Eviction can rightfully be considered one of the acute housing issues. I must say that according to the law, a person can be discharged from a residential building only with his consent.

This article discusses standard ways discharge, but there are completely non-unique situations that are worth exploring.

Who can be discharged through the court?

From the living area you can write out:

• Father
• Mother,
• Brother
• Ex-husband (wife),
• Former wife (spouse),
• Former zatya,
• Former mother-in-law
• Former family member
• former owner,
• child,
• And any other person.

Extract of minors

Persons under the age of 18 can be discharged only with the consent of their parents or guardians, or guardianship authorities. There are cases when a minor is forcibly removed from the register:

1. When the child is the owner of a share in residential real estate;
2. When the area of ​​the new residential area is less than at the previous registration address.

If you need to register a child in a living space without parents, we recommend that you read the article.

Parents

It is extremely difficult to deprive parents of residence permits. Such cases are resolved only through appeal to the judiciary.

In order to successfully resolve the issue, living space for subsequent registration. You can deprive the right to use if the mother or father does not live for a long time by registration. In this case, confirmation of this fact will be required.

At the same time, having a voluntary desire, the tenant himself can check out from the apartment of his parents. It will take much less time and effort, because the procedure does not require the intervention of the court.

You can check out of residential real estate:

• by personally submitting an application (at the MFC or the FMS department),
• by proxy,
• automatically,
• via the Internet (on the State Services website).

Do I need an owner to check out of an apartment

In the event of a need for voluntary discharge, the consent and presence of the owner is not a prerequisite. At the same time, in order to simultaneously register at a new address, the presence of the owner is mandatory. Otherwise, you will not be given consent to registration actions.

There are times when an extract from the owner is required. Here you will need the help of a lawyer, as the decision is contrary to the Constitution Russian Federation article 40. The probability of a positive outcome of this issue is low, it will take a lot of effort and patience.

Where to go, where to apply, where can I check out of the apartment?

To start the deregistration procedure, you must:

1. Fill out the required application;
2. Attach a set of documents to it;

Send a set of documents or:

• in the Federal Migration Service of Russia,
• MFC (GBU "My Documents").

You can reduce the time of the procedure by contacting the GBU. In this case, it will take three days to process the request, then the package of documents will be immediately sent to the Department of Internal Affairs of the Ministry of Internal Affairs. However, when contacting the MFC, a visit to the passport office is mandatory. This will add more hassle and take longer.

Extract from the apartment through the passport office

Voluntary deregistration is the easiest way to deregister. To do this, you just need to apply to the passport office with an application.

It is possible to download a sample form from the Internet and fill it out at home, or you can do it directly at the passport office. It contains information:

• Date of Birth,
• passport data;
• the reason for applying for an extract;
• name of the registration authority.

When registering at the same time in a new living space, you must specify a new registration address. In confirmation of the specified information, the signatures of the official and the applicant are put.

IMPORTANT! A citizen of the Russian Federation can make an extract from another city. To do this, you need to apply to the passport office at the new registration address with an application, which will contain information about the registration address at the new place of residence, while simultaneously submitting documents for an extract from the old one. The specialist will independently send the documents for an extract to the old address. At the same time, the employee of the passport office is not entitled to refuse to carry out the procedure, because this is contrary to the current legislation.

You can also check out through your representative, provided that you cannot come to the address of this registration. The representative must have a notarized power of attorney with him, since we will be talking about making changes to state register. In the presence of such a power of attorney, the representative may apply to the relevant authorities to formalize the procedure for deregistration.

Extract via the Internet on the website of the State Service

Today, everyone saves their time. In this regard, an Internet service was created. In order to use it, you must:

• register on the Unified Portal of State and Municipal Services;
• enter Personal Area and go to the menu "Public Services";
• from the proposed list, you must select "Removal of a citizen from the registration register";
• give consent to the processing of personal data;
• select the region in which the service will be provided;
• confirm adulthood;
• fill out a questionnaire indicating personal data, the date and the authority that issued it;
• indicate your nationality;
• indicate the reason for the discharge and the fact of the availability of housing in which you can register;
• indicate the form of employment;
• be sure to clarify whether a citizen has the right to receive social security;
• indicate education;
• indicate marital status;
• indicate the authority and place of application.

After filling out the last page of the form, a letter will be sent to the post office indicating the date, time and place where you will need to apply with original documents confirming your identity to complete the discharge procedure.

IMPORTANT! When submitting an application through the public services portal, a citizen or representative is not exempted from visiting the registration authority. In any case, this will reduce the time for submitting documents and avoid queues.

Application to the court for an extract from the apartment

In the event that a citizen refuses to voluntarily discharge from living space, but there are grounds for this action, persons interested in this may apply to the court.

To do this, you must apply to the court with a statement of claim (form Civil Code RF).

The claim must contain:

• the name of the state body to which the application is sent,
• information about the plaintiff and the defendant (name and place of residence),
• circumstances of the case
• reasoned evidence of the need to evict the defendant from the premises,
• in what form the dispute was resolved and whether the procedure was followed,
• set of documents,
• Applicant's signature and date.

Timing

If the defendant does not challenge the court's decision, then the term for discharge from the apartment is 4 months. This period includes:

• 1 month from application to initial interview,
• 1 month from interview to initial meeting,
• 3 days for discharge by court order,
• about one month for voluntary eviction.

The term for the final decision of the court can be extended by repeatedly postponing court hearings and filing appeals.

What you need to do to get out of the apartment

The sequence of actions and ways to resolve the issue of an extract may vary.

In practice, there are three ways:

1. discharge with simultaneous registration at a new place,
2. statement without simultaneous registration,
3. discharge through public services.

The citizen can choose any of the more convenient options.

Claim Form

There are standard rules for filing a claim.

The application must indicate:

• The name of the judicial body,
• passport details,
• The address of the plaintiff and the defendant,
• The name of the application indicating the purpose of the appeal,
• The content of the circumstances of the case and the reasons for the discharge,
• Provide links to the relevant regulations, list and requirements,
• List of attached documents,
• Date of,
• Signature.

Depending on the number of participants in the process, the number of document packages is prepared in the same quantity. Before filing a case with the court, you should make sure that the defendant does not want to resolve the issue voluntarily.

How long does it take

From the moment the application is submitted to the court statement of claim considered within two months, according to the civil law code of the Russian Federation. In the event that the plaintiff presents indisputable evidence of the defendant's loss of the right to use the living space, the term for consideration may change.

Expert opinion

Mikhailov Evgeny Alexandrovich

Civil Law Lecturer. Lawyer with 20 years of experience

For example: presents an expired lease. That is, if there are no grounds for the defendant to live at the place of registration, the court can immediately decide on eviction. On the other hand, if these grounds are disputable, the court may extend the consideration of this case. In this case, the procedure may take several months.

After the decision is made, time (2 months) is given to appeal. During this time, the final form of the decision is formed, with which you can apply to the court. The court then issues a writ of execution.

In practice, waiting for a writ of execution will take from several days to several months. Production dates are not approved by law.

Nuances and features

The owner may express a desire to write out all registered in his living space. The question arises: “In what cases is this possible?”.

1. Persons who were registered before obtaining the right of ownership can be written out only by a court decision. Only the owner has the right to cancel the registration. In the case where the living area is not privatized, such a decision is made by the municipality or representative.
2. The owner of the property itself can be written out only in case of loss of ownership: sold, donated, etc.
3. Minor children can be discharged only in case of relocation. At the same time, the new living conditions should not be worse than the previous ones.
4. A child cannot be discharged if he is the owner of all or part of the property.
5. You can write out of the living space of a person who has to spend several years in prison. But you should know that upon his return he has the right to challenge the deal and the court is likely to be on his side.
6. Is it possible to discharge a pensioner without obtaining his consent? Only through the court. At the same time, when a pensioner is recognized as a family member, he is required to provide equivalent housing.
7. If he is an outsider, the provision of housing is optional.
8. Based on Article 31 of the Housing Code, a former spouse can be evicted, provided that the apartment was purchased by one of them before marriage.
9. In the case of acquiring living space in a barque, it is possible to write out one of the members of the former family if he does not fulfill his obligations to pay bills or in other controversial issues.

If a person does not live at the registration address, this greatly facilitates the eviction process for the owner. At the same time, proving to the court by the defendant that he had no place to register. The court may extend his term for an indefinite period, that is, retain the right to use housing. In practice, this process takes from 3 months to 1 year. This is regulated in paragraph 4 of Article 31 of the Housing Code of the Russian Federation and in paragraph 15 of the Resolution of the Plenum Supreme Court dated July 2, 2009.

One of the most pressing housing issues can be called forced discharge and eviction. By law, a person can be discharged from a dwelling only if he gives his consent to this in writing.

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

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

Discharge of a tenant without his presence

You can discharge a tenant from an apartment without his presence in several ways:

• Registration at a new address;
• By proxy;
• By the tribunal's decision.

The reasons may be different, why a person cannot himself come to the migration service and be discharged.

1. Moved to another city;
2. Seriously ill;
3. Declared missing or dead;
4. Called up for military service;
5. Sentenced to serve a term in places of deprivation of liberty;
6. Lost the right to use residential premises by a court decision.

If the tenant is outside the Russian Federation, he can apply to the migration service by mail with an application for deregistration.

How to write a person out of an apartment without his consent?

Each situation with the discharge of a tenant without his consent is individual and requires careful consideration.

It is possible to write a person out of an apartment without his consent only through a court.

If a citizen does not live at the place of registration for a long time and it is not possible to find out his whereabouts, other tenants are not exempted from paying for housing, and few people will like it.

Sometimes you need to go through the extract procedure to complete a real estate transaction.

Forced check out considered as a last resort and carried out on the basis of a court decision.

Housing can be in a different status - be privatized, used by a citizen under a social loan agreement. Extract (registration) of citizens will be decided in accordance with the legislation of the Russian Federation.

Possible reasons for eviction

Eviction of a person is carried out in such cases:

• Termination of family relations (divorce). If for some reason the marriage broke up and one of the spouses wants to discharge the second, in accordance with Article 31 of the LC RF. If the owner of the apartment purchased it before marriage, then the housing is recognized as property that was not jointly acquired, and the court takes the side of the owner, after which the former relatives can be discharged without any problems.
• A citizen does not live at the place of registration for a long time and does not pay a fee for public utilities. It can be discharged by the court - provided that he owns other housing. Based on the received judgment the person will be deregistered.
• Deprivation of parental rights. If further residence with children is prohibited by the court, the bailiffs can evict the parents without providing them with other housing. In this case, the guardianship authorities act as the plaintiff, and the law will be entirely on the side of minors. People deprived of parental rights are discharged automatically.
• If the municipality that rents out an apartment intends to privatize it, it may decide not to include the tenants who live there in the privatization. Then you will have to deregister. In this case, an extract can be made both voluntarily and in a judicial manner.

You may be interested in an article on how to privatize an apartment on your own, you can read about it.

• Upon entry into ownership under a donation agreement or by inheritance the new owner can write out the people registered there from the apartment through the court.
• When an illegal re-equipment has been carried out in a residential building, or an unprivatized apartment is used for other purposes. To do this, it will be necessary to prove that interference with the structure of a residential building is dangerous for its other residents. It is necessary to apply to the court for the seizure of housing from the owner, the plaintiffs can be representatives of the HOA, members of the Criminal Code, neighbors. If the court decides in favor of the plaintiff, the apartment will be sold at auction.

From a privatized apartment

Discharge of a person from privatized apartment can be carried out without his consent, if during the privatization he was not registered in the apartment, was not included in the order, did not live in it.

There will be no problems with the discharge of a spouse from an apartment privatized before marriage. In the event of its termination, one of the spouses who is not included in the privatization agreement automatically loses the right not only for registration, but also for residence.

In order to forcibly discharge a person from a dwelling, one must contact the registration authority - with a passport, housing documents, and an application.

public housing

The municipal apartment belongs to the authorities or the state. Only they can remove a tenant from the register by filing an application with the court.

You can evict and discharge a person from public housing in the following cases:

1. The tenant has a large debt on utility bills;
2. The operation of housing is carried out with technical violations;
3. Housing is not used for its intended purpose (veterinary overexposure, workshops, etc.);
4. The tenant repeatedly violated the rights of neighbors.

If there are grounds for removing the tenant from the register, this can be done after filing an application with the court and making a decision in favor of the plaintiff.

From an apartment received as a gift

When receiving housing as an inheritance, or the new owner is engaged in an extract of citizens registered there. They can be discharged without obtaining consent, except in cases where they own no other housing.

The owner must apply to the court to carry out a compulsory discharge. After a court session is held in this case and a decision is made, you need to apply with this decision to the registration authority and apply for deregistration of certain citizens.

Extract of minors

Minor children can be discharged, but only if there is the consent of the parents, persons replacing them or guardianship authorities.

Forced deregistration of a minor is not possible:

• When they try to write a child out of a privatized apartment where he has a share;
• An extract is made with subsequent prescription on a smaller area.

If you want to know if it is possible to register a child in an apartment without parents, we advise you to read.

Deregistration due to long absence

When they are going to write out a convict who is in places of deprivation of liberty, one must apply to the registration authorities or to the court.

Deregistration is carried out upon provision of a copy of the sentence that has entered into force and an application.

It should be borne in mind that the tenant, upon his return, can challenge not only this decision and restore his registration, but also challenge the transaction in court if the housing has been sold during this time.

Procedure

With everyone collected documents for an extract, you must contact the judicial authority at the place where the residential premises are located.

It must be understood that it is not the court that will carry out deregistration - it can only be used to recognize that a person for some reason has lost the right to use the living quarters.

After a court decision is received, a person can be discharged by contacting the passport office, MFC, HOA, etc.

You must submit to the passport office:

• Application from a person wishing to make an extract;
• Certificate of persons registered in the apartment;
• House book, if the extract is made from a private house;
• A court decision on deregistration of a person, which has entered into force, certified by the court.

The presence of the discharged citizen is not required. Deregistration will be carried out within a few days.

Sometimes, even after discharge, a person refuses to leave housing. In this case, it is necessary with a court decision and with writ of execution contact the bailiff service.

If you are interested in how to evict an ex-husband from an apartment, we suggest watching the following video.

Often, the owner of an apartment has problems with the tenants registered in it. But in order to write them out, the personal presence and consent of these tenants is necessary. This also applies to the process of selling an apartment. In such cases, the owners are wondering - how to write out the tenant without his consent?

Extract from the apartment of a registered tenant without his presence is allowed by law when:

• He registers at a new place of residence;
• Instead, there is a trusted person;
• There is a court order for release.

If a person simply cannot visit the FMS department because he moved to another country, is serving a sentence in a correctional colony, serves in the army or is in a hospital, he can apply for deregistration through the State Service portal or by mail.

When making an extract by a trustee, the power of attorney itself must contain his authority to make changes to the registration data of the trustee. The power of attorney and the application for discharge itself must be certified by a notary. In addition to the power of attorney, for discharge without the presence of a person, you must provide his passport and the passport of an authorized representative.

This is the main way to solve the problem without the direct participation of the subscriber himself. But there are special cases when you can write out without a power of attorney.

How can the owner write out the prescription on his own?

If it is not possible to agree with the registered person, then the discharge from the apartment most often occurs through the court. The law specifies a number of reasons why this may be done.

In the case of passing the registered military service, it can be removed from the register without his presence, on the basis of an application from the owner of the apartment and documentary confirmation from the military registration and enlistment office.

A similar situation is the discharge of prisoners. But in this case, you need to provide a court certificate stating that the sentence has entered into force.

Also, the court decides on the recognition of a person as missing. On the basis of such a document, it can also be discharged from the apartment.

In addition to these situations, there are quite common cases of loss of the right to use housing. For example, this happens during a divorce. One of the spouses is the owner of the apartment, and the other must leave it. If he refuses to do this, then the owner of the apartment can sue for forced deregistration.

The difficulty is related to the discharge of minor tenants. In this case, only a court decision is not enough, you also need the approval of the guardianship authorities. In this case, the child must be provided with another housing, comparable in terms of parameters with the previous one. If this is not possible, then it will not be possible to write it out.

How to discharge a person without his consent?

In a situation where a person refuses to be discharged, only a court decision can help. And often it is simply necessary for other tenants to get it, because even if one of them does not appear in the apartment, the rest have to pay rent for it.

Forced discharge does not depend on the status of the premises: private or municipal. The grounds for both types of housing are the same:

• Divorce (provided that housing is not considered jointly acquired property);
• Absence at the place of registration for a long time (provided that the citizen has other housing);
• Deprivation of parental rights (in this case, it does not matter if they have other housing);
• Privatization. Those who privatize an apartment may not include those who simply live there;
• Owner change. The new owner, on the basis of title documents, can write out other tenants through the court;
• Illegal redevelopment or change of purpose of the premises (for this, even the owner can take away housing).

However, in the latter case, they will be discharged only if the redevelopment has created a threat to the life or health of residents.

Features of the discharge of a person without his consent

Deregistration in each case has distinctive features. It is worth considering in more detail the most common of them:

Privatized housing

If a person during privatization was not included in the order and did not live in this apartment, then he can be discharged without consent. There are no additional restrictions in this case. The situation is similar with divorce. But in this case, it is important that the housing is not jointly acquired in marriage. Then, in the event of a divorce, the non-owner of the apartment loses all rights to it. If the ex-spouse refuses to sign out, you need to go to court. The court, in this case, will be on the side of the plaintiff.

Deregistration takes place in the FMS. The owner of real estate must apply to the department at the place of residence with a passport, an application and documents confirming his right to this property.

council housing

With housing owned by municipal authorities, the situation is more complicated - a tenant can be discharged only by their application to the court. The grounds for this are:

• The presence of arrears in utility bills;
• Violations when using the apartment;
• The use of living space for other purposes;
• Constant violation of the rights of neighbors (noise at night, etc.).

In the presence of any of these grounds, the court will most likely decide in favor of the landlord and the tenant will be discharged.

The process of discharge from public housing includes several stages:

• Notification of the municipality of violations by the tenant (Article 91 of the Housing Code is in force);
• Drawing up a claim in court;
• Submission of an application to the court at the location of the apartment;
• The court considers the circumstances of the case and, if violations are confirmed, makes a decision on discharge.

However, some additional aspects of the case must be taken into account. The prolonged absence of a person is not in itself a violation on the basis of which it can be discharged from public housing. But on the basis of Article 72 of the Housing Code, it is possible to demand the exchange of such housing.

Also, one of the tenants is not the basis for his discharge, since he has the right to use this living space. Especially if non-payment is related to health or income level.

If the apartment was donated

Upon receipt of an apartment on the basis of a gift or inheritance under a will and law, the new owner can write out other tenants, but subject to two conditions:

• If they have other accommodation;
• If the deed of gift, will or legacy does not contain a prohibition on their issuance.

In case of conflicts, it is also possible to forcibly discharge a tenant in this situation only by a court decision.

Discharge of the child

Since the law protects the interests of children, it is difficult to forcefully discharge a minor tenant. Firstly, this requires the consent of the parents (guardians) and guardianship authorities. Secondly, there are a number of situations when an extract is impossible under any circumstances. Namely:

• The child owns a share in this apartment;
• They want to register the child in a room with a smaller area.

In these cases, even when considering the case in court, a decision will be made in favor of the child. Also, employees of the guardianship authorities, who will also be on the side of the child, will take part in the court session.

How to discharge a person through the court?

Filing a statement of claim for an extract from an apartment is the first stage of a court proceeding in the case of an extract from an apartment. It is important to compose it correctly. Qualified lawyers can help with this. Additionally, to be discharged from the apartment, the following documents are required to be submitted to the court:

• Applicant's passport;
• His certificate of ownership (or an extract from the USRN);
• Title document (certificate of inheritance, contract of sale, etc.);
• Other documents that may be needed in a particular case (account statements, divorce certificate, etc.).

In addition to the documentary side of the case, the court will take into account the testimony of witnesses. So the plaintiff must take into account the presence of witness testimony. If the court satisfies the claim and recognizes the right to use the apartment as lost, then the owner of the apartment can then apply to the registration authorities directly for an extract from the tenant. There, in addition to the court decision, he provides:

• House book (if people are discharged from a private house);
• Certificate of persons registered in the apartment;
• Statement.

In this case, everything happens without the presence and consent of the person being discharged. The checkout process itself will take up to 3 days.

When buying an apartment with a registered person

This is the simplest, from the point of view of the law, case of discharge of a tenant. Legislation clearly stands to protect the interests of the new owner, as he has title documents for this property.
Therefore, if a person does not want to be discharged voluntarily, he will be removed from registration by force by a court decision. Of course, the new owner still faces inconvenience, as he needs to go to court and spend time on the process of considering the case.

But these are not the main problems. There are a number of categories of tenants who cannot be discharged even if this housing is purchased. These include:

• Living in an apartment according to a testamentary refusal;
• Minor tenants;
• Those who refused privatization in favor of other persons, but did not lose the right to use housing.

These are unpleasant circumstances for the new homeowner, since he will not be able to write them out in any way. In other cases, you must immediately go to court if the tenant refuses to check out and move out of their apartment.

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De-registration (extract) of residents from apartments, both state-owned and those located in private property may be voluntary or .

The tenant is discharged himself if he registers in another housing or moves. Compulsory deregistration is carried out by a court decision and is possible if there are good reasons: the absence of a citizen for a long time, non-payment of utility bills, and so on.

Articles 209, 288 and 292 of the Civil Code of the Russian Federation the rights of the owner to housing are provided, namely: use, disposal, possession.

These rights are exercised by a citizen - the owner of housing in accordance with the purpose of residential or non-residential space. Moreover, the owner can both personally live in an apartment or house, and settle (register) his relatives or third parties in it.

The owner can write people out of the apartment with their consent or without it (by a court decision).

In the first case - by agreement of the parties - there are no problems. If a citizen does not want to voluntarily be discharged, and he has lost the right to use housing, the owner goes to court with a lawsuit in which he indicates the reason for deregistration.

There are certain nuances of an extract from housing of different categories of people:

1. It is easy to write out a former spouse if the apartment was bought by a husband or wife before marriage. One of the spouses automatically loses the right to reside after a divorce, which is enshrined in Art. 31 of the Housing Code of the Russian Federation.
2. In order to, you need to obtain permission from the guardianship and guardianship authorities. This government agency considers each case individually, monitors the observance of the rights of the child when changing the place of residence.
3. The owner can deregister a person who is serving a term in places of detention according to a court verdict. However, upon release, the latter has the right to register in this apartment.
4. Also, the owner can write out tenants (even without their consent) if he became the owner of the apartment by inheritance, as a result.

All other cases of forced deregistration are considered by the court individually.

The owner of an apartment may have a person in it with the consent (in writing) of all the owners of this premises. The exception is child- He automatically registered at the place of registration of one of the parents without permission from the owner.

If the owner of the apartment is alone, he can register any person in it, even without the knowledge of the citizens living in it.

The procedure for the discharge of a resident by mutual agreement

It is not difficult to write out a tenant from privatized housing. Difficulties may arise except with a municipal apartment.

The owner is not required to be present during this procedure, that is, the person independently goes through the process of deregistration.

Is not provided. Application under consideration within three working days.

If for some reason the tenant cannot be present at the deregistration procedure, he has the right to do so by proxy. The power of attorney is drawn up and certified by a notary.

Required documents

For voluntary discharge from the apartment, you must have:

All documents must be submitted to the passport office together. In the absence of any of the documents, you can get a refusal to deregister.

Deregistration procedure

The discharge of a person on a voluntary basis is carried out as follows:

According to the law, if a person simultaneously with deregistration or a house, he can apply to the passport office at the address of the new residence. There he becomes registered, thereby automatically being discharged from the old place of residence.

This process takes up to one month.

FMS employees are provided in addition to a passport and a military ID, if the tenant is discharged to a personal apartment or house.

Extract through the Internet portal "Gosuslugi"

Today you can use the Internet service "Gosuslugi" to go through the deregistration procedure.

To do this, you need to follow these steps:

1. Visit the portal "Electronic government: public services".
2. At the bottom of the main page of the site, click on the tab "All services (by departments)", and in the window that appears - "Federal Migration Service".
3. In the pop-up window, select the item - Registration of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation.
4. Select "Deregistration of a citizen", in the case of permanent registration - the item "Residence", and temporary - "Stay".
5. Click the button on the right - "Get the service."
6. Read and sign (tick) the agreement for the processing / storage of personal data.
7. Fill in your personal details, click "Next".
8. Select the territorial branch of the FMS that serves the area of ​​residence.
9. Choose how you want to receive the notification and click Apply.
10. During three working days you will receive a notification and will have to visit the passport office in person with the original documents.

Features of deregistration from a municipal apartment

The Housing Code defines municipal property as the property of the state or municipality. It is possible to write out a tenant from such an apartment with his consent or by a court decision.

• no payment for an apartment or utilities for six months or more;
• regular violation of the norms of public order;
• damage to property or the apartment itself;
• misuse of housing;
• absence of tenants for quite a long time.

Forced check out of a tenant

Owner's going By the tribunal's decision. That is, the owner must file an appropriate statement of claim, which indicates the reason for deregistration.

In this case, you must provide the following documents:

• documents confirming the right to housing;
• passport;
• receipt for payment of state duty.

With a decision, if the court issued one, the owner goes to the passport office and discharges the citizen without his consent.

In any case, it is necessary to strive for a pre-trial, that is, amicable settlement of the dispute. Litigation costs are usually high, and the proceedings take a lot of time.

If a citizen does not live in an apartment for a long time, ask him to issue a power of attorney for deregistration. If it maliciously violates the living conditions, have a conversation. Peaceful resolution of the dispute will save the owner money and effort.

Video: Rules for discharge from the apartment

The program understands the order of discharge of tenants from the owner's apartment. The grounds under which the owner has the right to apply to the court with a claim for the eviction of the tenant are analyzed.