How to forcibly expel a person from an apartment through the court, documents for expulsion from an apartment through the court

What is an expulsion and what is an eviction?

When talking about an extract, it is worth clearly distinguishing between legal terms!
Extract

- this is a procedure for deregistration, which occurs on the basis of a court decision that the defendant does not have, has terminated or lost the right to use.

Eviction

- this is a procedure for the actual (physical) removal of the defendant from the residential premises illegally occupied by him. A prosecutor must participate in the eviction hearing and it is carried out by bailiffs.

Forced discharge

Let's start with the constitutional foundations of the Russian state - Article 40 proclaims that every person has the right to housing. You can’t just evict a person from an apartment. Especially if the evicted person has nowhere to live or is in a difficult financial situation. If so, this gives rise to property disputes. Agreeing on an eviction amicably means solving half the problems. But if consensus is not found, then a court cannot be avoided.

Judicial authorities are authorized to consider cases related to the deregistration of owners and non-owners of housing. It is easier to register a regular tenant or a temporarily registered one. Things are more complicated with children who have a share in the house. Forced deregistration allows you to remove a tenant from the registration register even without his consent. Sometimes this is the only way out of the situation.

Grounds and reasons

When filing a claim in court to discharge a tenant, the applicant must have compelling reasons for such a request .

Reasons for discharge permitted by law:

The couple, who lived in the same apartment, filed for divorce . If one of them is the owner or tenant of the apartment, then after the divorce the second one loses the right to live in the apartment. We talked in more detail about how, after a divorce, ex-spouses and children can be discharged if they are not homeowners, here.
A citizen registered in an apartment has not actually lived on its territory for a long time. If he is not its owner, then he can also be evicted, citing an unwillingness to pay for utilities for him.
The tenant violates the living conditions in the apartment : behaves hooliganly, makes noise at inappropriate times, or commits other antisocial acts. In this case, the expulsion and eviction of a citizen is possible only with prior warning.

This basis for deregistration applies only to situations with social housing - in this case, the owner of the apartment cannot be removed from the registration register.

The building in which the apartment is located is in disrepair and is subject to demolition . In this case, the residents are discharged and given new housing.
The tenant is avoiding paying utility bills . In such a situation, you can only write out the tenant of the apartment or a citizen who is not its owner. Moreover, the period of non-payment must be at least six months, and the fact of lack of payments must be documented.
The apartment was received by the owner as a gift - in such a situation, he has the right to discharge all citizens who are registered in it, without the consent of the persons being discharged.
The citizen registered in the apartment is in prison or undergoing compulsory military service . In this case, he can also be discharged from housing without any problems.

It is worth considering that the listed grounds differ depending on who the offender is - the owner of the apartment, a simple tenant or a tenant under a social tenancy agreement .

From a privatized apartment

Cases in which eviction from a privatized apartment is possible:

If during privatization a person was not registered in the house, was not included in the order or did not live there,
Ex-wife, if privatization was carried out before marriage,
Ex-spouse not included in the privatization agreement.

In order to discharge a person, it is necessary to contact the registration authorities with a passport, an application and documents for living space.

Municipal housing

If the residential property belongs to the municipality, then only they can discharge the tenant.

Cases in which you can evict a tenant from municipal real estate:

Housing is not used for its intended purpose;
Operation is carried out in violation of the technical plan;
Large debt on utility bills;
Violations of neighbors' rights.

Even in these cases, the discharge of a tenant is possible only by court decision.

From an apartment received as a gift

When receiving residential real estate under a gift agreement or by inheritance, the new owner has the right to exclude certain citizens. This can be done without their consent, but provided that they have other housing.

The owner applies to the court with an application for forced deregistration. After receiving the court decision, you must contact the registration authority with an application for eviction.

Reasons for discharging a person

In order to forcibly, by court, discharge a person without his consent, there must be compelling reasons. It is noteworthy that the owner of the apartment must prove the existence of such grounds directly. Such reasons include:

Divorced marriage

After its dissolution, the ex-husband and wife are no longer considered relatives. As a result, the husband or wife who does not own the apartment is required to check out.

If the housing was purchased during marriage or serious money from the family budget was spent on bringing it to its current state, then both spouses will apply for the apartment. From a legal point of view, such housing belongs to them equally (for example, 50 to 50). In this case, it does not matter to whom exactly the property was registered. Thus, both spouses are co-owners of the apartment. And since it is impossible to evict a co-owner, even going to court will not help. To solve the problem, it is recommended to divide the property (for example, also in court or voluntarily) and only after that, having decided who has what and how much remains after the divorce, deal with the extract.

Failure to fulfill obligations to pay utility bills

In this case, it is assumed that the person actually lives in the apartment, uses water, gas, electricity, sewerage, and so on, but does not pay for them. In some cases, this is acceptable if there is a certain agreement with the owner (for example, in addition to paying for utilities, the tenant ensures that there is food in the refrigerator at his own expense), but more often than not, each of the registered people is required to pay their share of the services. If this does not happen, then such a tenant can be forcibly discharged. It is also necessary to take into account the fact that non-payment for services must be long-term. At least 3-6 months (depending on the situation). If a person has not paid for just 1 month, this is not yet a reason to go to court. Such a claim will most likely not be satisfied.

If there are other agreements between the tenant and the owner of the apartment regarding the payment of utility services, they must be documented. Oral agreements will not be considered evidence for the court. As a result, a tenant can regularly fulfill his obligations for the same purchase of products, but not pay rent, and the owner will force him out precisely because of failure to pay utility bills.

Public order disturbance

Some residents behave frankly disgracefully. They make noise at night, play very loud music, regularly have drinking parties, fights, and so on. If this happens quite rarely (for example, once a month), it is still tolerable. Everyone has “fasting days” or some kind of problems. But if such a violation of order occurs regularly, then the only way to evict such tenants and discharge them is to go to court.

In this case, in addition to the evidence collected by the owner, testimony from neighbors is also needed.

The person does not live at the registration address

If a person is registered at one address, but lives differently (the reasons are not important), then he can be discharged only on this basis. Of course, the period of absence from the place of registration must be impressive (at least six months). In addition, you need to make sure that the person does not live at the registration address for compelling reasons.

Example: A student is registered in one city, at one address, but is sent to another locality for study. He is moved into a dormitory and given temporary registration for the entire period of his studies. This is a good reason. In fact, a person is forced to not live at his main registration address because he could not find a suitable university in his hometown. He does not pay for utilities, but does not consume them either. As a result, he cannot be evicted for such a “violation”.

Selling an apartment

If the housing was purchased by a new owner, then the persons registered in the apartment are not his relatives, they did not enter into any agreements with him and, as a result, do not have any right to live in this apartment. Under such conditions, the new owner can go to court only if there is a purchase and sale agreement.

Most often, buyers demand that all residents be removed from the apartment before the transaction is completed, so as not to waste time going to court in the future. However, this is not always possible for various reasons. Old residents may receive a certain delay (for example, 1 month) in order to check out voluntarily (this fact is also reflected in the purchase and sale agreement). During this time, they must find another place to live and register there. If this condition is not met, the new owner can also forcefully remove all old tenants through the court on the basis of the same purchase and sale agreement.

The apartment is not used for its intended purpose

Some residents turn the apartment they live in into a warehouse, a confectionery shop, and so on. This is not the intended purpose of housing and, as a result, they can be discharged only on the basis of such a factor. The main problem here is the lack of evidence. Long-term photography and video recording will be required, as well as testimony from neighboring witnesses in order to prove the fact of misuse of the property. Otherwise, the court will reject the claim.

Military service or serving a sentence in prison

Despite the differences in situations, in the case of an extract, everything is almost identical. In both cases, the person is registered, but to a new address (in prison or in a military unit). As a result, he can be safely discharged. These are one of the few situations in which there is no need to go to court; documents confirming the fact of serving a sentence or being sent to service will be sufficient.

After returning from prison or the army, a person has the right to demand that his registration be restored. This needs to be taken into account.

Death of a tenant

Another option that does not require a court decision. It is enough to collect evidence of the resident’s death (death certificate) and, on its basis, submit documents for the discharge of the deceased.

If a person goes missing and is subsequently declared dead, a court decision will be required that confirms this factor. If the allegedly deceased ever returns, he may demand that his previously valid registration be restored.

Who can be discharged by court order and who cannot?

When going to court, the applicant needs to be prepared for the fact that the claim will not be satisfied, because in some cases it is impossible to evict citizens from an apartment.

Categories of citizens whose discharge will not cause problems:

former spouses who are not the owners of the apartment;
persons serving sentences in places of deprivation of liberty;
citizens who serve in the army;
people actually living elsewhere;
rowdies, hooligans or alcoholics;
parents of a minor child who have lost their right to live with him;
persons who are not relatives of the owner (you will find out whether the owner himself will be able to write out relatives if there is such a desire).

But citizens who belong to these groups are unlikely to be evicted from their apartment even if they go to court :

apartment owner;
minor child;
a citizen who was registered in the apartment before its privatization and during this procedure renounced his rights to housing;
persons who do not have other housing and the funds to buy or rent it (read whether it is possible to discharge a person “to nowhere” here).

In the latter case, the court may grant the tenant a delay in eviction for a period of one year - after which the owner will have to apply to the court again.

Who cannot be evicted from the apartment?

It is impossible
to discharge a person from municipal housing who lives there and/or pays utility bills there;
It is impossible
to discharge from municipal housing a person whose accommodation is being hindered (he is kicked out of the apartment);
It is impossible
to discharge from privatized housing a person who was registered there at the time of privatization, but who did not receive a share in the property, if he continues to live in this residential premises;
It is impossible
to expel a minor child of the owner or tenant from the residential premises until he turns 18 years old if his parent continues to be registered in this living space;
It is impossible
to write out the owner of a residential premises or his share, except in cases where he owns a small share and cohabitation violates the rights of other owners;
It is impossible
to discharge a minor child left without parental care from the residential premises until he reaches adulthood;
It is impossible
to write out a person who was included in the order for a cooperative apartment as a member of the shareholder’s family if he continues to live in it;
It is impossible
to expel a person from the acquired housing to whom the new owner himself retained the right to use the residential premises in the contract.

In what cases is a citizen subject to forced deportation?

It is not uncommon for the deregistration of one or more residents to be accompanied by property disputes. Such situations can only be resolved within the framework of a court hearing.
To resolve the conflict between the parties, the owner of the apartment must provide the court with comprehensive evidence, which includes documented loss of the defendant’s property rights to the residential premises. The most common cases in which it is necessary to discharge tenants from an apartment by going to court:

A person does not live in an apartment for a long time . In fact, he lives at a different address, and his apartment is only registered.
Privatization of municipal housing . You need to formalize the transfer of state real estate into private ownership, excluding a certain person from the list of members of the privatization procedure.
The tenant avoids financial obligations for the maintenance of housing . That is, it does not pay mandatory utility bills and taxes;
Divorce and termination of family relations with a tenant;
The impossibility of living together in one living space.

Extracting a person from an apartment who is not its owner is often burdened with difficulties. Typically, disputes of this kind arise among divorced spouses when one of them managed to privatize a home before marriage.

The court may refuse to satisfy the applicant's claims regarding the defendant, and a positive outcome in favor of the plaintiff often obliges him to provide his ex-spouse with another place of residence.

How to protect your rights

In order to protect your rights, you must consider the following features:

Going to court should always be preceded by a claim to the potential defendant. This is very important, as it shows that the applicant tried to resolve the issue pre-trial.
In most cases, it is impossible to discharge disabled people, dependents, low-income people and minors, especially if they have nowhere else to live.
It is almost impossible to evict one of the co-owners from the apartment. For this there must be really very compelling reasons, such as the presence of a threat to the lives of neighbors and so on.
Children can only be discharged together with their parents. You cannot discharge a minor child alone. Moreover, in order to discharge children, permission from the guardianship service will be required. If they consider that the living conditions in the new place (if there is one at all) are worse than the existing ones, permission will not be granted.

Forced eviction from an apartment through the court involves a large number of different actions and problems. It will be very difficult, and in most cases impossible, to manage without an experienced lawyer. At a free consultation, qualified specialists will talk about the main points that need to be taken into account when making such an extract. They can also represent the client's interests in court.

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Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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Special categories of citizens

In the case of the discharge of individuals, the generally accepted algorithm of actions may change - depending on the situation, this procedure may be easier or more difficult than usual .

For example, this applies to the following categories of citizens:

Minors. Is it possible to discharge a minor child from an apartment through the court? Children under 18 years of age can be discharged only if several conditions are simultaneously met:
- they are deregistered together with their parents;
There is another place where children will be registered.

Living conditions for minors in the new apartment should be no worse than in the old one.

We talk about whether a minor can be expelled from the owner’s apartment in more detail in this material, and we talk about the nuances associated with the expulsion of children when selling an apartment or moving in a separate article.

Pensioners and disabled people - representatives of this category of citizens can be discharged if they are not home owners.
In all other cases, they do not have any advantages over other residents and, at the request of the owner, can be forcibly evicted from the apartment.
Prisoners - This is practically the only category of citizens whose forced eviction can be carried out without the participation of the judiciary. You just need to contact the passport office with a copy of the court decision on conviction (in which cases and to which authorities you need to contact to obtain an extract, we told you here).
The same applies to those mobilized for compulsory military service - they can also be easily discharged from their apartment.
After returning from places of imprisonment or from the army, a citizen receives the right to register in an apartment again and live in it, even if during this time it was sold to other persons.
Absent persons - these citizens can also be deregistered quite easily. To do this, you must go to court and provide evidence that the tenant:

actually lives in another place and has not appeared on the territory of this apartment for a long time;
declared missing or dead in court.

All these features must be taken into account before starting forced removal from the apartment through the court.

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

To start the deregistration procedure you must:

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

Submit a set of documents either:

at the Federal Migration Service of Russia,
MFC (GBU “My Documents”).

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

Extract from the apartment through the passport office

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

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

FULL NAME,
Date of Birth,
passport details;
the reason for applying for an extract;
name of the body carrying out registration.

When simultaneously registering for a new residential area, you must indicate a new registration address. The signatures of the official and the applicant are placed in confirmation of the specified information.

APPLICATION FOR REGISTRATION AT PLACE OF RESIDENCE Form No. 6

IMPORTANT! A citizen of the Russian Federation can extract from another city. To do this, you need to contact the passport office at the new registration address with an application, which will indicate information about the registration address at the new place of residence while simultaneously submitting documents about extracts from the old one. The specialist will independently send documents for discharge to the old address. At the same time, the passport office employee has no right to refuse to carry out the procedure, as this is contrary to current legislation.

You can also check out through your representative, provided that you cannot come to the current registration address. The representative must have a notarized power of attorney with him, since we will be talking about making changes in the state register. If such a power of attorney is available, the representative can contact the relevant authorities to complete the procedure for deregistration.

Extract via the Internet on the State Services website

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

register on the Unified Portal of State and Municipal Services;
log into your personal account and go to the “Public Services” menu;
from the proposed list you must select “Removal of a citizen from registration”;
consent to the processing of personal data;
select the region in which the service will be provided;
confirm adulthood;
fill out a form indicating personal data, date and the issuing authority;
indicate your citizenship;
indicate the reason for the discharge and the fact of the availability of housing in which you can register;
indicate the form of employment;
be sure to clarify whether the citizen has the right to receive social security;
indicate education;
indicate marital status;
indicate the authority and place of filing the application.

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

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

Application to the court for discharge from the apartment

If a citizen refuses to voluntarily be removed from the living space, but there are grounds for this action, persons interested in this may go to court.

This is important to know: How to discharge or register a minor child in another apartment

To do this, you need to go to court with a statement of claim (form Article 131 of the Civil Code of the Russian Federation).

The claim must contain:

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

Deadlines

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

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

The deadline for a final court decision may be extended by repeatedly postponing court hearings and filing appeals.

What needs to be done to check out of the apartment

The sequence of actions and methods for resolving the issue of discharge may change.

In practice there are three ways:

discharge with simultaneous registration at a new place,
extract without simultaneous registration,
extract through government services.

A citizen can choose any of the more convenient options.

Sample statement of claim

There are standard rules for drawing up a statement of claim.

The application must indicate:

Name of the judicial authority,
Passport details,
Residential address of the plaintiff and defendant,
Title of the application indicating the purpose of the application,
The content of the circumstances of the case and the reasons for the discharge,
Provide links to relevant standards, lists and requirements,
List of attached documents,
Date of,
Signature.

If the application is drawn up incorrectly, the claim may not be accepted. A sample extract form is available

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

How long does it take

From the moment the application is received by the court, the statement of claim is considered within two months, in accordance with the civil law code of the Russian Federation. If the plaintiff presents undeniable evidence of the defendant’s loss of the right to use the living space, the consideration period may change.

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

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

A sample complaint can be downloaded from this link.

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

This is important to know: Why do you need an archival extract and how to get it

Municipal and privatized apartment: features and rules of the procedure

The procedure and grounds for deregistration from an apartment also depend on whose ownership the housing is - private or public .

A person can be discharged from a municipal apartment through the court, or from a privatized apartment through the court. It is worth considering in more detail the features of each case.

Extract from a municipal apartment - this procedure is much simpler, because there are many reasons for this.

A tenant can be discharged from a municipal apartment without consent through the court for hooliganism, disorderly conduct, drunkenness, damage to property, or use of housing for other purposes. The plaintiff in this case is the municipality or executive authority that owns the apartment.

When being discharged from municipal housing, not only the offender, but also all members of his family may be deprived of the right to live there.

Sample statement of claim for the removal of a person from a municipal apartment.

Extract from a privatized apartment . In this case, there are much fewer reasons - only those citizens who are not the owners or their immediate relatives can be deregistered.

Failure to pay utility bills is also not a basis for discharge - the owner can only collect the debt in court.

In both cases, the plaintiff needs to make sure that there are indeed grounds for the discharge, prepare documents confirming this and file a claim in court.

Sample statement of claim for the removal of a person from a privatized apartment.

Nuances of extracting from a municipal apartment

The initiator of deregistration from a municipal apartment can be either the municipality or neighbors or cohabitants. However, when going to court, a representative of the local administration body will still have to be summoned to court.

From a municipal apartment they can write out:

going nowhere;
with the provision of similar housing;
into a living space that has a smaller area.

It is almost impossible to discharge minors, incompetents, and disabled people without the provision of a similar apartment, even in court. You can read more about the nuances of deregistering minors in this article.

What documents will be required to check out of the apartment?

Standard package of documents for filing a claim in court for “exclusion from an apartment”:

Copies of the statement of claim according to the number of persons participating in the case;
Receipt for payment of state duty + copies according to the number of persons;
Power of attorney for a representative (if the claim is filed by a lawyer) + copies for the number of persons;
Extract from the house register + copies by number of persons;
Title and title documents for the apartment (agreement, warrant, certificate) + copies according to the number of persons;
Other documents confirming the existence of grounds for discharge + copies by number of persons.

The list of other documents is formed based on your situation and the presence of specific grounds for deregistering the defendant.

How to discharge a person from an apartment through the court

In order to deregister someone other than the owner without his consent, it is necessary to obtain a resolution to deregister the person. To do this, the property owner must:

Contact the magistrate's court located at the place of residence of the plaintiff (applicant) or at the location of the subject of the dispute (apartment).
Write a statement (claim) . It must indicate the reasons why (according to the plaintiff) the tenant should be deregistered at the location of the premises.
Attach a receipt for payment of court costs.
Provide documents for discharge.

There must be three copies of the statement of claim: one for the court, the second for you, and the third claim must be given to the defendant so that he can fully familiarize himself with the applicant’s demands.

You must have evidence of attempts to notify the tenant of your plans to go to court regarding his forced removal. If you know his real place of residence, then you need to send the original statement of claim and copies of all documents by registered mail with notification. If you live together, then simply give him the package of documents in person, but preferably in front of witnesses.

What documents are needed for court:

photocopy of the plaintiff's passport;
a copy of all pages of the house register;
copied documents confirming the applicant’s ownership of the apartment.
if we are talking about eviction of a former spouse, then a copy of the divorce certificate may be required,
extract from the Unified State Register.

How much does forced deregistration cost? Going to court with this problem will not cost much - you will pay only 200 rubles for the state fee.

Sample and contents of the statement of claim

Before going to court, the applicant must express his demands in a claim form.
How to write a statement of claim to deregister a non-owner? The main requirement is a clear statement of your motivation. In the statement of claim, you must clearly explain on what grounds you are forced to discharge a person without his presence and consent.

In his application, the plaintiff may ask the court to:

on recognizing the former tenant’s right to dispose and use the apartment as lost;
recognize the right to use residential premises as invalid or not acquired.
about forced eviction.

The claim does not relate to standard documents, and therefore the applicant can present his demands in any form.

Follow the links to find sample applications for deregistration from an apartment.:

Sample statement of claim to recognize a citizen as having lost the right to use residential premises
STATEMENT OF CLAIM for recognition of the loss of the right to use residential premises and deregistration

How to file a claim

Before visiting the courthouse to file an application, you must:

specify visiting days,
find out the number of the office where incoming documents are accepted.

In the Magistrates' Courts, applications are submitted directly to the judge assigned to a particular court district.
Within 5 days, he must make a decision on accepting the filed claim. Drawing up a document yourself can lead to a number of significant mistakes, and therefore it is best to entrust the preparation of claims for property disputes to professional lawyers.

Failure to complete an application correctly may result in:

failure to accept the application by the court and send it for revision;
refusal to consider the case.

There is an extensive list of reasons, relying on which the court makes a decision to remove the tenant from the apartment.

They may be:

regular and systematic violation of public order by the tenant;
neglect of sanitary requirements relating to the maintenance of living quarters;
refusal to pay for utility needs;
long-term residence of a person outside the disputed apartment;
situations related to divorce proceedings.

According to judicial practice, such property disputes are most often settled in favor of the plaintiff (if there is no obvious violation of the defendant’s rights). For a favorable outcome of the case, he is recommended to support his demands with supporting documents, which are:

tax receipts addressed to the applicant,
complaints from neighbors about unlawful, hooligan actions of the defendant, etc., documented by the local police officer.

If the applicant is unable to provide written evidence, the court may hear testimony. They can be:

testimony of roommates,
testimonies from neighbors in the entrance/stairwell.

After the court has issued a ruling, the plaintiff must apply to the FMS management authorities. Relying on the requirements of the document, the authority employee will remove the resident from the registration register.

Sometimes applicants are faced with the problem of evicting a discharged tenant.

If the former tenant refuses to leave the place of residence voluntarily, the owner has the right to seek help from bailiffs. As part of enforcement proceedings, the person will be forcibly evicted by them.

Dates of discharge

Since each case is individual, the exact time frame for litigation is uncertain.

Main deadlines:

Familiarization with the statement of claim – from 5 days to 2 months,
Preliminary and main hearings – up to 1 month,
The time to appeal is 1 month.

The defendant can extend the time frame for the consideration of the case by filing endless complaints. This often happens due to the lack of necessary knowledge on the part of the plaintiff. In order not to waste a lot of time and effort on legal proceedings, you should use the services of experienced lawyers or an attorney. Be sure to read how to discharge a temporarily registered person without his consent.

State duty and expenses

Litigation is a costly process. The minimum cost is payment of the state duty, which is 300 rubles. Provided that the defendant has several claims, the amount of the state duty may be increased.

Along the way, there will be a need to contact a notary, for example, to approve a purchase and sale agreement. You should clarify the cost of legal services in advance.

Arbitrage practice

The court often goes “halfway” to the defendant. For example, if he has nowhere to live or temporarily does not live at his place of registration due to his studies. The judge's decision depends on the demands made by the defendant. In the process of studying the appeal, the court carefully examines all the circumstances of the case. It happens that the court grants a deferment for discharge/eviction from the house. The law does not provide for an exact period of deferment, but on average the defendant is given from 3 months to 2 years.

Example.

District Court

Tula considered the case of A.V. Kondratiev, who filed a claim for the discharge of a deceased resident of a private house. The man got the property under a gift agreement, but a distant relative of the donor was in the house. He retained the right to live in a private house - he did not have any shares. After living in the house for a while, a distant relative left in an unknown direction. After 8 months it became known that he had died.

Kondratyev was not a close relative of the deceased, so he was not given a death certificate. The deceased had no other relatives, so the original certificate was in the registry office. Kondratyev contacted the Department of Internal Affairs directly at the place of registration of the property. But there he was told that his discharge would not take place without a court decision.

The man filed a claim in court to remove the deceased from the registration register. At the preliminary hearing, Kondratyev petitioned the court to submit a request to the registry office. Soon the answer came. And the death certificate of the relative was provided to the court. The deceased was discharged from a private home.

When deciding on the discharge, the court took into account that Kondratyev actually received the house under a donation agreement (Article 572 of the Civil Code of the Russian Federation), registered ownership (Article 209 and Article 292 of the Civil Code of the Russian Federation), as well as the established fact of the death of the tenant (Clause 1 of Art. 278 Code of Civil Procedure of the Russian Federation). Thus, Kondratyev filed one claim for recognition of the loss of the right to use residential premises on the part of a deceased relative.

Arbitrage practice

Consideration of cases of forced eviction from an apartment is of great importance. Judges look at the status of housing (municipal or privatized), the reasons for discharge, the relationship of residents with the owners, the presence of children and people with disabilities. The absence of a claim against the violators usually leads to a refusal to consider the case.

The courts are also scrupulous in the issue of the right of citizens to housing (Article 40 of the Constitution of the Russian Federation). If a person has nowhere else to live, then most likely he will not be evicted from the apartment. However, they will be asked to follow the rules of living in the house in the future. The best motivation for such decisions is the threat of an administrative fine, community service or restriction of freedom.

Example No. 1: The Chertanovsky District Court of Moscow considered the claim of citizen Morozova against citizen Sergeev. Morozova was the mother of 19-year-old Ivan, who inherited an apartment from his grandmother. The expression of will was formalized in the form of a testamentary instrument. Having assumed the rights of an heir and registered ownership of the apartment, Ivan could not immediately move into housing. It turned out that the grandmother’s son was registered and living in the apartment. But he is not the owner of the apartment. Moreover, the apartment was privatized before Sergeev registered. The situation was aggravated by the systematic spree of the grandmother's son. Incoming receipts for payment were simply ignored. The tenant did not respond to the claims from Morozova and neighbors. Citizen Sergeeva was forced to appeal to the Chertanovsky District Court of Moscow. The content of the statement of claim contained a description of the problem and a demand to discharge the tenant through the court. The grounds were violations by Sergeev of the rules of living in the apartment, as well as non-payment of housing bills. The statement of claim was supported by Morozova’s son’s title documents for the apartment (inheritance certificate, certificate of registration of ownership in Rosreestr).

The court granted the claim, obliging the tenant to pay all debts for the apartment. At the same time, the court ordered Sergeev to deregister. The grounds were Art. 31 Housing Code of the Russian Federation and clause 2 of Art. 292 of the Civil Code of the Russian Federation. The decision came into force from the date of its publication.

Example No. 2: Citizen Smirnova and citizen Kazarov did not formalize their relationship with the registry office, but lived in a civil marriage. Kazarov did not have his own home, so he registered in Smirnova’s privatized apartment. But soon the cohabitants quarreled and stopped living together. Kazarov moved into a rented apartment, but did not check out of Smirnova’s apartment. A year of separation has passed. Smirnova had long suggested that Kazarov leave her apartment voluntarily, but the man did not agree. Then Smirnova filed an official complaint, but was refused. Having gone to court, the woman provided grounds for the discharge of her ex-companion. The court found that the couple lives separately, the tenant has no rights to the apartment, and Smirnova is the full owner. Confirmation was provided by a certificate of ownership, receipts for payment of utility bills and witness statements from neighbors. Kazarov did not appear at the court hearing. But this did not prevent him from being forcibly evicted from the apartment. Soon Smirnova received a writ of execution from the court and applied for an extract from the Internal Affairs Directorate of the Ministry of Internal Affairs. Citizen Kazarov was forcibly deregistered.

Procedure for deregistration

Deregistration, that is, deregistration of a person without his consent, occurs only by court decision.
There are several situations where the order of discharge may change. It all depends on certain conditions and nuances, such as whether the apartment is privatized or donated. These situations are discussed below in the article. The owner's deregistration is carried out exclusively by court decision. The owner himself can deregister any person living in his apartment.

If the apartment is municipal, the court must provide documents confirming one of the factors:

long period of absence of a person;
antisocial behavior of the person who is being forcibly discharged;

If the reason is behavior, you need to contact the municipality with a request for complaints from residents about the person’s inappropriate behavior. This is done after warning him of the possible consequences. If the person does not respond properly, the residents of the house file a complaint with the relevant authorities.

The basis for going to court is Article No. 91 of the Housing Code of the Russian Federation. Its procedure consists of performing the following sequence of actions:

Filing a claim for an extract to the court.
Attachment to the statement of claim of documents confirming the reason for deregistration. The document can be a certificate from the police for a missing person or for misbehavior.
The court conducts an inspection, after which a decision is made whether to satisfy the claim or not.

The absence of a person for a long period of time is regulated by Article No. 71 of the Housing Code. It states that it is possible to submit an application for forced deregistration only if a person does not appear at the place of registration for more than six months or utility payments are not received from him.

But there are a number of reasons that provide for a deferment and are considered by law in case of non-payment:

delay in pension payments;
delay in payment of wages;
severe physical condition of a person;
is temporarily unemployed;
there are disabled people or minor children in the family;

It is also possible to deregister people without their consent in the following cases:

During military service.
While in prison.

But this is not a final decision, because in these cases a person can demand restoration of registration if he can prove that the living space was subject to an exchange process.

If the person against whom the lawsuit is filed has her own living space, the decision will be clearly positive. To do this, the plaintiff must submit documents confirming this fact.

If the intention of one of the spouses is to force the other out of the proposed living space, there are two options for developing and solving the problem:

If the property was acquired during marriage, the only way out of the situation would be an exchange or exchange of property.
If the apartment was purchased by one of the spouses, a claim is filed for forced deregistration.

In a privatized apartment the procedure is much simpler. Privatization itself implies the assignment of property rights to a person, who can subsequently dispose of his property at his own discretion.

If the owner intends to compulsorily deregister, he must file a claim in court, which, theoretically, he must satisfy. The procedure for submitting and processing documents occurs in several stages, such as:

Submission of papers that confirm the ownership of the property by the owner.
Documents certifying the identity of the owner.
Filing an application to the court.
Physical evidence confirming the reasons for the person’s discharge.

If the court decision is positive, the person is discharged without his consent.

To make a decision faster by the court, you can collect confirmation from neighbors certifying the reasons for forced deregistration.

If you intend to discharge a minor, you will need to contact the guardianship authorities. They are the ones who have the right to make such decisions and approve them.

If the apartment was purchased before marriage, then the spouse has absolutely no rights to it.

If the apartment was registered as a property after a gift or inheritance, deregistration is possible only through a judicial procedure. The legitimate interests of owners are protected by Article No. 292 of the Civil Code.

sample statement of claim for deregistration in .doc format (Word)

How to expel a non-owner from a house without consent through the court

Is it even possible to discharge a person registered in the house if he does not want to? The legislator provides such an opportunity. In principle, this procedure is not very different from the similar one for checking out of an apartment, however, there are some nuances that you need to know about in advance.

If the registered person does not give consent to eviction, then you must go to court. There is no point in taking any measures against this person on your own, since a criminal case may be initiated against you under Article 330 of the Criminal Code of the Russian Federation.

Procedure and procedure

To remove a person registered there from your home who is not the owner, you must follow a certain sequence of actions.

Try to convince the registered person to deregister voluntarily. To do this, you need to send the tenant an eviction request; you will learn how to do this correctly from this article.
If voluntary discharge is not possible, then it is necessary to submit a statement of claim to the court. It is best to entrust the preparation of this document to a professional lawyer.
Collect all the necessary documents that will confirm in court the legality of your claims.
The application with the collected package of documents should be sent to the district court of general jurisdiction. This can be done in person, sent by mail, or transmitted through a representative.
Participate in court hearings, bring complaints and petitions, provide evidence of your innocence.
Get a court decision. This can be done in the office. If the decision is not made in your favor, you can appeal it to a higher authority.
With the court order, house register and passport, contact the Department of Internal Affairs of the Ministry of Internal Affairs of Russia at the location of the disputed residential building and draw up an application to deregister the defendant.

At this point, the procedure for deregistration from a private home can be considered completed. The registrar is obliged to make changes to the house register (it is kept by the owner of the property).

Statement of claim for discharge from a private home without consent

In order to discharge a person from a private home, it is necessary to draw up a statement of claim declaring him to have lost the right to use residential premises. After all, the judicial authority itself does not make changes to the house register. This function is assigned to the units of the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation.

There is no unified application form, but it must indicate the following:

the name of the judicial authority to which you are filing a claim;
full personal and contact information of the plaintiff and his representative, if he is involved in the process;
the most complete information about the defendant;
name of the claim (determined based on the applicant’s requirements);
description of the circumstances of the dispute: the date of ownership of the house, when and why the defendant was registered there, what caused the need for eviction, etc.;
motivated demands, which must be supported by evidence and references to the provisions of the Law;
lists of persons whom you wish to summon to court as witnesses and all documents attached to the claim;
date of compilation and personal signature of the applicant.

It is best to file a claim on a computer and print it out, but if you do not have this opportunity, then you will not be denied a claim written by hand.

Required documents

To file a claim in court for deregistration from a private home, you must collect the following documents:

applicant's passport;
power of attorney (if your interests are represented by another person);
extract from the house register;
certificate of registration of ownership or social tenancy agreement;
documents confirming the validity of the claim (personal account statement, resolutions on prosecution for violation of public order, certificate of divorce, etc.);
receipt for payment of state duty.

These documents are attached to the claim in copies, but upon request of the court it will be necessary to present the originals.

When a court decision recognizing the defendant as having lost the right to use a residential building is received, the following documents will need to be provided to the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation:

the court's decision;
house book;
certificate of registration of title to the house;
your passport.

After verification of the documents, all originals except the house register will be returned to you. And come for this document on the day appointed by the passport officer.

Statement of claim for discharge

The legislator does not provide a single sample statement of claim for an extract from a court decision. However, the document must comply with state document management standards. To draw up a claim, it is necessary to take into account the key requirements for preparing the document. The content of the claim must include the following information:

Full name of the court to which the plaintiff is appealing.
Personal data of the plaintiff and defendant (full name, passport details, information about the place of permanent registration and actual residence).
Claim substantiation of the reasons that prompted you to seek a solution to the issue in court. It is necessary to indicate the circumstances of the case and the reasons for the discharge.
Reference to valid legal provisions. When preparing a statement of claim, it is necessary to indicate specific regulations and provisions that, according to the plaintiff, relate to his specific issue.
Claim with a list of references to valid legislative standards.
List of accompanying documentation.
Date of compilation, signature of the applicant.

If the statement of claim is drawn up incorrectly, the court reserves the right to reject the application. The application must be submitted to the magistrate's district court at the location of the defendant (Article 24, 28 of the Code of Civil Procedure of the Russian Federation). If there is no information about the location of the defendant, the claim is sent to the court at the defendant’s last address.

When filing a statement of claim, it is necessary to take into account that it is subject to standard requirements for document execution:

The claim may be filed in printed form or written by hand;
It is strictly forbidden to indicate in the document false and untruthful information, information that has lost its relevance;
If typos and errors (both punctuation and grammar) are detected, the claim may be rejected.

To protect yourself from possible adverse consequences, you need to contact an experienced lawyer or attorney who will not only prepare a statement of claim, but also help achieve a fair decision in court.

Court decision on discharge

The court will make a positive decision on the defendant’s discharge in those situations if the plaintiff’s statement of claim is true and, as part of the study of the case materials, the existence of legal grounds for forced eviction has been confirmed. When making a decision, the judge will prepare a special act that contains the following information:

An introductory part with a description of all participants in the case, indicating their contact information and passport details;
The descriptive part, which sets out the circumstances of the case, indicates the reasons and motives of the plaintiff that defeated him to file a statement;
The reasoning part, which indicates the court's conclusions regarding the evidence provided in the case;
The operative part, in which the judge sums up the results of the consideration of the case, makes a final decision regarding the satisfaction of the applicant’s claims.

After the court decision is served on the plaintiff and defendant, it comes into force within the time limits established by law. If by this time the court decision has not been executed, the applicant has the right to contact the Bailiff Service to initiate enforcement proceedings.

Forced eviction with the support of bailiffs will take into account certain features:

Enforcement proceedings are activated if the defendant does not leave the residential premises within the period established by the court;
If an extract is carried out through the court, the mark in the house register is certified by representatives of municipal government structures;
If eviction through the court affects the interests of a minor child, at the stage of execution of the court decision the guardianship and trusteeship authorities take an active part;
Refusal to voluntarily execute a court decision imposes an obligation on the defendant to pay an enforcement fee.

Results

The list of people who are not subject to forced eviction or deregistration includes:

The owner's minor children. They retain the right to reside in the apartment even after the divorce.
People who voluntarily renounced ownership of real estate, but at the time of the privatization process lived there.
Those who refused a will.

The rights of the property owner include complete disposal of the apartment. If an extract is necessary, he:

submits an application to the court;
submits documents confirming ownership;
awaiting the court's decision;

Deregistration by court decision is carried out by employees of the registration authorities.

The average time period for discharge after a court decision is two weeks. The maximum period is thirty days after the day the decision on forced deregistration was made.

To summarize, we can highlight the following reasons for discharge with the help of the court:

Late payment of utility bills or their complete absence.
Illegal use of living space.
Not living in an apartment for more than six months.
Violation of the rights of other residents of the house.
Divorce.
Forced eviction caused by the demolition of a building.

The time frame for considering a case of forced deregistration is determined by the court based on the individual characteristics of the case.