Is it possible to discharge a person from an apartment? Discharge a person from an apartment without his consent

Discharge a person from an apartment without his consent only through the court. There may be a lot of cases when eviction measures are necessary, but in any case, you will have to prove this in court, using only the facts. This article describes how to discharge a person from both a privatized apartment and a municipal one.

Conditions for removing a person from an apartment without his consent

So, what could be the conditions for evicting a person?

If the apartment was acquired by the owner before his marriage, then after the divorce, the rights of his spouse to this apartment are terminated, as well as the rights of his (her) relatives. This is what Article 31 of the Housing Code of the Russian Federation says. Former relatives who do not want to be discharged will quickly be forced to do so through the court, so in this case there are no obstacles from a legislative point of view, but your nerves will most likely get frayed.
Use of non-privatized property for other purposes< (а именно, если квартира принадлежит муниципалитету), причинение ему вреда, нарушение прав соседей (ст.91 Жилищного Кодекса).Такого жильца выселить достаточно просто: сначала заинтересованные в этом лица пишут заявление на имя квартиросъемщика, в котором излагают все свои пожелания и недовольства, затем ему приходит предупреждение. Оно, как правило, на него не действует, и дальше Вы прямиком можете обращаться в суд.
If a person does not live in an apartment for a long time, does not pay for utilities, but at the same time has other permanent housing, he can also be discharged through the court.
If parents are deprived of parental rights and, by a court decision, should not live with the child, they are evicted without being provided with another place of residence through the court. Art. speaks about this. 91 of the Housing Code of the Russian Federation.
If a person registered in the owner’s apartment after its privatization, i.e. the owner of an apartment can easily discharge a person registered in his living space, but this does not apply to minors. You cannot be discharged until you reach adulthood.
If a minor child living with his official guardian in another place is registered in the apartment.
If you received an apartment as a gift or by will, and someone is already registered in it.

How to discharge a person without his consent from a privatized apartment

On the one hand, this is the simplest thing when the apartment was purchased (or privatized) by one of the spouses before the wedding.

It is not difficult to discharge one of the spouses who is not the owner of this residential premises from a privatized apartment in accordance with Art. 31 Housing Code. Moreover, he should be discharged together with his family members.
If one of the spouses participated in the privatization of the apartment, and the other refused privatization, then this does not give the right to deregister him. Even if the spouse did not participate in the privatization of the apartment, he can still live in it, so it is impossible to deregister him without consent. The owner is still the only one who can dispose of the apartment, for example, sell it or rent it out, but these documents will necessarily contain information about the people registered there. And although they cannot dispose of the apartment, they have every right to use it for living purposes. It is not difficult to guess that it will be very difficult to sell an apartment with such an encumbrance: in fact, it is sold together with the persons registered there, whom no court will oblige move out. You can only get your former relatives discharged through persuasion.
If a person is absent for a long time (not for a good reason), does not pay utility bills and has another place of residence, then it makes sense to file a lawsuit, although it is not a fact that you will win the case.

The procedure for removing a person from a privatized apartment without his consent:

First you need to correctly draft a statement of claim about termination of the right to use residential premises, eviction and deregistration, or a statement of claim for the eviction of a former family member of the owner, is written to the district court at the location of the property. To draw up a competent statement of claim, I advise you to contact a lawyer or law firm that has knowledge and experience in this matter, because to draw up a claim you need to conduct a thorough legal analysis, because each situation requires an individual approach.
Contact the district court at the location of the property with the statement of claim, documents for the apartment (certificate of ownership and foundation agreement), additionally present the person’s debt for utility bills, payment receipts and, if the reason for eviction is divorce, then a certificate of divorce.
If the former spouse of the homeowner does not appear in court, he immediately wins the case. If a person who is “on the run” does not appear in court, then the process may drag on, not in your favor.
The court makes a decision about the person’s discharge, however, he may take into account his financial condition and, in some cases, oblige you to tolerate the former relative for some more time. In the worst case, he may demand that you provide him with other housing for this time, and you will have to unquestioningly obey the court's decision. So, in some cases, it may be impossible to immediately get rid of a fed-up ex-relative, and you will have to be patient.

There are also some nuances when checking a person out of a privatized apartment. Everything turns out to be much more complicated if the privatization was carried out by the spouses together, and even with the participation of the spouse’s relatives who are not the owners of the residential property. According to the same article (Article 31 of the Housing Code of the Russian Federation), it will no longer be possible to write out former family members so easily, because if they refused privatization, then they gave up their share of the apartment in favor of the right to live in it, so it will be impossible to write them out.

The only option in this case is to exchange the apartment, and then only with their consent. Accordingly, you cannot simply sell the apartment.

You can also discharge a person from the apartment who will spend the next few years in prison. You just need to take into account that upon returning from places so remote, he may well demand that he be re-registered at his previous place of residence. And if by this time other owners have already sold the apartment, the newcomer will be able to challenge the deal in court, and, most likely, the court will be on his side - especially if he has nowhere else to live.

How to discharge a person without his consent from a municipal apartment

A municipal (not privatized) apartment is the property of the municipal housing stock (city administration), which in this case acts as your landlord, i.e. rents out an apartment to you. The tenant is the person registered in this apartment who needs to be evicted. How to be in this case? The main questions are answered by Art. 91 Housing Code. Under what conditions can you evict “undesirables”?

If the tenant is rowdy and constantly violates the rights of neighbors and other residents in the given living space;
If he does not pay utility bills for more than six months, the court will order him to evict with his entire family, and other tenants living in this apartment are not obliged to pay utility bills for him;
If he uses his living space for other purposes;
If, as a result of improper operation, the condition of the housing worsens, or is even at risk;
If you are divorced, but have to live together, you can write out your former relative only if he has another place to live.

The action plan in such cases is as follows:

First, you must notify the owner (that is, the municipal authority) of the tenant's inappropriate behavior so that he can send him a written warning. You can be guided by Art. 91 Housing Code.
Then you can draw up a statement of claim for termination of the right to use the residential premises, eviction and deregistration, written to the district court at the location of the property. To draw up a competent statement of claim, I advise you to contact a lawyer or law firm that has knowledge and experience in this matter, because to draw up a claim you need to conduct a thorough legal analysis, because each situation requires an individual approach.
Contact the district court at the location of the property with a statement of claim and documents for the apartment. Certificates of debt on utility bills will also not hurt.
The court will conduct an investigation and if during it all complaints against a person are confirmed, then he will be evicted by court decision.

But here, too, there may be pitfalls. For example, regarding a person who has been absent from the apartment for a long time. According to Art. 71 of the Housing Code, temporary absence in itself is not a reason to evict a person. How to solve this issue? In accordance with Art. 72 of the Housing Code, you have the right to a forced exchange of a municipal apartment.

Also, if your ex-husband does not pay for utilities, this is also not a sufficient condition for his (her) eviction: regardless of who in the family pays, everyone registered on it can use the living space. This is especially true in cases where the spouse does not pay because he does not have personal income due to health problems, or because he cares for small children or disabled elderly people.

How to discharge a person without his consent from a donated apartment

Article 292 of the Civil Code of the Russian Federation makes it quite clear that if an apartment is transferred to you by inheritance or under a gift agreement, then you have every right to discharge persons who live in it and do not want to be discharged. This is done through the court. For example:

If you have been given an apartment as a gift, then you can, through the court, discharge the persons living there, on the basis of clause 2 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.
If your spouse, during your marriage, gave you his apartment, then you can write him (her) out only after a divorce, then Art. 31 Housing Code.

If minor children are registered in the apartment you donated or inherited, you will not be able to discharge them, especially when they do not have additional housing. However, if the children have additional housing, then the court may approve your eviction application.

Approximate procedure:

First, you need to correctly draw up a statement of claim for termination of the right to use residential premises, eviction and deregistration, written to the district court at the location of the property. To draw up a competent statement of claim, I advise you to contact a lawyer or law firm that has knowledge and experience in this matter, because to draw up a claim you need to conduct a thorough legal analysis, because each situation requires an individual approach.
Then you need to go to the district court at the location of the property with a statement of claim and a gift agreement, or with a document of inheritance.
Also you need a document confirming the transfer of ownership of the apartment for the specified reason(certificate of state registration of property rights) and divorce certificate.
When considering a case, the court will make a decision on termination of the right to use residential premises and deregistration.

When checking out of housing, people often have the question: “Is it possible to check out of an apartment going nowhere?” Situations are different: in some cases there is simply nowhere to register, in others the procedure does not make sense. Let's look into this issue.

Check out from the apartment

People planning to leave their apartment for nowhere are usually overwhelmed by a lot of questions. Therefore, it makes sense to understand the nuances.

So, is it possible to check out of an apartment to nowhere? To answer this question, you need to analyze legal documents. So, Russian legislation assumes and allows situations when a person is discharged and does not provide information about his plans for a new registration. This situation is possible:

When selling real estate and investing the proceeds in the construction of new housing on the basis of equity participation.
When emigrating.
When selling real estate by an owner who does not have any family relations with the residents registered in the apartment.
When confiscation of housing for debts in favor of a creditor.

Therefore, there is a very clear answer to the question of whether it is possible to check out of an apartment to nowhere. According to the law, there is no restriction on deregistration, except for the irresistible desire of the person himself.

However, it should be remembered that mandatory registration (permanent or temporary) is provided for by law and must be completed within ten days from the date of discharge. Otherwise, a fine will be imposed on the citizen at the end of the month.

Homeowner's rights

The owner of the property is not obliged to provide other premises for residence and registration of those citizens who are registered at this place of residence. But there are also exceptions to the rule. The owner cannot demand to be checked out of the apartment to nowhere:

Close relatives.
Minor children.
Citizens who legally refused to participate in the privatization process in favor of relatives, but at the same time retained their rights to live in an apartment.

What to do if there is nowhere to register?

What to do if you need to check out of your apartment and go nowhere? After all, there is not always new housing in which you can register. This situation occurs very often.

Those who were left without registration and without housing, as well as those who invested money from the sale of real estate in shared construction, need to independently solve the housing problem that has arisen.

Perhaps the only option is to obtain a temporary residence permit or registration at the place of new stay. Such a place could be a medical facility, a shelter, or the addresses of friends or relatives.

The discharge procedure itself, as well as temporary registration, is carried out according to standard rules.

What documents are needed for discharge?

“I want to check out of my apartment and go nowhere, what do I need for this?” - this question often comes to mind when solving the housing problem.

Firstly, an extract is possible only on the basis of:

A voluntary decision of the citizen himself.
Statements from the homeowner.
By decision of the judiciary.

Secondly, in order to issue an extract, you need to provide a number of required documents:

First of all, this is a passport.
Documents on the rights of ownership of this premises.
Standard application.
Registration of a departure slip.
Departure sheet for those traveling outside the country.

The documents are submitted to the UMFS department, after which they are reviewed within three days. After this, the passport is returned to the citizen with a note indicating that it has been deregistered.

We have considered in some detail the question of how you can check out of an apartment to nowhere. Let's now talk about what the penalties are for failure to register.

Penalties for lack of registration

According to the law, lack of registration deprives a person of the opportunity to take advantage of all social benefits, as well as many other benefits provided by the state.

If you decide to check out of your apartment before selling it or for some other reason, you must take into account that you will not be able to:

Officially get a job.
Change or get a passport.
Apply for benefits, pensions or other social benefits.
Get at least some free medical care.

According to the law, the presence of a person on the territory of Russia without registration is considered by law enforcement agencies to be a violation, which is punishable by a fine of several thousand. The amount depends on the region (in large cities - 3000-5000 thousand rubles, in small cities - 2000-3000 thousand rubles).

Some facts

If you do not want to pay fines and be able to exercise your civil rights, then it is preferable to keep the period of being without registration to a minimum.

The provision for a fine is enshrined in law, and therefore it will have to be paid not only in the event of a long absence of registration, but also for delaying the seven-day period allotted for new registration. If a person stays at a new temporary place of residence for more than three months, then he is also required to register.

How to check out online?

As you understand, in order to be discharged, you need to personally submit an application and your documents. Of course, this raises the question of whether everything can be arranged without a personal visit.

The law provides for this possibility. You can check out of your apartment to nowhere through the “State Services” (portal). To do this, you first need to register on the site if you have not yet used its capabilities. Then you should go to your personal account and submit an application indicating the document numbers. However, it should be noted that to obtain the result, you will still have to appear in person and provide the originals of absolutely all necessary documents.

To fill out an application, you need to select the “Migration Service” section on the main page. Next, you fill out the proposed fields. Within three days you must be notified of the invitation to the FMS to receive a response with all documents. We would like to emphasize that all services are free for Russian citizens.

How are things going with the child’s discharge?

Another frequently asked question by parents: “Is it possible to leave the apartment for nowhere with a child?” Not everything is so simple here, so let’s take a closer look at this issue.

The simplest option is to deregister the child with the full consent of the parents, as well as if there is a place where the child can be further registered. Moreover, with these changes, his living conditions should not worsen.

You need to know and remember that discharging a child anywhere is not permitted by Russian law. However, there are some exceptions.

A situation often arises when a child is registered in one place, but actually lives in another. In this case, the law recognizes the child’s place of residence as the apartment where his parents or guardians live.

In a situation where the child is registered with a person who is not a relative, but actually lives with mom or dad, this may become a completely legal basis for sending an application for discharge to a federal judge. If the parents divorce and the child, for example, is registered with the father, then the mother may demand that he be discharged from there in order to register him in her apartment.

Procedure for discharging a child

The fact that the housing is privatized is very important. If the child was a participant, then he can be discharged only with the permission of the guardianship authorities. The proceeds from the sale of his share should be used to purchase a new home for the child or should be deposited into his personal bank account.

To deregister you will need the following documents:

Permission from guardianship authorities.
Application from guardians or parents for a child under 14 years of age.
Certificate of registration and document on the right to own housing.
Applicants' passports and child's birth document.

If the apartment is privatized, but the child did not participate in the privatization, then permission from the guardianship authorities is not required. However, the law requires the provision of a new place of registration for the baby. In this case, to deregister you will need:

Parents' passports.
Registration certificate for new housing.
Birth document for the child.
Statement from parents.

Discharge of a child who is not the owner

When discharging a child from public housing, there are some nuances. The following documents will be needed:

Passport of the person submitting the application.
Lease contract.
Child's birth document.
Document on registered citizens.
Application (must be completed by both parents, even if they are already divorced).
The technical passport of the housing from which the child is being discharged, and the technical passport of the new apartment where they plan to register the baby.
Lease agreement for new housing, if it is municipal.
If the housing is owned by someone, then you need to provide a document of ownership.

When discharging a child who is not the owner, permission from the guardianship authorities is not necessary.

Is it possible to sign out using a power of attorney?

According to the law, you can be discharged from an apartment to nowhere using a power of attorney if the person himself does not want or cannot for some reason contact the FMS. To do this, the application for deregistration must be certified by a notary, and a power of attorney must be issued for the actions of another person.

However, it should be taken into account that not all FMS branches recognize notarized documents. As a rule, they prefer to see the person himself rather than a paper power of attorney. Therefore, you should first consult on this issue at your passport office, and then notarize the documents.

Your representative must submit to the FMS not only the collected documents, but also his identification card, and also hand over your passport.

Extract nuances

Another question that arises among citizens is the following: is it possible to be discharged from an apartment to nowhere from the bailiffs? Registration itself has nothing to do with the issue of debts. Even if the bailiffs have a decision to collect debts, this should not affect the freedom of movement.

As for the FMS, they are not interested in this issue, since it is not within their competence. If you want to check out of the apartment in order to prevent the bailiffs from seizing the property, then this option is possible if you are not the owner. If you participated in privatization, then the performers are of little interest in registration: in fact, the housing is considered yours, which means it is your property, which they can describe to pay off debts.

Other reasons for deregistration

There may also be other reasons for discharge:

Conscription for military service.
Death.
A person serving a sentence in a colony.

An extract can also be made by decision of the judicial authorities, even in the absence of a citizen:

When a person is declared missing or dead.
In case of loss of property rights.
Upon cancellation of a previous registration.

Statement upon sale

If you want to be discharged to nowhere when selling property, then you need to write an application at the passport office. It must indicate the place of new registration. In principle, you can enter any address there, and then, when registering a new address, enter the real one. You will also need to provide your passport and possibly your homeownership document.

When deregistering, you will be given a departure slip. It must not be lost, as it is needed for subsequent registration. Its effect lasts no more than thirty days.

Instead of an afterword

We hope that our article will be useful for those who are planning to be discharged somewhere, and our information will be the answer to at least some of the important questions that arise in the process of preparing documents.

The deregistration or termination of the right to use residential premises is initiated by the owner or tenant of the apartment. Life is full of surprises, so a relative registered yesterday can today become a completely “stranger” person. It is logical that over time the owner will think about whether to expel the relative from the apartment?

Russian legislation allows family members to be deregistered. This happens either by their consent or through the court. The first case does not cause any particular difficulties. Forced discharge is much more complicated, as it lasts for several months. And yet, the owner, as chief, has the right to expel relatives from the apartment (clause 1 and clause 2 of Article 288 of the Civil Code of the Russian Federation).

Conditions and grounds

The grounds for expelling relatives from an apartment are related to their living conditions.

Extract is possible in the following cases:

The registered relative lives elsewhere

Having registered in an apartment, a relative can move to live in another housing. But most often, a person’s absence from his place of registration is due to his disappearance or being in prison. There will be no difficulties with the discharge of such relatives. The owner needs to go to court and get copies of the decisions.

Divorce

Termination of family relations between spouses is the basis for exclusion from the apartment (clause 4, article 31 of the Housing Code of the Russian Federation). True, if the apartment was acquired in a joint marriage, then both spouses have shares. It will not be possible to deprive an ex-husband or wife of their legal share.

Two of our articles are devoted to a separate consideration of the issue, and.

The relative is not fulfilling his duties

A familiar situation: the owner of the apartment registered a distant relative, but the latter began to become rowdy, accumulate debts and damage the property in every possible way. The apartment manager has the right to discharge and evict such a relative through the court.

The list of reasons stated above is not exhaustive. The legal owner of the property has the right to expel a relative for personal reasons. Let's say, in the absence of help in everyday affairs. But these are rather indirect grounds that can be used to supplement the presentation of details for the court.

Which relatives cannot be discharged?

When starting the procedure, keep in mind that not all family members can be discharged from the apartment, even by court.

It is prohibited to deregister family members who participated in the privatization of housing (Article 31 of the Housing Code of the Russian Federation). Typically these are parents, children or spouses.
It is impossible to discharge a temporarily absent tenant or tenant from a municipal apartment if the latter do not violate the rules for using residential premises (Article 71 of the Housing Code of the Russian Federation).
A ban has also been imposed on the discharge of minors living with their parents (Article 20 of the Civil Code of the Russian Federation). Especially if the child changes one place of residence to another with obviously worse living conditions. It is also prohibited to discharge children if they have a share in a privatized apartment.

Thus, difficulties arise when canceling the registration of co-owners of housing, tenants of a municipal apartment and children. This is especially true for the discharge of children in the event of the sale of an apartment by their parents. Read about all the nuances in ours.

How can an owner expel a relative from an apartment?

The owner of a residential premises has the right to discharge residents without their consent. Situations with relatives often lead to legal proceedings. Let's consider the procedure for discharging family members with and without consent.

Procedure for voluntary discharge

Maintaining good family relationships is beneficial when leaving the apartment. Under the most favorable circumstances, the owner does not even need to participate in the discharge personally. Any tenant has the right to deregister at his own discretion.

Algorithm for discharging a registered relative from an apartment by consent:

The relative collects the necessary documents.
Contacting the Migration Department of the Ministry of Internal Affairs or the State Budgetary Institution “My Documents” (former MFC).
Filling out an application in form No. 6.
Written consent of the owner of the new apartment (if the deregistration occurs along with the registration).
Transfer of a package of documents for registration.
Visit to the migration office to get your passport stamped.

It is advisable to always negotiate amicably - this will save your nerves, time and money.

Judicial procedure

The absence of the relative's consent to a peaceful discharge pushes the owner to go to court.

Instructions for discharging a relative from an apartment in court:

Send a written complaint to a relative. Point out that the tenant is violating the rules of residence and threaten to expel him.
Wait for a response. There are cases when relatives come to their senses and eliminate the violations. Then there is no need to go to court. But more often than not, the owner’s claims are simply ignored - this is a clear reason to evict a relative without his consent.
Prepare documents for the court. Be sure to consult with a lawyer. Discharge of relatives is difficult. Especially if the case goes to court.
Go to the bank and pay the state fee for filing a claim. We will look at the cost of the procedure below.
Contact the court office at the place where the apartment is registered. Submit the statement of claim and documents to the duty secretary.
Attend a pretrial hearing. The judge may ask you to provide additional evidence or papers.
Attend key hearings. Even if there is no defendant (relative), the court makes a final decision without him.
Get a copy of the writ of execution. Having a court order in hand, you can safely discharge your relative from the apartment.
Submit the writ of execution and application to the Department of Migration inspectors. Next, all that remains is to wait for the registered tenant to be discharged.

The forced discharge of relatives requires the presentation of serious arguments. It is recommended not to limit yourself to just one reason. For example, if a family member does not live in the apartment, then he does not pay utility bills - a ready basis for litigation.

Statement of claim

When drawing up a statement of claim in court, follow the rules. The application form is simple written. You are allowed to fill out the claim by hand or enter information using a computer.

What to include in the statement of claim:

name of the judicial body (according to the structure);
Full name of the plaintiff, contact details - similar information about the defendant (relative);
information about the defendant’s residence in the owner’s apartment;
requirement to discharge a family member;
grounds for discharge;
list of documents for the court;
date and signature of the plaintiff.

Documentation

The owner who is the plaintiff attaches documents to the application. It all depends on what grounds the apartment owner relies on.

A package of documents for the discharge of a registered relative through the court:

passport (original + copy);
legal documents for the apartment (sale and purchase agreement, deed of gift, certificate of inheritance, etc.);
statement of claim;
a copy of a certificate of family composition (needed to establish the fact of registration);
apartment or house book;
owner’s personal account (if a relative does not pay rent);
court ruling declaring a relative missing (depending on the situation);
certificate of ownership;
a copy of the verdict to send a relative to prison (as appropriate);
testimony of neighbors about the inappropriate behavior of the registered tenant (audio, video, written or oral);
other evidence.

The transferred papers are formed into a single package. Having accepted the documents, the secretary of the office will give you a receipt. Immediately after the publication of the writ of execution, it will be possible to receive the documents back.

Price

The difference between voluntary and forced discharge is not limited to the procedure. It’s also worth mentioning the cost. Filing a claim in court will cost at least 300 rubles(Article 333.19 of the Tax Code of the Russian Federation). Costs may be associated with the collection of certain types of certificates.

A regular extract is not subject to state duty. It is believed that termination of registration is a voluntary expression of the will of the resident. Costs are usually associated with third parties. For example, if this is an extract from a registered relative by proxy, you will have to pay for notarization of the documents.

Deadlines

Registration takes 3-5 days at most. Simultaneous registration and discharge require a longer period - from 14 to 30 days. But this is in case of termination of the right to use residential premises with the consent of a relative. Going to court increases the waiting time for a result – court hearings last 2-3 months. The process may take longer due to the complexity of the case or the defendant's ongoing appeals.

You can find out more about the deadlines for checking out of an apartment from our

Extract nuances:

Parents

Termination of registration of closest family members is accompanied by objective difficulties. It is unlikely that it will be possible to discharge the mother or father “to nowhere.” Especially if the parents have no housing other than a rented apartment. A common case of discharge of registered parents is when the mother and father do not live in the children’s living space.

Example: An elderly couple lived in the apartment of their only son. The owner of the apartment was the son, who registered his mother and father with him. Apart from the indicated living space, the married couple had no housing. Soon the young man met a woman, and his parents decided to move into a rented apartment. The son and his chosen one intended to sell the apartment and use the proceeds to take out a more promising mortgage. There was a need to discharge the parents. Mother and father were categorically against it, considering entering into a mortgage a dubious idea. Unable to obtain the consent of his relatives, the son went to court. Having learned about this, the mother and father said that they moved out of the apartment temporarily. The parents promised the court that they would return to their son’s apartment and pay part of the utility bills. As a result, the court rejected the son’s claim to expel the family members registered in the apartment. The reason is the lack of alternative housing for elderly parents.

Minors

The removal and eviction of children from an apartment is closely intertwined with family law. You can’t just deprive a child of a roof over his head. Especially if the owner of the property cannot provide minors with better conditions in another apartment.

The opposite situation is if the parents are divorced and the mother has better living space, the father has the right to expel the registered child from his apartment. Actions are coordinated with the guardianship and trusteeship authorities. It is impossible to remove a child from the apartment without their written approval.

Example: Nikitenko V.G. appealed to the court with a request to discharge the child from the apartment. As it turned out, the couple divorced a long time ago and the mother took the baby to her apartment. Nikitenko also had a separate living space, but of a smaller size. Despite the move, the child was still listed in the man’s apartment. Nikitenko’s ex-wife categorically did not want to discharge the child. Therefore, the man contacted the guardianship authorities and secured their consent. The basis is the discharge of the child from the father's apartment to the mother's apartment, and in fact - to better living conditions. The court granted the claim and Nikitenko discharged the child from his apartment.

Daughters-in-law

There are no particular difficulties in discharging a previously registered daughter-in-law from an apartment. Let us remember that the daughter-in-law is the wife of the son (the wife of the brother). The dissolution of a marriage automatically ends family ties between the spouses. Consequently, the daughter-in-law will be a stranger to the groom's parents or brother. The latter can easily terminate her previous right to use the residential premises.

Example: Glukhov’s wife did not have a permanent residence permit, so the groom’s parents registered her in their apartment. But family life did not work out and soon the young people divorced. The daughter-in-law rejected offers to sign out voluntarily, citing work and study at her place of residence (they require registration). But the parents were not happy with this - without obtaining consent from their daughter-in-law, they filed a claim in court. Reasons for discharge: daughter-in-law living in another place, non-payment of utility bills, lack of help with housework + termination of family ties with her son. When making a decision, the court took into account not only the termination of family ties of the Glukhovs (Article 31 of the RF Housing Code), but also the owner’s right to dispose of property (Article 288 of the RF Civil Code). The daughter-in-law was legally discharged from the apartment.

Brothers, sisters

Relatives in the form of brothers and sisters are discharged from the apartment on a general basis. In order for the cancellation of registration to take place, it is necessary that the brothers/sisters do not have a share in the apartment. If they are co-owners, then the extract will be significantly more complicated.

Example: The municipal housing tenant registered Samsonov in the apartment as his brother. the latter needed registration in the city. But Samsonov continued to live alone - his brother practically did not appear at his place of registration, preferring to live with friends. As a result, my brother began to accumulate debts for living space. The tenant had to pay utility bills himself. Having passed the boiling point, Samsonov contacted the administration with a complaint. The warnings had no effect, as a result of which the administration and Samsonov went to court with a request to discharge his brother from the “communal apartment.” The main reasons: the absence of a brother at his place of registration, debts to housing and communal services, periodic drunken quarrels with neighbors. The evidence presented to the court confirmed the grounds for the discharge. The district court published a writ of execution for the eviction of Samsonov’s brother from municipal housing.

Grandparents

Grandparents are close relatives, but in fact they are not parents. Therefore, they can be written out on a general basis. For example, living at a different address or disturbing public order in the house.

Example: Grandmother lost the only roof over her head. The adult grandson arranged for her to register with him - in fact, the grandmother lived in the same city, but with distant relatives. A few months later, the grandson needed money. He wanted to urgently sell his apartment. Having decided on a potential home buyer, the grandson suggested that the grandmother deregister. My grandmother had nowhere to live, so she didn’t know where to go. This did not stop the calculating grandson. He went to court to forcibly discharge his grandmother. Reason: living at a different address, non-payment of utility bills. The claim was granted, but the court decided to temporarily retain the grandmother’s registration in the grandson’s apartment. This measure allowed the grandmother to eventually find permanent housing and register with her granddaughter.

From a council apartment

Municipal property belongs to government bodies represented by municipalities. All property matters are managed by the district administration. The expulsion of tenants and residents of municipal apartments occurs in two cases: by agreement or through the court.

Grounds for termination of registration in municipal housing:

Debts to utility companies – no payment for more than 6 months.
Creating unbearable living conditions for neighbors.
Damage to property in an apartment or house.
Inappropriate use of residential premises.
Resident living elsewhere.

The deregistration process begins with a complaint to the owner, who is the District Administration. The negligent relative will first receive a written warning. If violations persist, you will only have to seek help from the court.

From a privatized apartment

Private housing belongs to individuals. The owner of the apartment has the right to write out a registered relative. For example, due to the termination of family relations (clause 4 of article 31 of the RF Housing Code). But only if the relative did not participate in privatization and does not have a share in the apartment.

Termination of registration in a privatized apartment occurs both with and without the consent of a relative. Forced discharge is more difficult, especially in the case of close relatives. The main manager of the apartment needs to confirm that he is the owner. A certificate of ownership from Rosreestr will do. Then you can easily write out a relative, based on Art. 209 of the Civil Code of the Russian Federation.

How to protect your rights?

To conclude this article, let’s get acquainted with useful tips from the lawyers of our portal:

If a relative does not live at the place of registration, you need to confirm that the tenant has an alternative place of residence. Testimony from neighbors, unpaid receipts (if the personal account is not shared) and other evidence are ideal.
If a relative does not pay rent, debts are more of an indirect reason. Especially if the bills come to the owner, and not to the persons registered in the apartment. Alternatively, wait six months - then the housing department or homeowners association will be interested in the tenant. It is quite possible that the utility workers themselves will file a statement of claim in court for an extract.
If a relative is rowdy, collect testimony from neighbors and back them up with fresh protocols from the district police officer. Discharging a troublemaker in a municipal apartment in this way is as easy as shelling pears.
If a relative damages property, start with a verbal suggestion, and then notify him in writing. You can defend your rights in court only after sending a claim to the violator. To establish damage to property, you can hire an appraiser. The claims will concern not only the eviction of the violator, but also compensation for the damage caused to you.

- this is what allows you to use living space regardless of whether a person has ownership rights to it.

In this regard, sometimes a situation arises when a conflict arises between the owner and the registered person regarding the use of housing.

Every citizen of Russia is required to be registered, but this does not mean that everyone must own personal housing. So the people registered in the apartment are not necessarily the owners. You can be registered at a specific address, but not have any rights to dispose of living space.

Can the owner of the apartment write out the registered person without his consent?

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Does the apartment owner have the right to evict tenants?

The owner of a home (apartment, private house) has every right to deregister persons registered in the apartment.

However, if the registered person refuses to consent to discharge, this creates a number of difficulties. In this case, the tenant will have to be forcibly evicted.

This does not negate the fact that the owner has the right to forcibly deregister residents, but it will be somewhat more difficult to implement this.

Can they issue an extract from a private home? Of course, the owner has the right to do this.

This article also establishes On what grounds can a person be forcibly discharged:

The tenant uses the living space for other purposes. For example, if a business is illegally opened on the territory of the apartment;
The actions of the tenant lead to deterioration in the quality of housing or damage to property;
The tenant deliberately violates the rights and interests of other residents of the house.

Among them are the following:

All documents and the completed statement of claim must be taken to the district court office. In most cases, if there are no reasons why the tenant cannot be evicted, the court makes a decision in favor of the apartment owner.

If the court rules in your favor, the person registered in your apartment no longer needs to do anything. Now you can forcefully evict him yourself. After the court verdict is announced, you have the right to receive the court decision in your hands. Next, you will need to write an application to remove the tenant from the place of registration and, together with the court decision, take it to the passport office. Three days after this, the tenant will be deregistered.

What to do if a person is forcibly evicted from his apartment, but he has no intention of leaving it?

In this case, you should contact bailiffs. Since deregistration is a court decision, the bailiffs will defend him and carry out a forced eviction from the apartment.

Discharge of a person not living in the apartment

If the person registered in your apartment does not actually live there, you can discharge him without going to court.

Is it true, without his personal consent this can be done only in certain cases:

In other cases, you will have to contact again. Here you will also need an act from the local police officer, which will confirm that the person does not live at the place of registration.

Who cannot be discharged

There are several categories of citizens who, in principle, cannot be discharged from their apartment without their consent.

These include the following:

You can find out about the discharge of an adult son and other relatives of the owner in our.

If you are the owner of a home, then removing registered residents from it is your right, and the court will be on your side unless circumstances limiting your rights are revealed. The law protects private property, so the person who owns the apartment always has more rights to it than other registered persons.

You will need

- passport;
- certificate of ownership of the apartment;
- an extract from the house register or a copy of the financial and personal account (preferably both documents);
- documents confirming the fact that the person they want to discharge does not live in the apartment (if available);
- witnesses;
- statement of claim;
- receipt of payment of state duty.

Instructions

The easiest way is if the tenant, who is not your relative, does not object to deregistration. To do this, he must go with his passport to the passport office at the place of residence or future new registration. In the first case, he needs to fill out an application for deregistration. And in the second - a tear-off coupon for the application for registration at the place of residence.

Contact the court if for some reason the tenant does not want to be deregistered himself or it is impossible to contact him, you do not know how to find him, etc. Since the potential defendant is not your relative, you only need to prove to the court your right of ownership on the premises and the fact of registration of an outsider in it.

Collect documents confirming that a stranger is registered in your apartment. To do this, an extract from the house register (taken from the passport office of the engineering service, EIRC, management company or Federal Migration Service - depending on the region) of the financial and personal account, which is taken from the management company or EIRTs, is sufficient. You can take both documents. They are provided free of charge to anyone registered in the apartment upon presentation of a passport. In principle, these documents and a certificate of ownership of the property are sufficient, but if desired and possible, you can provide the court with additional documents indicating, for example, that the person does not live in the apartment, for utilities, etc.

If desired, prepare receipts confirming that you or someone else has paid for utilities.

Talk also, find out which of them has the time and desire to confirm in court that the person you want to discharge does not live in the apartment. It is optimal if there are at least two witnesses. It is highly desirable that they are not related to you.

Prepare a statement of claim. State in it whether you live in the apartment, are its owner, under what circumstances a stranger was registered in it or you became aware that he was registered there, formulate a request for his eviction in accordance with Article 35 of the Housing Code of the Russian Federation. Your desire to write it out according to the law is a sufficient basis for a decision in your favor. However, if available, you can indicate additional ones: does not live, does not