Eviction of parents

Read on our website about how to evict illegally residing, registered and unregistered citizens from residential premises, as well as the procedure for eviction from a communal apartment.

general information

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

The state protects the rights of children, and it is almost impossible to evict a small citizen from an apartment.

The guardianship and trusteeship authorities (TCA) carefully check each fact of eviction and conduct internal checks.

If a citizen who has not reached the age of eighteen lives with his father and mother or with one of the parents , but at the request of one of his relatives he moves to another place of residence, then this situation is common and will not raise questions from the PLO.

If the move will be carried out with a legal guardian, then this is also acceptable upon presentation of the appropriate documents.

The procedure for evicting a minor from a residential premises is one of the most difficult. This is due to the fact that the Civil Code of the Russian Federation and the Housing Code of the Russian Federation protect the rights of minor citizens.

This happens due to the fact that a small citizen at his age cannot yet fully defend his rights.

Who can initiate eviction and for what reason?

Different persons can express a desire to evict a child: one of the parents or the owner of the property for the subsequent sale of the apartment and change of ownership.

An extract from housing purchased with a mortgage loan, taking into account Article 78 of the Mortgage Law, is quite likely. In addition to this, many banks limit the circle of minors who can register in the territory of credit housing until the debt is completely eliminated.
There is a possibility of eviction from municipal housing only if the child is provided with real estate similar to the previous one, excluding situations where the current housing is in disrepair and threatens the health and life of the child.

Taking into account Article 446 of the Civil Procedure Code of the Russian Federation, the eviction of a child who has a single place of residence has certain restrictions. Only the court can make decisions regarding the discharge of minors.

Depending on the form of ownership of a particular hostel: private or public, eviction from a room can take different forms.

Deprivation of the right to living space of persons who have entered into an agreement for the right of residence is possible only after a court decision to terminate the agreement between the two parties. Single mothers and fathers who have small children in their care fall into the category of persons who are strictly prohibited from being evicted from their homes. In this case, it is allowed for the minor to move to another place of residence, the area of which will be calculated based on 6 m2 per family member, and the location of this housing will be within the settlement facility.

According to the Housing Code, in the event of cancellation of the contract for the provision of labor relations, along with which the minor’s parents were provided with an official place of residence, when moving to new housing, the minor is sent to follow his father and mother. The following reasons may be grounds for discharge of adults and children from the hostel:

Causing significant damage to a building, making an illegal change to a building plan.
The appearance of large debts on utility bills.
In case of leaving work of your own free will.
Claims from neighbors based on a crime against public order and tranquility.

It is worth noting that a ban on living in a particular territory is possible only when ownership of residential space was registered before March 2005, at which time housing rights were regulated by the Housing Code of the RSFSR.

If housing appears later, eviction is possible only if a replacement premises is available. Any case of evicting a minor from an apartment or house is considered only on an individual basis, and all guardianship officials who come are heard.

Cases that involve illegal residence of a family with young children on the territory of official housing, as well as privatization of property contrary to law, fall into a separate group. In accordance with Article 83 of the Housing Code of the Russian Federation, by mutual agreement of the employee and employer, it is possible to move out of the territory of residence.

Then the manager must file a claim with the court containing the reasons for terminating the employment relationship with the citizen who lives in the residential area with the child.

Grounds for eviction of minor children

The grounds for eviction of a child from an apartment may be as follows:

the owner of the apartment’s demand to leave her parents, and, of course, their young child. If an agreement is not concluded, then this will have to be done at the request of the apartment owner , but only by court decision. Such situations may arise due to late payment or noise that neighbors complain about. Usually the court gives citizens time to select a new place of residence;
requirement of the new owner of the apartment to vacate the premises. If a minor lived and was registered in the premises, and perhaps was its owner, but with the permission of the guardianship authorities, his parents made transactions, and now the new owner is dissatisfied with the fact that strangers live on his territory;
the basis may be a demand from the owner of municipal housing, which is most often associated with non-payment of debts for utility needs (find out the size of the debt for eviction). By law, in such cases, a family with one or more children must be provided with an alternative apartment or room. It should be noted that this applies to social employment contracts;
expiration of the period allotted for living in a service apartment. At the end of the period, you must leave the premises with your parents, but only if we are not talking about orphans whose parents were tenants of this living space.

Article 292 of the Civil Code of the Russian Federation establishes the norm under which conditions the eviction of children can occur legally: if the owner of the premises has completed a purchase and sale agreement, and the children remain registered in the premises, then the new owner of the living space has the right to evict.

Article 31 of the Housing Code of the Russian Federation secures the right to use property for minors, even after the divorce of his parents.

The rights of young children are determined by Article 65 of the Family Code of the Russian Federation, which establishes that a child, if his parents divorce, can be registered at a new residential address assigned to one of his parents.

However, the fact that a minor changes his place of residence does not affect his property rights. He still claims the property of both his father and mother by virtue of kinship.

Advice from lawyers:

1. I am the owner of the apartment in which my parents and brother live. They decided to evict him, the parents have no peace. Now we are looking for a room to buy for him, although he only agrees to an apartment. The trial will take place on July 7, what questions can you expect from the judge? Thank you.

1.1. Hello! What questions? What is the subject of the dispute? What is the violation of your rights? Has an agreement been reached on how to live with him? Do you maintain a shared budget with him? Do you insist on the claim or not?

Did the answer help you?YesNo

1.2. You need to prove that your brother is not a member of your family, you do not run a joint household, and there is no common budget. If the brother refused to privatize this apartment, then the court will refuse the claim.

Did the answer help you?YesNo

1.3. If you evict him with the provision of another premises (if he refused privatization), then be prepared to prove the fact of purchasing him a new home or ask to postpone the meeting. Otherwise, your claim will be denied. If he did not refuse privatization, then he will be discharged and evicted without any questions asked.

Did the answer help you?YesNo

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2. I bought an apartment from my mother with the participation of maternity capital. The owners are me and my 2 sons. It's impossible to live with your parents. I wrote 2 statements to the police about the beatings. The beatings were recorded. I want to file a lawsuit to get my parents discharged and evict, but my mother won’t give me receipts for rent, and without them I can’t apply for discharge. My mother wants to prove in this way that she pays, but at the same time she demands money from me. Can I sue without receipts? How can I discharge my parents?

2.1. Hello. Without receipts, of course, it is more difficult, but, in general, it is possible. It is necessary to study the situation in more detail in order to give some more accurate recommendations.

Did the answer help you?YesNo

2.2. There is no need to provide any receipts for payment of rent. You have the right to file a claim in court on the basis of Art. 292 of the Civil Code of the Russian Federation The transfer of ownership of a residential building or apartment to another person is the basis for termination of the right to use residential premises by family members of the previous owner, unless otherwise provided by law. You need to file a claim for loss of the right to use the residential premises and deregistration, attach a document confirming the ownership of the residential premises, certificates of form 7, 9 and a receipt for payment of the state duty.

Did the answer help you?YesNo

3. The house is jointly owned by me, my husband and 2 minor daughters, one of whom is disabled. Also, according to the gift agreement, my husband and I have a share from my husband’s middle sister (1/4). What to do with the eviction of my husband's parents?

3.1. Hello! If your parents were moved in by you as family members, then there is very little chance of evicting them through the court. This is possible if they do not actually live and do not pay utilities or participate in the maintenance of the house.

Did the answer help you?YesNo

4. The procedure for the eviction of parents and two minor children from an apartment that was taken away by the bank in connection with a debt on a foreign currency mortgage (by a court decision), the apartment is put up for auction, there is no other housing. Thank you!

4.1. If there is a court decision, the bailiffs will evict.

Did the answer help you?YesNo

5. After the divorce, the court divided a two-room privatized apartment into three equal shares (1/3 husband 1/3 wife 1/3 daughters from a joint marriage) the ex-husband lives in one room, the wife and daughter and her parents (mother and father) live in the other. The wife's parents are not registered in this apartment but live due to the current circumstances. Is it legal for the ex-husband’s demands to evict his wife’s parents from the apartment (he filed an application to the court for the forced eviction of his wife’s parents from this apartment)

5.1. Anton, If you have already filed an application, now you just have to wait for the court to decide what the decision will be in your case. I advise you to seek help from a specialist, in this case the chances of success will be greater.

Did the answer help you?YesNo

6. Is the prefecture competent to file a claim for eviction of parents, both disabled people (groups 1 and 2) for eviction. The parents sold the apartment from which they were discharged before registering in Moscow. The discharge is related to the demolition of five-story buildings. If the prefecture is not competent, please tell me what to do when I receive a subpoena. Sincerely, Natalia.

6.1. You have not fully stated the circumstances of the case - it is difficult to understand. If it’s due to demolition, then they can evict, but not anywhere. And to another housing. What is the problem?

Did the answer help you?YesNo

Where can they be evicted from their living quarters?

The place of residence of the children after the eviction procedure will be determined by where his parents or his legal representative will be . This norm is enshrined in Article 20 of the Civil Code of the Russian Federation.

Many lawyers have come to the conclusion that cases of eviction of minors are complex and it is better not to take risks, but to seek help from a qualified lawyer.

There is not a single article that clearly states that it is prohibited to evict minors . On the contrary, Article 31 of the RF Housing Code states that absolutely anyone can be evicted from an occupied apartment, regardless of their age.

But there is another point: the state must protect the rights of the child, therefore, when relocating him to conditions that do not meet sanitary and other standards affecting health and development, guardianship authorities may intervene in the matter.

Discharge procedure

A child under fourteen years of age is discharged by the father, mother or persons replacing them.

Older teenagers submit an appeal independently, but with the permission of these persons.

Non-compulsory discharge is carried out in a simple manner using the usual procedures:

Usual appeal.
Regular registration procedure.

In the first option, they are addressed to the passport service at the place of current residence, respectively, registration. We recommend that you read: The following is sent to the passport office:

parental consent;
passports.
child's identity document;
reason for discharge, statement;

Usually, within three days, the registration service sends a notice of deregistration of the child at the current place of residence.

Eviction occurs when you contact this service by submitting an application with the following attachment:

Permission from the other parent/guardian.
Your own passport.
Birth certificates, passport.

The procedure is applicable when leaving for a long time.

Impeding conditions

There are categories of citizens who cannot remain without a roof over their heads.

These people include:

Children who are under eighteen years of age and do not have parents or legal guardians . This category can be evicted from housing only with the permission of the guardianship authorities, who must be convinced that the child will be provided with an alternative place of residence. This norm is enshrined in the Resolution of the Constitutional Court of the Russian Federation dated June 8, 2012 No. 13-P.
You cannot evict a child if he has property rights .
If the guardianship authorities have refused to carry out the eviction.
If the home where the child lives is the only one for him.
Another case when eviction cannot be carried out is the participation of a minor in the process of privatization of housing.
The apartment from which the expulsion occurs is recognized as municipal.

When can a child’s mother be evicted from an apartment?

The legislation of the Russian Federation provides for grounds when the mother of a minor can be evicted from an apartment, but the child retains his registration. One of them is deprivation of parental rights. In this case, the minor is transferred either to a child care institution or to his father.

If after a divorce the child remains to live with his father, then the issue of the resettlement of the mother, who has not been deprived of parental rights, is decided in court. In this case, first of all, the interests of the child are taken into account, that is, in the case when this fact negatively affects the moral and physical condition of the minor, it is impossible to evict his mother. Also, the ex-husband will not be able to discharge his wife if she has financial difficulties.

Procedure

In order to file a lawsuit to evict children who have not reached the age of majority from an apartment, there must be circumstances of particular importance and a lot of evidence to present them in court.

There must be strong justifications that if the case has a positive outcome, the citizen will not be left without a place of permanent residence . If the court rules in favor of the plaintiff, then this will be the official document for the eviction.

Many citizens are thinking about whether it is possible to deprive children of a roof over their heads? Only the court can answer this question, so you need to go there to get an answer.

In such proceedings, a third party is usually present - a representative of the guardianship authorities.

The judge, of course, will take into account the arguments and evidence of all sides of this complex case and make a decision based on the legislative framework and rules of law.

If the court decides in favor of eviction, then, based on the court decision, the child is discharged and registered at a new address.

The eviction of children from the apartment is carried out according to a writ of execution.

There is a possibility that some citizens will interfere with the legal eviction, then bailiffs will intervene in the matter.

Arbitrage practice

The following factors influence the outcome of the case:

whether the child lived in the disputed living space;
legal regime of housing (dormitory, municipal housing, private property);
age of the minor;
with whom the child lived and with whom he traveled.

Statement of claim

The requirements for its preparation are defined (Article 131 of the Code of Civil Procedure of Russia).

When submitting, you must provide the following documents:

confirmation of payment of state duty;
papers certifying the authority of the representative;
the necessary evidence base confirming the validity of the claims.

Copies of documents are provided to the number of procedural parties and other participants in the process.

The claim states:

Information that fully identifies the participants in the trial.
The content of the claim must contain references to the normative and legal acts on which the claims are based, as well as the facts and circumstances that play a role in resolving the dispute.
If witnesses are called to court, information that identifies them must be provided.
Documents confirming marriage (Marriage Certificate).
Complete information about children.
Information about the maintenance and upbringing of children (who they live with, who is their guardian, other information is required).
Information about the ownership of real estate by the child and the parties to the dispute.
Information about the income of the parties to the dispute.

All specified information must be supported by documents, in some cases by testimony of witnesses.

Is it possible to evict neighbors from a communal apartment? Read the article: how to evict neighbors from a communal apartment. Eviction from official residential premises due to dismissal, read here.

The grounds and procedure for eviction of tenants from residential premises, read here.

Extract by court decision

The defendant is also subject to demands to be deregistered by the FMS authorities.

If the court makes a decision to evict the defendant due to the fact that he is recognized as having lost the right to use housing, such a decision will be a sufficient basis for satisfying the requirements for an extract.

Based on such a court decision, the registration authorities discharge the defendant, guided by the Registration Rules (clause 31) and Resolution No. 713 of July 17, 1995 (on approval of the registration rules).

Video: eviction of a minor from a residential premises

Peculiarities

Can they be evicted from an apartment with minor children? Each specific situation has its own characteristics for carrying out the procedure for eviction of children.

From a mortgaged apartment

Is it possible to evict a minor child from a mortgaged apartment? Many people mistakenly believe that a bank cannot take away a mortgaged apartment from a citizen if he has minor children and has nowhere to go.

In such cases, a credit institution can be guided by Article 446 of the Code of Civil Procedure of the Russian Federation, which makes it clear that lenders should not pay attention to the fact that residents have only one home, and this applies primarily to persistent defaulters on a mortgage loan .

Since mortgaged housing is not the property of a minor citizen, but is owned by a credit institution, this means that eviction is possible.

Only one conclusion can be drawn from this: you need to make timely mortgage payments so as not to create problems for your children. The bank will not make concessions or listen to excuses. For him, the most important thing is timely payment.

From council housing

Are there grounds for evicting a minor from public housing?

to ask residents to move out of a municipal apartment without the written consent of their parents who are planning to move to another place.

This is due to the fact that young children must live where their mother and father are.

Departure from office

If the period for which the agreement was concluded to provide the child’s parents with a service apartment has expired, then the child will be evicted on the same basis as his relatives . In this case, there will be no leniency even for a mother with a small child.

But there is one point: if the parents died and the child remained in service housing, then they do not have the right to ask him to move out.

Rules for the protection of children's rights

Children can live in any property on various grounds, which include:

the apartment or house belongs to the parents;
the parents directly registered a certain share in the housing in the name of the minor;
The child lives in the facility on the basis of a social tenancy agreement.

The child and his parents must have the right to housing, confirmation of their registration in this facility, as well as evidence of family ties.

Other features of this process include:

a positive decision regarding the need for eviction can be made if living in a particular facility is accompanied by a threat to the life or health of the baby;
upon eviction, there must certainly be another property where the minor will immediately move in and be correctly registered, therefore discharge to nowhere is not allowed;
evictions from housing are allowed if it does not meet sanitary standards or is in disrepair;
Often even relatives, when disputes and disagreements arise, try to manipulate each other’s small children, so during legal proceedings the presence of representatives of the guardianship authorities is certainly required to ensure that the rights of the children are not violated.

Eviction of a minor from privatized real estate

A minor citizen is evicted from a parental privatized apartment or house only to some other housing. We will discuss the reasons for this below.

There will need to be special circumstances to evict a child.

During eviction, guardianship officials monitor to ensure that future living conditions are not worsened. For example, in the previous apartment the child had his own separate children’s room, but in the new housing provided there is none. In this case, it will become difficult to obtain consent from the guardian.

Also, children often live with their parents in housing that does not belong to them under an oral agreement with the owner of the apartment or under a concluded rental agreement. But suddenly the owner may announce termination of the contract and eviction of the tenants. In this case, certain actions are taken.

We suggest you read: What does the tax deduction for an apartment depend on?

Statement of claim

After collecting the necessary documents, you need to draw up two applications: one will be addressed to the PLO, and after receiving permission, a statement of claim to the court at the defendant’s place of residence.

Please note that the application for the guardianship authorities is drawn up in any form. We have to go to court, so let’s look at the contents of the claim:

data about third parties, for example, the guardianship and trusteeship authority;
violations that prompted the plaintiff to go to court;
providing evidence in favor of the validity of the eviction of a minor from private housing;
the most complete description of the current situation;
date and signature of the plaintiff.
information about the defendant: full name, address, passport details, INN, SNILS;
claims (one or more - for example, recognizing a child as having lost the right to use an apartment and eviction);
Full name and current address of the applicant (plaintiff);
indication of attachments in the form of a list of documents (list);
the exact legal name of the district (city) judicial authority;

Please note that the price of the claim is not indicated - eviction from the apartment belongs to the non-property category of claims.

But if you want to recover material damage from the defendant, prepare a second claim with the price already calculated. But it is best to discuss such issues with a lawyer.

Filing a claim is a rather responsible event that affects the procedure for eviction of children and their parents.

We recommend reading the article “?”

Grounds and conditions

Based on judicial practice, the eviction of a child usually occurs for the following reasons:

termination of the parents' rights to use this living space (for example, the temporary registration period has expired);
the owner is going to sell the housing (Article 292 of the Civil Code of the Russian Federation);
he ceased to be a member of the owner’s family, since the owner is divorced from his mother and the judge made a decision on alimony in favor of this child (Article 31 of the Housing Code of the Russian Federation).
his parents are registered elsewhere;

A minor can be evicted either at the initiative of the owner of the square meters or at the request of the parents. If the housing is municipal, then in both cases it is necessary to obtain the consent of the board of trustees.

Without it, checkout from the apartment is impossible. Where is the child being evicted? According to the law - to where his father and mother currently officially reside (Art.

20 of the Civil Code). Read about the specifics of eviction from a service apartment, as well as eviction for debts, on our website.

What to do when moving children out?

In such a situation, you need to contact a qualified lawyer who will explain the situation and, if possible, prevent this process.

1. The law prohibits the eviction of a minor from an occupied apartment owned by the municipality. In case of demands, threats and even intimidation from local authorities, it is recommended to contact the prosecutor’s office or file a prepared counterclaim if the case is being considered in court.

2. The owner of privatized real estate has the legal right to evict any person who is not the owner from the apartment, even if it is a small child. But at the same time, parents can ask for some temporary delay to find suitable housing, and the court in this case most often agrees with this.

3. If one of the parents pays alimony for the maintenance of a small child, then the second, in the event of a sudden forced eviction, may make a demand for the allocation of a separate normal living space.

It is quite difficult to deal with all the existing intricacies of the issue regarding the eviction of a minor. Each case is considered unique, and the court, when considering a case, takes into account different circumstances, each of which can be considered serious.

What circumstance will not be taken into account can only be determined by an experienced and competent lawyer. Therefore, in this very pressing issue it is not recommended to rely on luck. When the first obvious signs of a problem appear, it is advisable to contact a lawyer.

We invite you to familiarize yourself with: Which government programs do citizens of Uzbekistan with a temporary residence permit in Samara fall under?