Can the owner write out a registered person?

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Published: 12/05/2017

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Purchasing an apartment almost always means the owners of such premises receive new living space. As a result, the owner can obtain registration at the address where such square meters are located.

• Normative base
• Registration rules
• Registration procedure
• Conclusion

What is a privatized apartment

The concept of privatized property appeared on the real estate market quite recently, no more than 25 years ago. During this time, many changes were made to the Housing and Civil Code of the Russian Federation on regulating the procedure for privatization of apartments. So, what is a privatized apartment? A privatized apartment is called the transfer of ownership from the municipality to the personal possessions of a Russian citizen. The privatization process is voluntary and should not contain the nature of the purchase and sale transaction, otherwise the apartment, by court decision, will again return to the state fund

According to Federal Law No. 1541-1, only a tenant who lived in a municipal apartment under a social tenancy agreement can exercise the right of privatization.

In some cases, residents move into non-privatized property on the basis of a warrant. This is not a reason for refusing to privatize the legal share of housing. When the apartment is completely privatized, it becomes the property of a new owner - a private individual. After that, he can dispose of the apartment as he pleases - sell, exchange, donate. If several people were indicated in the social tenancy agreement, then all of them can participate in privatization and receive their allotted share in the apartment. Then the privatization agreement is drawn up on the basis of shared ownership.

How to discharge a person without his consent

Write out the former owner

Advice from lawyers:

1. Is it possible to expel the former owners and their minor children from the apartment? I bought an apartment a month ago, in the CP agreement there is a line stating that everyone must check out within 10 days, but they still haven’t checked out, they say there is nowhere to register, what should I do?

1.1. Hello. You will have to apply to the court to deregister them as having lost the right to reside.

Did the answer help you?YesNo

1.2. There are two options: 1. wait some more time until they find a place to register; 2. file a claim in court for deregistration due to a change of owner.

Did the answer help you?YesNo

1.3. The fact that they have nowhere to register is their problem. Go to court.

Did the answer help you?YesNo

1.4. Hello. File a lawsuit for eviction. If you need help, call.

Did the answer help you?YesNo

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2. Discharge the former owner and his family members (wife and 2 minor children) from the apartment I bought, the contract specifies a period of 6 months, but more than a year has passed.

2.1. The situation is quite common. You need to file a claim in court to recognize these persons as having terminated the right to use the residential premises and to deregister them. It is impossible to solve this problem in any other way. I advise you to contact a lawyer to competently draw up your claim.

Did the answer help you?YesNo

2.2. You need to go to court with a demand to recognize these persons as having lost the right to use residential premises and oblige the Federal Migration Service to remove these persons from registration.

Did the answer help you?YesNo

2.3. You can write it out in court. If you need help, please contact us.

Did the answer help you?YesNo

2.4. File a claim in court. Contact us - we will help.

Did the answer help you?YesNo

3. According to the real estate purchase and sale agreement, I became the owner of the apartment. The former owners bought property for themselves, but they are still registered in the apartment I bought. They are dysfunctional people, so the question arises, what can be done to expel the former owners?

3.1. Go to court with a claim to declare them to have lost the right to use and remove them from the registry. registration and eviction, if necessary.

Did the answer help you?YesNo

3.2. Apply to the court to remove them from registration.

Did the answer help you?YesNo

3.3. You need to go to court on the basis of Art. 304 of the Civil Code of the Russian Federation.

Did the answer help you?YesNo

3.4. File a lawsuit in court to terminate the right to use the residential premises of the former owners, if they do not sign out themselves, then only through the court.

Did the answer help you?YesNo

4. We bought an apartment, a month later the former owner ended up in prison without being able to get out. How can I now remove the former owner from the apartment?

4.1. Hello! Contact the court with a claim for deregistration.

Did the answer help you?YesNo

4.2. Good afternoon. You can write it out in court.

Did the answer help you?YesNo

4.3. Contact the court with a statement of claim; after the decision comes into force, the former owner will be deregistered.

Did the answer help you?YesNo

5. How to register the former owner of the apartment? The certificate of ownership indicated a period of 2 NTD for registration.

5.1. In court if he refuses.

Did the answer help you?YesNo

5.2. Hello, if the former owner has not de-registered within the agreed period, it is necessary to file a claim with the court to recognize him as having lost the right to use. After the decision is made, submit it to the passport office and it will be deregistered. If the place of residence of the defendant is unknown, file a lawsuit at the last known place of residence of the Code of Civil Procedure of the Russian Federation Article 29. Jurisdiction at the choice of the plaintiff 1. A claim against a defendant whose place of residence is unknown or who does not have a place of residence in the Russian Federation may be brought to the court at the place location of his property or at his last known place of residence in the Russian Federation.

Did the answer help you?YesNo

5.3. To remove the former owner from the registration register at the address of the apartment he sold, you must go to court.

Did the answer help you?YesNo

6. Is it possible to evict the apartment and discharge the former owners if the sale was at auction due to bankruptcy?

6.1. Can. Judicially. Claim for eviction, recognition of the right of use as terminated.

Did the answer help you?YesNo

6.2. Hello. The former owner of the residential premises is obliged to vacate the residential premises if the right of use is not reserved to him on the basis of law or agreement. Eviction and deregistration are carried out only by judicial procedure.

Did the answer help you?YesNo

6.3. Perhaps through the court as having lost the right to reside.

Did the answer help you?YesNo

7. We bought an apartment and received a certificate of ownership, but we can’t move into it, because the former owner doesn’t want to move out and check out voluntarily, and it turns out that we seem to be the owners, but we don’t live in the apartment. The CP agreement specifies a 10-day period for check-out and check-out. How can we sign out the former owner and his young children if they haven’t bought anything in return and have nowhere to check out, and how can we properly kick them out of the apartment?

7.1. Only in court with the filing of a claim to vacate the premises.

Did the answer help you?YesNo

7.2. Hello. Judicially. If you need help, please contact us.

Did the answer help you?YesNo

7.3. Tatyana, good day. Demand eviction from the apartment in court.

Did the answer help you?YesNo

8. Can a citizen, having bought an apartment, formalized ownership and registered, independently register the former owner, if the purchase and sale agreement stipulates that the seller of the apartment undertakes to deregister at the place of registration before 02/15/2014?

8.1. Yes, you can definitely get it out of court.

Did the answer help you?YesNo

8.2. Yes, the new owner has the right to deregister the previous owner in court.

Did the answer help you?YesNo

8.3. Hello, you have the right to do this by filing a claim in court. ________________________________________________ Lawyer Podolskikh L.V. Tambov contact phone 89202309568; 89204753361 Contact me, I will be glad to help you.

Did the answer help you?YesNo

9. One of my friends bought an apartment. The purchase and sale agreement was drawn up by a notary. The former owner was not evicted from the apartment. The notary told him that you must be discharged within a month. 3 months have passed and he is not being discharged. What should the owner do to discharge the former owner?

9.1. In paragraph 1 of Art. 35 LCD and pp. 5 (f) clause 31 of Government Decree No. 713 dated July 17, 1995, it is clearly written that it is possible to discharge any person from an apartment without his consent only THROUGH THE COURT. This also applies to people who refused to participate in privatization. There is no other way. Therefore, if, after purchasing an apartment, the previous owners and their family members refuse or ignore the requirement to check out, the current owners need to file a claim in court to terminate the rights to use the residential premises. You will have to go to court, even if the purchase and sale agreement contains a clause that the previous owners will sign out within a certain period of time.

Did the answer help you?YesNo

9.2. Submit a Statement of Claim to the court " On deregistration"

Did the answer help you?YesNo

10. Hello. We bought an apartment and want to register the former owner, but he is in another city and registered there, he sent us a photo of his passport in electronic form with an extract and a new registration, but we lost it and there is no contact with the former owner, what to do in this situation.

10.1. File a claim in court for forced deregistration of the previous owner and describe everything as is. A lawyer can help you.

Did the answer help you?YesNo

10.2. It is necessary to collect documents and apply to the court with a statement of claim to deregister the former owner. Free legal advice by phone: 21-38-87, Omsk, st. Kommunalnaya, 4, of. 319

Did the answer help you?YesNo

11. How to expel the former owner from the apartment, what articles should be followed? 1/2 of the apartment belonged to me, and the other half belonged to another owner. On 04/09/2015 he sold his share to me and left for another area for permanent residence, but did not check out of the apartment as promised. His place of residence is unknown.

11.1. How to expel the former owner from an apartment, what articles to follow? There is no way you can write him out; there are no legislative levers.

Did the answer help you?YesNo

11.2. Contact the court at your last known place of residence, that is, for your recognition as having lost your right of residence and deregistration. Ask the court to appoint a lawyer as the defendant’s representative, in accordance with Article 50 of the Code of Civil Procedure of the Russian Federation.

Did the answer help you?YesNo

12. The question is the following: There is an apartment purchased, 3 owners and 1 former owner live in it, who donated his share to one of the owners. The question is whether it is possible to write the former owner out of the apartment and remove it from the registry. accounting. Of the relatives in the apartment of the former owner, only the daughter was given a share, the rest were her ex-husband and daughter-in-law. The former owner has his own home, half an apartment.

12.1. Hello. Yes, you can write it out in court.

Did the answer help you?YesNo

12.2. You can through the court. When donated, he loses the right of residence. Article 209 of the Civil Code of the Russian Federation.

Did the answer help you?YesNo

13. Please help me register the former owners of the property.

13.1. Can be deregistered through a court order.

Did the answer help you?YesNo

13.2. Hello. It is possible to discharge the former owners only in court. Do you need assistance with the discharge process?

Did the answer help you?YesNo

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14. What documents are needed when submitting an application to register the former owner (not a relative) my husband and I are the current owners of the apartment with a mortgage.

14.1. Hello. To the statement of claim you need to attach COPIES of: Certificate of ownership, Sales and purchase agreement (if there is a clause stating that the seller undertakes to deregister within such and such a period, or something like that), Certificate from the Federal Migration Service about persons currently registered in this apartment and a receipt for payment of the state fee.

Did the answer help you?YesNo

14.2. We will help you draw up an application to the court 63-48-48

Did the answer help you?YesNo

15. Help please. This is the situation. Someone send me a sample application to the court to discharge the former owners of the room who, according to the contract, were supposed to check out within 7 days, but in the end they have been there for three years already.

15.1. Hello! Samples are available on the Internet. But each claim is purely individual. You must follow the rules of Art. 131, 132 of the Code of Civil Procedure of the Russian Federation, which contain requirements for the form and content of the statement of claim.

Did the answer help you?YesNo

15.2. You can find samples on the Internet. Lawyers provide a paid service for the preparation of such documents. But keep in mind that each case is individual.

Did the answer help you?YesNo

16. How to register the former owner if he is in the MLS? and can he register back in the apartment sold on his behalf if the new owners are minors?

16.1. Hello! File an eviction claim in the district court at the place of registration of the former owner.

Did the answer help you?YesNo

16.2. In court, he must be discharged. If he is discharged, he will not be able to register back.

Did the answer help you?YesNo

17. How to correctly write a statement of claim to the court to expel the former owner from a private house.

17.1. Hello! Good afternoon In accordance with Article 31 of the Housing Code of the Russian Federation, the owner of a property can forcibly, through a court, deregister a person who has lost the right to reside in a given residential premises (the rules are the same as in apartments). Good luck to you.

Did the answer help you?YesNo

17.2. Hello. An application to the court is a strictly individual paid work.

Did the answer help you?YesNo

18. Is it possible to register the former owner of the apartment (the former owner from whom the apartment was bought) if he is not in the country, that is, without him, without his passport?

18.1. Hello! Difficult. We need his new addresses.

Did the answer help you?YesNo

18.2. As the owner of an apartment, you can apply to the court to recognize him as having lost the right to use the residential premises. The basis is a purchase and sale agreement.

Did the answer help you?YesNo

19. What is the best way to expel the former owner from the apartment through a court order or through a regular statement of claim?

19.1. Hello! Such a demand cannot be made “through a court order.” It is necessary to apply to the court with a statement of claim to recognize that the right to use the residential premises has been lost (Article 292 of the Civil Code of the Russian Federation).

Did the answer help you?YesNo

19.2. Through ordinary claim proceedings. A court order for this claim is not issued, since a court order is a court order issued by a single judge on the basis of an application for the collection of sums of money or for the recovery of movable property from the debtor in accordance with the claims.

Did the answer help you?YesNo

20. I bought an apartment. According to the purchase and sale agreement, the previous owners were required to sign out. How can I remove the former owners from the apartment? What documents should I provide to the court?

20.1. Hello! Draw up a statement of claim to the court in two copies. In the application, indicate the former owner of your apartment as the defendant. When drawing up a claim, refer to paragraph 2 of Article 292 of the Civil Code, the essence of which is that at the moment of transfer of ownership to another person, the right to use this apartment from the former owner and members of his family is terminated.

Did the answer help you?YesNo

20.2. Good afternoon Through the court, if you need legal assistance, contact a lawyer for all costs, the guilty party will pay. Unless, of course, they voluntarily discharge themselves, maybe it’s worth calling them, etc., so that there are no legal delays.

Did the answer help you?YesNo

How can I remove the former owners from the apartment I purchased from them? The former owners are pensioners.

I bought an apartment with a mortgage. The seller refuses to check out of the living space, citing the fact that he will check out when he finds a place to live.

How to discharge the former owner if he did not discharge himself and is now in prison.

A room was purchased under a sales contract executed by a notary.

How can I remove the former owner (ex-spouse) from the apartment? He doesn't want to check out himself. Lives at a different address.

Is it possible to discharge a person without his consent?

There are quite a lot of reasons for registering a person in an apartment; these can be simply family ties, or help in resolving the issue of registration. Since we found out that its owner can do whatever he wants with a privatized apartment, registering new residents is no exception. But how to discharge another tenant from a privatized apartment? Due to different relationships between people, the owner may decide to discharge another family member who does not want to do this himself. Can an apartment owner independently, without the consent of a registered tenant, remove him from the registration register?

Let us immediately answer this question that yes, it is possible for the owner to discharge a tenant registered in his apartment, even without his consent, however, provided that he does not belong to a certain category of citizens, namely:

• close relatives (spouse, parents, children, siblings, grandparents);
• minor child;
• persons who participated on equal terms in the process of privatization of the apartment.

Thus, any person, if he is not a close relative and did not participate in the privatization process, can be discharged as the owner of this apartment without being provided with any other living space in return. The same applies to a minor child. You cannot remove a child from real estate, even if he is not related to you. In this case, you will need parental permission, as well as written confirmation that the child will be registered in the near future.

We bought an apartment and the former owners do not check out - Online legal directory

/ Housing disputes / How to sign the former owner out of a purchased apartment if he doesn’t check out?

When buying an apartment on the secondary housing market, buyers expect free use of their new property. But often the purchased property turns out to be encumbered. One of the difficulties is the failure to remove the former owner from the apartment he has already sold.

Often this goes against the agreements between the seller and the buyer. There is a need to remove the former owner from the purchased apartment. What to do if you refuse to be discharged voluntarily? We will try to answer all questions from the legal perspective.

We recommend reading how to evict someone who is not the owner of an apartment without his consent. The procedure is slightly different, but the procedure is the same.

What to do if you bought an apartment, but the former owners refuse to check out

After purchasing an apartment with people registered in it, the first thing the owner needs to do is notify those registered about the need to deregister. You can read about how to do this in this article.

If the person agrees, the discharge procedure will not differ from the standard one. The former owner and his family members will contact the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation at their place of residence and the employees will discharge them from the housing to which they have lost the right.

However, it often happens that the previous owner refuses to sign in or deliberately delays this procedure. In such a situation, it will be possible to cancel a citizen’s registration only through a judicial procedure.

Possible grounds for eviction

Why does the apartment owner want to unilaterally discharge a registered tenant? There may be plenty of reasons for such actions, let's take a look at the most common ones:

• when the person registered in the apartment does not live at the place of registration for a long time and his whereabouts cannot be found out;
• when family relations with a family member who is registered in this apartment have deteriorated, and the owner does not want him to live here, and the tenant himself does not give his consent to leave;
• if a citizen does not live at the registered address for a long time and the owner of the apartment wants to sign him out so as not to pay utilities (if he does not pay for them himself);
• Forcibly deregistering a person is sometimes required when a real estate transaction is planned, for example, a sale, exchange or donation;
• when someone registered in an apartment is a convicted person. To discharge such a troubled tenant from the apartment, you need to go to court with a copy of the verdict if the convicted person does not give his consent to this action. However, after his release, he can challenge such a decision in court;
• divorce of spouses if the apartment was the property of one of the spouses. It is possible to discharge the second spouse from an apartment after a divorce in which the husband and wife lived while married, only if the real estate does not belong to jointly acquired property (Article 31 of the Housing Code of the Russian Federation);
• If, by court, the child’s parents are deprived of parental rights, then they or one parent will be forcibly evicted from the apartment, and the decision will be signed, even if they have nowhere to register. In this case, the plaintiff can be either the second parent or the guardianship authorities.

A relative can be discharged only on the condition that he has another place to live where he can register.
And if he is a shared owner of a privatized apartment, then he will not be discharged under any circumstances, even if he applies to the judicial authorities. As for minor children, the law is completely on their side; accordingly, it is impossible to remove a young child from the register without the consent of the parents (guardianship authorities) and the availability of another living space where they can be subsequently registered. And if a child has a property share in a privatized apartment, then he can be discharged only if he registers in the apartment, where he will receive a property share no less than the one previously allocated to him.

What to do if you bought an apartment with a registered person

Even though the law fully supports the buyer in the current situation, the old owners can be evicted without their personal consent only through the court and nothing else.

Before going to court, it is worth collecting all the necessary documents, namely:

1. Passport.
2. A purchase and sale agreement that was concluded with an unscrupulous seller.
3. Papers that can confirm your right to ownership of the purchased property. Such documents include a certificate of ownership or an extract from the unified state real estate register for an apartment. The first ones stopped issuing back in 2016, so only the extract is relevant for new transactions. It must be paper.
4. Extract from the house register. It contains the data of all persons registered in the apartment, including former owners.
5. A receipt that confirms that you have paid the state fee.
6. Statement of claim.

When all the documents have been collected, it is time to go to court.

The algorithm of actions is as follows:

• First, you will have to obtain a special receipt from the office to pay the state fee. Its amount is 300 rubles, and it is possible to pay it directly in court.
• After paying the fee, you take the documents and the application itself to the court reception. Your application will be reviewed within a maximum of five working days.
• Next, the judge will determine a date for a preliminary hearing if the claim is accepted.
• You will receive a letter within a month about the date and other conditions of the meeting.
• At the preliminary hearing, the judge will review the documents, listen to your requirements and set a date for the trial itself. You will also receive notification of this in a letter.
• At the meeting, you must prove that the registration of the previous owners interferes with the free use of the living space.
• When the judge makes a decision, you will need to pick up a copy of the decision from the court and take it to the Department of the Ministry of Internal Affairs. Based on the court decision, the former owners will be evicted from the apartment without their participation.

Read more: Compensation for rental housing for military personnel in 2018

It is fundamentally important to contact the local court at the address where your home is located. You do not have to file the claim yourself. A hired lawyer can do this for you if he has a power of attorney signed by you.

Procedure

The owner of an apartment can cancel the registration of one of his tenants, if agreement is not reached, only if he goes to court. So what do you need to do? Contact the judicial authority at the place of registration and write a statement of claim. In the document, be sure to write the basis for expelling the tenant from the apartment, as well as your requirements: to evict the person from your own apartment and remove him from the registration register.

Another question arises: is the person being discharged required to be present in court? The answer is clear - no, but its presence may influence the judge's decision.

In addition to the application itself, you will need to attach a certain list of documents:

• plaintiff's passport;
• title documents for real estate;
• a contract for the assumption of ownership rights, for example, a contract of sale, gift or inheritance.

It would be good if you additionally supported your grounds for deregistering the tenant with official papers. This could be a certificate of utility bills that the registered person does not pay, a criminal record certificate, a divorce certificate, that is, any documents that are relevant to the case. You can also attract witnesses from the outside, most often they are neighbors.

Where is it done and what documents are needed to register for an apartment?

The registration procedure is reflected in the content of Government Resolution No. 713. Carried out:

• at the MFC branch;
• passport office;
• to the FMS;
• through the Gosuslugi portal.

Having prepared the necessary documents, the citizen visits the appropriate institution. There he submits the application and waits for the result.

The duration of the procedure depends on the location of the person. Does he plan to move to another city or simply changes his address:

1. First you need to check out from your previous place, i.e. issue a departure sheet.
2. Collect all necessary documents:

• passport of the person registering;
• birth certificate (for children 0-14 years old);
• title document (to the owner who registers);
• departure slip;
• military ID (for those liable for military service);
• application requesting registration;
• house book (if a private house).

1. If necessary, make copies of papers. Get a receipt from the employee that he accepted them and wait for the decision.

Information about the new registration will be in the passport - the address, date of completion of the procedure and the stamp of the institution are indicated.

Through MFC

The list of documents remains the same, but you can sign up for the MFC remotely by queuing in advance via the Internet. At the same time, find out what needs to be provided and the work schedule of the nearest institution. The employee who accepted the application will tell you when you can come back to receive the documents.

Documents for child registration:

• statement;
• baby's birth certificate;
• parents' passports;
• marriage certificate (if available);
• documents confirming adoption (if available).

Non-residents can register with the MFC, i.e. operate from other cities. Applications are accepted, the main thing is the approval of the owners of the apartments where the citizen is registered.

“I bought an apartment, what documents are needed for registration?” – this is the question faced by every person who wants to register at a new address. To resolve this issue, he will need the following documents:

• passport of a citizen of the Russian Federation (for minor children - birth certificate);
• if you managed to leave your previous place of residence - a departure certificate;
• title document. This could be a certificate of ownership, an extract from the Unified State Register of Real Estate.

In the case of a privatized apartment, the following documents are required for permanent registration:

• military ID;
• registration application;
• a document that can confirm your rights to the living space (for example, a purchase and sale agreement or a registration certificate);
• consent to such a procedure from other apartment owners (if any);
• a sheet of departure from the place of previous registration;
• passport.

The typical processing time for an application is 3 days. After making a decision, your passport may be taken away for 1-2 days for a new stamp.

In the case of a municipal apartment, the general list of official papers may be slightly different. It looks like this:

• application (form No. 6);
• social rental agreement;
• consent to such a procedure from all registered residents;
• 2 passports: the tenant of social housing and the registered one;
• military ID;
• departure sheet.

For temporary registration, the list of documents is practically no different. The whole difference is that there is no deletion from the previous place of registration. Well, you don’t need a stamp in your passport here. If you are relocating within one subject of the Russian Federation, then there is no need to obtain a temporary registration.

For those liable for military service, the procedure is somewhat more complicated. After filling out the registration card, you need to register with the new military registration and enlistment office, having first settled all the issues with the old one. Sometimes passport offices require this procedure to be completed before the registration procedure begins. Such demands are illegal. You should already come to the military registration and enlistment office with a registration card (form No. 9) and an application (form No. 6).

To register a child you will need the following documents:

1. registration application;
2. parents' passport/passports;
3. marriage certificate (if it exists);
4. birth certificate;
5. documents that confirm the registration of the parent(s) at the specified address.

For newborns (children less than 1 month old) there is a simplified registration procedure. The consent of either parent is sufficient here. The only documents required are the parent's passport, as well as a document confirming the birth of the child.

Required documents

After the court decision is received and enters into legal force, you, with the necessary package of documents, contact the responsible authority for the registration/discharge of people. This is the passport office. In order not to sit in line all day, you can get a coupon from the intermediary organization of the MFC and finish the issue with forced discharge. However, it is immediately worth noting that since the MFC employee transfers the documents to the passport office for certification, the procedure here may take 2-3 days.

So, what documents will you need:

• docket;
• passport of the apartment owner;
• certificate of persons registered in the apartment;
• house or apartment book.

You will also need to hand-write a statement in the prescribed manner with a request for the discharge of the relevant person living in your apartment on the basis of a court decision. After a few days, the tenant will be deregistered. If he lives in the apartment and even after being discharged does not intend to leave it, then you are obliged to appear at the bailiff service along with the court order.