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 due to a 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.

The person registered in the apartment in some cases causes inconvenience to the owner. However, deregistration usually requires the presence and consent of the registered citizen. What should the owner do? In this article we will tell you how to expel a person from an apartment without his presence or consent.

Checking out of an apartment without the presence of a registered person is possible in the following cases:

1. The registered person will register at another place of residence.
2. Instead of what is prescribed, another person will act on the basis of a power of attorney.
3. The person is discharged based on the relevant court decision.

If the reason for the impossibility of appearing at the FMS office for discharge lies in moving, serving a sentence in prison, military service, being treated in a hospital, etc., you can apply for deregistration remotely - by mail or by using the portal Public services.

The power of attorney for the extract must be notarized. The text of the document must state that the representative has the right to deregister at a specific address. The application for an extract must also be notarized. Thus, for discharge without the presence of a person, you will need a power of attorney, an application and passports of both (the one for whom the power of attorney is issued and the one who is being discharged).

There are no other methods of discharge without the presence of a person. However, in some situations, a power of attorney is not required. Let's consider them further.

How can the owner expel a registered person from an apartment?

In most cases, the owner has to discharge the person through the court. The law provides for only a few reasons that can become the basis for deregistration of a person by the owner.

Thus, a citizen undergoing compulsory military service in the army is deregistered at his place of residence without personal presence at the FMS office. The basis for this will be a statement from the owner of the apartment and documentary evidence from the military commissariat.

The second reason for discharge at the request of the owner is serving a sentence in prison. In this case, in addition to the application, you will need to provide the FMS with a certificate from the judicial authorities confirming that the sentence has entered into legal force. The same document will be required to discharge a person declared missing.

Another reason for discharge is loss of the right to use housing. This may happen due to the termination of family relations with the owner of the property. For example, in the event of a divorce, the one who is not the owner of the apartment must sign out. If it is not deregistered voluntarily, the owner has the right to file a claim in court.

The greatest difficulty arises when a minor needs to be discharged from an apartment. Deregistration can only occur by court decision with the approval of the guardianship and trusteeship authorities.

The child cannot be discharged “to nowhere.” In return, another living space must be provided, which will not be worse than the previous one.

How to discharge a person from an apartment without his consent?

If a person is categorically against deregistration, only a court can remove him from the register. However, even if a citizen does not appear at his place of residence for a long time and nothing is known about his whereabouts, other residents have to pay rent for him. Of course, few people will like this.

Regardless of the status of the residential premises (private or municipal), forced deportation without the person’s consent can be carried out on the following grounds:

1. Divorce - if housing is not joint property.
2. Long-term absence from the place of registration - deregistration is possible if the person owns other residential premises.
3. Deprivation of parental rights - such parents are automatically discharged “to nowhere.”
4. Privatization - municipal authorities have the right not to include persons living in the apartment among those participating in privatization.
5. Change of owner - the new owner (under a deed of gift, certificate of inheritance, purchase and sale agreement, etc.) has the right to deregister registered persons by going to court.
6. Illegal redevelopment or use of residential premises for other purposes - in this case, the housing can be seized from the owner.

In the latter situation, in order to evict, you will need to prove that incorrect actions caused a threat to the life or health of other residents.

Features of discharging a person without his consent

Removing a citizen from registration may have some nuances. Let's consider the features of a person's discharge depending on the circumstances.

Privatized housing

The consent of the registered person will not be required if during privatization he was not included in the order and did not live in the living space. There will also be no difficulties with the registration of the husband/wife if privatization was carried out before the marriage. In the event of a divorce, the one who was not included in the contract automatically loses all property rights.

Dear readers! We cover standard methods for solving legal problems, but your case may be unique. We will help find a solution to your problem for free- simply call our legal consultant at:

It's fast and for free! You can also quickly get an answer through the consultant form on the website.

Deregistration at the place of residence is carried out at the territorial branch of the FMS. The owner can contact the department with a passport, application and title documents for the residential premises.

Municipal housing

If the apartment belongs to the municipality or the state, deregistration at the place of residence occurs only upon their application to the court. Eviction and expulsion are possible on the following grounds:

• the tenant has debts to pay for housing and communal services;
• presence of violations in the operation of the apartment;
• use of living space for other purposes;
• systematic violation of the rights of third parties during the use of the premises (for example, regular noise disturbing neighbors at night).

If there is at least one of the listed grounds, the court will make a decision in favor of the plaintiff and the tenant will be evicted and discharged.

If the apartment was given as a gift

When housing is received by the new owner by gift or inheritance, he has the right to write out the citizens registered there, unless otherwise provided by the terms of the gift or testamentary refusal. Another possible obstacle is the lack of other housing for registered persons.

Forced discharge is carried out through the court. After the decision is made, it must be attached to the application and sent to the territorial office of the FMS.

Discharge of the child

Deregistration at the place of residence of persons under the age of majority occurs only with the consent of the father and mother or guardians. In some cases, even forced discharge is impossible.

There are two such cases:

1. The child has a share in the apartment.
2. It is planned that the child will be subsequently registered in a room with the smallest area.

In these situations, even filing a claim in court will not help. Representatives of the guardianship and trusteeship authorities are always present at such processes and will defend the interests of the child.

How to discharge a person from an apartment through the court?

The discharge of a person without his consent through the court begins with the preparation of a statement of claim. The following documents are attached to it:

• general civil passport of the Russian Federation;
• certificate of ownership or extract from the Unified State Register of Real Estate;
• the document on the basis of which the ownership of the apartment arose (deed of gift, will, purchase and sale agreement, etc.);
• other documents related to the case - statements of personal accounts, divorce certificate, etc.

During the trial, the testimony of witnesses will also be taken into account. You need to contact the judicial authority at the location of the residential premises. A positive result will be considered recognition of the loss of the right to use the apartment.

After receiving such a court decision, you must contact the Federal Migration Service, passport office, MFC or other institution endowed with similar powers to directly discharge the person.

In addition to the court decision that has entered into legal force, the following is provided:

• statement;
• certificate of persons registered in the apartment;
• house register (when leaving a private home).

The presence or consent of a person is not required. Discharge will occur within 1-3 days.

You bought an apartment with a registered person, how do you register it?

In such a situation, the law is completely on the side of the new owner. The registered person must sign out. If he does not do this, he can be forcibly removed from the register through the court.

However, this rule does not apply to several categories of citizens:

• persons who have the right to live in an apartment on the basis of a testamentary refusal;
• minors;
• persons who refused privatization in favor of another person, but did not lose the right to use residential premises.

These citizens cannot be discharged even through the court. The new owner will have to come to terms with the fact that there is a stranger in the apartment.

If the registered person does not belong to any of the listed categories, then action must be taken immediately. If it is impossible to resolve the problem peacefully, go to court.

If you have any questions, please consult a lawyer. You can get free legal assistance on our website.

Sometimes problems with a registered person do not end at the time of discharge. He can continue to live in the premises, ignoring the owners’ complaints. In this case, you should contact the bailiffs to ensure the execution of the court decision.

Is it possible to eject a non-owner from an apartment without consent? Let us note one important point.

The law granted the right to register, deregister citizens homeowner at his own discretion.

In other words, the property owner can cancel the registration of a person living in his home. But the employer does not.

The owner of the apartment can write out without the consent only of the person who registered after privatization. If he lived before acquiring it as a property, then deregistration occurs only.

How to deregister a person without his consent? In the case of a tenant, the issue of checking out an unwanted tenant without his permission decided in court. And not otherwise. The actions of him, the employer, are as follows:

1. First, contact the owner, i.e., the municipality.
2. Only after the owner has taken the actions prescribed to him by law in relation to a person who does not want to lose his registration stamp should he go to court.

The owner cannot be evicted from his home. You can cancel its registration after transferring the right to property to another person.

It is very difficult, almost impossible to deprive of registration. To discharge a child you need to receive permission from guardianship authorities. They may refuse if his financial situation worsens as a result. A child who owns a share in the home or it in full cannot be removed from the register.

Read on our website about how to cancel registration, whether this can be done or what is required to deregister at your place of residence, as well as how to do it elsewhere.

Legislation

Registration procedure and its cancellation is regulated by:

Let's try to figure out whether the owner of the apartment has the right to discharge a tenant without his consent.

Reasons

Conditions, as well as grounds for the forced removal of a citizen from occupied housing depend on the form of ownership. The most common cases in judicial practice applicable to include:

If the apartment is owned, then the following are added to the above:

1. Family relationships have ceased, a divorce has been officially filed (read about discharge or).
2. There is no common housekeeping. Residents pay separately for the costs of maintaining the home or do not participate in them.

Also find out on our website whether it is possible or necessary, and in what time frame you need an apartment.

Registration procedure

We will provide the procedure for checking out of an apartment without consent in the form of brief instructions. Some kind of guide to action. Let's start with general questions.

Registration, cancellation is handled by the FMS. Therefore, you need to contact the branch of this organization on whose territory the housing is located.

This, first of all, concerns the owner, but only if he has grounds to deregister the person himself, without court intervention.

How to deprive a non-owner of registration without consent without a trial? We already talked above about when he can cancel the registration of a tenant himself. The features of the extract are discussed below.

We will only talk about those documents that must be submitted to the court, since the law does not provide for other methods of eviction from housing without consent.

Although the legislator has allowed the owner to independently resolve issues of registration/extract, in practice they are resolved, in most cases, in court.

For forced cancellation of registration We will need a package of documents, which includes:

• . Please note that the court does not deal with discharge. He can only stop using the housing;
• documents for housing. Lease agreements, certificate of ownership;
• utility bill receipts;
• witness or other evidence of a citizen’s antisocial behavior;
• certificates confirming the availability of other housing;
• certificate of those registered in the specified dwelling;
• receipt of payment of state duty.

note on two important points:

1. You cannot be evicted from an apartment without the person’s consent. If he has no other housing, then the owner is obliged, in this case, to provide the evicted person with equivalent housing.
2. Utility debts must be paid before check-out. Otherwise, it will have to be paid to the property owner.

Such issues are considered by the magistrate court. Appeals from a claim submitted to higher judicial authorities.

The claim is accepted for consideration within 5 days. A decision on it is made within one to two months. The established fee will be 200 rubles.

But we must take into account that it is charged in this amount if the claim is brought against one defendant. If there are several of them, then the duty is paid for each separately.

The full cost of all costs cannot be deduced, since it will also include the cost of making copies of documents and notary services. And their prices vary depending on the region of the country.

After cancellation of registration, the discharged person will be given departure slip.

Nuances and features

In what cases can a person be discharged without his permission, and in what cases not? Please note that the owner can, at his discretion, sign out everyone registered in his apartment.

But only those citizens who were registered after the property is transferred into ownership.

These people can only be deregistered through a court in accordance with the established procedure.

Only the owner of the home can cancel a person’s registration. In the case, the municipality or its representative, in this case the employer, but only through the court.

The owner of the property can only be discharged if he lost ownership. Transferred, sold, donated and the like.

The child can be evicted only in case that. If after the move his material and living conditions do not worsen. His discharge requires permission from the guardianship authorities. If the child is the owner of the home or part of it, then he cannot be evicted.

How can the property owner sign a pensioner out of an apartment without his consent? If a pensioner is recognized as a family member, then he can only be removed from the register through a court providing him with equivalent housing. If he doesn't have it.

If it is an outsider, and also registered after privatization, then it can be removed from the register by the owner. In this case, provide him with another living space not necessary.

Spouses divorced, apartment was acquired by one of them before marriage. In this case, the second spouse can be deprived of registration without problems on the basis of the Housing Code, Article 31.

If real estate was acquired during marriage, then it is fashionable to evict one of the members of the former family only if there are the above grounds, debt, hostile relations, etc.

As you can see, even from our far from complete review, deregistration without consent is not a simple process. He has legal subtleties and complexities.

Therefore, God forbid, if you have to deal with this matter, it is better to contact an experienced lawyer, lawyer and study judicial practice. This way you will be able to carry out the discharge without hassle, in the shortest possible time and without difficulties.

If you find an error, please highlight a piece of text and click Ctrl+Enter.

- this is what allows you to use living space regardless of whether a person has ownership rights to it.

In this regard, sometimes a situation arises when a conflict arises between the owner and the registered person regarding the use of housing.

Every citizen of Russia is required to be registered, but this does not mean that everyone must own personal housing. So the people registered in the apartment are not necessarily the owners. You can be registered at a specific address, but not have any rights to dispose of living space.

Can the owner of the apartment write out the registered person without his consent?

To solve your problem RIGHT NOW
get a free consultation:

7 (499) 653-60-72 ext. 910 Moscow

7 (812) 426-14-07 ext. 801 Saint Petersburg

7 (800) 500-27-29 ext. 466 Other regions

In contact with

Does the apartment owner have the right to evict tenants?

The owner of a home (apartment, private house) has every right to deregister persons registered in the apartment.

However, if the registered person refuses to consent to discharge, this creates a number of difficulties. In this case, the tenant will have to be forcibly evicted.

This does not negate the fact that the owner has the right to forcibly deregister residents, but it will be somewhat more difficult to implement this.

Can they issue an extract from a private home? Of course, the owner has the right to do this.

This article also establishes On what grounds can a person be forcibly discharged:

• The tenant uses the living space for other purposes. For example, if a business is illegally opened on the territory of the apartment;
• The actions of the tenant lead to deterioration in the quality of housing or damage to property;
• The tenant deliberately violates the rights and interests of other residents of the house.

Among them are the following:

All documents and the completed statement of claim must be taken to the district court office. In most cases, if there are no reasons why the tenant cannot be evicted, the court makes a decision in favor of the apartment owner.

If the court rules in your favor, the person registered in your apartment no longer needs to do anything. Now you can forcefully evict him yourself. After the court verdict is announced, you have the right to receive the court decision in your hands. Next, you will need to write an application to remove the tenant from the place of registration and, together with the court decision, take it to the passport office. Three days after this, the tenant will be deregistered.

What to do if a person is forcibly evicted from his apartment, but he has no intention of leaving it?

In this case, you should contact bailiffs. Since deregistration is a court decision, the bailiffs will defend him and carry out a forced eviction from the apartment.

Discharge of a person not living in the apartment

If the person registered in your apartment does not actually live there, you can discharge him without going to court.

Is it true, without his personal consent this can be done only in certain cases:

In other cases, you will have to contact again. Here you will also need an act from the local police officer, which will confirm that the person does not live at the place of registration.

Who cannot be discharged

There are several categories of citizens who, in principle, cannot be discharged from their apartment without their consent.

These include the following:

You can find out about the discharge of an adult son and other relatives of the owner in our.

If you are the owner of a home, then removing registered residents from it is your right, and the court will be on your side unless circumstances limiting your rights are revealed. The law protects private property, so the person who owns the apartment always has more rights to it than other registered persons.