Forced discharge and eviction are the most painful housing issues. The law allows a person to be discharged only with his written consent. It happens that a tenant refuses to voluntarily check out of a premises that he may not actually occupy. There are also frequent situations when a citizen simply cannot appear at the passport office and express his consent. We will tell you what to do in this and other similar cases in the material presented.

How to discharge a person without his consent? In this case, the rights of the legal owner or responsible tenant will be protected by the court (Clause 1 of Article 35 of the Housing Code of the Russian Federation). The court decision is based on the documents provided by the plaintiff, testimony of neighbors, residents, representatives of law enforcement agencies, and other people who have information about the case under consideration.

Discharge of a tenant from an apartment without his participation is permitted if:

• registration at a different address;
• presence of a court decision;
• issuing a power of attorney from him.

Is it possible to discharge a person without his consent? This question concerns, first of all, the responsible tenant of municipal housing. The reason for his appeal to the court on the issue of forced deregistration may also be the intention to privatize the apartment without the person actually living in it, the reluctance or impossibility of further cohabitation with his ex-husband, wife, adult children, the desire to deregister former home owners who refused privatization.

Is it possible to discharge a person without his consent?

Reasons for failure to appear at the passport office for discharge may include:

• Moving to another city;
• conscription;
• serious illness;
• sentence to serve a criminal term;
• recognition as missing or dead;
• loss of the right to use residential premises by court decision.

If the tenant is located outside the Russian Federation, it is possible to remove him from the registration register by sending an application by mail.

You can discharge a person without his consent without trial under the following circumstances:

• violation of registration rules, use of fake documents;
• death of a tenant, recognition of him as dead;
• recognition of a person as missing by the court (with the issuance of an appropriate resolution);
• restoration of the rights of the previous resident upon return from places of serving his sentence;
• serving a sentence in prison;
• conscription for military service (at the end of service, the discharged resident has the right to register again).

A person can be discharged without his consent through the court in the following situations:

• dissolution of marriage with the sole owner of the apartment;
• use of housing for other purposes - not for living, but for other purposes, for example, for an office, a warehouse, for industrial production, this includes any conversion of premises into non-residential (parts 1-3 of Article 17 of the Housing Code of the Russian Federation);
• parents' desires to live separately from their adult children;
• when the person registered does not live in the apartment for a long time;
• lack of common farming;
• tenant evasion from paying utility bills;
• registration of a minor child living with a guardian at a different address;
• causing damage to property, infringement of the rights of neighbors, constant violations of community rules, public order (according to Article 91 of the Housing Code of the Russian Federation, in order to expel a violator, an application with a request for a written warning must be submitted to the owner of the premises);
• when there is a deed of gift for an apartment or inheritance of housing with the registration of an outsider;
• expiration of the apartment rental agreement, violation by the tenant of the terms of the lease agreement.

The period for issuing a court decision is 2 weeks. The maximum period is 30 days after the decision on forced discharge is made.

How to discharge a person without his consent?

In order to discharge a person from housing without his consent, it is necessary to confirm in court the fact of loss of the right to use a non-privatized apartment. To do this, the interested party must provide relevant evidence for a judicial decision. It will be necessary to prove that the discharge will not violate the constitutional rights of the defendant, that he will not be deprived of the only possible living space.

It is also possible to discharge the former owner of an apartment through the court in a situation where a person, after losing the right to reside in the apartment, evades or refuses voluntary discharge from it.

To exercise his right, the new owner of the apartment applies to the district court located in the territory of the actual or last known place of residence of the defendant. After losing the right to use residential premises, a person is subject to discharge without his consent by court order.

Only the owner has the right to evict tenants, so the right to go to court belongs only to him. However, the tenant of a municipal apartment also has the right to go to court as a representative of the municipality.

Conditions

Is it possible to discharge a person without his consent? Yes, if you collect all the necessary documents and provide evidence of your position. In preparation for court proceedings to forcefully remove the defendant from a municipal apartment, the applicant must:

• establish the reason for the defendant’s absence at the place of registration. If he purchased his own apartment or lived at a different address with a new family, the court may regard these actions as a voluntary refusal to live at his place of registration. The defendant can confirm the purchase of housing by submitting a request to the city registration chamber, indicating the address of the actual residence of the person to be discharged;
• determine how long a person does not live at his place of registration. Caring for a sick relative, working under a long-term contract, studying in another city are grounds for refusing to satisfy a claim for forced discharge;
• the time of non-payment by the defendant for utilities and maintenance and repair of the residential premises. If the defendant confirms payment of bills by checks, orders, estimates, it will be problematic to discharge him from the apartment. Failure by the defendant to provide confirmation of payment for the services provided will be a fact that will be counted by the court in favor of the plaintiff.

If we have dealt with the issue of deregistration from municipal housing, then a fairly wide category of citizens is interested in the question: can a person be deregistered from a privatized apartment without his consent? The following facts will play in favor of the initiator of a dispute about eviction from privatized housing, which must be confirmed by documents for the court:

• The apartment was purchased by the plaintiff before marriage with the evicted person. If the spouse did not participate in the purchase of housing, he does not have the right to claim it (Part 4, Article 31 of the Housing Code of the Russian Federation);
• actual residence of the evicted person at a different address, non-participation in payment of utilities;
• automatic deprivation of the right to live together with children after deprivation of parental rights;
• systematic violation by the defendant of public order, the terms of the lease agreement, causing damage to property.

The owner of the apartment has the right to dispose of the property as he pleases.

Documentation

To discharge a person without his consent through the court, you must provide along with the statement of claim:

• a copy of the claim to be sent to the defendant;
• confirmation of payment of the state fee for consideration of the claim;
• extract from the unified civil register;
• an extract from the house register;
• documents confirming the existence of grounds for moving in;
• documents confirming ownership of property - rental agreement, social lease, lease, certificate of ownership;
• apartment personal account numbers;
• certificate of residents;
• document on divorce (if necessary to confirm this fact).

When filing documents in court, you must provide written evidence, such as testimony about the defendant.

The claim is brought separately against each person subject to deregistration. You will have to spend money on notarization of documents.

When trying to expel a person from a municipal apartment, the plaintiff must prepare documents confirming:

• antisocial behavior of the defendant - it is necessary to contact the municipality with a request to provide complaints from residents about the violation of hostel rules by the defendant;
• a long period of his absence.

Procedure for deregistration

The legislation provides for the procedure for issuing a court decision, but there are a number of non-standard situations when the order of issuing changes:

• privatization of an apartment;
• donation of an apartment.

The grounds for going to court are specified in Art. 91 Housing Code of the Russian Federation. The following sequence of actions is required:

• filing a claim;
• an attachment justifying the reason for deregistration, for example, a certificate from the police about misbehavior;
• judicial verification of evidence, making a decision on the merits of the stated claims.

The following categories of citizens are not subject to forced eviction and deportation:

• minor children of the owner of the apartment - they are not deprived of the right to reside in this living space even after divorce;
• tenants who voluntarily renounced their ownership of housing, but were living in it at the time of privatization;
• refused by will.

Prolonged absence of a registered person as grounds for discharge

Art. 71 of the Housing Code of the Russian Federation provides for the possibility of expelling from an apartment a person who has been absent from the place of registration for a long time. However, forced eviction is allowed only if the tenant does not appear in the apartment for more than 6 months or if utility payments are not received from him.

It should be borne in mind that there are valid reasons for non-payment or deferment of utility bills provided by law:

• serious illness;
• temporary unemployment;
• delay in pension payment;
• delay in payment of wages;
• presence of disabled people or minor children in the family.

The law allows persons to be discharged without consent if:

• serving a criminal sentence;
• undergoing military service.

However, these persons have the right to register again after completing military service or serving a sentence.

How to expel your ex-spouse from your apartment without his consent?

If an apartment was purchased before marriage by one of the spouses, he has the right to file a claim for forced eviction from the property. Purchasing an apartment during your life together leaves only one option for the development of events - exchange or exchange of an apartment or house.

After receiving a court decision, you must contact the passport office to execute the decision of the magistrate. The period for consideration of a court case is from 1 to 2 months. After accepting the claim, the court has 5 days to decide whether to open proceedings or leave it without progress.

Extract from the apartment is issued after the decision enters into legal force within 14 days. Sometimes the process takes up to 30 days if the person does not discharge himself. Upon discharge, he is given a departure slip, and a note about discharge is placed in his passport.

Subtleties of the procedure for discharging residents

If a child is registered in municipal housing, the consent of the guardianship authority must be obtained in order to discharge him. A minor will not be discharged if he is the owner of the property. The owner is deregistered only in one case - when the ownership rights are transferred to another person.
Before discharge, it is necessary to repay debts, otherwise the obligation to repay them will fall on the shoulders of the owner or tenant.

There are many nuances to deregistration; deregistration has property consequences. In principle, anyone can be discharged, even a minor, except in cases where:

• the child is the owner of an apartment or house;
• the person is registered in a municipal apartment;
• An interested person wants to write it out.

You can evict any stranger who is not:

• owner of the property (Article 209 of the Civil Code of the Russian Federation);
• family member of the homeowner.

The exception is persons who renounced their share during privatization in favor of another family member. Such a citizen will never be deregistered; he has the right to live in his living space until his death in accordance with Art. 19 of the Federal Law “On the implementation of the Housing Code of the Russian Federation” dated December 29, 2004 No. 189-FZ.

Contradictions in the legislation allow a person to be discharged “to nowhere” if he has:

• court decision;
• own desire;
• change of owner of residential premises;
• agreement on the purchase of new housing in a new building;
• apartment purchase and sale agreement.

Who can be considered a former family member for discharge?

To register a person who has ceased to be a member of the owner’s family, it is necessary to find out who he is to the owner. If this is an adult son or daughter, then according to paragraph 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation “On some issues that arose in judicial practice when applying the Housing Code of the Russian Federation” dated July 2, 2009 No. 14, in order to recognize them as former family members, it is necessary to confirm the fact :

• lack of common management with the owner;
• lack of mutual assistance and support;
• maintaining a separate budget.

An additional factor will be the residence of adult children separately from the owner.

Other relatives (grandmothers, grandfathers, sisters, brothers, nephews, grandchildren, common-law husband or wife) and strangers registered in the living space, not as family members, can also be recognized as a non-family member (clause 13 of the Resolution of the Plenum of the Supreme Court No. 14).

Features>

Discharge of children poses a number of difficulties, but litigation can be avoided. For example, an apartment is sold much cheaper, the proceeds are used to buy another one, and the new owner deregisters the new tenants because they are not related to the owner’s family (Article 31 of the Housing Code of the Russian Federation, Article 292 of the Civil Code of the Russian Federation). A similar move: the sale of an apartment to third parties, with the help of which all citizens are discharged on the basis of Art. 31 of the Housing Code of the Russian Federation and a gift agreement is concluded with the new owner. However, there is a risk in this method: will the trusted person give you the apartment back?

The discharge of a minor is possible based on the mother’s application if she made a mistake by indicating the wrong address where she wants to live. When selling the previous apartment, it will be impossible to restore the rights of a minor. The inviolability of property rights is put in first place by the court, therefore other constitutional human rights are called into question.

If a citizen does not register anywhere within 90 days after discharge, he may be fined under Art. 19.15.1 Code of Administrative Offenses of the Russian Federation.

Without registration, citizens cannot:

• get TIN, SNILS;
• obtain the status of an individual entrepreneur;
• register the child in municipal educational institutions;
• receive subsidies and benefits.

Methods for terminating registration

Passport officers of housing institutions, MFCs or departments of the Ministry of Internal Affairs (formerly the Federal Migration Service) can discharge a citizen. The passport office works more efficiently than other authorities. It is he who makes the decision, puts a stamp in the passport, makes changes to the citizen’s information in his own accounting documents and database.

The territorial offices of the MFC are equipped with means of electronic communication with the Ministry of Internal Affairs, so within 1-3 days they receive all the information changed in the records entered by the passport office.

If you still have questions about removing citizens from an apartment without their consent, we recommend that you use the help of our specialists. Call us by phone or fill out the online form on the website. We will definitely contact you in order to resolve any problematic situations related to the removal of persons from the apartment without their consent. You can also ask a question through the online form.

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

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

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

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

How to discharge a person without his presence?

The initiator does this based on:

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

Possible reasons for eviction

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

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

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

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

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

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

How to be discharged from a privatized apartment?

This is a few easier than with municipal apartment.

The algorithm is as follows:

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

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

From the municipal

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

The procedure will include the following steps:

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

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

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

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

For example it could be:

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

From a gift or inheritance

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

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

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

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

This happens in the case:

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

Will may also be recognized void.

This can happen if:

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

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

Registration of the dead and missing

Before you shoot deceased person getting ready package of documents.

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

Documentation:

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

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

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

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

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

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

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

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

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

Former spouse

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

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

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

Minors and convicts

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

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

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

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

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

A parent deprived of parental rights

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

Deregistration will be made from 3 to 7 working days.

Drafted into the army

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

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

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

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

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

Algorithm of actions upon discharge

Pre-trial settlement

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

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

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

Filing a claim

To evict from a privatized apartment:

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

The application contains the following points:

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

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

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

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

Possible failure options

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

For eviction from public housing

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

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

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

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

Required documents

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

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

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

Presence in court

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

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

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

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

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

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

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

Court decision to postpone

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

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

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

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

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

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

The owner of private or municipal residential real estate can register any citizen legally located in the territory of the Russian Federation. It's guaranteed Art. 35 of the Constitution, where the concept of private property is revealed. However, it will not be possible to discharge a tenant with the same ease, since Art. Article 40 of the Constitution states that no one can be arbitrarily deprived of their home.

This is the main difficulty: everything must be done so that the interests of neither party are harmed.

Article 35. The right of private property is protected by law...

1. The right of private property is protected by law.
2. Everyone has the right to own property, own, use and dispose of it, both individually and jointly with other persons.
3. No one can be deprived of his property except by a court decision. Forced alienation of property for state needs can only be carried out subject to prior and equivalent compensation.
4. The right of inheritance is guaranteed.

Article 40. Everyone has the right to housing. No one can be arbitrary...

1. Everyone has the right to housing. No one can be arbitrarily deprived of their home.
2. State authorities and local governments encourage housing construction and create conditions for the exercise of the right to housing.
3. Low-income people and other citizens specified in the law who need housing are provided with it free of charge or for an affordable fee from state, municipal and other housing funds in accordance with the norms established by law.

Move action depends on the nature of the situation as a whole, therefore, an apartment owner who wants and can discharge a non-tenant must take into account the following factors:

• who is to be discharged:, rowdy relative, etc.;
• voluntary or forced the procedure takes place;
• does the person being discharged have other housing. The point is that it cannot be forced. If the financial situation or other circumstances do not allow the defendant to acquire a new home, then the law obliges the plaintiff to postpone the eviction or, at his own expense, temporarily provide him with a place to live (Chapter 5,);
• grounds For . It depends on what kind of certificates and certificates you will need to obtain, and how great the chances of success are;
• type of property, in which the property is located ( or ).

Reference! Only the owner or tenant can go to court if we are talking about municipal property. The law does not prohibit other interested citizens from doing this, but they will have to confirm their right to file a claim.

We have provided more nuances about whether it is possible to eject a person from an apartment without his consent if he is the owner, or if the owner wants to eject him.

Is the person being discharged required to be present in person?

If a resident is forcibly discharged, then his presence is not required. In fact, the court recognized the illegality of the property claims, so the court ruling will become the basis for deregistering this person from the FMS registration.

Important! Directly Judges are not involved in issuing. Their task is to establish that the defendant should no longer use someone else's property. Having received such a decision, the plaintiff can himself write out the defendant without the consent and presence of the latter.

Special categories of citizens

For certain groups of people, the law provides for special rules, and therefore the task facing the home owner becomes simplified, complicated or impossible.

Minors

If the child is not the owner of the property, then you will not have to obtain the consent of the guardianship authorities. However, by law, children must live with their parents or guardians, so discharge is only permissible if at least one of them is registered.

So, according to Art. 31 of the Housing Code of the Russian Federation, the plaintiff may have to provide his ex-wife and children with another place to live as part of the fulfillment of alimony obligations. If the plaintiff is not a parent, then the former family members may retain the right to use the living space for the period specified in the court decision.

You will find more information about how and under what conditions it is possible to deregister minors, and we told you how such a deregistration can be legally carried out by the owner of an apartment.

Persons deprived of parental rights

Such citizens should be discharged if the court finds it impossible to continue living with their children. The consent of the former parents in this situation is not required, nor is the provision of alternative temporary housing to them (Article 91 of the Housing Code).

Article 91. Eviction of a tenant and (or) members of his family living with him from residential premises without the provision of other residential premises

1. If the tenant and (or) members of his family living with him use the residential premises for other purposes, systematically violate the rights and legitimate interests of neighbors or mismanage the residential premises, allowing it to be destroyed, the landlord is obliged to warn the tenant and members of his family about the need to eliminate the violations . If these violations entail the destruction of the residential premises, the landlord also has the right to assign the tenant and his family members a reasonable period to eliminate these violations. If the tenant of the residential premises and (or) members of his family living with him, after warning the landlord, do not eliminate these violations, the guilty citizens, at the request of the landlord or other interested parties, are evicted in court without providing another residential premises.
2. Without the provision of other residential premises, citizens deprived of parental rights may be evicted from their residential premises if the cohabitation of these citizens with children in respect of whom they are deprived of parental rights is recognized by the court as impossible.

Convicts and conscripts

Serving a sentence or being called up for service were previously considered grounds for deregistration. However, on December 31, 2014, law 525-FZ was issued, abolishing this procedure, and now no one can evict conscripts without their voluntary consent. The only thing the owner can do is to temporarily write out those who are absent in order to reduce the amount of utility bills.

When the term of service or imprisonment comes to an end, a citizen can appear where he is registered, even if the property has been sold, exchanged or privatized.

Persons considered dead or missing

Such citizens are allowed to be discharged, but first the owner will have to obtain a court decision declaring them dead or missing (Article 31, Chapter V of the Decree of the Government of the Russian Federation of July 17, 1995). Having drawn up this document, you can do whatever you want with the real estate: sell, donate, privatize if it was municipal. Even if the person suddenly returns, there will be no grounds for canceling the transaction according to the law.

We talk in more detail about how to properly register a deceased person.

Those who refused privatization

A citizen who voluntarily refuses to participate in privatization receives in return a lifelong right to use the property, and it cannot be forcibly written out even if the owner changes(Article 19 of Federal Law No. 189 dated December 29, 2004 “On the entry into force of the new Housing Code”).

There were no exceptions to the rule for a long time, however, on September 1, 2014, a Review of the judicial practice of the Supreme Court appeared, and in there - the Determination of the Judicial Collegium for Civil Cases of the Armed Forces of the Russian Federation in case No. 46-KG13-6, considered on February 4, 2014. The essence of the Definition is that the privileges of “refuseniks” may be terminated if they voluntarily changed their place of residence and have not lived at their place of registration for a long time.

Reference! Those who are faced with the need to discharge a disabled person should know that in itself disability does not provide any benefits and the procedure is carried out on a general basis. If a sick person is not a relative of the owner of the property, then the latter is not obliged to support and care for him.

How to evict a non-owner from an apartment?

The peaceful path is the best option, because with mutual agreement there is no need to waste time, money and nerves. Housing issues sometimes take years to resolve, and all this time conflicting relatives will have to live under the same roof (we consider in more detail the question of whether the owner of an apartment has the right to expel relatives without their consent in).

For voluntary discharge, you just need to go to the FMS office with a passport (for men they will additionally require a military ID), and there you will receive and fill out an application form. By the way, this can also be done on the State Services portal - a notification will be received within three days, and the citizen will only have to go to the selected branch of the passport office with the originals to put a stamp in the passport.

We tell you about which authorities you can contact to carry out an extract, and in what cases and how to facilitate the process you can find out using the State Services portal.

As an attachment, the claim is accompanied by copies of the following certificates and documents:

• a copy of the applicant's passport;
• papers for the apartment (certificate of ownership, purchase and sale agreement, social tenancy agreement for municipal real estate);
• receipt of payment of state duty (the amount will be 200 rubles);
• evidence collected before filing a claim.

The claim and all attached certificates must be prepared in several copies: one for the court, the plaintiff and each of the defendants, if several people are to be discharged.

Watch a video that shows how to correctly draft a statement of claim.

Where to go

Such cases are dealt with by city or district courts at the address where the property is located. However, the tenant will first have to contact the owner with a complaint about the household member. The municipality responded should send him a warning, and if the situation does not change, the employer may file a claim.

• the court reserved the tenant's right to use the property;
• recognized the termination of this right, however, taking into account the financial capabilities of the former relative, he granted a deferment;
• recognized the termination of the right to use the apartment without deferment.

Important! Those who disagree can appeal. The decision of district and city courts can be appealed to the regional court within a month from the date of its adoption.

Having received a decision on his case, the plaintiff can appear at the passport office and complete the discharge procedure. If the tenant still refuses to obey the law and voluntarily leave the apartment, he will have to contact the FSSP.

What papers should I prepare?

Once the court decision is received, the owner will be able to proceed directly with the eviction. To do this, you should contact the passport office, providing the following documents:

• personal passport of the property owner;
• certificate of registered residents;
• title documents;
• form of the court decision with a note on entry into force;
• application for deregistration;
• departure address sheet.

The procedure will be completed within three days. Now you know how to evict a non-owner from an apartment. We wish you success in this difficult task!

The range of situations when a tenant has to be evicted from an apartment is quite extensive. It's good if you can convince him to do it voluntarily, since otherwise checkout is only possible. This is not the easiest way, but with a competent approach to the matter, you can get rid of an unwanted neighborhood both in the municipal and in.

Quote: Karina

file a lawsuit in court for the allocation of financial accounts. (This means that everyone will receive their own utility bill)


Let me clarify, the courts do not accept claims for the division of personal (financial) accounts. At the moment, the courts are accepting claims to determine the procedure for paying for housing and communal services.

1. Good afternoon A father, daughter and her son are registered in a non-privatized apartment. The father has not lived in the apartment for more than 30 years, he has not paid the rent, he has no belongings, the neighbors in the entrance have never seen him and do not know him. And then today the district police officer comes and says that a statement has been received that the father has written a statement that he is not allowed into the apartment. I wrote an explanation that no one came - this is so, the neighbors can confirm, and there are no obstacles to visiting. In such a situation, is there a chance that the father can be discharged from the apartment? My father has another family, my mother is divorced, and he has a son. I know that my father did not register his marriage with his new wife. I know approximately where he lives, I can find out exactly.

2. Hello, the situation is as follows, we want to discharge a cousin from a municipal apartment (permanent registration), the brother has not lived in this apartment since 1995, where he is currently located is unknown. There is no connection with him, we know nothing about his location. What is the right thing to do?

3. Quote: Julia

   
   Once you reach adulthood, there is such an opportunity. When a citizen turns 18, he becomes an adult and can independently choose his place of residence. If your granddaughter, upon reaching 18 years of age and after some time has passed from the date of coming of age, does not move into the disputed residential premises, does not import things, does not pay utility bills, and you, for your part, do not prevent her from moving in, then we can conclude that the use of The purpose, for living, of this home does not interest her.
   In accordance with Part 1 and Part 4 of Art. 17 of the Housing Code of the Russian Federation, residential premises are intended for the residence of citizens. The use of residential premises is carried out taking into account the rights and legitimate interests of citizens living in this residential premises.
   According to clause 1 and clause 3 of part 3 of Art. 67 of the Housing Code of the Russian Federation, the tenant of a residential premises under a social tenancy agreement is obliged to: use the residential premises for their intended purpose and within the limits established by this Code; pay rent and utilities on time.
   Based on the above, you have the right to file a lawsuit to recognize the citizen as not having acquired the right of use (since he has never moved into the disputed residential premises, and upon reaching the age of 18 he does not exercise his rights) and to remove him from the registration register.
   Also, advice is not to file a claim immediately upon reaching your eighteenth birthday, because... a citizen can indicate that he did not have time to exercise his right.

4. Hello. I have the following situation. There are 3 people registered in the municipal apartment - me, my son and granddaughter. About 15 years ago, the son divorced and the court determined the granddaughter’s place of residence with her mother. In fact, the granddaughter never moved in or even came to the apartment at her permanent place of registration and always lived in another place. Currently, she is an adult and also lives with her mother, but even in another city. He studies at the institute there. Can I, through the court, recognize her as not having acquired the right to living space and remove her from the registration register?

   Good afternoon My mother worked as a teacher for 37 years, lived in the Kirensky district of the Irkutsk region, in a municipal apartment and was on the queue for resettlement from the Far North, and I was also put on the queue, I am also registered in this apartment, but I do not live in it, with my mother an indefinite contract for the use of residential premises was concluded, this year she died, according to Federal Law 125 I must inherit her turn, the owner of the property responded to my application that my mother died and the contract is canceled and I need to check out voluntarily or I will be evicted through the court, it turns out that I am losing and registration and the queue in which I was supposed to be put...

5. Quote: Alexander

   
   Let's start small. Municipal housing, i.e. housing provided to tenants under a social tenancy agreement by the landlord (municipality) is intended for housing. Citizens who have received housing for living must live in it. Otherwise, the residential premises are not used for their intended purpose in accordance with the Housing Code of the Russian Federation. In your case, it is a little incorrect to write about the “eviction” of a citizen from a home occupied by citizens on the basis of a social tenancy agreement, because in fact, he does not live in it. A claim must be filed to recognize a citizen as having lost the right to use residential premises and to remove him from permanent registration.
   The main positions taken into account by the court when recognizing a citizen as having lost the right to use:
   1. Voluntary departure from home. Those. the fact that there were no obstacles to his residence (this can be confirmed by witness testimony and a certificate from the Ministry of Internal Affairs stating that the citizen did not apply to the Ministry of Internal Affairs with statements about obstacles to his residence in the disputed residential premises)
   2. Not actually living in the disputed residential premises. This is confirmed by testimony and responses to inquiries from the clinic that there were no doctors’ calls to the house, and from the post office that they do not receive registered mail.
   3. Not paying utility bills.
   4. The presence of other property under the right of ownership or use (in the Resolution of the Plenum of the Supreme Court of the Russian Federation, judges are instructed not to take this point into account, but according to established practice, this circumstance is taken into account when making a court decision).
   Now, as for your case. A very big problem is that the person being discharged pays utility bills, thereby proving his interest in maintaining the right to use the residential premises, and also that a court decision was made on the same circumstances that you want to state now.
   There is no 100 percent guarantee that your requirements will be met, but I suggest you come to us with all the documents for a free consultation and we will try to develop a strategy and tactics.

   Quote: Irina

   Andrey Vasilievich, I will make adjustments based on the situation. The ex-husband has also not lived in this apartment since 2005, and until 2009 he did not pay, or paid irregularly, when once every six months or year there was 1 receipt. This is what prompted me to go to court with a claim to evict him. This was denied to me, but during the court hearing, which lasted until 2010, I was recommended to share the responsibilities of paying for housing and communal services in shares, 1/5 for my ex-husband and 4/5 for us and the children. We have been paying our share of housing and communal services in full to this day. I lived in the apartment until December 2012. I am not registering for a very good reason: let me remind you that I am a pensioner, I have a Muscovite social card (at the place of registration) and, accordingly, I receive a pension according to Moscow prices. If I am discharged from the registered premises, I will lose my Muscovite status, will be deregistered by the Moscow Pension Fund and will be registered in the Moscow Region. In this case, my pension will be recalculated according to the indexation of the Moscow Region, which is 13,500 rubles. In this case, I will worsen my already poor financial situation. The ex-husband justified the grounds for filing a lawsuit to remove me from the apartment located in Moscow by the fact that he does not live and does not want to pay. That's why I asked a question about the legality of his actions.
   Thank you in advance.
   Sincerely, Irina

   
   File a counterclaim and prove to the court that it is he who does not live.
   Registration at the place of residence is an administrative act; if you actually permanently reside in another home, outside of Moscow, then the place of execution of rights and obligations will be exactly the home where you permanently reside. The fact that you are using the “benefits” and “allowances” due to Muscovites, you are deliberately misleading the social protection authorities and the Moscow Pension Fund branch. And this is not only civil responsibility.

6. Three people are registered in a non-privatized apartment. Me, my mother and another family member who have never lived here and were registered 15 years ago. The main employer (mother) died three years ago. Another registered person asks for half the cost of the apartment for registration; he lives in another city, where he has his own apartment. He pays utilities for this once every 3-4 months for 1000-1500 rubles. Five years ago, my mother and I tried to discharge him through the court, but he stated in court that we would not allow him to live in housing. The court refused to evict. After that he did not appear. Is it possible to evict a former relative and what is needed for this.
   The address of his own apartment is known.

   Quote: Irina

   
   In what case does the court recognize a citizen as having lost the right to use residential premises that the citizen occupied under a social tenancy agreement? In the event that a citizen ceases to use this premises for its intended purpose, i.e. live in it. The court determines whether the citizen has a need for this housing, whether the citizen intends to continue living in this housing. If a citizen left voluntarily, lives in another home, and does not pay utility bills for the home, then the court has the right to recognize such a citizen as having lost the right to use the home and remove him from permanent registration.
   Now a little about how the law interprets this:
   In accordance with Part 1 and Part 4 of Art. 17 Housing Code of the Russian Federation, residential premises are intended for living
   citizens. The use of residential premises is carried out taking into account the observance of rights and legal
   interests of citizens living in this residential premises.
   According to clause 1 and clause 3 of part 3 of Art. 67 Housing Code of the Russian Federation, tenant of residential premises under a social contract
   the tenant is obliged to: use the residential premises for their intended purpose and within the limits established
   this Code; pay rent and utilities on time.
   
   The Plenum of the Supreme Court of the Russian Federation in its resolution dated July 2, 2009 N 14 “On some issues
   arising in judicial practice when applying the Housing Code of the Russian Federation" in paragraph 32 indicated: "In the temporary absence of the tenant of the residential premises and (or) members of his family, including former family members, they retain all rights and obligations under the social rental agreement for residential premises (Article 71 of the RF Housing Code). If the absence of these persons from the residential premises is not temporary, then interested parties (landlord, tenant, members of the tenant’s family) have the right to demand in court that they have lost the right to residential premises on the basis of Part 3 of Article 83 of the Housing Code of the Russian Federation in connection with leaving for another place of residence and thereby terminating the social tenancy agreement.
   Based on your message, you purchased an apartment as private property, moved to this residential premises, and live in it. No attempts were made to move into the disputed residential premises, therefore other tenants have the right to file a claim in court to recognize you as having lost the right to use the residential premises and deregistration.

7. Good afternoon Tell me what to do? I am in my second marriage and have a child from the first. In the 2nd marriage, 2 more children were born. We were on the waiting list for housing improvements under the status of “large family.” We lived in my husband’s apartment, the relationship was extremely difficult. My mother-in-law repeatedly raised her hand against me and the children. There were repeated calls to the police. The situation at home was unbearable, which is why they were forced to occupy the apartment without permission. After some time, by decision of the housing commission and at the request of the district committee of large families, the apartment occupied by the apartment was officially allocated without being deregistered to improve living conditions. It would seem to live and be happy, but after a while the husband began to drink alcohol and calls to the police resumed again, with all the consequences. In 2002, an official divorce took place, but the ex-husband remained living in the apartment and the divorce did not change the situation in any way, all the same drinking, quarrels and fights. In 2005, my ex-husband moved out of the apartment, did not pay rent, and in 2009 I filed a lawsuit to evict him. I was denied eviction, but by a court decision (the final decision was made in 2010), we were divided into an ENP, its part amounted to 1/5, and the children and I were assigned 4/5 of the payment for services. After standing on the waiting list for 28 years, I decided to buy an apartment under the “large family” program (he did not adopt my son from his first marriage and of the two parents I was the only one with many children) and in 2012 I purchased an apartment in the city of Lyubertsy in installments for 10 years. The purchased living space is not registered and I am currently retired since 2015 and have no additional income. One of the sons remained living in the apartment in Moscow with his common-law wife and child. My ex-husband informed me that he was filing a lawsuit to force me out of the apartment. Is this legal? And what should I do?

   Hello! I am registered with my husband in a municipal apartment, besides me there are 4 other adults there. Personal bills for housing and communal services are divided, the MFC asks for the consent of the registered residents, but we are enemies and no one will give me consent. How can I get out without going to court? My husband and I haven’t lived there for half a year.

8. Quote: Denis

   
   Good afternoon. How is your share allocated? From your message I understand that payment for utilities is divided. Now, if the court decision states that the right to use room No. should be assigned to such and such a citizen, and the right to use room No. to another, then privatization is possible. But knowing the attitude of the courts to limit the increase in communal apartments, I doubt that the court assigned the right to use the rooms to specific citizens. If citizens simply have a defined procedure for paying for utility bills, then it is not possible to talk about a share in the right of use. And also about privatization.
   The only option is to sign an agreement with other tenants on the procedure for using residential premises and common areas, this agreement must be agreed upon with the landlord. Or try to approve such an agreement through the court.

   Quote: Alexandra

   Quote: admin

   Quote: Alexandra

   
   
   
   2. Take out your things
   
   
   
   Unfortunately, the fact of the transfer by your opponent is recorded, and whether you accept it or not is of little interest to the court.

   Quote: Victor

   
   Of course, you can sue. But there are several nuances. First point. A child under 18 years of age is considered a minor and must live with his father or mother. If your son agrees with his daughter’s residence and registration, then it is almost impossible to remove her from the register. If you do not agree, then the child’s place of residence is determined, he is recognized as having not acquired the right, and he is removed from the register.
   Second point. But if the child has already reached 18 years of age, then she retains the right to choose her place of residence, and since she, although she did not live, is registered in your home, she has the right to move into this home upon reaching 18 years of age. Again. Until the age of 18, the right of use is derived from the right of use of the parents; upon reaching 18 years of age, it is an independent right. Now, if on average a year after reaching 18 years of age a citizen does not move into an apartment, then it is possible to file a lawsuit to declare her to have lost the right to use the housing.

9. Hello. The question is this. I (the responsible tenant), my son and my granddaughter (his daughter) are registered in the municipal apartment. My son, at the birth of his daughter, registered her secretly from me in this apartment, knowing that I would be against it. The son and his wife divorced a long time ago (more than 16 years), and the granddaughter (his daughter) lives with her mother in a completely different city. Now my granddaughter is already 18 years old. She never lived or even moved into this apartment. Her things were never here. We didn’t and don’t run a joint household; no one except me and my son has ever paid utility bills. Although the granddaughter is already saying that she plans to come. Can I order her out of a municipal apartment by court, recognizing her as having not acquired (lost) the right to reside? or in some other way, and if so, what grounds do I have for this?

   (text) Hello. Can I privatize a share in an apartment or move a tenant into a 2-room municipal apartment with isolated rooms if personal accounts are divided through the court? The 3rd ones are registered: me, my son and my ex-wife. We are not in a family relationship, we run our household separately

   Quote: admin

   Quote: Alexandra

   in 2012, my own mother left the municipal apartment in which she was registered. I haven't been there since then. The utility bill for the apartment was not divided, but she transfers part of the money through the Russian Post to the tenant (my grandfather) with the note “rent”. Is it possible to write it out in this case? (plus economic investigators searched for her several times) neither I nor any of my relatives want to contact her. She won’t discharge herself. Is it possible to discharge her through the court under such circumstances? theoretically, I know where she is and maybe I can even find her phone number, but I’m afraid that she might show up at the apartment supposedly to live, because this is how the conditions for discharge are described (especially when receiving a notice from the court or when preparing documents for the court)

   
   To remove a citizen from permanent registration from a residential premises, it is necessary to recognize this citizen as having lost the right to use this residential premises. To recognize a citizen as having lost the right to use, a combination of several factors is necessary:
   1. A citizen must voluntarily leave the residential premises and not live in it for a long time
   2. Take out your things
   3. Do not participate in the payment of utilities or other payments related to the maintenance of this residential premises.
   In your case, the citizen continues to pay utility bills, thus confirming his interest in maintaining the right to use this residential premises.
   even if grandpa stops collecting these tiny transfers from the post office?

10. Quote: Alexandra

    in 2012, my own mother left the municipal apartment in which she was registered. I haven't been there since then. The utility bill for the apartment was not divided, but she transfers part of the money through the Russian Post to the tenant (my grandfather) with the note “rent”. Is it possible to write it out in this case? (plus economic investigators searched for her several times) neither I nor any of my relatives want to contact her. She won’t discharge herself. Is it possible to discharge her through the court under such circumstances? theoretically, I know where she is and maybe I can even find her phone number, but I’m afraid that she might show up at the apartment supposedly to live, because this is how the conditions for discharge are described (especially when receiving a notice from the court or when preparing documents for the court)

    
    To remove a citizen from permanent registration from a residential premises, it is necessary to recognize this citizen as having lost the right to use this residential premises. To recognize a citizen as having lost the right to use, a combination of several factors is necessary:
    1. A citizen must voluntarily leave the residential premises and not live in it for a long time
    2. Take out your things
    3. Do not participate in the payment of utilities or other payments related to the maintenance of this residential premises.
    In your case, the citizen continues to pay utility bills, thus confirming his interest in maintaining the right to use this residential premises.

11. in 2012, my own mother left the municipal apartment in which she was registered. I haven't been there since then. The utility bill for the apartment was not divided, but she transfers part of the money through the Russian Post to the tenant (my grandfather) with the note “rent”. Is it possible to write it out in this case? (plus economic investigators searched for her several times) neither I nor any of my relatives want to contact her. She won’t discharge herself. Is it possible to discharge her through the court under such circumstances? theoretically, I know where she is and maybe I can even find her phone number, but I’m afraid that she might show up at the apartment supposedly to live, because this is how the conditions for discharge are described (especially when receiving a notice from the court or when preparing documents for the court)

    Quote: Elena

    Elena, hello.
    1. If you are divorced and the court has established the child’s place of residence with you, then the child has no reason to be registered in a municipal apartment. Accordingly, the child can be discharged now; there is no need to wait until he turns 18. If the court has not established the child’s place of residence, then it is necessary first, in accordance with Article 65 of the Family Code, to establish the child’s place of residence. If the court determines that the child should live with his mother, then the ex-husband, of course, has the legal right to expel the child from the apartment, since he must live with the mother. I repeat once again that there is no need to wait until you are 18 years old.

    2. Regarding the debt for the apartment. This fact has nothing to do with filing a claim for the child’s discharge. This debt can be collected from the tenant in court, and he can also be evicted from the municipal apartment.

    Hello, my mother-in-law registered her granddaughter (my daughter) at birth in her municipal apartment in 2003, in addition to her three sons were registered, her mother-in-law and two sons died, the father (ex-husband) and my daughter remained registered. he soon left for the region and lives there, his daughter lives with me, he rents out the apartment, he doesn’t pay child support, the debt is more than 500 thousand rubles. Can he discharge a child upon reaching his 18th birthday? Now she is 14, the apartment has not yet been privatized.

    If a person is discharged from a municipal apartment and deregistered, it turns out that the person has become completely powerless and has no right to a pension or medical care. In general, in the air but in a rule of law state. How is that?

12. Quote: Antoine

    Somehow, the lawyers’ response does not contain a warning that the person being discharged will come to the meeting and prove that there are obstacles in his way of living in this apartment. Can you still write it out?

    
    The text of the article you are commenting on quite clearly describes the conditions for the possibility of removing a citizen from permanent registration. I quote:
    “You can be discharged from a municipal apartment only if three conditions are met:
    the person has not lived in the apartment for more than a year;
    the registered person does not pay utility bills;
    No obstacles were created in the attempt to move into the apartment for living."
    They even specially highlighted it with a red line on the left.
    I don’t know about other lawyers, but before we deal with the issue of judicial deregistration, we always conduct a free consultation to understand the chances of winning the case. If there are obstacles and there are certificates from the police, it is almost impossible to win the case.

    Quote: Irina Anton

    We (my mother, me, my daughter and sister with her husband and son) lived in a municipal apartment and were on the waiting list to improve our living conditions. In 2009, my sister, her husband and son, taking into account the subsidy, bought themselves a three-room apartment and moved there permanently place of residence. From here they did not register. In 2015, I filed a lawsuit to deregister them and they were discharged as having lost the right to use residential premises. In 2016, they registered the acquired apartment as shared ownership. In the same year, 2016, my mother She gave my sister and her son temporary registration in this apartment without my consent. In May of this year, she gave them permanent registration. I didn’t know anything about this. What should I do? They do not live in this apartment. The registration is false. Help.

    
    If you continue to be a tenant of the disputed residential premises, then the move-in and registration of citizens is possible only with the consent of all tenants, including you. If Article 70 of the Housing Code of the Russian Federation was violated, then you need to contact the authorities of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs with a statement about the malfeasance of employees of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs who violated the Registration Rules. If the bodies of the Main Department of Migration Affairs of the Ministry of Internal Affairs do not promptly recognize the registration as illegal, then two options are possible. The first is to contact the Prosecutor's Office with a statement about a violation of the law, and in this case the Prosecutor's Office will also engage in the trial. The second is your personal appeal to the court with a claim to recognize citizens as not having acquired the right to use residential premises and to remove them from permanent registration.

    After accepting the claim, the main thing is to clearly formulate the following position:
    1. For utility bills, the legal guardian (mother) contributed funds
    2. The defendant is already 17 and after turning 18 she will choose her place of actual residence (and less than 1 year before the choice).
    As a rule, in the situation you described, the courts assign the right of use to a minor citizen.

    Hello! My 17-year-old daughter has been registered in her father’s municipal apartment since birth. My father died, my daughter and my husband’s stepfather remained registered in the apartment. My daughter doesn’t live in the apartment because they don’t even let us in, they don’t give us keys. 7 years after my husband’s death I have been paying part of the utilities. I am registered in a municipal 2-room apartment. apartment with a 28-year-old son with a total area of ​​45 sq.m. The three of us live in it at the moment. Please tell me, can my husband’s stepfather remove my daughter from the apartment?

    Advice. File a claim for a determination of payment for housing and communal services (utilities). Further, if the citizen continues not to pay utility bills, raise the issue with the management company about eviction of the citizen as a defaulter. In accordance with Part 1 and Part 4 of Art. 17 of the Housing Code of the Russian Federation, residential premises are intended for the residence of citizens. According to clause 1 and clause 3 of part 3 of Art. 67 of the Housing Code of the Russian Federation, the tenant of a residential premises under a social tenancy agreement is obliged to: use the residential premises for their intended purpose and within the limits established by this Code; pay rent and utilities on time. Your ex-husband does not use the residential premises for living, and does not use it for its intended purpose, and does not pay rent for the residential premises.
    By virtue of Part 3 of Art. 83 of the Housing Code of the Russian Federation, in the event of the departure of the tenant and his family members to another place of residence, the social rental agreement for residential premises is considered terminated from the date of departure.
    As you can see, there are grounds for expelling the ex-husband from the municipal apartment.
    If you want to implement this in reality, contact us, we will help. We do not have prepayments (advance payments). Consultations are free. The cost of services is fixed.

    P.S. The phones are working. If you were unable to reach the specialist on duty on your mobile phone, then call the general telephone numbers - you will be given comprehensive advice..