Fraudulent ways to evict relatives from an apartment

Legislative regulations

Is it possible to evict an unregistered person from an apartment?

The term "registration" is used as a synonym for the concept "registration" .

This legal phenomenon is necessary to obtain certain government services: medical care, school education, social benefits, and so on.

The right to use residential premises is directly related to the degree of relationship between its owner and the owner of the apartment or its tenant.

A citizen can be evicted from a residential premises on the grounds listed in the Housing Code of the Russian Federation and other regulations. This issue will be discussed in more detail in the section below.

The eviction process is initiated by homeowners or other persons who have the right to use the premises, for example, tenants of a municipal apartment or neighbors whose rights have been violated.

The main condition for eviction is the presence of a court decision. It is this government body that decides whether a particular person has the right to live in a certain apartment or not.

Persons who are faced with the problem of eviction should study the norms of the Housing Code of the Russian Federation and the Investigative Committee of the Russian Federation. It will also be useful to familiarize yourself with the practice of courts considering such cases. In particular, Resolution of the Plenum of the Supreme Court of the Russian Federation No. 14 dated July 2, 2009, which summarizes many court decisions on housing disputes.

For persons who purchased real estate under mortgage lending , it is important to study Law No. 102-FZ of July 16, 1998 “On Mortgage”.

You can find out about the grounds for eviction from a service or communal apartment on our website.

Eviction of illegally residing citizens from residential premises, legal services

Sometimes it is necessary to evict people who have illegally moved in and are living in someone else’s living space and who voluntarily refuse to vacate it.
The eviction of illegally residing citizens from residential premises occurs mainly by court decision or administrative procedure under sanctions imposed by the prosecutor.

Certain citizens who occupy an apartment that is not their own usually do not want to explain on what basis they live in this area.

In order to illegally evict strangers from an apartment, you need to be well prepared theoretically, consult a lawyer on how to correctly draw up a claim for eviction of illegal residents from an apartment.

It is important to determine which guests live in your area:

• Distant relatives.
• Your friends, acquaintances.
• Persons who illegally live with their minor children.
• Incompetent, mentally ill people (for example, lawyers will answer how to evict a schizophrenic from an illegally occupied premises).

It may be necessary to reclaim property from someone else's illegal possession during eviction.

It is difficult to evict a person in any case, even if he is living with you illegally. Let's consider the reasons on which you can get rid of unwanted guests:

• Voluntary agreement between two parties.
• Due to a judgment issued after the filing and consideration of an eviction suit.
• Under certain sanctions of the prosecutor.

The above reasons sometimes serve to provide other accommodation. But there are other measures that do not provide for other living space:

• Damage to the owners' property and damage to the apartment.
• Constantly ignoring the rules.
• The house is not used as a residential building.
• The apartment was occupied arbitrarily, without legal documents.

The above criteria indicate that illegal occupants make living with them unbearable. And not in a common area, but generally in the entrance or house.

Writing an application to evict illegally living people from an apartment to the court - admission procedure:

• Gathering appropriate evidence. They can be different: if a person damages property in an apartment, it is necessary to contact the nearest police station to document the damage and verify the identity of the illegal occupant.
• The prosecutor's office must respond and record the call. After the case is forwarded to court, this official response is one of the evidence.
• If an illegally residing person owes utility bills, then you need to contact the Housing Office. They will issue a certificate confirming the debt. This will be the second proof. It is important that the certificate is issued 6 months or more in advance.
• The third evidence may be evidence from witnesses or neighbors. They must confirm in writing that there is destruction, disorder, and so on in the apartment.
• Another proof will be a legally signed lease agreement, any other legal documents.

Judicial case

According to the legislation of the Russian Federation, a claim for the eviction of tenants who are illegally residing on someone else’s territory is submitted in writing to a local court.

• The period for consideration and validity of a claim also has its own nuances:
• Resolving conflicts in relationships with each other regarding eviction - about three years.
• Legal relations - the period is determined for each case separately.
• A writ of execution for eviction can be obtained three months after the start of the trial.

Next comes the preparation of the statement of claim. Applications to it may include:

• Documents or copies thereof confirming the legal ownership of the property.
• Confirmation of contacting the police.
• Living space inspection report.
• Testimony of witnesses.
• Certificates from the Housing Office.
• Document on renting an apartment.

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Frequent cases in judicial practice are the eviction by the owner of people who illegally or willfully reside on its territory. The court considers the case and clarifies the circumstances:

• Are there any family ties between the resident and the owner?
• Attitude towards each other.
• Grounds for obtaining housing and concluding a contract.
• Events that preceded settlement.

It also happens that the evicted citizen was the owner of the sold residential space. The second apartment was purchased for another individual. Then this is a controversial issue; it is necessary to collect a package of documents and a database of evidence required by the trial.

Reasons and reasons

What are the grounds for eviction from an apartment of an unregistered person - not the owner? The housing stock is divided into 2 large categories - private stock and public.

The legislation identifies several grounds for eviction of persons from real estate that is not in federal or municipal ownership:

1. The citizen is not a member of the owner’s family and does not have the status of his dependent.
   For example, the owner's ex-husband after a divorce. In this case, how can you evict your roommate from your apartment? If such a person has not received a share in the privatized real estate, then he can be deprived of the right to live in the apartment.

If the economic situation does not allow the evicted person to buy or rent another property, then he will be given the right to use the apartment for a limited period.

2. The apartment was sold . If a person’s right of ownership has ceased, then the relatives of such a citizen no longer have the right to use this property. In a situation where people do not want to voluntarily vacate the premises, this can be done through the court. This provision is contained in Part 2 of Article 292 of the Civil Code of the Russian Federation.
3. The property was secured by a mortgage loan. If there was a delay in repaying the debt obligation, then there is a legal basis for the sale of the residential premises. In this case, all residents are deprived of all rights to it. More details about this procedure can be found in the Law “On Mortgage”.
4. In case of systematic violation of the rules of conduct in residential premises, ownerless use of property, violation of the rights of other citizens. The full range of reasons is contained in Part 2 of Article 35 of the RF LC.

You can learn about how people are evicted from mortgaged apartments from the video:

If a citizen lives in a non-privatized apartment, then there are the following grounds for eviction:

1. Arrears of payment for the use of premises and utilities are not repaid within six months (Article 90 of the Housing Code of the Russian Federation).
2. A citizen uses an apartment for other purposes than its intended purpose (for example, as a warehouse), violates the rules of use of the residence, or destroys real estate (for example, dismantles walls). This basis is provided for in Article 91 of the RF Housing Code.
3. In cases provided for in Article 85 of the RF Housing Code.
4. The move in was declared illegal. This is possible if a person moved into an apartment without the written consent of the tenant and his family members. In case of failure to comply with this formality.
5. The period of use of the premises by temporary residents has ended. The tenant of a municipal apartment has the right to provide it for temporary use by people for a limited period of time. After its completion, persons must vacate the property (Article 80 of the RF Housing Code).

Read about how to file a claim for eviction from a municipal apartment here.

How to evict a person from an apartment in which he is not registered?

Even if the owner is confident that he is right, he cannot prevent the evicted citizen from using the property until the court decision comes into force.

From a privatized apartment

From a privatized apartment
Privatization means the transfer of living space from the state to the residents, free of charge. This procedure is carried out once and means that the person who took part in it cannot lay claim to part of another living space. Any person who does not have his own part in it can be discharged from privatized housing.

If a citizen received privatized housing, but did not participate in the procedure for changing ownership, then in the future he will not have the right to dispose of this housing. He may still have the opportunity to live in it if he is registered there and is:

• child;
• dependent of the owner;
• a person who refused privatization.

Their eviction is also possible if they do not have proof of residency, but only after a legal court decision has entered into force. The judge may also grant a deferment to resolve the issue of housing for the evicted persons.

Where are they expelled?

A citizen who is deprived of the right to use residential premises is most interested in where he will live next .

There are 3 options to solve this problem:

1. The citizen is provided with a comfortable municipal apartment in accordance with Article 89 of the Housing Code of the Russian Federation.
   This happens in several cases:

• the building where the premises are located is recognized as unsafe;
• the apartment is unsuitable for further use;
• the site on which the residential building is built is seized for state needs;
• real estate is subject to transfer to a religious organization;
• after a major overhaul, the characteristics of the premises changed for the worse, for example, the area decreased;
• the apartment is subject to transfer to non-residential premises.

This list is contained in Article 85 of the RF Housing Code.

• The citizen is provided with another premises, possibly with deteriorated characteristics. This happens if the tenant and other residents do not pay utility bills for six months.
• Other accommodation is not provided in all other cases. This procedure is established by Articles 91 and 35 of the RF Housing Code. A citizen will independently search for a new apartment if he has been evicted from a private premises.

Find out whether you can be evicted from your only apartment in our article.

Deregistration

The most popular option with an extract looks something like this. The owner begins to imitate the process of selling an apartment for some very profitable purpose. Accordingly, the relative in such a situation is subject to discharge, since it is quite difficult to sell an apartment with registered residents. An impressive amount of money becomes an appetizing bait for a relative. They promise to issue it immediately after the apartment is sold.

As soon as the alleged victim is deregistered, the owners abruptly change their plans and refuse to sell the home. As a result, it will be impossible to renew registration, because no one will believe the stories of deception. It is also not possible to force the owners to legally sell the apartment and pay the promised amount unless there is a written agreement.

How to evict a person from an apartment if he is not registered in it?

The procedure should begin by studying the legislation. As noted, there is a limited list of cases when a citizen may be prohibited from using an apartment.

If the initiator of this process cannot understand the regulations, then you should consult a lawyer.

Voluntary

How to evict a person from an apartment if he is not registered in it without a trial?

The most painless option is to resolve the issue without trial..

Negotiations should be held, arguments should be presented, and supported by references to documents and regulations.

The logic in this situation is simple: why involve the court if the result of the process is obvious. Better to save money and time.

If the negotiations were successful, then it is worth taking a written commitment from the person that he voluntarily renounces the right to use the apartment and moves.

Is it possible to evict a registered person?

Evicting someone from an apartment always takes a long time, because the Constitution of the Russian Federation presupposes that every resident of our country is endowed with the right to have their own housing - the right to housing is prescribed.

Judges always carefully monitor the circumstances of each such case, carefully studying all documents provided and listening to the opinions of both parties on the issues of acquiring rights and the circumstances of settlement.

But nevertheless, it is possible to achieve a positive result, so you need to file a lawsuit in court and insist on the eviction of the registered tenant.

USEFUL: watch the VIDEO on the topic of recognition as having lost the right to housing, eviction: advice from a housing lawyer

Who can initiate eviction and when?

According to the laws of the Russian Federation, issues of moving in and eviction are primarily decided by the owner of the property, as well as:

• neighbors in case of infringement or violation of legal rights and interests;
• municipal employees, if the housing belongs to these departments;
• other homeowners living together in the same territory on the basis of equity participation;
• a court (state body) that determines the responsibilities of people who have (do not have) the rights to live in a certain territory;
• bailiffs on the basis of a court verdict that has entered into legal force.

One of the nuances in the issue of eviction is the privatization of the apartment. If this procedure is completed, and the owner is the legal representative, then he has the right to initiate the eviction on his own behalf.

If the housing is municipal and belongs to the state (service departments), then the rented persons living in the apartment are also equal participants-initiators of eviction if their legitimate interests are infringed.

You can evict an unregistered citizen who is not a homeowner if:

• peace and silence are disturbed at night;
• facts of unworthy behavior of the tenant have been recorded;
• utility bills are not paid for more than 6 months in a row;
• it was revealed that the dwelling was in an unusable, destroyed state;
• premises are not used for their intended purpose.

A citizen who wants to evict an illegally residing person from his territory must understand that it is important to document the facts of violations. This could be: signatures of neighbors, police reports, video and photographic materials that recorded unlawful acts of unregistered tenants.

Difficulties arise from negligent relatives who do not want to move out of the apartment voluntarily. In this case, you can contact the police, write a corresponding statement, and attach facts of indecent behavior.

Eviction options in the table:

Legislation

Is it possible to evict an unregistered person from an apartment? Yes, it is possible to evict an unregistered citizen from an apartment. There are differences in the procedure for eviction from an apartment of a citizen who is not registered there, this is due to the type of ownership of the premises.

Housing can be:

• non-privatized,
• municipal,
• private property.

An unregistered person is someone who is not registered in the residential premises in which he lives. Registration is necessary in order to use specific government services without unnecessary difficulties. Among them:

• placement of a child in a kindergarten or school (a minor, unlike an adult citizen, must be registered),
• registration of social benefits and various benefits (if necessary),
• assignment to a specific hospital institution.

The right to use housing is also determined by the degree of family ties with the owner of the real estate.

For example, when a man starts dating a woman and invites her to live with him, she becomes his partner. Until citizens have entered into official relations, they are not relatives.

When the apartment belongs to the state, the eviction procedure is handled by employees of the housing authority in the area where the apartment is located.

It is permitted to evict a citizen living in an apartment on the grounds specified in the Housing Code of Russia and other legal acts. The owners of the premises, as well as other citizens using them, have the right to expel them from residential premises.

How can you evict a citizen from an apartment who is not registered there? For this purpose, there must be a court decision, especially when it is necessary to expel a person without his consent.

Citizens who are planning to evict tenants from their apartment should familiarize themselves with court decisions on such cases.