How to discharge a minor child from a municipal apartment: how to do this for children in a non-privatized apartment where they do not live and is it possible to do this?

General procedure for discharging a minor child from an apartment

The child's discharge from the apartment will be required if the family changes their place of residence, the child does not actually live at the place of registration, or the spouses divorce and go to different homes.

In order for a child to be discharged, his parents need to go through several steps. These include:

submit an application requesting an extract (at the MFC or local passport office). The application can be submitted by one of the parents;
fill out a decree form at the government agency;
collect the necessary documents;
wait until the verification of the submitted application and documentation is completed;
receive a document confirming the extract;
register the minor at a different address (the next 2-3 days are given for this). If there is no new registration, the child’s representatives will be fined or face administrative punishment.

It is impossible to discharge a minor child from an apartment if there is no new place for registration.

Parents should consider several other factors. They relate to the child himself and the characteristics of discharge:

Children under 14 years of age do not have the right to sign documentation; if they are older, then they can, but in the presence of their representatives.
If the child is registered with relatives who want to discharge him, but the parents are against this, the case is considered by the guardianship council.
If the minor has both parents, then both of them must give their permission for discharge.
It is impossible to discharge a child without the mother’s permission. Exception: a woman has been deprived of parental rights, has gone missing, has not taken part in the child’s life since his birth, or for serious reasons cannot be in government agencies (this must be documented).
It is possible to discharge a minor from the apartment of the owner of the property, without the personal presence of the owner of the property, if the child is not a co-owner of this living space.

The guardianship council monitors the observance of the child's rights, and if they are violated, it always acts in the interests of the minor. The Constitution of the Russian Federation, Civil, Housing and Family Codes of the Russian Federation also protect the rights of the child to permanent housing.

Step-by-step instruction

The regulations for all stages of a child’s discharge from departmental housing are as follows:

Step 1. Preparation of a certificate about everyone who lives and is registered in a municipal apartment (room), plus information about their personal accounts. You can order it at the passport office and multifunctional center by providing an internal civil passport, a child’s document, or a document confirming the social rental of a departmental home.
Step 2. Submitting a request for consent to discharge from the local representative of the guardianship authorities. Here the applicant will be required to:
- passport of a citizen of the Russian Federation;
document confirming social employment;
certificate of family composition;
personal account data;
title document for a new property (purchase and sale agreement, social tenancy agreement, etc.)

Important! Since 2020, the title document for an apartment is an Extract from the Unified State Register of Real Estate about the property. When accepting a package of documents, employees of the guardianship department can request from the applicant a registration certificate for the home: the previous one and the new one.

Step 3. Writing a statement of intention to remove the minor from the departmental apartment with the obligatory indication of his new address of registration.

We invite you to read: Information from the law: why can bonuses at work be deprived, and what are the grounds for depriving an employee of payment?

As a rule, consideration of these requests by the guardianship authorities lasts 14 days, after which the applicant is issued a consent document for the child’s discharge. However, the parent (guardian) can also receive an official refusal if the guardianship authorities identify dubious issues or the documentary base is insufficient.

More information about the procedure for discharging a child from an apartment can be found here.

What the law says

The guarantor of the rights of a minor to housing are the Constitution of the Russian Federation and the Family Code.

According to these documents, a citizen under 18 years of age has the right to live with his parents or legal representatives at their place of registration. In addition, he acquires rights to their real estate.

Legal representatives are required to register the child in their own or municipal housing at the same address where they themselves live. Monitoring compliance with this provision of the Civil Code of the Russian Federation (Article 20) by guardianship and trusteeship authorities.

Article 20. Place of residence of a citizen

Place of residence is the place where a citizen permanently or primarily resides. A citizen who informs creditors, as well as other persons, about his other place of residence bears the risk of the consequences caused by this.
The place of residence of minors under fourteen years of age or citizens under guardianship is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians.

If the father and mother live and are registered at different addresses , then the child is registered at one of these addresses (we talked about whether it is possible to register and discharge a child from the apartment of one of the parents without his consent here). At the same time, the consent of all residents of the apartment where he will be registered is not necessary (Article 70 of the Housing Code of the Russian Federation).

Article 70. The right of the tenant to move other citizens into the residential premises he occupies under a social tenancy agreement as members of his family

The tenant, with the written consent of his family members, including temporarily absent family members, has the right to move into the residential premises he occupies under a social tenancy agreement his spouse, his children and parents, or with the written consent of his family members, including temporarily absent members of his family, and the lessor - other citizens as members of his family living with him. The landlord may prohibit the move-in of citizens as family members living with the tenant if, after their move-in, the total area of the relevant residential premises per family member is less than the accounting norm. The consent of the other members of the tenant's family and the consent of the landlord are not required to move in with the parents of their minor children.
Moving into residential premises of citizens as members of the tenant's family entails a change in the relevant social tenancy agreement regarding the need to indicate in this agreement a new member of the tenant's family.

from a privatized apartment?

First of all, children can be discharged from a privatized apartment on the basis of deregistration at the place of residence of their parents. This is possible if the minor was registered in privatized housing due to the registration of his parents in the same premises. You may encounter a problem in the form of opposition from the guardianship and trusteeship authorities, which may define this kind of extract as not meeting the requirements of the law. Therefore, written consent from these authorities should be obtained in advance.

If the registration of a minor occurred before the privatization of the living space, then the consent of the guardianship authorities is mandatory, regardless of whether the child is the owner of the apartment or not. And again, permission to discharge can be obtained only if guarantees are provided that the child will be registered in a full-fledged living space comparable to the former one.

Does the owner have the right to remove a child from his apartment?

Can the owner remove a child from the owner’s apartment? The law of the Russian Federation reserves the right of a citizen to dispose of his own property at his own discretion .

But in order to complete a transaction for the alienation of real estate, it is necessary to deregister all residents of it. There will be no problems with the removal of adult citizens.

And if a person under 18 years of age is registered in the living space , even if he lives at a different address, he will have to comply with some conditions and take additional measures.

How to discharge a minor child from the owner’s apartment? The owner has the right to discharge a minor without the consent of the guardianship authorities.

But if the court reveals facts of infringement of his rights, he can restore him in registration. Therefore, upon discharge, it is necessary to provide and take into account the following nuances :

Any actions related to the registration of a minor are carried out jointly with parents (legal representatives) .
The right to sign when drawing up documents for children under the age of 14 belongs to their legal representatives.
from 14 to 18 years of age prepares documents independently, but in the presence of parents (or guardians).
If an adult has both a father and a mother, both must give consent to deregistration.
If a child is registered in the apartment of relatives, and the parents do not agree with his discharge, the issue is resolved through the court. This takes into account where he actually lives.
A child under 14 years of age is deregistered only together with one of the parents.
To deregister, you must have proof that the child will be registered at a different address. Moreover, the conditions at the new place of registration must be no worse than the previous one. For example, you cannot discharge him from a separate apartment to a communal one.
A separate requirement may be that new housing is located in the same area as the previous one.

The reason for this requirement is that the child, when moving, has the opportunity to attend the same educational institution as before. If this rule cannot be observed, then the permission of the specialists from the guardianship authorities conducting the conversation with the minor is required.

We discussed in more detail the question of whether the owner has the right to expel others from his apartment - former spouses, children - here, and on what basis and under what conditions minors can be expelled, we consider in detail in this material.

If the person is under 18 years of age

The owner must familiarize himself with the provisions of the law:

Art. Civil Code - establishes that a son or daughter under 18 years of age can live only with their parents or with one of them;
Family Code - determines the right of a minor child to live together;
Housing Code - prescribes housing standards per person, which are also valid when children’s registration changes. It also establishes a preferential right to registration without the consent of the owner;
Convention on the Rights of the Child - protects the right of minors to housing.

Employees of the passport office and other authorities are guided by presidential decrees and federal laws when carrying out operations involving the registration of children.

After 14 years

Persons from 14 to 18 years old retain the rights of minors. The discharge of a child is subject to legal provisions applicable to citizens under 18 years of age. The difference is that the requirements of Art. Civil codes on cohabitation with parents are not taken into account.

Be sure to read it! Is it possible to make and receive a foreign passport not at the place of registration in 2020?

Problems

Sometimes, without the help of lawyers or employees of the guardianship authority, it is difficult to complete the procedure of deregistration or registration at a new address; difficulties arise:

The Board of Trustees may not allow re-registration in an apartment with a smaller area and worse living conditions.
You may also not receive permission to change your registration if it is associated with a transfer to a new school or kindergarten. It will be necessary to prove that the son or daughter is ready for a change of team, the parents will take care of a comfortable adaptation.
In order to change a child's registration, the consent of both parents is required. What if one of the parents does not agree with this state of affairs?

Consent is not required from a parent who has been deprived of parental rights, is wanted as a missing person, or has died.

Is it possible to expel a minor child from an apartment?

The question of whether the owner, if there are good reasons, can discharge a person who has not reached the age of majority, and if so, how, interests many people. Unfortunately, there is no clear answer to this; it all depends on the grounds for the emergence of housing rights and on a number of other related circumstances.

From the municipal

If the person being discharged or his parents do not own any other housing, the guardianship authority will refuse, since the minor did not exercise the legal right to participate in privatization, after which part of the living space would be at his disposal.

From privatized

Extracting from private property is also not an easy procedure. For example, if on the day of privatization a minor was already registered there, but his legal representative decided not to include the child in privatization, the latter is given the right to live in the apartment for life.

From non-privatized

A citizen under eighteen years of age is discharged from a non-privatized apartment according to the following procedure:

Visiting the passport office to obtain a certificate stating that the children are registered with their father and mother. You need to take your passport, social rent agreement and child’s birth certificate with you.
Drawing up a statement of personal account.
Visiting the board of trustees and obtaining consent.

After divorce

According to the Constitution of the Russian Federation, every subject has the right to own housing, and they cannot be deprived of property without reason. When the parents dissolve the marriage relationship, then one party no longer has the right to use the apartment if it is not the owner (in accordance with Article 31 of the Housing Code of the Russian Federation).

However, if the spouses have terminated the marriage, their child still has the opportunity to use the property, and it does not matter which parent it belongs to.

It is often quite difficult to evict a minor. If he is considered the owner of the property, the only possibility is to offer him another living space equivalent to the part to which he has rights.

When property is transferred to another person, the use of it by all members of the former owner's family ceases. Often this situation arises: a married couple dissolves their marriage, and the mother’s child from her first marriage remains registered in the stepfather’s living space. This issue can only be resolved with the help of the court. Of course, it is possible to wait until the child reaches adulthood - then it will be much easier to remove him from the register.

How to register a child in another apartment

No later than seven days from the date of arrival, citizens of the Russian Federation (including children) must register at the place of new residence (stay). The procedure is similar to an extract from the previous place of residence, and can be carried out in the same organizations (MFC, passport office, etc.

To register a minor child in another apartment , you must:

Submit an application for registration at the place of new residence;
Providing a package of documents (passports, departure certificates, birth certificates of a daughter/son, documents for new housing (ownership certificates, social tenancy agreements, etc.).
The registration period is three working days, but if the registration authority itself requests information about leaving the previous place of residence, the period increases to 8 days.

A registration mark for children over 14 years of age is placed in their passports, while younger children are issued a separate registration certificate.

Features of discharge under different circumstances

The general principle of discharge was discussed above. But it may differ depending on some points. Below we will consider 4 possible situations and the procedure for action in these cases.

The child is one of the owners

If the child is the owner of the property in which he is registered, then before the minor is discharged from there, the parents obtain permission for discharge from the guardianship council. This permission is needed not only when selling an apartment or other housing transactions, but also if a child renounces his rights to real estate (for example, when refusing to participate in the privatization of housing).

To obtain permission, a certificate about family composition (the number of registered persons at this place of residence) is taken from the passport office. You also need to bring there:

parents' passports;
birth certificate or passport of the child (if you have one);
ownership documents;
registration certificate for real estate;
application for discharge.

Then a certificate is issued confirming that the child is actually registered in this apartment. She is brought to the guardianship authorities. In addition to the certificate, you need to provide the same documents as at the passport office (originals and copies). They will be reviewed within 14 days.

If there are no problems and the child’s interests are not infringed, the guardianship council gives its written consent to discharge. With this permission, parents again go to the passport office and fill out a discharge form there (it will be provided by a department employee). The form must indicate the child’s new place of registration.

The FMS authorities check the application and discharge the child. After this, the minor must be registered at a different address by contacting the passport office. The application indicates a request for registration. The same documents are provided as upon check-out, only the departure sheet from the previous address, as well as documents for new housing, are also attached. The arrival sheet is filled out and given to the passport office employee. After about 2-3 days, registration is completed and you can pick up your documents.

Documentation

In order to discharge a child, you need to prepare the following papers:

Parents' passports. If at least one of them cannot be present when the child is discharged, then he is required to have a notarized consent to perform such actions or a power of attorney for a representative.
Child's passport or birth certificate. The certificate is only relevant if the child has not yet received a passport.
Permission from the guardianship authorities.
Documents on the basis of which the child will be registered at a new address. In some cases, they can be replaced by the presence of the owner of the new apartment/house and his documents for this property (sale and purchase agreement, donation, privatization, and so on).

Expenses

Extract, as well as registration, are carried out absolutely free of charge. The only type of expense in this case will be the registration of consent for an extract or power of attorney. The cost of such documents is approximately the same and, depending on the region, it can range from 2 to 5 thousand rubles.

Deadlines

Checkout is done relatively quickly. If all the documents are prepared and all that remains is to submit the notification, then the entire procedure will take about 1 week or less. Only in rare cases does it take more than seven days for discharge.

You should take into account the fact that after discharge, parents and their child have 7 days to register at a new address. It is also important to remember that this period begins to count from the moment you arrive at your destination. Simply put, if you plan to move to another city, which will take 5 days, this period will not be taken into account and the countdown will begin only from the moment of actual arrival.

The child is not the owner

If the child is not the owner of the home, then there is no need to obtain permission to discharge him from the guardianship council. All you need:

Parents should contact the passport office.
Collect documents to confirm the identities of the parents and child, as well as ownership of the apartment.
Submit an application requesting an extract.
Fill out the departure sheet, indicating the new registration address.
Wait for the process to complete (within 7 days).
Pick up your documents and register at your new address.

The main condition: before reaching the age of 14, the child must be registered with at least one of the parents or a guardian in their own or municipal housing (Civil Code of the Russian Federation, Article 20, paragraph 2). The consent of other property owners to register a child with a parent is not required (LC RF, Article 70, paragraph 1).

If the child is registered in a municipal apartment

When discharging a child from a municipal apartment, parents receive permission from the guardianship council. But before that comes:

At the passport office, get a certificate about the number of registered people in the current apartment. The same documents are provided as described above + social rent agreement for housing;
in the accounting department of the passport department, take out a personal account for the child;
Bring the received certificate, personal account and other papers to the guardianship authorities (as at the passport office). If the child’s new place of residence will be a municipal apartment, then a social tenancy agreement must be provided for the new address. If a child is registered in a privatized apartment, they provide documents confirming ownership.

After receiving permission, parents again contact the passport office, submit an application for discharge and fill out a departure form indicating the new registration address. The same documents are submitted with the application as before. Within a week, the received documents are processed by the Federal Migration Service. Then the child is discharged from the previous place of residence and must be registered in a new place over the next 2-3 days.

Discharge through the court

Discharge of a minor child through the court may be necessary if:

The child is registered at the address of one of the parents, but actually lives in another place (for example, with his grandmother).
The child’s right to use living space was lost, not acquired, or terminated.
The guardianship authorities did not consent to the child’s discharge, and the parents consider these actions unlawful.
The child's parents are getting divorced.

Be sure to read it! Is it allowed to sell an apartment to a relative?

In court, the presence of the guardianship council as a third party is mandatory. When making a decision, the opinion of the child is taken into account if he is already 10 years old.

But going to court is not always a 100% guarantee of a positive decision. The court will not allow an extract if:

a child is a participant in the privatization of real estate owned by a municipal fund;
the claim is filed by a person interested in deregistering a minor in order to obtain real estate;
the minor has not been provided with a new living space for registration;
the new housing is worse than the old one.

Important ! New housing must be equivalent or even better in terms of living conditions and square footage. For example, if in the previous apartment there was 17 m2 per child, then in the new place the area per child should be at least 17 m2.

The location of the new housing is also taken into account. Since moving is associated with a change of school or kindergarten, ideally the housing should be located close to these institutions (so that the child does not change them). If this condition is not met, then the guardianship authorities find out from the child whether he is emotionally ready for a change of environment and team, and whether the move will be stressful for him.

Rules and features of discharging children from a private apartment or municipal property in 2020

According to Russian laws, all citizens of the country must be registered at their place of residence, that is, they must have a residence permit.
Without a mark in the identity document that confirms the fact of registration, Russians will face serious trouble, namely administrative and even criminal liability.

When changing their place of residence, citizens must deregister, and after settling in a new living space, obtain registration at a different address. However, the logical question becomes: is it possible to discharge the child?

Few people know how to re-register children, believing that it is enough to leave the baby in the grandmother’s house. The legislation in this industry is quite confusing and complex.

However, you don’t have to waste your own time, energy and personal resources on studying the laws; today there is a more profitable solution - consultation with an experienced lawyer, which any father or mother can get.

The specialist knows all the features of the current legislation, so he can easily and quickly answer all the applicants’ questions, give reliable recommendations and practical advice on how to remove a minor child from an apartment, draw up a clear procedure for action, etc.

To obtain professional legal support, it is not at all necessary to spend money on a commercial consulting lawyer; it is enough to have access to the Internet.

Our website employs competent legal experts who are always attentive and responsible to the problems and questions of citizens.

Lawyers will study the circumstances of your case and explain how to discharge a minor child or several children from a private house or municipal apartment, whether it is possible to register a minor citizen with a grandmother, and what is needed to obtain a child’s registration card at a new place of residence.

General rules and procedure for discharging a minor child from an apartment

In the modern concept, to discharge a child means to remove him from his place of registration. Most often, this procedure is needed when selling a private house or municipal apartment.

The legislation regulates a clear procedure, for violation of which administrative liability is provided. You need to obtain registration and deregistration through the Federal Migration Service.

However, before going to the migration service, you need to learn a few basic rules that will allow you to quickly and without unnecessary problems discharge your child:

The removal and registration of minor children with the migration service is carried out only on the initiative of parents or official guardians.
When a child acts as the owner of a private house or apartment, and also has a share of real estate, his discharge is carried out only after receiving consent from the guardianship and trusteeship authorities.
If the father lives separately from the family or the marriage has been dissolved, the child can be discharged only after agreement has been reached on the part of both parents.
When a father or mother has been deprived or limited in parental rights, the child is assigned the right to use the personal or municipal apartment in which he is registered.
It is impossible to discharge a child or children if there is no next registration address. Only if you have housing can you remove your child from the FMS register. At the same time, the new living conditions for children should be better than the previous ones.

How to discharge a child from a private privatized living space

If, when selling a house, you need to de-register a registered child, you need to immediately think through many nuances. The most important aspect is whether a minor citizen acts as the owner of the property or whether the father or mother owns the property or whether the home belongs to the grandmother.

If the little boy is the owner of the apartment, then the discharge process should begin by contacting the guardianship authorities. Here you must obtain permission to deregister children from the Federal Migration Service. To do this, the applicant, father or mother, must provide a certificate about the persons living in the premises, as well as:

statement;
technical documentation for the facility;
certificate of ownership of property;
ID cards of parents and child.

The preparation of documents for the sale and removal from a home must be treated with the utmost care and responsibility. The application must be completed under the supervision of an experienced specialist, and all documents must be submitted in originals and photocopies.

The next stage is registration at the new address, filling out the arrival form and submitting documents for registration. Registration with a grandmother is possible if the father or mother is also registered there. The procedure will take no more than three days. Things are a little different when a registered child who is not the owner of the property is deregistered.

The algorithm of actions is similar, but in this case the consent of the guardianship and trusteeship authorities will not be required, so the procedure will take less time, effort and nerves. It will be convenient to send documents to the Federal Migration Service by mail.

Discharge of children from a municipal apartment

Also, a father or mother can discharge their child from the premises they used after signing a social tenancy agreement or receiving a special order. The general requirements remain the same; the registration will be canceled only if the baby is immediately registered in another living space together with one of the parents.

In such a situation, it is also impossible to do without consent from the authorities and government agencies responsible for the protection and safety of children. However, before going to the state service for children’s rights, you need to contact the passport office and get a certificate about the composition of the family and the number of people living in the apartment, as well as the personal account of the property.

To obtain this certificate, you need to submit to the FMS:

passports of father and mother;
children's birth certificate;
social rental agreement.

Having received all the necessary certificates in hand, the father or mother is obliged to deregister and discharge the children from the home. Checking out of the apartment may take about a week. You can reduce the time frame if you send all the papers to the Federal Migration Service by mail.

If the list of documents is missing some information, or the application does not meet legal requirements, the papers may be returned to you. To exclude such a development of events, it is better to obtain professional legal assistance in a timely manner.

It is worth considering that the discharge of children who have reached the age of 10 is carried out with their consent.

A citizen over 14 years old writes applications together with his parents, and also provides a Russian passport instead of a birth certificate.

If, after discharge, the baby is not registered at the new address in a timely manner, the father or mother will be forced to pay an administrative fine.

Rules for filling out applications

The outcome of the case depends on whether the application to various authorities is drawn up correctly. Each of the statements has its own characteristics .

Claim in court

The application to the court is submitted at the actual place of residence of the child .

The claim must first of all be justified, therefore the application must indicate the requirements that comply with current legislation.

First of all, indicate the subject of the claim - recognition of the citizen as having lost the right to use the premises. This is what should be the subject of the lawsuit.

At the end of the application, ask the court to also recognize the minor as having lost the right to use the premises.

Discharge from the premises will occur subsequently on the basis of this decision, since the court does not discharge anyone, this will then be dealt with by the relevant authorities .

Further in the application, indicate the reasons for this decision.

We talked about how claims for forced deportation are drawn up in various situations in a separate article.

In the Federal Migration Service

An application to the Federal Migration Service is written by both parents and the child after 14 years of age. The easiest way to obtain such an extract is by registering at a new address.

In this case, citizens submit an application to the place of new registration with a request to register the minor.

Employees of the Federal Migration Service carry out registration, and deregistration from the old place of residence occurs automatically , without the participation of applicants.

To the guardianship authorities

The guardianship authorities should be contacted not with a request to discharge the child, but for permission to remove him from the registration register at the place of his previous registration.

After the request for permission , you should reasonably indicate the reasons for the discharge and be sure to indicate the new registration address . Without a substantiated description of the new registration address, it is impossible to obtain permission from the guardianship.

The guardianship authorities will not allow the child to be discharged without providing him with a place of residence.

It is necessary to attach to this application documents for the apartment and a personal statement from the owner about the desire to register a minor on his own territory.

Is it possible to discharge a child to nowhere?

According to the current legislation, citizens can be discharged “to nowhere” only upon reaching the age of 18, but if he is the owner of this living space, then sometimes, in the event of its sale, a minor can be deregistered “to nowhere.” And then only with the permission of the guardianship authority and on the condition that the proceeds from the transaction will be credited to the child’s personal account and subsequently spent specifically on housing. In practice, consent to such manipulations is given very rarely.

General rules and conditions for the child’s discharge

There are a number of rules that every person who decides to initiate the discharge of children should know:

children are always registered and discharged together with one of the parents or with a legal representative, who can be, for example, grandmothers;
before starting the procedure, you must obtain the consent of the guardianship authority (if you are denied guardianship, you can appeal this decision in court);
when, when the parents divorce, the child remains to live with one of them, the consent of the other is required for discharge;
compulsory procedure is possible only by court;
after deprivation of parental rights, the child retains the property right to the residential property in which he is registered;
The law prohibits discharging a child “to the street”; deregistration of minors at the place of residence is possible only with the simultaneous registration of the person being discharged in a new place, and the apartment to which he is moving must be no worse in size and level of amenities than the previous one.

Can they refuse to discharge children?

There are situations when the discharge of even a child temporarily registered in an apartment will be refused not only by the guardianship authorities, but also by the court. For example, in these:

deregistration of a child and his subsequent registration in an apartment with worse living conditions;
discharge of a minor “to nowhere.”

If guardianship officials “accidentally” do not monitor compliance with these rules and allow a discharge that violates the legal rights and interests of the child, any interested person can appeal the decision of the negligent employee in court.

In what cases is an extract impossible?

As noted earlier, it is impossible to discharge a minor to nowhere . The court will definitely deny you the opportunity to remove it from registration if:

There is no permission from the guardianship authorities.
The child is not provided with a new place of residence.
The rights of a minor are violated by deteriorating living conditions.

Thus, the main condition for the child’s discharge is the availability of all necessary documents for the procedure. Otherwise, you will not be able to positively resolve this issue even through court.

When asking yourself the question, can I expel a child from an apartment if I am the owner, keep in mind that the expulsion procedure in each specific case has its own characteristics , therefore, to resolve the issue positively, it is advisable to seek help from lawyers.

Arbitrage practice

Each such case involving minors is considered individually, and a decision is made after a detailed analysis of the circumstances surrounding deregistration. As an example, let's look at a case where a child was nevertheless discharged by the court, although he did not own any real estate.

Example. Taking advantage of the State Program “Young Family”, the Tsvetkovs received an apartment in an apartment building under a social tenancy agreement. But after starting to complete the paperwork, the happy family discovered that the previous tenants were still registered in this living space - a mother and her minor child, although in fact the premises had been empty for more than eight years. The internal condition of the housing was very poor - glass was missing almost everywhere, there were no interior doors, and the wiring had long since broken down.

After the former tenants were found and officially notified that new tenants were moving in, they did not agree to check out voluntarily and asked the Tsvetkovs for an impressive sum of money for refusing to register.

The latter had no choice but to go to court to discharge the former residents without the latter’s consent. The Tsvetkovs listed several facts in their statement of claim as grounds for eviction of the defendants:

mother and child do not live at their place of registration for a long time;
more than eight years of rent arrears have accumulated;
Due to the fault of the previous residents, the condition of the apartment fell into disrepair.

After considering all the circumstances and evidence in the case, the claim was satisfied, and the defendants were successfully discharged by the Department of Internal Affairs of the Ministry of Internal Affairs on the basis of a court order within a few days.