Discharge without the consent of the prescribed person. How to check out of an apartment through the court? Sample statement of claim
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:
- The registered person will register at another place of residence.
- Instead of what is prescribed, another person will act on the basis of a power of attorney.
- 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 Government 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:
- Divorce - if housing is not joint property.
- Long-term absence from the place of registration - deregistration is possible if the person owns other residential premises.
- Deprivation of parental rights - such parents are automatically discharged “to nowhere.”
- Privatization - municipal authorities have the right not to include persons living in the apartment among those participating in privatization.
- Change of owner – new owner(under a deed of gift, certificate of inheritance, purchase and sale agreement, etc.) has the right to deregister registered persons by applying to the court.
- 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, eviction will require proof 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.
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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:
- The child has a share in the apartment.
- 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 drawing up 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.
Besides court decision, which has entered into legal force, 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 bailiffs to ensure the execution of a court decision.
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;
- call for military service;
- 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 purposes other than its intended purpose - 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.
Write out former owner apartment through the court is also possible in a situation where a person, after losing the right to live in an apartment, evades or refuses voluntary discharge from it.
To exercise his right, the new owner of the apartment contacts 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 everything Required 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 voluntary refusal from residence at the 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;
- annex 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 Plenum Resolution Supreme Court RF “On some issues that have arisen in judicial practice when applying the Housing Code Russian Federation" dated 07/02/2009 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 information about the citizen in his own accounting documents and a 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.
Housing issues and problems are often the most painful in our lives. This is where people often pay the price for their trust and empathy in others. Here, most of the tragedies occur between former relatives and people who were just recently close to each other. So, can the owner leave me from the apartment without my consent?
Is it possible to eject a non-owner from an apartment without his consent?
First, let's clarify the terminology. We all talk about registration and discharge, but these words have long ceased to be official terms.
Nowadays it is common to talk about registration accounting. It was not invented with the intention of nailing every person to a certain place, as is often thought. The concept of registration was introduced primarily for the following purposes:
- for citizens to fully realize their rights;
- for the proper performance of all kinds of duties (to other people, the state, and so on).
Permanent registration at the place of residence is the same registration that everyone is used to talking about and caring about. And the extract in modern terms is called deregistration.
In order to register anywhere on a permanent basis, a person often requires the consent of other people - homeowners, tenants, and all residents. And in order for registration to be terminated, this person himself must (ideally) express consent to this. What if there is no good will in this matter?
Then you have to deregister the person against his will. But this is not always possible.
The following video will show you how you can expel a former relative from a privatized apartment without his consent:
Now let’s talk about the procedure for checking out of an apartment without consent.
Procedure
To discharge someone from a residential premises, you must first prove your right to do so. There can be a huge number of similar situations, as well as disputes over them. However, in February 2015, the Supreme Court of the Russian Federation summarized the practice in a number of cases, after which some difficulties with extracts became a thing of the past.
What are the main reasons that can prompt a person to forcibly discharge someone:
- the registered person has ceased to be a family member;
- a person does not live according to registration for a long time, does not pay utilities;
- the tenant is in place, but does not pay his share of the rent;
- the previous situation is complemented by any non-compliance with the rules of residence.
Out of court
Let’s say in your life there is a need to deregister someone against his will. You want to avoid legal red tape and consultations with lawyers. You plan to resolve everything “quickly” with the passport office employees.
This option is simply not possible. Passport officers do not have the right to simply sign people out of their apartments. A single statement from the owner (tenant) of the property is not enough. Even if there is evidence (non-payment of utilities, violations of the rights of other residents, and so on).
Hence the conclusion: if you are asked, out of the kindness of your heart, to register someone in your living space, be internally prepared for possible negative consequences. Today's cute petitioner can become tomorrow's real house monster.
This does not mean that you do not need to trust, sympathize and help anyone. You just need to do everything not on emotions and not under the influence of requests like “let’s register now, and a residential agreement later.” Any action must be thought out in all options.
By court
There are almost no simple cases in terms of discharging a person from housing against his will. There are only more or less complex ones.
In any case, you will have to not only write a statement of claim, but also present the most logical and correct evidence. After all, the judge is completely unfamiliar with the situations of the plaintiff and the defendant. The one who truly substantiates his demands will be right.
The following information only applies to the deregistration of adults. The situation with minor children is so complex that it requires separate consideration.
Let's consider the main points of discharging a person through the court:
- The defendant must be notified of the existence of the claim. At a minimum, his signature on the summons or confirmation that such a signature was refused is required. If the defendant is unknown where, you will have to first establish his whereabouts, this is done through the police.
- At the court hearing, you must confirm your claims and then justify them. For example, present receipts for payment of utility bills and report that the defendant does not pay a penny. Call neighbors as witnesses - let them confirm that the person does not actually live. This applies to both your own home.
- A relatively simple option with an extract ex-husband/wives. If you are the owner or tenant, your marriage has been divorced, and your former “other half” is not the owner of the property and does not want to move out, there is a clear violation of your rights. Even if the former relative pays his share of the utilities in good faith. If not, you are doubly right. Of course, the apartment should not be joint property.
- Another relatively simple situation is if the offending tenant violates someone else’s rights: yours and/or your neighbor’s. For example, he gets drunk, makes noise, starts fights. The main thing is that the police are called during these incidents - official protocols will be full confirmation, and the testimony of neighbors will perfectly complement them.
- If the court finds the evidence presented insufficient, you can always apply for new evidence. If only such a possibility existed. If the case is still lost, you will have to prepare for an appeal.
Here we will dwell in more detail on the generalization of the RF Armed Forces' practice on this matter. It is really important because it allows us to solve once insoluble issues.
Previously, if someone voluntarily renounced their share, he received the right to use this housing for life. This made it almost impossible to subsequently sell such an apartment. Now, if the refusenik does not live locally and does not participate in taking care of the apartment in any way (does not pay utility bills), this restriction has been lifted.
A separate clarification concerns the so-called. These are not only divorced spouses, but also other relatives. Of course, father and son will actually remain as such even due to a housing conflict. But if they do not have a common household and budget, mutual assistance, and the relationship itself is terminated, then such people legally also become former relatives.
This is exactly the situation that the Supreme Court of the Russian Federation resolved in favor of the plaintiff, who in the local courts could not get his son, who had moved out of the apartment a long time ago, to be discharged.
A special case
Another sore point: . The case concerns people who do not live at their place of registration. Previously, they could not be discharged if a person did not have living space in reserve. Now, if the defendant left voluntarily and does not state in court that he was kicked out of the house, the plaintiff has every chance of achieving a positive decision.
The issues of deregistering people whose registration was valid at the time of the sale of the apartment remain difficult. If such a tenant turns out to be disabled, it is unlikely that it will be possible to terminate the registration.
It is also not difficult to terminate the registration of a convicted person, if only you had a copy of the verdict on hand. However, when the prisoner is released, he has the right to obtain registration again, and when selling his previous home, he can protest the transaction.
Problems with unwanted tenants are extremely confusing and varied. They must be resolved with great patience and full awareness of being right. And then housing will definitely be freed from “overload”.
The following video will tell you how to discharge a person who has agreed to privatization but does not want to be discharged:
Even more useful information on issues of removing a person from an apartment or house without his consent contains the following video:
If a person is registered in a residential premises, this means that this residential premises is his permanent place of residence. After all, it is on this basis that a person is registered at his place of residence. If the person registered does not live in the apartment for a long time and has no intention of living in it at all, then it is logical to assume that this residential premises is no longer his permanent place of residence and there is no longer any reason to remain registered.
If a person does not live in an apartment, then there is no reason to remain registered. The owner has the right to discharge tenants who are not living in the apartment through the court. Our lawyers are ready to assist in the discharge of such citizens.
So what does this mean? If a person of omnipotence moves into an apartment and considers this housing to be his place of residence, then he notifies the authorities of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs about this fact, and they, in turn, put a stamp in the general passport that the citizen is registered at the place of residence, that is, registered. If a person does not live in a residential area and no longer considers it his place of permanent residence, he must be discharged.
How to discharge a non-resident person from an apartment.
Questions regarding the discharge of non-resident residents, relatives, ex-wives and husbands arise with regularity. If the registered tenant does not live in the apartment and it does not matter who he is: a brother, sister, ex-husband or wife, or even a stranger, the owner has all the rights to discharge him. It is easier to discharge a non-resident person from housing than a resident person.Scheme for discharge of a person not living in the apartment
If a person does not live in the apartment in which he is registered and the owner wants to sign him out, then essentially it doesn’t matter whether he agrees not to sign out or the owner will have to sign him out without his consent. .
How does a person know that he has been discharged through the court if he does not live in the apartment?
For many people who are registered in one place, but in fact live in another place, the news that they have been discharged by court comes as a complete surprise. This situation applies to those registered citizens who are not the owners of the housing in which they are registered.How do I know that I have been checked out of my apartment?- the simplest option is when a person applies for a new passport, he is given a passport without a registration stamp. Or when contacting any government agencies, where the relevance of registration is checked, the database shows that the person has been discharged.
But this situation is not critical or problematic. Many people live with a stamp, but in fact have long since been deregistered at their place of residence. It is enough to register in another place and the problem will be solved.
Variations of examples when it is necessary to discharge non-resident residents from an apartment.
Let's consider some situations that occur in everyday life when the owner of an apartment needs to deregister a person who no longer uses his housing, that is, does not live. People often ask us questions, they are simple, but due to the fact that many are not familiar with this topic, it is difficult for them to immediately understand the general logic of the actions of discharging non-residents.Discharge the ex-husband who does not live in the apartment
Please tell me, I am the owner of a one-room apartment, which I inherited. I got married and registered my husband in my apartment. But a year later we filed for divorce and now we no longer live together. He lives in another place, but remains registered with me. I wouldn’t pay attention to it, but now it’s necessary, and it’s impossible to do it with what’s prescribed. How can I remove my non-resident ex-husband from my apartment?
The situation is not complicated; you need to file a claim with the court to remove your ex-spouse from the registration register at your place of residence. We have a sample statement of claim posted and presented on our website. The same scheme is used in a similar situation, but not with the husband, but with the wife.
How to expel someone living abroad from an apartment
My brother is registered in my apartment, but he hasn’t lived there for five years now, but lives abroad. I want to buy a new apartment and sell this one. My brother doesn’t mind checking out, but it’s impossible to do it remotely, and it’s not possible for him to fly in for a few days because of work, and it’s expensive. So what to do in such a situation? On the one hand, a person is ready to vacate the apartment, but on the other hand, he cannot come to the passport office to submit an application.
This situation is common. Many citizens remain registered in Russia, but go abroad for permanent residence. Unfortunately, it is not possible to remove a stamp from your passport remotely. It is necessary to personally appear at the Main Migration Department of the Ministry of Internal Affairs with a general passport and a statement of departure. Otherwise, there is nothing left but for the owner to file a claim in court. It should be noted that in this situation, it is possible to remove the discharge of a non-resident person quickly if he gives his consent, expressed in writing or through a representative. The average period will be 3-4 months.
Discharge a non-resident from a non-privatized apartment
We want to privatize the apartment. There are 5 people registered in the apartment. Me, my wife, our two adult children and my wife’s brother. There has been no contact with his wife’s brother for a very long time; he does not live in Moscow, but lives somewhere in the north now, where exactly we do not know. But without it we cannot engage in privatization. Therefore, it is necessary to discharge a non-resident person from a non-privatized apartment, is this possible?
If it is exactly as you write, then the preliminary answer will be positive. It is necessary to collect evidence that the citizen, in particular his wife’s brother, does not live in the apartment, does not pay for utilities, and so on. By contacting our lawyers, you can be sure that it will not be difficult.
How to remove a non-resident owner from an apartment.
I am one of the owners of the apartment, the second share is owned by my sister. But it so happened that our relationship with her deteriorated. She lives abroad, I live in our apartment alone and pay communal fees for two. She is in no hurry to come and be discharged; this has already been going on for more than 4 years. So I thought, is it possible to deregister it in order to save myself from paying fees due to it?
Unfortunately, no, it is impossible. She is the owner of the apartment. In order not to pay utility bills, you need to split the bills and pay only for yourself. Now, if the question was about how to deregister from a privatized apartment a non-resident person who has nothing to do with this apartment, that is, is not the owner, then there would be no problems with his deregistration.
I am the owner of an apartment, how do I sign out a resident?
My son's ex-wife lives in my apartment. They divorced, he has already created a new family and lives in his own apartment. And his ex-wife, by agreement with me, pays me for housing and so on lives in my apartment. It is written in it. Recently, our relationship with her has completely sunk to nothing, she takes strangers home, and does not respond to my requests to stop this. I tried to ask her to move out, but she won’t move out, she says, I’m paying regularly, it’s written down, and I’ll move on with my life. How can I get rid of it?
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