spouses to visit them. What to do if, contrary to the parents’ will, the children brought a stranger into their home and how to expel illegal residents from the apartment? What to do in such a situation and what you should know:

• Remember that if a conflict arises, you have a legal basis to call a local police officer who will help remove the guest from your apartment.
• Without the consent of the owner, the guest can stay in your house until 23-00.
• Do not give the keys to your home to a stranger.
• Do not give written permission to register your home.
• Don't let the person living with your daughter or son pay your utilities.
• You have the right to demand the expulsion of any citizen who is not registered with you by submitting an application to the relevant police department.
• Also write a lawsuit to the court to evict this person from the premises without providing other housing.

Reasons

According to the law of the Constitution, every person has the right to housing, and only a court can deprive him of this right. Such decisions are made only if there are serious reasons, which do not include the lack of registration - it does not in any way affect the deprivation of residence in a residential area.

Registration is similar to registration, but there is a difference. Registration is of a notification nature, so often the case is decided against an unregistered person.

Reasons that the court considers significant for eviction of a tenant:

• divorce;
• change of owner;
• at the insistence of the owner;
• termination of the rental agreement.

In such cases, eviction is carried out against citizens with the right to use living space without providing them with compensation or new living space. Only the owner of the property can go to court, even if he also does not have registration. The legal owner may also be left homeless but receive compensation in situations where:

• the land on which the house is located is seized for state needs;
• The house is in disrepair and is considered subject to demolition.

These cases are also decided at a court hearing, without a verdict of which any procedures will be considered illegal. In the event of arbitrary actions on the part of the municipality, the injured party has every right to demand compensation from it for the inconvenience and moral damage caused.

How to kick an unregistered tenant out of an apartment?

The expulsion of unregistered tenants depends on the reason why they should be deprived of the right to use living space. In each individual case, the conclusion of the case is made on the basis of facts and evidence. There are various nuances when moving out from different types of apartments.

From a privatized apartment

Privatization means the transfer of living space from the state to residents, free of charge. This procedure is carried out once and means that the person who took part in it cannot lay claim to part of another living space. Any person who does not have his own part in it can be discharged from privatized housing.

If a citizen received privatized housing, but did not participate in the procedure for changing ownership, then in the future he will not have the right to dispose of this housing. He may still have the opportunity to live in it if he is registered there and is:

• child;
• dependent of the owner;
• a person who refused privatization.

Their eviction is also possible if they do not have proof of residency, but only after a legal court decision has entered into force. The judge may also grant a deferment to resolve the issue of housing for the evicted persons.

From a council apartment

The initiator of the eviction is the municipality, which is the owner of the living space, or the neighbors. The municipality has the right to evict for:

• non-payment of utilities;
• voluntary termination of the employment contract;
• disturbing the peace of neighbors;
• inappropriate use of housing;
• the house is subject to demolition.

First you need to record the fact of violation, because not all cases are easy to prove in court. If a tenant is evicted for debt, this can be easily established. If the rights of neighbors were violated, then the protocols of the district police officer can be used as evidence. The use of housing for other purposes or its damage is noted in acts drawn up by the competent commission. But everywhere you will need an application to the court. Even for debts to utility services, eviction occurs only by decision of a court hearing.

From a non-privatized apartment

Any persons registered in non-privatized housing have the same rights to reside in it as landlords. The threat of eviction from the occupied living space may not concern every tenant; for this there must be compelling reasons, for example:

• The resident grossly violates the rights of his neighbors.
• Large debts for utilities.
• The person has not lived in the disputed area for a long time.
• Damage to the apartment due to the fault of the tenant.
• Use of housing for office, shop.

To evict, you will first need to recognize the tenant who has lost the right to reside in the apartment, then write him out, and only then carry out the expulsion. Only bailiffs can recognize that a given person has lost the authority to live in a residential apartment. At court hearings, the rights of not only the plaintiff, but also the defendant are protected. Children can be discharged by agreement with the guardianship authorities if they are provided with other housing equal to the given living space.

Eviction of an unregistered spouse

Housing acquired during marriage is joint property, and after a divorce is subject to division, unless there are any conditions in the marriage contract. Eviction of one of the spouses usually occurs in the event of a divorce from an apartment purchased before marriage. In court, you must provide a divorce certificate as proof of the legality of these actions.

It doesn’t matter at all whether the tenant has a residence permit or not, except in the case of living in municipal housing, if the marriage of one of the spouses ends, the advantage of using the apartment ends. In other situations, all issues are considered in court.

1. If the spouse has not been registered, but is the owner of the apartment, then he cannot be evicted even through the court. Registration in this situation does not play a significant role.

2. If the premises were purchased on the basis of shared ownership of the property, then the spouse can purchase another part of the housing, but only by agreement.

3. If the living space was privatized, purchased before the wedding by one of the spouses, or gifted by inheritance, then after the divorce the other spouse may be deregistered without his consent. He is obliged to leave the housing, the owner of which is no longer related by family ties. If he refuses to do this voluntarily, then the issue is subsequently resolved at a court hearing. The court may give him a reprieve to look for other housing.

4. A child after the parents’ divorce is not a former family member. Until he reaches adulthood, he can live in the living space of one of his parents.

Eviction from an apartment without the consent of the tenant

Expulsion of a person without his consent is not an easy procedure that requires a thorough knowledge of the law. In this situation, you will need to provide irrefutable arguments for the basis. According to the law, minors are subject to restrictions.

What you need to provide:

• ownership documents;
• lawsuit;
• evidence that can legally evict the defendant.

Going to court

To evict an unregistered person, you must correctly file a claim in court. It will be considered at the place of residence of the applicant and the defendant in court. The following are eligible to submit an application:

• property owners;
• neighbors who have their rights violated.

In almost all situations, the issue of eviction is resolved in court. To make a decision you will need the following:

• a correctly drawn up claim;
• lack of relationship between the plaintiff and the defendant;
• the age of majority of the evicted tenant;
• his capacity;
• indisputable evidence of a person’s loss of rights to use living space.

The application must be drawn up in accordance with the legislation of the Russian Federation.

• The introductory part contains information about the court, the applicant and the defendant.
• The narrative block sets out the history of the controversy and the action taken.
• The motivation part describes the violated norms.
• The operative part with the plaintiff's demands.

In addition, other documents will be required that prove confirmation of the rights of the applicant and the defendant, as well as evidence of the settlement of the situation.

• birth or marriage certificates;
• rent agreement or title deed;
• acts, protocols;
• receipt of payment of duty.

How can you evict an unregistered person from an apartment?

When filing a claim, you need to rely on basic laws that will help preserve your rights. Articles 7, 11, 69 and 70 of the Housing Code of the Russian Federation indicate your legal right, according to which you can apply to the court with a request to expel an unwanted person, without providing him with another living space. Before turning to higher authorities with a claim, we advise you to come to the authorities with a request to apply sanctions to persons living illegally on your territory.

After contacting the police station, you will be given a notification filled out according to the established form. Employees are required to check the arguments set out in the claim within 10 days. You are personally given a written response, formatted according to the sample and signed by an official. If you do not agree with the court's decision, you have the right to appeal the decision to the prosecutor's office.

Hello, Oksana.

It is possible to remove a daughter from the registration register (discharge her from the apartment) only in court, if there are appropriate grounds.

According to the Housing Code of the Russian Federation:

Article 31. Rights and obligations of citizens living together with the owner in residential premises belonging to him

4. 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 an agreement between the owner and the former member of his family.

If a former family member of the owner of a residential premises has no 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 the residential premises owned by the specified owner may be retained by a former member of his family for a certain period based on a court decision.

Article 35. Eviction of a citizen whose right to use residential premises has been terminated or who violates the rules for using residential premises

1. If a citizen’s right to use residential premises is terminated on the grounds provided for by this Code, other federal laws, an agreement, or on the basis of a court decision, this citizen is obliged to vacate the corresponding residential premises (stop using it).

If this citizen does not vacate the said residential premises within the time period established by the owner of the relevant residential premises, he is subject to eviction at the request of the owner based on a court decision.

Despite the fact that your daughter has not lived in the apartment for about 5 years, this is not a basis for deregistering her. You will need to prove to the court that your daughter’s non-residence in the apartment is not temporary and she has another residential premises where she lives for a long time, and also that you did not interfere with her living in the apartment and she voluntarily left for permanent residence in another residential premises .

The Housing Code provides for other grounds when it is possible to obtain deregistration in court:

Article 83. Termination and termination of a social tenancy agreement for residential premises

[Housing Code of the Russian Federation]

4. Termination of a social tenancy agreement at the request of the landlord is permitted in court in the following cases:

1) failure by the tenant to pay for housing and (or) utilities for more than six months;

2) destruction or damage to residential premises by the tenant or other citizens for whose actions he is responsible;

3) systematic violation of the rights and legitimate interests of neighbors, which makes it impossible to live together in the same residential premises;

4) use of residential premises for other purposes.

However, if during the privatization of the apartment your daughter wrote a refusal to participate in privatization, it will be impossible to remove her from the registration register even in court, since in this case she has the right to indefinite (lifelong) use of the residential premises, according to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 07/02/2009 No. 14 "On some issues that have arisen in judicial practice when applying the Housing Code of the Russian Federation."

Questions like this are not uncommon. There are different situations - housing is owned or privatized in shares, municipal. And what does judicial practice say about this, because it is the court that needs to be addressed to resolve such a problem. Svetlana Mikhailovna Tomilova, assistant judge responsible for media relations at the Sheksninsky District Court, provided clarification.
- Answering the main question in the situation that has arisen: is it possible to evict or deregister a citizen at his place of residence without his consent, we will first note the rights of citizens to housing guaranteed by the Constitution of Russia. So, the Constitution of the Russian Federation granted everyone who is legally on the territory of the Russian Federation the right to move freely, choose a place of stay and residence, and also guaranteed the right to housing (Part 1, Article 27, Part 1, Article 40 of the Constitution of the Russian Federation). Accordingly, no one can be arbitrarily deprived of it. According to Part 4 of Art. 3 of the Housing Code of the Russian Federation, no one can be evicted from their home or have their right to use it limited other than on the grounds and in the manner provided for by this Code and other federal laws.
Article 16 of the Housing Code of the Russian Federation defines the types of residential premises, these are: 1) residential building, part of a residential building; 2) apartment, part of an apartment; 3) room. Citizens can own and use residential premises on the basis of property rights registered in the manner prescribed by law, or on the basis of a social tenancy agreement for residential premises concluded between the owner of the residential premises and the tenant, or on the basis of a sublease agreement. The powers of the owner of a residential premises are defined as follows: the owner owns, uses and disposes of, that is, determines the future fate of his property.
- On what terms is a social tenancy agreement concluded?
- According to Art. 60-63 of the Housing Code of the Russian Federation, under a social rental agreement for residential premises, one party, the owner of the residential premises (state housing stock or municipal housing stock), undertakes to transfer to the other party - the citizen (tenant) the residential premises for possession and use for living in it on the terms established Housing Code of the Russian Federation. A social tenancy agreement is concluded in writing without specifying its validity period.
- What methods has the legislator provided for terminating a social tenancy agreement?
- A social tenancy agreement can be terminated voluntarily and in court. Article 83 of the Housing Code of the Russian Federation provides that a social rental agreement for residential premises can be terminated at any time by agreement of the parties on a voluntary basis. It is possible to terminate a social tenancy agreement for residential premises at the request of the landlord in court in the event of: failure by the tenant to pay for residential premises and (or) utilities for more than 6 months; destruction or damage to residential premises by the tenant or other citizens for whose actions he is responsible; systematic violation of the rights and legitimate interests of neighbors, which makes it impossible to live together; use of residential premises for purposes other than their intended purpose.
The law provides that a social tenancy agreement for residential premises may be terminated due to circumstances beyond the control of the parties: due to the loss (destruction) of residential premises, or the death of a single tenant.
- How are citizens evicted from residential premises?
- It is possible to evict a citizen from a residential premises or remove him from the registration register without his consent. However, this is only possible based on a court decision. Let's look at the eviction of a citizen from residential premises provided to him under a social tenancy agreement. The first condition under which a citizen can be evicted from a residential premises is the actual non-residence in this residential premises. Moreover, it is necessary to distinguish between the following: “temporary” absence of a citizen - tenant of residential premises at the place of residence or “permanent and long-term” absence. In the temporary absence of the tenant of the residential premises and (or) members of his family, including former family members, for example, in the case of a long-term business trip, long-term treatment, training, they retain all rights and obligations under the social tenancy agreement for residential premises (Article 71 of the Housing Code RF). If the absence of a citizen in residential premises is not temporary, then interested persons have the right to demand in court that he has lost the right to residential premises on the basis of Part 3 of Art. 83 of the Housing Code of the Russian Federation. If the tenant of the residential premises and his family members leave for another place of residence, the social tenancy agreement for residential premises is considered terminated from the date of departure (Part 3 of Article 83 of the Housing Code of the Russian Federation).
The specified provisions of the law are subject to application taking into account the explanations contained in paragraph 32 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated July 2, 2009 No. 14 “On some issues that arose in judicial practice when applying the Housing Code of the Russian Federation.” According to them, the court, when resolving disputes regarding the recognition of a tenant, a family member of the tenant or a former family member of the tenant of a residential premises as having lost the right to use residential premises under a social tenancy agreement due to their constant absence due to leaving it, must find out: for what reason and for how long the defendant ( the person being evicted from the residential premises) is absent from the residential premises; whether his departure is forced (conflictual relationships in the family, divorce) or voluntary; Is it a temporary departure (work, training, treatment, etc.) or permanent (took out my belongings, moved to another locality, entered into a new marriage and lives with a new family in another residential area, etc.); whether there were any obstacles to his use of the residential premises by other persons living in it; whether the defendant acquired the right to use another residential premises in a new place of residence; whether he fulfills his obligations under the contract to pay for living quarters and utilities, etc. If the court establishes circumstances indicating the defendant’s voluntary departure to another place of residence and the absence of obstacles in the use of residential premises, as well as his unilateral renunciation of the rights and obligations under a social tenancy agreement, a claim filed in court to recognize him as having lost the right to residential premises is subject to satisfaction by the court on the basis of Part 3 of Art. 83 of the Housing Code of the Russian Federation in connection with the termination of the social tenancy agreement by the defendant in relation to himself. For example, a citizen does not live in an apartment provided to him under a social tenancy agreement for a long time and does not bear the burden of maintaining the living space; evidence in accordance with Art. 56 of the Civil Procedure Code of the Russian Federation did not present the forced and temporary departure from the apartment to the court. He also did not provide evidence of attempts to move into the residential premises, either independently or established by a court decision to move in, as well as evidence confirming the voluntary payment of expenses associated with the maintenance of the residential premises. Consequently, the court can rightfully conclude that the defendant has committed actions that together indicate a voluntary renunciation of his rights to use the residential premises in the absence of obstacles to this from other persons living in this residential premises or legally owning it .
Such a citizen may be recognized by the court as having lost the right to residential premises and be subject to eviction from the residential premises and deregistration.
­ - A If at ships Not available information O availability at defendant other residential premises? How Then is being considered case?
- The absence of a citizen who voluntarily left a residential premises for another place of residence, in a new place of residence, the right to use residential premises under a social tenancy agreement or the right of ownership to another residential premises cannot in itself be a basis for recognizing the absence of this citizen in the disputed residential premises temporary. So, according to Part 2 of Art. 1 of the Housing Code of the Russian Federation, citizens, at their own discretion and in their own interests, exercise their housing rights. The defendant’s intention to refuse to use residential premises can be confirmed by various evidence, including certain actions (inactions) of the defendant, collectively indicating such an expression of will as the parties to the residential premises rental agreement. This evidence must be examined, evaluated and presented in the reasoning part of the decision by the court.
­ - Svetlana Mikhailovna, Who It has right contact V court With lawsuit O recognition citizen those who have lost right on residential room?
- The landlord (the owner of the residential premises - state housing stock or municipal housing stock), the tenant, or family members of the tenant can file a claim.
- Except responsibilities, O which We Fine we know, tell me, There is whether at employer residential premises By agreement social hiring rights?
- The rights and obligations of a residential tenant are regulated by the Housing Code of the Russian Federation. So, according to Art. 67 of the Housing Code of the Russian Federation, the tenant of a residential premises under a social tenancy agreement has the right, in the prescribed manner, to move other persons into the occupied residential premises, sublease the residential premises, allow temporary residents to live in the residential premises, exchange or replace the occupied residential premises, demand from the landlord timely carrying out major repairs of residential premises, proper participation in the maintenance of common property in an apartment building, as well as the provision of utilities, etc. However, the tenant of the residential premises must notify the landlord and those living with him in writing about all his actions to exercise his rights members of his family, including those temporarily absent.
We must not forget about the obligations of the tenant; it is regulated in the law that he is obliged to use the residential premises for its intended purpose, ensure the safety of the residential premises, maintain the proper condition of the residential premises, carry out routine repairs of the residential premises, timely pay rent for the residential premises and utilities, etc.
- Svetlana Mikhailovna, you spoke in detail about the option of eviction from social rental housing. What if the residential property is in shares or another option - the mother is the owner of the apartment, and the son is only registered in it?
- The rights and obligations of the owner of a residential premises are regulated by Art. 30 of the Housing Code of the Russian Federation, thus, the owner of a residential premises exercises the rights of ownership, use and disposal of residential premises owned by him in accordance with its purpose and limits of use. Residential premises can be either in shared ownership of citizens or in joint ownership; We will not dwell on these issues in detail, since they go beyond the scope of the outlined problem. The most interesting question is when other citizens live with the owner of the residential premises, moved by the owner into his apartment (house) as members of his family. And how can you evict them from the living space they occupy if there are conflicting relationships between the residents and coexistence is impossible? The right to use residential premises belonging to the owner for family members (not owners) arises on the grounds provided for in Part 1 of Art. 31 of the Housing Code of the Russian Federation. Therefore, with the termination of family relations, the right to use the residential premises of the former family member of the owner is also terminated, and he can be evicted without being provided with other housing.
- What is meant by the termination of family relations in the context of housing legal relations regulated by housing law? Who can be recognized as a former family member of the owner of the residential premises?
- For example, a former spouse may become a former family member of the owner of a residential premises due to the dissolution of his marriage. It should be noted that issues of identifying former family members (not spouses) cause difficulties in resolving specific cases in practice, since from the point of view of family law, children and parents cannot be former, and persons who are not in a registered marriage are not family members. But in housing law, slightly different criteria are applied to family members. So, within the meaning of parts 1 and 4 of Art. 31 of the Housing Code of the Russian Federation, former family members of the owner of a residential premises include persons with whom the owner’s family relations have been terminated. If everything is clear with divorced spouses, then for other persons, evidence of the termination of family relations with the owner of the residential premises will be a refusal to maintain a common household, the absence of a common budget, common household items, and more. The issue of recognizing a person as a former family member of the owner of a residential premises in the event of a dispute is decided by the court, taking into account the specific circumstances of each case. One thing can be said for sure: referring only to conflicts in the family and the lack of a common budget will not be enough. It is necessary to collect all types of evidence provided for by procedural legislation to confirm the fact of formal coexistence in the same living space. The court, when considering a case on termination of the right to use residential premises by a former family member of the owner of the residential premises, may reserve for the former family member of the owner the right to use (reside in) residential premises for a certain period, if he has no reason to live in another residential premises, and also if his property status and other circumstances do not allow him to provide himself with housing (Part 4 of Article 31 of the RF Housing Code). It is problematic to terminate the right to use the apartment of former family members for whom the owner of the home pays alimony, since the court has the right, at the request of such persons, to oblige the owner to provide them with other living quarters. An important rule, from the point of view of former family members of the owner, is contained in Art. 19 of the Federal Law of December 29, 2004 No. 189-FZ “On the implementation of the Housing Code of the Russian Federation.” We are talking about those family members who, for some reason, refused to participate in the privatization of the occupied residential premises, but gave consent to other citizens living with them. Consequently, these persons retain the right to indefinite use of the residential premises that they had under a social tenancy agreement.
- Svetlana Mikhailovna, is there really no reason for homeowners to terminate the right to use the residential premises of those citizens who have taken a passive position? In our situation, if, after all, the old mother privatized the apartment and is the owner of the apartment, and the son does not have a share in it by right of ownership, but is only registered in the specified residential premises at the place of residence, but has moved out of the apartment and does not live in it , for example, more than 10 years.
- The Housing Code of the Russian Federation does not regulate the legal consequences of the absence of former family members of the owner of a residential premises due to leaving it. Based on the analogy of the law (Article 7 of the Housing Code of the Russian Federation), the provisions of the above Art. are subject to application to this situation. 83 of the Housing Code of the Russian Federation, as well as the explanations contained in paragraph 32 of the resolution of the Plenum of the Armed Forces of the Russian Federation No. 14. In this case, I believe the son needs to be recognized as a former family member. Consequently, if the son leaves for another place of residence, in relation to our situation, the right to use the residential premises of a former member of the owner’s family, in which he lived together with the owner of the residential premises, can be terminated, regardless of the fact that at the time of privatization of the disputed residential premises the former a family member of the owner of a residential premises had an equal right to use this residential premises with the person who privatized it. The possibility of recognizing children as former family members of their parents - owners of residential premises - if such children achieve full legal capacity is not excluded by the current housing legislation.
­ - Summarizing what has been said, now try to answer our reader’s question.
- Eviction (in our case, if the son’s things are not in the apartment, then deregistration) can be done without the consent of the citizen in court, by sending a statement of claim to the court with the relevant requirements. The court, having studied all the circumstances of the case and examined the documents attached to the claim, will make a decision based on the norms of federal legislation.
- Could you give as examples statistical data for the region specifically on eviction requests?
- In 2015, according to the statistical report of the Sheksninsky District Court, 33 eviction claims were received and considered by the court (regardless of the ownership of the housing stock), which is 2.4% of all considered civil cases received by the court in this period, of which 19 claims were satisfied. In the first half of 2016, nine eviction cases were considered, regardless of the ownership of the housing stock, of which eight claims were satisfied.
­ - Svetlana Mikhailovna, thank you for the detailed explanations.

It would seem that eviction from an apartment of a person who is not registered in it is the simplest thing. However, this is not always the case. There may be various factors and nuances that greatly complicate the process. Who and how can end up living in an apartment without registration? There are a lot of reasons and options: ex-spouses and their relatives, tenants who refuse to move out after the end of the contract, etc.

If the measures described above do not work, and the unwanted tenant continues to be a nuisance, the only option left is to file an eviction claim in court.

Reasons for eviction

The Constitution of the Russian Federation protects Russian citizens by guaranteeing them the right to housing. But if there are compelling reasons, eviction (both with and without the provision of other housing) is possible.

But this, we repeat, has nothing to do with the presence or absence of registration. The right of residence only in rare cases depends on it.

The reasons for eviction of unregistered citizens by court may be the following:

According to these grounds, persons who have only the right to reside in a given residential property without ownership rights may be evicted. This is established by Articles 85 and 90 of the RF Housing Code.

Also important for the court, in addition to the above reasons, is what category the property belongs to:

This will largely determine the order of eviction.

As a rule, the landlord is not obliged to provide them with either other living space or material compensation (except for special cases, which will be discussed below).

Only the owner of the apartment can file a claim for eviction (it does not matter whether he is registered in it or not).

The owner himself can also be evicted in special cases. These include:

Naturally, in both cases, eviction occurs in accordance with a court decision, and the owner is paid compensation appropriate by law.

Eviction from a municipal apartment

The owner of the property in this case is the municipality. Consequently, only representatives of the local government can file a claim for eviction. Other residents can only write a complaint to them.

If the owner goes to court, such issues are usually resolved in his favor. If former family members refuse to leave voluntarily, eviction may be carried out forcibly.

When evicting from an apartment owned in the event of a divorce, much more important than the presence or absence of registration is who and at what time purchased the housing and to whom it was registered.

There can be two options:

1. Housing was purchased (inherited, gifted) to one of the spouses before marriage. In this case, the other person does not have any rights to it and is obliged to vacate the apartment voluntarily, or on the basis of a court decision.
2. Housing purchased during marriage. In this case, the husband and wife have equal rights to it, unless otherwise stated in the marriage contract. It is impossible to evict your ex-spouse; you can only buy out his share.

Only children do not become former family members; until the age of 18, they have the right to live in the territory of one of their parents.

Going to court and eviction

A claim for eviction is filed with the court of general jurisdiction at the place of residence. All collected documents are transferred to the court office, registered and sent to the judge who has jurisdiction over the address.

Witnesses and, if necessary, police officers must be present during the process. The tenant's property is described and handed over to state storage for a period of up to 2 months.

In conclusion, it should be noted that often during a trial, facts that were initially ignored come to the fore.

Therefore, before the start of the trial, it is important to collect the maximum number of supporting documents in this case and obtain advice from an experienced lawyer who can give a probable forecast of its outcome.

Quite often it turns out to be much more profitable to resolve a dispute peacefully, without a trial. Moreover, all legal costs in such cases fall on the shoulders of the plaintiff.