Statement of claim for eviction of the tenant and family members living with him in connection with the recognition of the residential premises as unsuitable for habitation with the provision of other comfortable residential premises

Arbitrage practice

When considering claims for eviction and deregistration, the court considers each specific case individually; there are no completely similar situations. Even if one claim at first glance seems similar to another, similar, then in any case some nuances will appear and the court’s decision may be exactly the opposite.

1. In cases where the plaintiff asks the court to evict a minor, the judge will not even consider the case without the presence of a representative of the guardianship and trusteeship authority. If the PLO does not grant permission for eviction, then the court will under no circumstances and the most obvious grounds for eviction make a decision in favor of the plaintiff.
2. When filing a claim, the applicant should take into account the valid reasons why the defendant may ask for a delay in the execution of the court's verdict, since if the court considers that the circumstances are significant, the delay will be granted and the plaintiff will have to postpone the eviction.

The following reasons may be grounds for a delay in eviction:

• serious illness of the defendant (the court will grant a deferment of eviction until complete recovery);
• the presence of minor children or disabled people in the family (the court will grant a deferment for the defendant to find alternative housing);
• documented delays in the payment of wages or pensions (a deferment will be provided to the defendant until he improves his financial situation).

If you have initiated the eviction and are starting to file a claim in court, you need to carefully consider all the steps and their sequence. At this stage, it is advisable to consult with an experienced lawyer for several reasons:

an ordinary citizen who is not experienced in jurisprudence is unlikely to be able to understand all the articles, paragraphs and subparagraphs of the Civil Code, the Housing Code and the IC of the Russian Federation, and take into account all the nuances of a particular case; It is difficult for a non-lawyer to clearly formulate in a lawsuit the grounds on which the plaintiff wants to evict the tenant, as well as the claims to the court; It is quite difficult to prepare and collect all the necessary documents attached to the claim; you can easily miss something, forget about some certificate, or not pay attention to its validity period.

If you contact a lawyer, he will advise you, tell you the procedure, help with drawing up the necessary documentation, and if necessary, he can act as your legal representative in court.

Statement of claim for eviction of ex-spouse

If the former spouses lived on the same territory, which was not their joint property, the actual owner of the property may evict the other spouse, unless agreements to the contrary were signed between them. In this case, eviction occurs only in court.

Important! If the ex-spouse does not have any other housing (or money to buy living space), the court may grant a deferment for eviction.

How to file an eviction claim?

To achieve the desired result, it is necessary to pay special attention to the correctness of the submitted documents. Thus, an eviction claim must contain several mandatory points:

• Name of the court to which the application is being filed;
• Personal data of the parties;
• The plaintiff's claims and grounds for initiating proceedings;
• List of applications;
• Date of filing the claim and personal signature of its author.

As for the standard package of documents, it includes:

• Documents indicating the existence of a family relationship between the residents and the owner of the apartment;
• Document confirming payment of the fee;
• Title papers;
• Evidence of reasons for eviction;
• Evidence of an attempt to peacefully resolve the conflict.

Statement of claim for eviction from official housing

Before filing a claim for eviction from this type of housing, you need to make sure that you are not going to evict the following categories of citizens:

• old age pensioners;
• disabled people of groups I, II, if the disease was acquired while performing official duties;
• family members of the deceased employee;
• minor orphans.

You can read more about how to evict a person from housing provided in connection with the performance of official duties here.

Termination of the right to use residential premises

The right to use residential premises arises for various reasons, including:

• Provision by the owner of residential premises on the basis of clause 2 of Art. 30 of the Housing Code of the Russian Federation the right for members of his family to live in the apartment. The owner of an apartment can move all members of his family into it only on the basis that they are relatives.
• Testamentary refusal. Based on paragraph 1 of Art. 33 of the Housing Code of the Russian Federation, any testator may in his will make it a condition for receiving the inheritance of residential premises that a person who is not an heir will live in it for life. For example, a father leaves an apartment to his son with the condition that his sister will remain living in the apartment for life.
• Contract of purchase and sale of residential premises. The new owner of the apartment receives the right to use it immediately after signing the contract and transferring funds to the seller.
• Lifetime maintenance agreement. According to Art. 34 of the Housing Code of the Russian Federation, the owner of a residential premises can conclude a lifelong maintenance agreement with dependents with any citizen of the Russian Federation. On the basis of such an agreement, the owner of the apartment transfers ownership of his residential premises, but the citizen who received the housing is obliged to support the former owner who transferred the apartment to him for life.
• Lease contract. The owner enters into a lease agreement with the tenant, on the basis of which the tenant receives the right to use the residential premises for living.

For example, citizen Soboleva entered into an agreement of lifelong maintenance with dependents with citizen Nikiforov, on the basis of which she transferred ownership of her three-room apartment to Nikiforov, in return, according to the concluded agreement, he fully supported Soboleva, annually paid for her trips to a sanatorium, took her to theaters and Exhibitions.

The grounds for the right to use an apartment or house are living in residential premises as:

• owner (realization of property rights);
• the tenant (under the terms of the lease);
• family member (with the consent of the owner or tenant).

Thus, termination of the right of use may occur after the termination of the conditions for its receipt, for example, after a family member of the owner or tenant ceases to be such. We will consider the grounds for termination of the right of use below.

A citizen who has lost this right is obliged to leave the residential property, since he can no longer stay there and use it as housing. At the same time, the period by which he must move out is stipulated by the owner and cannot be disputed.

If a citizen refuses to vacate the residential premises, then the interested person (the owner or tenant of the apartment) has the right to file a claim for eviction.

Statement of claim for eviction from a privatized apartment

One of the most important functions of the state is to protect the right of citizens to housing. If the property is owned by a citizen, then it is quite problematic to evict him. Most often, this need arises in the following cases:

• loss of family ties (divorce of spouses, challenging paternity, deprivation of parental rights, etc.);
• recognition of the property as unsafe and not meeting residential standards;
• transfer of land or the building itself in favor of the state or church;
• the owner has debts to third parties;
• change of owner of residential premises.

When drawing up a claim, it is also important whether the person is registered or not, as well as whether he is the owner. Each of these cases has its own nuances.

Registered person

If it is necessary to expel a person from a home who is registered there but is not the owner, then only the owner of the home can file a lawsuit. Such a need may arise, for example, if a lease agreement has been concluded and the tenants have been temporarily registered.

You can read more about how to evict temporarily registered people in this article.

In addition to the eviction requirements, it will be necessary to prove that the person does not have the right to register and has lost the right to use the apartment.

Unregistered person

If the person living in the house is neither the owner nor the registered occupant, then such cases most often do not reach the court. Indeed, in this case, in 100% of cases the decision is made in favor of the plaintiff.

You can learn how to properly evict a person who is not registered in an apartment and who is not its owner in this article on our website.

Homeowner

Despite the opinion of most people, the owner of a residential property can be evicted from his home, and in some cases this is possible, even if he has nowhere else to live. Read more about the process of such eviction here.

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To the magistrate of judicial district No. 250 of Moscow Plaintiff: Ivanov Ivan Ivanovich, living at the address: Moscow, st. Shosseynaya, house no. 8, apt. No. 150. Defendant: Petrova Valentina Ivanovna, living at the address: Moscow, 8th Tekstilshchikov Street, building No. 5 A, apt. No. 60. Amount of claim: 49,350 rubles. State duty: 1580 rub. 50 kopecks

STATEMENT OF CLAIM

about eviction

On 10/20/2002 I married the Defendant, and until 07/15/2005 we lived in an apartment that belonged to me, located at the address: Moscow, 8th Tekstilshchikov Street, building No. 5 A, apt. N 60, acquired by me before marriage.

By the decision of the magistrate of court district No. 250 of Moscow dated July 15, 2005, our marriage was dissolved. The decision came into force on July 25, 2005.

On October 18, 2002, the Defendant and I entered into a marriage contract, according to clause 2.2 of which the Defendant had the right to live in the apartment belonging to me during the marriage, as well as for three months after its dissolution.

Four months have passed since the divorce, but the Defendant still has not moved out of the home that belongs to me and has no intention of doing so. This inaction of the Defendant violates my rights as the owner of the apartment to use it at my own discretion.

Based on the above and on the basis of Art. 304 of the Civil Code of the Russian Federation and clause 4 and clause 5 of Art. 31 Residential Complex of the Russian Federation

ASK

Evict Ivanov I.I. from an apartment that belongs to me, located at the address: Moscow, 8th Tekstilshchikov Street, building No. 5 A, apt. N 60.

Application:

1. Copy of the decision of the magistrate of court district No. 250 of Moscow dated July 15, 2005.

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2. A copy of the marriage contract dated 10/18/2002.

3. Receipt for payment of state duty.

"___" ________ 200__

Signature__________________________

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How to file a claim for eviction from a residential premises?

The execution of this document is based on the norms of procedural legislation. The articles and the Code of Civil Procedure of the Russian Federation set out the main provisions that should guide the author of the document. The requirements apply only to the actual content of the application, and not to its form.

You can file a claim for forced eviction from an apartment yourself if a citizen has a desire to understand the legal intricacies of housing law and independently represent their interests in court. Or entrust this issue to lawyers for a fee.

Most often, applicants use computer technology to draw up a document.

This allows you to quickly correct the text if necessary, as well as copy the finished claim.

Applications written by hand may contain unreadable phrases, which will serve as grounds for returning the document.

The text of the claim must contain the following information:

1. Name and address of the court where he is being sent.
2. FULL NAME. and the applicant's place of residence.
3. FULL NAME. the defendant and third parties (if any), as well as their addresses. In this case, the third parties will be other residents of the apartment.
4. Description of the current situation. The following points should be reflected:

• who the applicant is - the owner of the property, has the right to reside in the apartment or otherwise;
• on what right does the defendant use the premises;
• on what basis can a citizen be evicted (for example, for debts on utility bills or violation of the rules for using the premises);
• are there other residents in the apartment;
• whether the defendant was previously notified that he has no right to be in the residential premises.

In this section, you should dwell in as much detail as possible on the nuances that reveal the relationship regarding the apartment.

If a citizen has repeatedly violated the established procedure established for the use of such premises, then there must be protocols on bringing him to administrative responsibility. They should be referenced.

If we are talking about the eviction of an ex-wife, then it is necessary to refer to documents confirming the marriage (certificate) and its dissolution (for example, a court decision).

Reference to the norm of the Housing Code of the Russian Federation, which establishes the corresponding basis. The eviction of a former relative and troublemaker is carried out in accordance with the provisions of Article 35 of the Housing Code of the Russian Federation. The plaintiff's demand with reference to Articles 131, 132 of the Code of Civil Procedure of the Russian Federation and the norms of the Housing Code of the Russian Federation. Most often it consists of two interrelated requests:

• deprive a citizen of the right to use an apartment;
• evict him on this basis.

The claim can only contain a demand for eviction if the defendant does not have the right to use the apartment. For example, if he was previously granted such a right for a certain period, which has already expired.

List of attachments to the application. Number, signature, surname and initials of the applicant.

How to prepare a statement of claim to the court for ejection from an apartment? These video tutorials will help you:

Find out from our articles about in what cases they can be evicted without providing another living space, as well as what to do if this is the only apartment.

How to file a claim correctly

When preparing a claim in court, you must familiarize yourself with the provisions of Art.
131, 132 of the Civil Procedure Code of the Russian Federation (Civil Procedure Code of the Russian Federation). These legal norms regulate the procedure for drawing up a claim, as well as the rules for providing documents attached to it. The header of the statement states:

• full name and address of the district court;
• FULL NAME. the plaintiff, information about his place of residence (stay), telephone numbers, email address;
• if the petition is submitted by a representative - information, including a power of attorney, authorizing him to bring a claim;
• contact details of the defendant - his full name, home address, telephone number, one of the identifiers, for example, TIN or SNILS;
• the amount of state duty paid.

Next, the title of the document is written, and then the circumstances of the case are presented sequentially.

Introductory part

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The application must indicate that the plaintiff owns the residential premises by right of ownership and describe its features: location address, cadastral number, information from the Unified State Register of Real Estate.

Next, indicate on what right the defendant lives in someone else’s apartment: on the basis of commercial or social tenancy, or due to actual provision.

Descriptive part

After stating the reasons for the defendant’s use of the residential premises, the reasons for the eviction are indicated and (optionally) the legal norms are given, according to which the temporary tenant must be evicted from the apartment. At this stage of drawing up a claim, the applicant needs to decide which of his rights were violated and what legislation should be applied when considering the dispute.

The following grounds can be identified for the forced eviction of citizens from residential premises.

1. Expulsion of tenants. Within the meaning of Art. 678 of the Civil Code of the Russian Federation, if the tenant does not comply with the terms of the contract, does not pay rent for the residential premises or puts it in poor condition, but does not want to voluntarily leave the housing, the owner of the apartment can terminate the rental contract in court. In addition, the rental agreement can be terminated before the expiration of the term when:
   the premises in which the tenant lives are no longer suitable for use for these purposes;
2. there are other circumstances provided for by law: the condition of the apartment deteriorates, harm is caused to neighbors, the housing is used for other purposes, for example, as a workshop or a nursery for animals.

1. Eviction under a social tenancy agreement. This is regulated by Art. 84-91 Housing Code of the Russian Federation. Such claims are brought by state authorities and local governments within the framework of their powers.
2. Eviction of former relatives or registered citizens. If a person who was previously a member of the family (husband, wife, etc.) uses the apartment and does not want to voluntarily leave it, he can also be evicted in court. In this case, the provisions of Art. 30, 31, 35 of the Housing Code of the Russian Federation, as well as the Rules approved by Decree of the Government of the Russian Federation dated July 17, 1995 No. 713. A former family member can be evicted from an apartment only when he does not have any rights to it and is registered at the residential address premises.

The operative part

After describing all the circumstances of the case, the claims against the defendant are indicated. They vary depending on the circumstances of the case.

When evicting negligent tenants renting housing, the petition looks like this:

• recognize the rental agreement (date) concluded with the defendant (address of the location of the housing) as terminated;
• evict from the apartment full name defendant.

In case of termination of legal relations under social hiring, the plaintiff needs to ask the court:

• terminate the social tenancy agreement;
• evict the defendant and his family members from the apartment located at (specify address).

If the plaintiff wants to expel a former family member from the house or deregister him, the requirements are stated as follows:

• recognize the defendant as having lost the right to use residential premises (address);
• evict full name from an apartment located at a specific address.

Within the meaning of Part 4 of Art. 31 of the Housing Code of the Russian Federation, former family members cannot be evicted from an apartment if:

• on the basis of a written agreement concluded with the owner of the property, the ex-relative may use the residential premises;
• their right to housing was preserved by court decision;
• in the case of privatization of residential premises, the former family member had equal rights to own the apartment, along with the person who privatized it.

Can the police or local police officer evict illegally living tenants?

Before evicting illegally residing citizens from a residential premises, you need to understand who to turn to for help? The owner of the apartment has the right to involve the district police officer, police officers, housing inspectors, guardianship authorities, prosecutor and bailiffs. But this must be done gradually, and in no case should you engage in arbitrariness.

Arbitrariness is the commission of active actions in relation to other entities or their property that are contrary to the current legislation (Article 330 of the Criminal Code of the Russian Federation). Examples are threats to “take a person down the stairs”, assault, putting things outside the door, deliberate damage to the property of evicted citizens, etc.

You cannot act arbitrarily under any circumstances - this puts the owner himself at risk, so instead of evicting the guests, he may face imprisonment for up to 5 years.

Therefore, if you are faced with the problem of evicting unwanted tenants, contact law enforcement agencies or the court. It is this method that makes it possible to do everything according to the law and not incur any troubles. The basis is the provisions of Art. 301 of the Civil Code of the Russian Federation on the right of the owner to reclaim his property if the latter is illegally in the hands of others.

Submission and consideration procedure

The document is sent by registered mail with a list of attachments.
After the shipment reaches the court, it will be automatically registered in the office of the institution.

Then it is distributed to the judge, and a date is set for the preliminary hearing.

The deadline for filing a claim is not established by law. A citizen has the right to submit it at any time.

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The court leaves the application without action or returns it to the sender in several cases expressly provided for by law:

1. If a decision has already been made on this issue. For example, deprivation of the right to use real estate was denied.
2. The rules for filing an application established in Articles 131 and 132 of the Code of Civil Procedure of the Russian Federation were not followed.
3. The applicant is declared legally incompetent.
4. The case cannot be considered by this court due to lack of jurisdiction.

More details about such cases can be found in Articles 134-136 of the Code of Civil Procedure of the Russian Federation. If there are errors in the claim, the applicant will be notified in writing by court employees.

Despite the apparent complexity, drawing up such a document will not be difficult. It is enough for a person to understand the grounds provided for by the RF Housing Code for eviction and study several examples of such claims.

Sample claim document

The form for a claim for eviction from an apartment must consist of specific points. They should not be overlooked; you must be extremely careful. How to file a claim correctly? First of all, the language of presentation must be legal. It is unacceptable to express emotions; each accusation should be supported by concrete evidence so that it cannot be disputed in the future. When drawing up a document, you need to rely on real facts, and not on some conjectures and fantasies. It is very useful to refer to Articles 131 and 132 of the Code of Civil Procedure of the Russian Federation.

Introductory part

All data should be stated here: full name of the plaintiff and defendant, name and exact address of the court. You should carefully check all the points, since the slightest mistake can lead to the rejection of the application.

Descriptive part

Usually it outlines the problem itself and evidence of its relevance to the present day. The court will need to prove that no measures of influence affect the resolution of the conflict. The statement of claim for eviction from a residential premises should be as clear and understandable as possible upon first reading, without hidden meanings or meanings.

Petition part

Here the plaintiff requests the court to resolve the conflict that has arisen. In this case, it is necessary to cite current legislation as evidence. They are the ones who guarantee that you act in accordance with the law. You can provide relevant documents confirming the fairness of the accusation and the authenticity of your words.

Thus, a claim for eviction from a residential premises can be considered by the court only if all conditions are met. It is necessary to draw up the application correctly, consider all the circumstances, and try to eliminate significant obstacles. Otherwise, it will be difficult to prove the truth of your accusations. If a registered person (not the owner) is being evicted from an apartment, then you need to be guided by the legislation of the Russian Federation.

Filing a lawsuit and hearing a case

After drawing up a statement of claim in the appropriate number of copies (according to the number of parties involved in the case) and attaching to it all copies of documents and a receipt for payment of the state fee (original), it must be sent to the judicial body whose jurisdiction allows the consideration of such disputes.

A claim can be filed in several ways:

Jurisdiction

This statement of claim is subject to consideration in a court of general jurisdiction (district) at the place of registration of the real estate. Other district courts cannot accept eviction claims (if the area of ​​registration of housing and the judicial authority are different).

State duty

For consideration of a claim, the law provides for an appropriate fee (state duty). Thus, according to paragraph 3 of Article 333.19 of the Tax Code, claims for the eviction of an unwanted tenant relate to property claims, but do not have a material valuation, and accordingly the state fee for consideration of such a claim will be 300 rubles (for individuals).

Documentation

As mentioned above, the number of statements of claim and the package of documents attached to them must be as large as the number of participants in the proceedings.

The package of attached documents includes:

• documents confirming ownership of real estate (copies);
• confirmation of the conclusion or dissolution of a marriage relationship (copies of certificates);
• if the tenant is the tenant, a copy of the tenancy agreement;
• a copy of the tenant's eviction notice/notice;
• confirmation of payment of the state fee (receipt, check).

The number of documents may be increased. Each proceeding is individual.

Statute of limitations

The limitation period is the period of time during which a person who has learned of a violation of his legal rights can file a lawsuit with a judicial authority to restore them. According to the Civil Code, this period is calculated as three years after the discovery of the violation.

In relation to a claim for eviction, this period is considered to be the moment the right of residence in the occupied living space ends (end of the tenancy agreement, termination of family relationships, etc.). This period does not apply to illegally residing persons.

Procedure for attracting third parties

To provide more complete information when considering a case, you can involve third parties from both the plaintiff and the defendant, as well as prosecutors, disinterested experts (housing inspection, if serious damage was caused to the residential premises), etc.

The plaintiff and defendant have the right to involve witnesses, lawyers and other representatives. To attract third parties, the parties must submit a petition both in the statement of claim before filing the court, and already at the court hearing itself.

Rules and procedure for filing a claim for eviction from a residential premises

So, the statement of claim has been drawn up, all the necessary documents have been collected. What's next?

The package of documents must be submitted to the office of the district (city) court at the location of the disputed residential premises. A claim may be filed:

• the applicant;
• by registered mail (with a mandatory list of attachments);
• legal representative of the plaintiff under a notarized power of attorney.

The court will study the statement of claim and attached documents, and within 5 days after filing the claim, make a decision (one of the options):

• accept the claim for consideration;
• leave the claim without consideration (with mandatory motivation for refusal);
• return the statement of claim to the plaintiff (this usually happens in cases where the plaintiff did not submit all the required documents, or did not provide any information correctly), after correcting all errors, the statement of claim can be re-filed.

If you want to evict someone from your living space, you face a lengthy process:

• filing a claim;
• collecting the necessary evidence;
• preparation of documents;
• participation in litigation and defending one’s interests,

and at each of these stages there are so many different nuances that only a trained specialist can understand. A mistake at any stage is fraught, at best, with delaying the eviction process, or, at worst, with a refusal to accept the claim. To avoid mistakes, you can consult with specialists on our website by contacting them by phone (numbers listed below) or online.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then

:

• describe your situation to a lawyer in an online chat;
• write a question in the form below;
• call Moscow and Moscow region
• call St. Petersburg and region

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Author of the article

Natalya Fomicheva

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

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Consideration of cases on such claims falls under the jurisdiction of district (city) courts

It is important for the plaintiff to know the rights of the person participating in the case and to take advantage of them. Call witnesses, file a motion to request evidence, attach additional written documents or explanations

You can change the specific eviction date or end the matter with a settlement agreement.

Mandatory annexes to such statements of claim are:

• documents confirming the plaintiff’s right to the tenant’s premises,
• sublease agreements or documents confirming actual temporary occupancy. Involve family members living with the plaintiff as third parties.
• expiration of the period for providing temporary housing

Be sure to include a receipt for payment of the state duty. Its size is 300 rubles. for the plaintiff-individual.

After considering the case, the court makes a decision to evict the temporary tenant. But for compulsory execution it will take time - for an appeal and the issuance of a writ of execution (application for the issuance of a writ of execution).

Statement of claim for eviction of the former owner

Transfer of ownership of real estate to another person is considered grounds for termination of use of such housing. In this case, you need to go to court to remove the former owner from the registration register.

statement of claim for eviction of the former owner

Attention! The claim will look like a demand for cancellation of the right of use and eviction. There is no need to submit a request for de-registration. A court decision is the basis for deregistration at the place of residence.

Who is an illegal resident

The legislator defines the following categories of citizens who are recognized as illegal residents:

1. Persons who have moved into an apartment without permission. For example, a family moved into an abandoned house, cleaned it up, and later it was determined that it was someone else's property.
2. Persons whose lease agreement or other agreement under which housing was provided has expired (employment agreement in the case of a service apartment).
3. Persons who have lost the right to use an apartment on the basis of family kinship (former spouses).
4. Persons who systematically violate the terms of the rental agreement (non-payment of utilities, damage to property, etc.).

Before going to court to evict illegal tenants, you can try to convince them to move out of the apartment voluntarily.

It is worth understanding that the only way to force residents to leave the apartment forcibly is to obtain a court decision on this. Contacting the police will only help you record the fact of a violation.

Grounds for eviction of illegally residing citizens

Eviction from an occupied living space based on a court decision is a forced procedure. Appealing to a judicial authority almost always means that the tenant does not intend to vacate the premises, and the owner does not know how to get rid of it.

There are several reasons for going to court:

• the person actually lives at a different address, but has permanent registration in the plaintiff’s apartment;
• the resident does not pay utilities;
• termination of family ties with a resident - divorce, deprivation of parental rights, etc.;
• intention to privatize the apartment;
• intentional damage to property;
• regular conflicts with neighbors;
• ignoring claims from the owner;
• systematic referrals to the police.

In accordance with Art. 35 of the Housing Code of the Russian Federation, homeowners can declare the existence of grounds for eviction. It is important to understand that going to court is a last resort. The owner is obliged to try to resolve the problem out of court. This occurs by sending a notice to the unwanted tenant. If he ignores a valid complaint, this will be grounds for going to court.

In addition to homeowners, other citizens who are inconvenienced by a negligent tenant can go to court. These could be residential tenants or neighbors.

The lawsuit may be individual or class action. For example, if a person uses an apartment for other purposes (he made it an entertainment club or, for example, a warehouse), then it is unlikely that the other residents of the apartment building will like it. The main thing is to prepare the grounds for eviction and collect evidence.

Comments

* From October 1, 2019, the plaintiff must independently send the statement of claim and its attachments to the participants in the process

Until October 1, 2020, the plaintiff sent to the court copies of the statement of claim and appendices according to the number of defendants and third parties, and the court sent the received documents to all participants in the process named in the claim.

From October 1, 2020, the plaintiff must independently send to other participants in the process a copy of the claim and other documents attached to the claim, and provide confirmation of their sending to the court (clause 6 of Article 132 of the Code of Civil Procedure of the Russian Federation).

In paragraph 1 of the appendix to the above statement of claim, reference should be made to “a notice of delivery or other documents confirming the sending to the defendant of copies of the statement of claim and the documents attached to it, which he does not have.”

How to evict from a residential premises?

• Who is the owner's family member, making that family member a former owner's family member?
• Grounds and conditions for eviction of a citizen?
• How to evict a former spouse, child, grandchild, and other relatives living in the owner’s apartment?
• In what cases and under what circumstances will the court refuse to evict a former family member of the owner and retain his right to use the residential premises for a certain period?

For these and other questions, see the answers in the publications:

“Eviction of former family members of the owner from the apartment”

“Eviction of former family members from residential premises by the owner. Arbitrage practice".

State duty when going to court. In accordance with the provisions of Article 333.19. According to the Tax Code of the Russian Federation, when a citizen applies to court with a claim for eviction, a state fee of 300 rubles is payable. If the plaintiff is an organization (legal entity), the state duty will be 6,000 rubles;

A claim for eviction from a residential premises is filed with the district court;

USEFUL INFORMATION: How to correctly formalize the allocation of shares in maternity capital

Request for termination of the right of use. It would also be useful to state a demand for termination of the right of use, for example:

“recognize full name as having lost the right to use residential premises ____, terminate the right to use ____ full name residential premises ____”

If the court establishes the fact of termination of family relations, but refuses to evict, retaining the right to use the housing for the defendant for a certain period, it will satisfy the requirement to terminate the permanent right of use.

Calling witnesses. It is not necessary to file a motion to call the plaintiff’s witnesses; you need to ensure the appearance of the witnesses yourself. The court is not obliged to ensure the attendance of witnesses. In the event that witnesses do not appear in court when subpoenaed, there will be no negative consequences for the witnesses themselves.

Confirmation of the plaintiff’s right to residential premises with an extract from the Unified State Register of Real Estate. Since 01/01/2017, state cadastral registration, state registration of the emergence or transfer of rights to real estate are certified by an extract from the Unified State Register of Real Estate (Part 1, Article 28 of the Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate”).

Sample claims:

Other examples of eviction claims: statements of claim for eviction from a residential premises by the owner of the property

All samples of claims on the topic: statements of claim for eviction, recognition of the right to use, recognition as having lost or not acquired the right to use residential premises, determining the procedure for use

All documents to the court (procedural documents):

Statements of claim to the court; Applications to the court (public legal relations, special proceedings..); Petitions to the court, statements; Objections (response) to the statement of claim, complaint, arguments to the court; Complaints to the court (appeal, cassation, supervisory, private) ;Complaints against a decision in a case of an administrative offense; Complaints to the prosecutor's office and other authorities; Complaints, statements, petitions in criminal proceedings; Other procedural documents; Pre-trial claims (samples), demands, responses to claims.

How to properly file a claim for eviction

The statement of claim for eviction is drawn up according to certain rules, must be written in legally and grammatically correct language, and must not contain offensive definitions or vague descriptions. The document must contain the following points:

1. The so-called “hat”. Located in the upper right corner. Indicate: the name and address of the court to which the claim is filed and personal information about all participants in the process. Below in the center is the name of the document: “Statement of Claim for Eviction...”.
2. Descriptive (motivational) part . In this part, the plaintiff describes the preamble of the claim, describes the facts and circumstances of the case that serve as the basis for the plaintiff’s position: information about the disputed residential premises;
3. who is the owner of the apartment and on what basis;
4. information about all residents;
5. whose and what rights the defendant violated;
6. what is the violation?
7. grounds (1) for eviction;
8. information about attempts at pre-trial (2) settlement of the dispute.

The document must be printed in several copies (according to the number of participants in the process). If the plaintiff files one copy of the claim, registration of the application will be refused.

1. When describing the grounds for eviction, the plaintiff must confirm that the residential premises are in his ownership, and on what grounds, and also list everyone living in this apartment, including himself. Next, he indicates the person he is asking to evict and the grounds (with references to points of legislation) on which he makes the demand.
2. A necessary item in the statement of claim. If the plaintiff did not try to implement the pre-trial procedure for resolving the dispute, then the court may refuse to consider the claim. To confirm the pre-trial procedure for resolving the situation, the plaintiff may refer to a written demand/notification/warning to the violator on the part of the plaintiff, as well as testimony of witnesses.
3. In this paragraph, the plaintiff must indicate the address of the residential premises from which he wants to evict the defendant and a petition to forcibly evict the violator. In the same paragraph, the plaintiff can petition to summon witnesses in the case, as well as request any document or certificate (in the event that he himself cannot obtain them, for example, the bank will give an extract from the defendant’s bank account only at the request of the court) .

Let's summarize. A statement of claim to the court is an official application by an individual or legal entity with a petition to resolve a housing dispute within the framework of Russian legislation. In any case, only the owner of the residential premises (an individual or organization) can act as a plaintiff, except for claims against the owners of residential premises. In this case, the plaintiff may be the municipality on whose territory the disputed apartment is located.

Required documents

Some documents should be attached to the claim:

1. Receipt for payment of state duty. Its size today is 300 rubles. This size is fixed in Article 333.19 of the Tax Code of the Russian Federation.
2. Copies of the application by the number of defendants and third parties. These documents will be sent to them for review and preparation for the court hearing.
3. A copy of the document on the basis of which the applicant exercises his rights in relation to the apartment. For example, a certificate of ownership.
4. Evidence that the citizen does not have the right to be in the apartment. The applicant refers to them in the text of the application.
5. Power of attorney, if the document was signed by the applicant’s representative.

No approvals or permissions are required to draw up and submit a claim. This is an absolutely independent statement by an interested person who believes that his rights have been violated.

About the set of necessary documents in this video:

Dispute settlement through legal proceedings

Sample form for filing a claim for eviction of illegally residing persons

In the process of drawing up an application, it is important to characterize the legal grounds on which the expulsion is envisaged. They are conventionally divided into the following groups:

To which authorities should a claim be filed?

The statement of claim for expulsion is submitted to the district court. In the category of cases under consideration, territorial jurisdiction is determined by the location of the residential apartment.

What categories of persons have the right to initiate an appeal to the court?

A claim can be filed by:

— A person whose interests were violated by illegal residence;

— The guardianship body, if the person has been deprived of parental rights, lives in the apartment together with the child, provided that such cohabitation is unacceptable by law;

— Municipal formation, if the apartment is provided in accordance with a social rental agreement;

- A landlord who leases premises in accordance with a lease agreement.

In addition, an application may be submitted by:

• prosecutor;
• housing inspection;
• family members of the tenant or owner of the living space;
• apartment owner.

List of required documents

Depending on the circumstances of the case under consideration, the court must be provided with:

1. Documents confirming the fact of payment of state duty.
2. Certificate of inspection of living space.
3. A conclusion that is denied the opening of a criminal trial.
4. Protocols, conclusions of law enforcement agencies that confirm the fact of unauthorized residence of a person.
5. Documents certifying divorce.
6. A lease agreement that has expired.
7. Documents confirming ownership of the apartment.
8. Other documents certifying the legal position of the plaintiff.

The owner of the living space undertakes to provide title documentation certifying his property rights, in particular:

• privatization agreement;
• a document confirming a person's inheritance;
• agreement of donation or purchase and sale;
• a warrant for moving into an apartment, in a situation where the living space is municipal.

Video: how to evict illegal residents:

Solving the problem through court

Sample statement of claim for eviction of illegal residents

The claim form must state the essence of the dispute, reflecting the factual grounds and claims that are presented to the defendant.

When preparing the document, it is necessary to describe the legal grounds on which the eviction is proposed. They are divided into two categories:

For information on how to evict a tenant from an apartment, read the article: Eviction of Tenants. Find a statement of claim for eviction from your ex-spouse's apartment here.

Read the legal rules for eviction from a municipal apartment here.

Where should it be submitted?

The eviction claim is filed in the district court. Territorial jurisdiction in this category of disputes is determined by the location of the residential premises.

Who has the right to apply

You can apply:

A claim can also be filed by:

• home owner;
• family members of the owner or tenant of the residential premises;
• housing inspection;
• prosecutor.

Application to the police about the eviction of illegal residents (sample)

After contacting the local police officer, you will need to write a statement to the police. As a rule, there are ready-made forms for such cases. The detective will tell you what to indicate in the appeal point by point.

Contents of the statement to the police:

• Full name and title of the district police officer;
• Full name, address and contact details of the applicant;
• The main essence of the appeal is to pay a visit to the apartment, establish the fact of the tenant’s illegal residence, and bring him to administrative responsibility under Art. 20.1 Code of Administrative Offences, etc.;
• date of;
• personal signature + transcript of signature.

applications to the district police officer for the eviction of illegally residing persons

You should not hope that the local police officer will visit your apartment and evict illegally residing citizens. The police have no authority to do this without a court order. But the response to the statement will serve as evidence of contacting the police - this is a mandatory action at the pre-trial stage. A copy is attached to the documents addressed to the judicial authority.

Statement of claim for eviction from a municipal apartment

Since the owner of such housing is a municipal entity, the eviction claim is filed by a legal entity. In this case, the claim indicates not only the full name of the legal entity, but also the details (passport, contact) of its representative, as well as an indication of the document giving the right to represent interests (power of attorney, order).

The state fee when a local government body goes to court is 6,000 rubles. Subsequently, this mandatory tax payment may be considered legal costs and the defendant will be required to reimburse it.

The content of the statement of claim also depends on whether the person is registered in municipal housing or not. Let's consider both options.

Registered person

If the person in the apartment is registered, then the claim also includes a requirement to deregister. The court itself cannot discharge a person from his/her home; this function is assigned to the Migration Department of the Ministry of Internal Affairs of the Russian Federation (formerly the Federal Migration Service of Russia). However, without a court decision, passport office employees can deregister only upon personal application.

You can find a sample claim for eviction of a registered person from a municipal apartment here.

You can find out how to evict tenants from a municipal apartment by following this link.

Unregistered person

If a person is not registered in the residential premises, then it is only necessary to prove the fact of illegal residence. A claim for forced eviction is filed in court, after consideration the writ of execution is transferred to the bailiff service and they ensure that the person leaves the illegally occupied apartment.

You can read about how to evict illegal residents in this article.

When is a claim filed to evict a temporary tenant?

Temporary residents are citizens moved into residential premises for a short time. No more than 6 months. They have the right to live in the apartment for free. And they have no rights to residential premises.

They appear in an apartment for a reason. Firstly, we are talking about social hiring. Secondly, the consent of the landlord (written) is required to move temporary residents into municipal housing. As well as all family members living with the main employer. After the expiration of the period of residence established in the sublease agreement, temporary residents are required to leave the apartment.

In cases where, according to the concluded agreement on the rental of residential properties, the period of residence is not specified, temporary residents must evict within seven days from the receipt of the request for eviction.

The conditions for using housing, the terms and procedure for payment of housing, utility bills and other conditions must be reflected in the sublease agreement. Failure to comply with any of the conditions may become grounds for filing a claim for termination of the contract. For example, if, under a short-term apartment rental agreement, the payment terms for utility bills were violated at least twice, then such failure to fulfill the terms of the agreement may lead to early termination of the agreement, by agreement of the parties or in court.

Statement of claim for eviction without provision of other housing

To the Moscow Court Plaintiff: Rusinov A.A. Address: Moscow, st. Lenina, 1-1 Defendant: Pupkin Ivan Petrovich Address: Moscow, st. Lenina, 1-2

Statement of claim for the eviction of the tenant and his family members from residential premises provided under social tenancy agreements. Due to the systematic violation of the rights and legitimate interests of neighbors, which makes it impossible to live together in the same residential premises, at the request of the landlord

Defendant Pupkin Ivan Petrovich, in accordance with the social tenancy agreement, is the tenant of premises in an apartment building at the address: Moscow, st. Lenina, 1. Members of his family live with the defendant: Pupkina Marfa Petrovna, Pupkin Petr Petrovich. Over the course of 6 months, the defendant has been systematically violating the rights and legitimate interests of neighbors living at the address: Moscow, st. Lenina, 1, which is expressed in:

• drinks vodka, sells alcohol
• drives women, walks around the house naked

On September 11, 20__, the Moscow District Court made a decision in case No. 666 on the termination of the social rental agreement for residential premises between the plaintiff and the defendant at the address: Moscow, st. Lenina, 1-2. The plaintiff repeatedly warned the defendant about the prohibition of violating the legal rights and interests of neighbors. The defendant ignored the plaintiff's warnings. Due to the fact that these violations make it impossible to live together in the same residential building with the defendant, and in accordance with Art. 91 Housing Code of the Russian Federation,

Ask:

Make a decision to evict the defendant and his family members from isolated residential premises in an apartment building at the address: Moscow, st. Lenina, 1, without providing other living quarters.

Application:

1. A copy of the social tenancy agreement dated September 11, 20__.
2. Copies of statements from neighbors about violation of their rights and legitimate interests by the defendant.
3. Extracts from the house register, copies of personal accounts.
4. Copy of the decision of the Moscow court
5. Copies of written warnings to the plaintiff by the defendant.
6. Receipts for payment of state duty.
7. Copies of the statement of claim for eviction without providing other housing for the defendant

"13" September 20__

Rusinov A.A.

RAA Law

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