How to discharge a person from an apartment: reasons, methods

Conditions for discharge and legal grounds

Here is a summary of all the important points that it is advisable for an apartment owner to know before starting to forcibly eject a registered person from his apartment. Your lawyer's loss in court may forever eliminate your ability to get rid of your written characters. Good luck to you. My brother will only have to be discharged through the courts. Before doing this, it is highly advisable to send him a written notice of voluntary eviction within a reasonable time.

My sister discharged me from the apartment through the court. Can she come to the passport office with a lawsuit and write me out?

The apartment is located in social. hiring She doesn’t pay the rent, because of her I can’t change the social lease agreement to include my daughter, I can’t get a government loan. social assistance.

In theory, he should be provided with temporary housing, but in practice he has to wait a very long time. Therefore, this issue has to be resolved by the initiator of the eviction.

Legal grounds

There are only two ways to discharge a person from your home - by consent or through the court. To be discharged with consent, all you need is his statement.

You can discharge the deceased by providing a death certificate to the migration service.

You've probably wondered more than once: how can I sign a person out without his consent if I'm the owner?

Meanwhile, registration and deregistration occur in accordance with Chapter 5 of the “Rules for registration and deregistration of citizens of the Russian Federation.” According to these rules, an extract is made in the following cases:

if he lives in another place and declared it;
if the court declared the person missing or dead;
if the registration was made using forged documents;
by court decision in case of violation of the law.

The legal grounds for a judge’s discharge will be the following:

a former relative of the owner of the property does not have the right to use the apartment (for example, in the event of a divorce, if the apartment was purchased before marriage, given as a gift or inherited);
in relation to a non-privatized apartment, a person who violates the rights of neighbors, destroys the apartment, is deprived of parental rights and does not have the right to live with a child - are evicted without providing other housing;
if the child registered in the apartment lives with a guardian or parents in another place;
if you received the apartment as a gift or inheritance;
if the person registered in the housing does not pay fees and at the same time he has another permanent home.

Read also: how to discharge a deceased person from an apartment

Instructions for owners on how to forcibly eject a person from an apartment

But the extract is not carried out immediately; you need to wait about 3 business days - during this time the package of documents will be checked.

Since the parents are fairly close relatives, in order to evict them, you need a very serious reason (simply lack of help in household chores will not work), but an excellent option would be their long absence.

In this case, the owner must file a claim in court and, referring to Art. 31 of the Housing Code of the Russian Federation, state their demands for recognition of relatives as having lost the right to reside in the apartment. This provision of the Law provides that in the event of termination of family relations with the owner, the right of residence for the former family member is not retained.

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

How to write out and evict a former family member from your apartment

1. Filing a claim with the court to terminate the right to use the residential premises of a former family member

The statement of claim must indicate the requirement to recognize the defendant (former family member) as having lost the right to use the residential premises.

If the defendant is not only registered in the apartment, but also lives in it, then the statement of claim must also state a demand to evict the defendant. In this case, the prosecutor must take part in the case (Articles 131, 132, Part 3, Article 45 of the Code of Civil Procedure of the Russian Federation).

The owner has the right to file the specified statement of claim in order to terminate the right to use the apartment of a former family member, as well as if the owner bought an apartment with strangers living in it.

The following documents must be attached to the statement of claim:

document confirming ownership of residential premises;
documents indicating the termination of the defendant’s right to use the residential premises (for example, a divorce certificate);
notification of the need to vacate the residential premises with a stamp of delivery or postal notification of delivery to a former family member (if it was sent);
other documents confirming the plaintiff’s claims;
document confirming payment of state duty.

The statement of claim and documents confirming the stated requirements are submitted with copies according to the number of persons participating in the case.

The statement of claim does not need to indicate a requirement to remove a former family member from registration, since the authorized body does this administratively on the basis of a court decision on termination of the right to use residential premises and eviction.

What circumstances prevent the eviction of a former family member?

The court may reserve the right of a former family member of the owner to use (reside in) residential premises for a certain period if he does not have the opportunity to live in another residential premises, and also if his property status and other circumstances do not allow him to provide himself with housing (Part 4 Article 31 of the Housing Code of the Russian Federation). If the owner of the home pays alimony for former family members, then the court has the right, at the request of such persons, to oblige the owner to provide them with other living quarters (Part 4 of Article 31 of the Housing Code of the Russian Federation).

Also, it is impossible to terminate the right to use residential premises of those who had the right to use housing on the date of privatization with other family members and agreed to privatization without their participation. The right of use of these persons cannot be terminated even by those owners who bought residential premises with such tenants (clause 2 of article 292 of the Civil Code of the Russian Federation; article 19 of the Federal Law “On the entry into force of the Housing Code of the Russian Federation”).

2. Participation in a court hearing, receipt of a court decision and writ of execution

In relation to a former family member, it is necessary to provide evidence of the termination of family relations, as well as evidence of his ability to live in another place, that is, the availability of other housing or the financial ability to purchase housing or rent it (Article 56 of the Code of Civil Procedure of the Russian Federation).

If the court decision has not been appealed, it comes into force 1 month after its adoption in final form (Article 209 of the Code of Civil Procedure of the Russian Federation).

If it is necessary to execute a decision regarding the eviction of a former family member living in a residential premises, it is necessary to submit an application to the court for the issuance of a writ of execution (Article 428 of the Code of Civil Procedure of the Russian Federation).

The writ of execution, together with the application to initiate enforcement proceedings, will need to be presented to the bailiff service for execution.

Bailiffs are obliged to evict a former family member after the expiration of the period for his voluntary execution of a court decision. Eviction includes the release of residential premises from the defendant, his property, pets and a prohibition for him to use the vacated premises (Article 30, 107 of the Federal Law “On Enforcement Proceedings”).

3. Submitting a court decision on eviction to the registration authority

A court decision that has entered into legal force on eviction from an occupied residential premises or recognition of the loss of the right to use residential premises must be submitted to the registration authority.

Based on this decision, the said body will remove the former family member from registration without his direct participation (Article 7 of the Law of the Russian Federation “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation”).

How to expel your sister from the apartment

According to Art. 602 and art. 586 of the Civil Code of the Russian Federation, the recipient of such rent, if this is recorded in the manner prescribed by law, has the right to live in the apartment even after its sale to another owner.

Registration at the place of residence is the responsibility of every citizen of the Russian Federation. And a person can discharge himself, simply by notifying the relevant government authorities. Please note that it is impossible to forcibly deregister a relative if he is the owner of part of the living space or if these are children under the age of majority, without parental permission.

They check what the future living conditions of the young child will be. And, with good reason, they refuse to discharge the parents. Even if you go to court, this will not solve the problem.

My sister, along with her husband and little son, privatized an apartment for three people in the early 90s without defining shares. And then they went to live in America. Everyone became US citizens (with a green card).

The law gives minors more rights to public housing than adult family members. Parents under Art. 91 of the Housing Code of the Russian Federation, they can be evicted from a municipal apartment and deprived of parental rights without providing other social housing, but in this case the children will still remain the owners of this apartment and the state will establish guardianship over them.

You need to know that Russian Legislation allows the owner to negotiate with relatives on voluntary deregistration. But relatives who do not express a desire for a voluntary procedure can be forcibly discharged.

After all, according to this article, owners have the right to use/live in their apartment, and therefore to be registered.

Can an apartment owner sign out a registered relative?

» Buying and selling an apartment » Can the owner of an apartment sign out a registered relative?
The need to sign out relatives from your apartment does not arise very often, but it is not uncommon either. Let's look at how this can be done, what the features and nuances are.

Conditions and grounds for discharge

First, it must be said that if the discharge is voluntary (the relative was asked to discharge - he did so), then there are no special features in this procedure. Everything is absolutely standard. However, in practice, relatives are usually categorically against being discharged from housing.

And since they are, after all, family members, it is impossible to simply force them to leave the premises without any reason. Let's look at the main reasons why a person can be forcibly evicted from an apartment despite the fact that he is a relative:

Divorce . A fairly common reason. From the point of view of legislation, after the dissolution of the marriage union, the ex-wife and husband cease to be considered relatives. The same thing happens with relatives of relatives, that is, with the father and mother of the wife/husband and others. Under such conditions, you can demand to be discharged or, since there will most likely be no consent, be forcibly deregistered through the court.
Accommodation at a different address . If relatives remain registered in one apartment, but actually live in another, this is already enough to forcefully deregister them. Most often, under such conditions, registration is retained in order to obtain some specific advantages, but it is often disadvantageous for the home owner (for example, you need to pay more for utilities). It is enough to prove the fact of residence at a different address in court, and the relatives will be discharged without their consent.
Breach of obligations . Another common reason for forced eviction. Apartment residents are required to pay for the utilities they consume. If relatives do not do this, then a debt accumulates, on the basis of which, subsequently, they can be forcibly discharged. It is important to remember that the amount of debt must be significant. Going to court at the first delay is very reckless. It is necessary to prove that non-payment has already become regular. For example, the debt has not been repaid for more than six months.
Inappropriate use of housing . In some cases, relatives use those rooms in the apartment in which they must live for work, storage, and so on. If the owner of the property can prove this fact, people can also be discharged without their consent.

Other reasons/grounds may also arise, such as violation of public order. The main thing is to have evidence strong enough to present to the court. If they are, then the discharge will be made with a high degree of probability. At the same time, you need to remember that in certain situations it is impossible to discharge relatives under any circumstances.

There are certain features that prevent the owner from discharging people without their consent:

Refusal to participate in privatization . If the apartment was previously municipal and the relatives-tenants refused to participate in the procedure, they received the right to live in this property for life. Yes, they do not have property rights, but such people cannot be written out without their consent.
Temporary absence . You cannot discharge people who do not temporarily live in the apartment.

Example: A relative is registered in the owner’s apartment and decides to go to the capital to earn money. There he received temporary registration and is successfully working at a construction site.

Even if such work lasts several years, he cannot be discharged, because the person did not leave for permanent residence, but simply with the goal of earning more.

He does not use public services and therefore is not obliged to pay for them, which means this ground will not apply.

The procedure and procedure for expelling a relative from an apartment without his consent are quite standard, if one can say so about legal proceedings and forced eviction. Let's take a closer look.

Procedure

Instructions for removing a relative from registration without his consent:

Prepare a claim and send it to a relative.
Collect documents for the court.
Go to court.
Get a solution.
Based on the decision to evict a relative from the apartment.

Procedure

Let's take a closer look at the entire procedure.

Claim

The first step is to file a claim with relatives. It is mandatory, as it allows you to prove the fact that the owner tried to solve the problem pre-trial. It is best to send your claim by registered mail and record your every step on video. Alternatively, you can submit your claim in the presence of witnesses. Only they must be disinterested persons.

The claim specifies a requirement to vacate the apartment and deregister within a certain period of time (usually about 1 month) due to specific reasons. If there is no response, you will have to wait the whole month (or another period specified in the claim) and only then go to court.

Going to court

When going to court, you will need to not only prepare all the documents, but also draw up a statement of claim. It is drawn up according to standard rules. See sample and content below. After filing the application, the court will consider the claim. You will have to be patient, this is not a quick procedure.

After consideration, a meeting date will be set. It is recommended to attend. And only after this will one decision or another be made. But it does not come into force immediately, but only after 1 month. This period is given to the defendant or plaintiff to challenge the decision if it does not suit them.

Forced eviction of relatives

As soon as the decision has come into force, you can go to the MFC and demand that your relatives be deregistered. This is also a relatively lengthy procedure, but in the end the owner can finally get rid of the tenants.

It should be borne in mind that in some cases, residents refuse to voluntarily leave premises in which they no longer have the right to be.

If this is the case, then you will have to contact the bailiffs and ask them to help in exercising the rights of the apartment owner.

Statement of claim

The statement of claim is drawn up taking into account all the requirements described in Article 131 of the Code of Civil Procedure of the Russian Federation. This document must contain the following information:

Where is the application sent?
Who submits the application?
Who will be the defendant in this lawsuit?
General description of the situation.
Evidence that the plaintiff is right.
Requirements for the defendant.
List of attached papers.
Date and signature.

Sample

statement of claim for eviction of relatives from the apartment

Documentation

The list of documents that is attached to the claim is also described in the legislation (Article 132 of the Code of Civil Procedure of the Russian Federation). To summarize, the list would look like this:

Passports of the applicants/applicant.
Receipt for payment of state duty.
Proof.

Price

Going to court requires paying a state fee. Since the relatives are not the owners, they have no rights to the property. This means that the claim relates to non-property claims. As a result, the state duty will be exactly 300 rubles (clause 3, clause 1, article 333.19 of the Tax Code of the Russian Federation). The check-out and subsequent eviction procedures do not involve additional payments. They are produced free of charge.

If you plan to work through a representative, you will also need to issue a notarized power of attorney. The cost of such a document is about 2-5 thousand rubles.

Approximate time frame for discharging relatives without their consent:

Direction of claim: 1 month or more.
Appeal to court: up to 2 months + 1 month to wait for the decision to come into force.
Discharge without consent: about 1 month.

Extract nuances:

Depending on who and where you plan to discharge from, there may be specific features and nuances that also need to be taken into account. Let's look at the main ones in more detail, with examples.

Parents

It is very difficult to discharge parents. This is only possible in cases where they have other housing and do not actually live with the child. If parents have been deprived of parental rights, they can also be evicted. But even here there must be a place where they will live after deregistration.

Example : Parents have two apartments. They live in one, and gave the second to the child, but remained registered there. The child plans to sell this home and take out a mortgage for a larger apartment. Selling is required in order to receive the amount for the down payment.

Parents are against it because they don’t want their child to take out loans. Since they are against it, they do not want to be discharged voluntarily.

The child proves in court that the parents do not live with him and they have another apartment, after which he can, based on a court decision, discharge the parents without their consent to the MFC (My Documents).

The daughter-in-law (son's wife) can be discharged from the apartment only if she loses her status as a daughter-in-law. For example, after a divorce. Otherwise, it will be impossible to remove her from registration, because she is a relative and has the right to live with her spouse.

Example: A son brought his wife into the house and registered her. After some time, the couple divorced, but the girl remained living in the same apartment. Her parents asked her to check out and move out several times, but were refused.

In such a situation, they can submit a claim, wait for the refusal (or until the period provided for eviction according to the claim expires), after which they can safely go to court.

Since the girl is not a relative and, as a result, does not have the right to live in this apartment, the court will issue a decision with which she can be deregistered.

https://www.youtube.com/watch?v=Zw8JvuM4A8I

Brothers and sisters can be deregistered only if they are not co-owners of the property.

Example : Parents left two apartments as an inheritance to their children. The son lived quietly in his apartment, which belongs to him by right of ownership and does not belong to his sister. The sister, accordingly, had her own property.

After some time, the girl loses her apartment (the reasons are not important) and moves in with her brother. As she herself states, for a short time until she can improve her financial situation.

The brother is not happy, but he agrees to tolerate his sister for a while and registers her in his apartment. A year passes, then two, and the girl still continues to live with her brother. He doesn't like it and demands that she check out. The sister refuses.

Based on the fact that he is the sole owner, the brother goes to court and forcibly evicts his sister.

It is somewhat easier to discharge grandparents than parents, although even here they need to have a place to move out to. Alternatively, you could suggest they move to a nursing home. For many older people, this is a great option to make new friends and receive good care. But they don’t always agree to check out of the apartment voluntarily.

Example: After the death of my grandfather, my grandmother became very withdrawn. Her grandson suggested that she move to a nursing home so that she would have someone to communicate with.

The grandmother is not against it, but she refuses to check out of the apartment that belongs to her grandson “so that he doesn’t do anything to the apartment.”

Since by this point the grandmother is no longer the owner of the home, the grandson, after she is evicted to a nursing home, can go to court and forcefully discharge her.

Municipal housing, as the name suggests, belongs to the municipality (city). It is much more difficult to evict relatives from such an apartment, since this is only possible if the residents send applications to the city administration, and they decide that these applications are really worthy of attention. At the same time, the grounds and reasons for the discharge of relatives remain standard.

Example: A family of 5 people (parents, husband and wife and their child) live in a municipal apartment. After a while, parents stop paying for utilities for no reason.

Six months later, a serious debt has accumulated, and the spouses pay for themselves and the child regularly, but the parents’ debt is not repaid. The husband contacts the administration with a statement that his parents refuse to pay for utilities and have already accumulated a significant debt.

The application is considered and the parents are evicted from the municipal apartment with an obligation to pay the entire debt.

Privatized apartments are the most standard type of real estate, which belongs to individuals or legal entities under the right of ownership. Check-out and eviction from such housing is carried out according to standard schemes.

Example: My son bought an apartment in the capital. After some time, his parents came to see him. At first, with the goal of staying for 1-2 months, but ultimately they stayed for permanent residence. Their son registered them because his father needed to find a job, but they wouldn’t hire them without registration.

After some time, the son began to hint that it was time for the parents to move to another place, but the parents refused. Since they are not co-owners of the apartment, the son can go to court and demand that they be forcibly evicted.

In such a situation, the fact that the parents have other housing, albeit in a remote locality, is taken into account.

Evicting parents, depending on their relationship to the property owner, can be quite a challenge. In many cases, you simply cannot do without the help of an experienced lawyer. At a free consultation, qualified specialists will talk about the main and most common problems. They can also act as client representatives in court, which significantly increases the chance of the case being resolved in favor of the applicant.

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Can the owner write out a registered person without his consent?

It is necessary to expel my sister from the apartment (I am the owner) due to not living there for 3-4 years. What documents are needed to file a claim in court? I don’t know if it will be possible to present the whole story as it is, but I’ll try... I’ve been living and working in Kemerovo for the last two years. We live with our father.

If you haven't found a suitable option, continue reading. Here, too, everything is written in detail on how to discharge almost any person.

I live in a 2-room municipal apartment with my daughter and younger sister. The apartment was left to us after the death of our parents, with whom we all lived together. I am my younger sister’s guardian + raising my daughter alone. Recently I managed to become the owner of a home under a rental agreement, I have all the documents.

If the absence from the place of residence is permanent, then interested parties (that is, the landlord, tenant or members of the tenant’s family) have the right to demand in court that they have lost the right to residential premises (as a basis - moving to another place of residence), and how consequence - termination of the social tenancy agreement.

How to expel your ex-husband (spouse) from an apartment that you own

When a family breaks up, a situation often arises in which one of the spouses, being the owner of the apartment, does not want to continue living in the disputed apartment with the former spouse, and the former spouse, in turn, does not want to voluntarily check out and leave the disputed apartment.

In this case, in order to evict the ex-spouse and remove him from the disputed apartment, the court will have to recognize him as having lost the right to use the disputed apartment and demand his eviction from it.

However, not all so simple. Before going to court, it is necessary to clarify several important questions, the answers to which will determine whether it is in principle possible to evict and discharge a person from an apartment.

For forced discharge, in this case, two conditions must be met.

1. The apartment from which you want to check out must be your property (the grounds on which this right of ownership may be different and do not matter. The encumbrances imposed on the apartment also do not matter).

2. Termination (absence) of family relations between the owner of the apartment and the person who is planned to be discharged from it (that is, the person being discharged must be a former family member of the apartment owner, or not be one at all).

With property, everything is more or less clear - this fact is easily confirmed by the title documents of the apartment.

With family relationships everything is more complicated. In this case, they should not be confused with family relationships. The presence of family relationships does not guarantee the existence of family relationships. Conversely, in the absence of kinship relationships, family relationships can occur.

As an example, we can cite a situation in which close relatives (for example: siblings) live in the same apartment, have spouses, lead separate households, and do not care about each other. Accordingly, there is no family relationship between them. In turn, non-relatives (cohabitants, other persons) can be members of the same family if they live in the same apartment, run a common household and take care of each other.

The owner of the apartment may also have other family members (children, parents, other relatives, disabled dependents, other persons (for example, a cohabitant living with the owner without registering a marriage)).

The termination of family relationships with other persons (that is, not spouses) may be evidenced by refusal to maintain a common household, lack of a common budget, common household items, failure to provide mutual support, etc., leaving for another place of residence.

To prove the absence of family relationships, in most cases, witness testimony is used.

In addition to witnesses, the fact of termination of family relationships can be confirmed by SMS correspondence, email correspondence or on social networks.

The termination of family relations between spouses means the official dissolution of a marriage (in the registry office, court, recognition of the marriage as invalid).

However, even with successful proof of the two above conditions, it is not always possible to discharge an unwanted tenant from the apartment. There are several exceptions in which it will not be possible to discharge a former family member from the apartment.

1. If a former family member of the owner of a privatized apartment (the defendant) at the time of privatization had the right to use the apartment (was registered in it) and gave his consent to privatization, then it will not be possible to discharge him from the apartment without his voluntary consent.

This is due to the fact that, by giving consent to the privatization of the apartment, without which it would have been impossible, this person proceeded from the fact that the right to use the apartment would be of an indefinite nature for him. This rule will be taken into account by the court even when alienating the apartment to another person.

2. The second exception concerns children. A child whose parents (one of them) have been deprived of parental rights retains the right to use the apartment and will not be able to be discharged.

The same applies to minor children whose parents have divorced - the termination of family relations between the parents of a minor child, living or not living in an apartment owned by one of the parents, does not entail the loss of the right to use this apartment; accordingly, it will not be possible to discharge him .

Also, for former family members, there are two guarantees that do not prevent the former family member from being discharged from the apartment, but impose certain features on this operation.

1. The right to use an apartment belonging to the owner may be reserved for a former member of his family for a certain period of time if the former member of the owner’s family has no other housing and he cannot provide himself with it due to his property status and other factors worthy of attention circumstances. When determining the specified period, the court will proceed from the principles of reasonableness and fairness. As a rule, this period is 1 year. After this period, the right to use the apartment is terminated.

2. The court may oblige the owner of the apartment to provide other living quarters for the ex-spouse and other members of his family if the owner pays alimony in their favor.

Compliance with the above conditions will be the basis for the court to make a decision to recognize the former family member of the owner as having lost the right to use the disputed apartment, which will be the basis for his discharge and eviction.

As we can see, there are a lot of subtleties that should be taken into account when conducting a case of eviction of a spouse. To avoid making mistakes, housing lawyers recommend that you sign up for a legal consultation and find out how to act specifically in your case.

How to expel your sister from the apartment without her consent

Can my sister in court discharge me from the apartment according to Dog. social hiring, if I bought housing in the region (studio) and registration in Moscow. And I do not live at the place of registration, but I pay for rent (at the same time, there is a certificate in the Criminal Code that I temporarily live in another place and pay for utility services there). How can I protect myself from my sister’s desire to discharge me? If living together is unbearable.

In this article we will look in detail at how to deregister a grandmother, brother, daughter-in-law and others, as well as what laws regulate this and whether this can be done without the consent of the registered relative.

The main regulatory document that regulates housing issues is the Housing Code. It contains general provisions on the registration or deregistration of citizens.

For example, you can get his consent to be discharged and then there will be no problems. But if the relative does not agree, certain difficulties arise.

For this reason, it is almost impossible to evict a child from a municipal apartment without first ensuring his placement in a new home. Guardianship and trusteeship authorities (CCA) strictly monitor all cases of deregistration of children, and without their consent, it will not be possible to evict a child.

My sister is going to buy an apartment! The apartment has 1 owner and 1 person who is simply registered is currently in the army. He came on leave and checked out. I registered with other relatives. That is, no one is registered in the apartment now. Could there be any hidden cameos in the fact that he was discharged during his military service??????

Now you are fully familiar with the discharge procedure from A to Z. The information described in this article will help you complete your discharge as soon as possible, avoiding unnecessary problems.

There is a municipal apartment in which are registered: mom, dad, me, my child (6 years old), my sister, my sister’s child (newborn). I'm expecting my second child in a month and a half. We want to privatize this apartment before I give birth to my second one, because... at the moment it turns out equally for everyone: my child, my sister’s child and our mother will have the property (and her share will someday be divided between me and my sister).

There are certain laws that allow you to evict a citizen from your home, and this even applies to children.

I have a sister, four of my parents and I lived in a three-ruble ruble, this three-ruble ruble is from the state. When they grew up, my sister got married and moved in with her husband. I also got married and temporarily lived with my parents until we bought an apartment. My sister had one child, I have two. The sister remained registered in her parents’ apartment. I checked out when we moved.

Good day! To register, you need to apply to the passport office and also submit documents for residential premises.

Former spouse. After a divorce, the former spouses are automatically former members of the owner's family.

Extract from a privatized apartment

After deregistration, it is necessary to register the child in a new living quarters with one or both parents.

How does this happen in practice? A person goes to the passport department. Bring with you documents (original + copy in one copy):

child's birth certificate or passport;
passport of one of the parents (guardian, adoptive parent);
registration certificate for new housing.

Two more documents are filled out on site (samples are installed). All of the above is given to the passport department, including the original birth certificate of the child or his passport. The case is resolved within 7 working days.

A minor owns the property

The written consent of the guardianship authorities comes to the fore. A certificate from the passport department about the number of people registered in the apartment will be useful. It is done within 7 working days. To receive it, you will need the parent’s passport (+ copy), the child’s birth certificate or his passport (+ copy), as well as the original document that certifies ownership.

Then contact the guardianship authorities, where they consider the application. If consent is given, the sale of the home becomes possible.

Extract from housing owned by the city (municipal)

You will need a certificate of registered residents + personal account. Documents are provided at the passport office.

You cannot do without the consent of the guardianship authorities. The list of required documents and the process algorithm are indicated above. The child will be discharged within 7 days.

If the child's mother is against discharge

Is it possible to discharge a child without the mother's consent? Yes, but only through the court. In this case, the case is considered by the courts with the presence of guardianship authorities.

The court considers the case within 14 days, examines the papers and makes a decision - positive or negative.

It is worth noting that an extract is not possible in the following situations:

the petition was submitted by a person who is a participant in the process regarding the disputed ownership of housing;
the home belongs to the child;
a minor takes part in the privatization of an apartment at the time of filing a petition or consideration of the case.

There are a lot of options for deregistering a child, and each of them has pitfalls. It is worth noting that in any controversial situation, preference is given to the legal civil rights of the minor. Even getting written permission from the guardianship authorities is not as easy as it seems. Therefore, it is advisable that the entire deregistration process be carried out under the supervision of qualified lawyers who are well aware of the intricacies of such a delicate matter. This will save a lot of time and effort.

Brief summary

To avoid misunderstandings when removing a child from the place of registration, you need to remember the following nuances:

To carry out a legal transaction, you will need permission from the guardianship authorities;
if the child’s previous place of residence had 25 sq. m of your home, then the new one should have the same or more. But by no means less.

If in fact there is no new housing, then the child’s personal bank account should contain an amount equal to the square meters sold. An account statement is provided to the guardianship authorities and the passport department.

How to expel my sister and child from the apartment if I am the owner

I, my sister, our children and parents are registered in the privatized apartment. My sister’s husband also lives in this apartment and has a registered residence permit somewhere in the region (he has nothing on the territory of the Russian Federation). The question is whether he should be registered with us so that he can enjoy all the required “benefits” of a Muscovite (such as a compulsory medical insurance policy or the absence of problems with work). Temporary or permanent?

Girls, please tell me whether our children can participate in privatization without a dad. The children are 3 years and 10 months old. That is, the mother-in-law, my husband’s sister and child, and our two children are participating in the privatization. They are all registered in a 3-room apartment.

My sister was also registered in the apartment, and her two children, whom she placed in a boarding house, one child dropped out in 1990, the other in 1997. My sister died a year ago.

Beware of intrusive calls from unidentified persons with persistent invitations to supposedly “free legal consultations.”

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An adult son, daughter, father, mother, grandmother, grandfather, sibling, grandson or granddaughter. They will be recognized as former family members if: 1) they do not maintain a common household with the owners; 2) maintain a separate budget; 3) do not provide each other with assistance and support (clause 13 of the Resolution of the Plenum of the Supreme Court of July 2, 2009 No. 14).

According to the law, there are certain compelling and official grounds that allow you to evict a minor from his apartment or house.

Important! Every child until adulthood is under the guardianship of the guardianship authorities, and can also seek protection from the court, police or prosecutor's office, so in most cases it is simply impossible to evict the child from their home.

What is the procedure for eviction from official housing? See here.

The only basis for discharging a child from municipal housing may be the presence of evidence from other persons that he was registered without immediate occupancy.

Proving this is really problematic, and often the court does not take this point into account at all.

It is not allowed under any circumstances to deprive children of housing:

recognized as orphans;
without guardians;
who are dependents of the person who owns the residential premises;
who do not have their own place to live.

What can the sister whom I registered with me claim?

In fact, the main purpose of introducing this legislative norm was the ability to protect the rights of the population in relation to property and guarantee the safety of their real estate from encroachment by persons who do not have any legal right to use the premises.

Typically, citizens are afraid that registered persons may file a claim through the court and obtain ownership of the property. To understand this, it is necessary to refer to certain provisions of the legislation of the Russian Federation.

Instructions

You ask: “How can I expel a relative from an apartment without his consent if I am the owner?” To extract a relative from a privatized apartment in the simplest case, the following papers are required:

identification;
government payment receipt duties;
a completed application for discharge of a relative;
certificate of state housing registration.

The package of documents is submitted to the Housing Office. Submission to the Housing Office is possible if relatives (for example, brother/sister) were not registered as family members of the owner, otherwise the process becomes somewhat more complicated.

Complex cases (such as forced eviction of parents) are resolved exclusively by the court and you will have to write a statement to the appropriate authorities.

The state duty is 200 rubles. The time frame for making a decision on a claim can vary from one or two weeks to several months. It all depends on the reasons and the situation.

Now let’s look at who can be deprived of the right to use and how.

Nuances of registering

If a citizen who is a home owner registers other citizens in his apartment or house, it means that he thereby expresses consent with the actual residence of these people on the territory of his property.

If the owner of the home changes his mind, the second party to the agreement will automatically lose the right to reside.

In this regard, it is better to familiarize yourself in advance with what rights a person has after receiving registration in an apartment.

Rights of those registered in municipal and non-privatized apartments

In the case of privatization of housing and the participation of one person, it is this citizen who acts as the owner of the property, including the ability to register any citizens in the apartment at his discretion.

The situation is completely different with persons who are registered in the apartment, but do not have ownership rights.

Regardless of what kind of family ties they have with other persons, organizing the procedure for obtaining registration is not within their competence.

The registration procedure is possible by contacting the housing department with a special application. This document expresses the desire of the owner and the registered person to go through the registration process. After the action is completed, the new resident has the following opportunities and obligations in relation to the residential premises:

In the case of registration in a privatized apartment after privatization, the responsibilities and rights will be the same as those of the owner, with the exception of the right to formalize legal transactions for the alienation of property. An additional condition for the use of property is the requirement to use the property strictly for its intended purpose.
Persons who have received registration must take into account the characteristics of the premises during operation.
Upon dissolution of the marriage, the tenant is deprived of the right to use the property, except in cases where the period of use is extended by the court for good reasons.
The citizen is obliged to comply with all the terms of the contract for obtaining registration.

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As a result, the citizen is endowed with all the rights that the owner has, except for the possibility of alienating property to third parties.

To live in municipal housing, you must enter into a simple rental or commercial lease agreement.

The responsible tenant is not the owner of the property, but this person has certain rights that allow him to transfer the property for rent or exchange it for another apartment.

Registered relatives of a citizen have the same rights as the responsible tenant, but here we are talking about the spouses, children and parents of the citizen.

As for non-privatized apartments, the same standards apply here as for municipal housing. Particular attention is paid to minor children who must live with their parents and who do not have the right to be evicted from the apartment if there is no other option for obtaining registration.

Other relatives

It is much easier to deregister non-parental relatives, such as a brother, sister-in-law, or even a grandmother. Depriving your daughter-in-law of registration will probably be the easiest task.

In the event of a divorce, family relations are terminated, she ceases to be a relative under the law, and she can be forcibly evicted in a general manner, without even going to court. It is enough to take the application to the Housing Office.

In other cases (when family relationships cannot be suspended) the grounds for deprivation of the right to use residential property. The area can serve as separate management of everyday life and budget.

https://www.youtube.com/watch?v=y_3NYKgsueM

If relatives refuse to participate and help in the household, this is sufficient grounds for discharge.

Cases of such violations must be recorded using checks, payment receipts, and so on.

To summarize what was said above:

Daughter-in-law - a daughter-in-law may be deprived of a stamp if it is proven that she does not help with household chores, does not participate in paying for housing and communal services, or does not live at the address for a long time. A special point is the termination of family relations; if the marriage is dissolved, then by law she ceases to be a member of the family. In this case, deprivation of the right to use occurs even without a court decision.
Brother/sister - general grounds apply (refusal to pay for housing and communal services, does not live at this address, and so on).
Grandmother - we can say that in meaning the grandmother is a parent. But in the Housing Code, only the mother and father of the property owner are defined as parents. Therefore, you can deregister your grandmother using the usual reasons.

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Please note that the court may ask the owner to allow the relative to live at the address for a while longer. This is practiced in cases where a family member has no other housing, and he is given time to look for new housing (read about

discharge to nowhere

). In other words, the measure is provided so as not to throw a person out onto the street.

After the completion of the trial, the owner receives a decree, and the relative (deprived of the right to use) moves out within the established time frame.

Eviction from municipal housing occurs exclusively through the courts. The grounds are generally similar to an extract from privatized housing - a relative does not live at the address for a long time, refuses to participate in the payment of housing and communal services bills, regularly violates public order, and so on.

Since the owner is formally the municipality, you first send a written application to the municipal authority, and the family member receives a written warning.

If violations (for example, refusal to pay utility bills) continue, then you should go to court.

After consideration and a positive decision, the relative is forcibly removed from registration.

The Housing Code provides for the possibility of evicting a relative without his consent. In the simplest case, it is enough to submit an application with a package of documents to the Housing Office. In more complex cases, you will have to go to court.

Grounds for deprivation of the right to use veins. area may include refusal to pay utility bills, long-term residence at a different address, or violation of public order.

The state fee is 200 rubles, the processing time can vary greatly, you should expect a minimum of 2-3 weeks.

In some cases, the court may ask the relative to live at the address for a while longer (while he looks for new housing). Among all family members, the most difficult to deprive of registration are the parents of the owner and his minor children.

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Parents

It is extremely difficult to deprive parents of their registration. Each case is reviewed by the courts.

Discharge to nowhere (the parents have no other place to live) will definitely not be allowed.

It is possible to deprive the right of use if the mother or father does not live on this property for a long time. area.

In this case, it is necessary to confirm from witnesses that the parent/parents have not appeared at this address for a long time.

But if the parents appear during the trial and express their desire to continue living at this address, then it will also not be possible to deprive them of their rights. In addition to parents, the owner's minor children enjoy special protection.

How to leave your parents' apartment? It’s much easier to cancel your registration yourself. Since there is no “force” in this, the procedure takes significantly less effort and time, and there is no need to go to the courts.

To do this, you can use three methods - personal submission of an application, extract by proxy and automatic extract. Personal submission of documents is carried out at the MFC or FMS branch.

To save time, you can even unregister online,

on the State Services website

. In other words, if the extract is not compulsory, the procedure will be carried out without legal proceedings.

Find out how to check out while in another city, and how to check out at the same time when registering for a new place, on our website.

Discharge from the apartment without consent and presence

Discharging a person from an apartment is a procedure typical of the terminology of Soviet “propiska”. The current legislation of the Russian Federation now calls this procedure “deregistration at the place of residence.”

A person can be deregistered either in his presence and with his consent, or through the court. Separately, we can say about the discharge from the apartment upon the death of a person.

A person can be discharged from an apartment through the court only if he is evicted from the occupied residential premises or is declared to have lost the right to use the residential premises on the basis of a court decision that has entered into legal force.

Please note: when a person changes his place of residence and registers at a new address, there is no need to separately register from the “old” address. Application for registration at the place of residence means automatic deregistration from the previous address.