How can an owner evict a disabled person from an apartment?

Discharge of a disabled person from an apartment with his consent

If the disabled citizen himself does not object to deregistration, the deregistration procedure proceeds without difficulty. State bodies will be able to begin consideration after the citizen (or his official guardian) submits a corresponding application. There may be several nuances in this issue, depending on a number of circumstances:

If a disabled person is able to move independently

In this case, he needs to personally contact the Federal Migration Service of Russia and go through the discharge procedure. To do this, you will need to provide a minimum set of documents:

Passport of a citizen of the Russian Federation;
Identification code;
Certificate of disability;
Certificate of family composition;
Document confirming ownership (if any). This may be a purchase and sale agreement, an agreement and exchange, or a deed of gift.

If a disabled person is under guardianship

Having a notarized document on guardianship of a disabled person, the legal representative of a person with a disability can apply to the Federal Migration Service. To do this, you will need to have an application signed by the citizen being deregistered, a passport of a disabled person, a passport of a guardian of a legal representative, an identification code, a certificate of family composition, a document confirming ownership (if any) and a certificate confirming guardianship.

If a disabled person is unable to move independently

The discharge procedure in this case largely coincides with the process of deregistration of a disabled person under guardianship. The legal representative of a citizen deregistering or his guardian can contact the Federal Migration Service. The package of documents includes:

Certificate of legal representative or guardian;
Certificate of disability;
Passport of the legal representative or guardian;
Identification code;
Title document for housing (if available).

In addition, if there is a notarized power of attorney issued by a citizen with a disability, any person can apply to the Federal Migration Service. According to the law of the Russian Federation “Rights of citizens to free movement and choice of place of residence within the Russian Federation” dated June 25, 1993 (No. 5242-1), in the absence of factors preventing the deregistration of a citizen with a disability, deregistration is carried out within 3- x working days .

Is it possible to evict a disabled person from an apartment - legality of the procedure

In cases where a disabled person living in a residential building violates the rights of the owner of the apartment and his family members, it is possible to evict him in the same way as people without health limitations - through the court. Individuals and legal entities who have rights to this living space can demand eviction.

However, if a disabled person was registered in the spouse’s apartment, after the termination of the marriage he does not have any advantages due to his status and is subject to eviction as a former member of the owner’s family. The disability group also does not matter when eviction is based on this basis. The only thing a former spouse with a disability can count on is a deferment of the execution of the court order on discharge, so that during this time he can find other housing.

In the absence of a guardian, the person being discharged applies to the Department of Internal Affairs of the Ministry of Internal Affairs, who can also issue a power of attorney, certified by a notary, to any representative. A power of attorney gives the right to initiate a procedure without personal presence. You need to collect a set of papers.

For non-owners, the extract is carried out according to the generally accepted procedure with consent.
In the absence of consent, deregistration is accompanied by a number of difficulties. The article of the Housing Code of the Russian Federation states that in order to resolve such situations it is necessary to go to court. The court's decision will depend on whether the disabled person is the owner, whether he lives in the apartment, or whether he is declared missing.

collection;
record;
systematization;
accumulation;
storage;
clarification (update, change);
extraction;
usage;
transmission (distribution, provision, access);
depersonalization;
blocking;
deletion;
destruction.

As a rule, disputes about the eviction of citizens from residential premises require an extensive evidence base confirming the loss of the right to use, and in some cases other circumstances (for example, the availability of another residential premises or the ability to purchase or rent it). Eviction cases are usually considered in 3-4 court hearings, rarely faster.

To the question, can a disabled person of 2 groups or 1 group be evicted from an apartment? You can answer that they can even in municipal housing. Such a reason may be a disease that is a threat to people living nearby, for example, an open form of tuberculosis (Resolution No. 378 - list of diseases). But such resettlement involves the provision of other living space.

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When allocating other housing, the conditions for provision must be met. This housing must meet technical and sanitary standards and be located in the same locality. For example, for wheelchair users who lived on the ground floor with an equipped exit, the room should be of exactly this type.

If you need to evict a disabled person without consent

If there is a need to evict, but without consent, you must adhere to certain rules. If he is not the owner, then you can vacate the premises when:

Premises intended only for residential purposes are not used for their intended purpose (trade, office, warehouse).
A disabled citizen has not lived in an apartment for more than a year.
Failure to pay utility bills.
Damages the premises, creating a danger to the health of other residents or the entire house as a whole.

All of the above points can contribute to eviction even when a disabled person is the owner.

If you need to write out without reasons and evidence of violations, then the idea will not end successfully. Evictions can only be made when some offense has been involved.

Reasons and reasons

Is it possible to discharge a person from an apartment to nowhere if he is not the owner?

Can . Both at one's own request and not entirely - this applies to any registered person, even a minor.

Despite the fact that many legal websites claim the opposite.

In fact, here, as is usually found in legislation, there is a clash of two norms that largely contradict each other.

Can a person check out of an apartment to nowhere of his own free will? You can always deregister voluntarily Forcibly , in principle, too - both from a private apartment and from a state-owned one.

Who has the right to live in the apartment

One of the negative aspects of shared ownership is the possibility of selling the share to third parties. Thus, strangers may one day move into the living space. Therefore, it is important to decide who can live in the residential premises.

The following persons have the right to reside in a privatized apartment:

share owners;
citizens with permanent registration;
persons with temporary registration;
minor children of citizens of all the above categories.

In essence, registration gives the right to move into a residential premises. The exception is for owners. They can move in without registration. However, many situations must be considered individually.

Is it possible to discharge a disabled person from an apartment to nowhere if he is not the owner?

Well, since he lives in someone else’s apartment, and the heirs are not ready to live with a stranger, then they generally have the right to dispose of the apartment as they want - to sell it, for example. To do this, they need to discharge everyone registered from the apartment. in principle, if a pensioner does not have any rights to the ownership of this apartment, then the heirs can write him out and kick him out. This is their property and it is unlikely that their court or other body will oblige them to somehow help this pensioner, who is a stranger to them.

The law provides for two procedures for deregistration - voluntary and forced. With the consent of the citizen, every passport officer is obliged to issue an adult applicant who is legally capable and without any restrictions. To do this, the applicant will need:

The procedure for discharging a person from an apartment “to nowhere” if he is not the owner

A long period of time spent without registration will be considered to be a stay without registration for 90 days after being discharged from the apartment at the previous address. The fine will range from 1,500 to 2,500 rubles. A long absence of registration will be noticed when contacting the registration authorities to obtain registration for an apartment.

It will take employees about three days to remove a tenant from the apartment. Next, the already discharged citizen takes the departure slip issued to him, which is valid for a month. It is with its help that he will be able to re-register later, so it must be saved.

Other cases

There are other categories of persons whom no one has the right to evict. Among them:

mistakenly recognized as missing - if the missing person shows up and declares his claims to the apartment, the court may rule on preserving his right to live indefinitely or use the premises for a certain period;
dependents or other persons who are supported by the owner and live together with him;
persons in whose favor a testamentary refusal is executed - if a living space under a will is transferred into the ownership of one person while retaining the right of use by another person, then the latter cannot be evicted (for example, when transferring property to children, but retaining the right of residence for the spouse).

The rights to use the premises by the listed persons can be challenged in court, provided that they are the owners of another property or have the right to reside in it.

Eviction from an apartment of a registered person who is not the owner in 2020; claim, disabled person, by court decision

But that’s not all - the defendant is given a month to appeal the judge’s decision. If there are no objections, the secretary prepares to publish the resolution - this takes about 10 days. But in practice, issuing a writ of execution can take 2-3 weeks. Direct check-out – 3 days + 7 days to vacate the premises.

If there is a violation of the rights of other residents, it is necessary to call representatives of law enforcement agencies several times to draw up a report about non-compliance with public order.
Further, it is required, regardless of the basis for eviction, to inform, preferably in the form of a written notice with delivery by signature or registered mail, of the need to leave the premises for certain reasons.
If the requirements specified in the letter are once again ignored, you can file a claim in court.
When a positive decision on eviction comes into force, you must obtain a writ of execution from the secretariat. It must be taken to the Bailiff Service at the location of the property in the region. Law enforcement officers will take coercive measures to organize the eviction of citizens who ignore the requirements of the law.

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Deregistration of incapacitated citizens with a degree of disability

As a rule, this procedure is carried out when changing place of residence. An incapacitated disabled person can be deregistered only with the permission of the court. To do this, the following conditions must be met:

The disabled person moves with a guardian;
The disabled person is provided with new housing with an appropriate area;
Living conditions at the new place of registration are no worse than at the previous one;
The disabled person gives his consent to change the place of registration.

The progress of the trial is monitored by representatives of the guardianship and trusteeship authorities, who monitor the observance of the rights of the disabled person.

What to do if a person is a pensioner

By virtue of Part 2 of Article 31 of the Housing Code of the Russian Federation, if a pensioner is a close member of your family, and you are the owner, then you are obligated to give him exactly the same rights as other family members.

It will be very difficult to evict such a pensioner and only if you prove that he has a different place of registration or is no longer your relative for any reason.

If you need to deregister a person who is not your relative, and you are simply renting out an apartment to him, or he lives there without any rights to it, then the only way, of course, is to go to court.

And it’s better not to start without lawyers, because the courts mostly side with single pensioners, even if they are wrong in your general issue.

In this case, the grounds for filing a lawsuit may be:

delay in payment for accommodation, utilities;
destruction of property or damage to housing and much more.

In each case, the package of documents will be different; the only thing that will always need to be submitted is a document that confirms your ownership.

Do not be afraid to defend your rights at the legislative level, seek the help of lawyers and specialists in other fields to resolve your housing issue. The Housing Code of the Russian Federation does not cover all possible aspects of life, and different circumstances influence the outcome of the case in their own way. Be prepared for anything and rely on the laws, because they protect your rights.

Eviction from an apartment: procedure, nuances, cases from practice

If the tenant and his family members living with him for more than 6 months in a row, without good reason, do not pay for the residential premises provided under the social tenancy agreement and utilities, they can be evicted in court with the provision of another residential premises under the contract social rent, the size of which corresponds to the size of the residential premises established for moving citizens into the hostel. The eviction claim will not be satisfied if the court concludes that the reasons for non-payment of fees are valid: for example, long delays in payment of wages, illness, the presence of minor children and disabled people in the family, etc. (Clause 38 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 14).

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According to Art. 293 of the Civil Code of the Russian Federation, if the owner of a residential premises uses it for other purposes, systematically violates the rights and interests of neighbors, or mismanages the housing, allowing it to be destroyed, the local government body can warn the owner about the need to eliminate the violations, and if they lead to the destruction of the premises, also assign the owner a reasonable period for repairing the premises. If the owner, after a warning, continues to violate the rights and interests of neighbors or uses the residential premises for other purposes, or fails to carry out the necessary repairs without good reason, the court, at the request of a local government body, may decide to sell such residential premises at public auction with payment to the owner of the proceeds from the sale. minus the costs of executing the court decision.

In general, according to the law (Article 95 of the Housing Code of the Russian Federation), such debtors should not be evicted to the street, but to municipal residential premises of the maneuverable fund. But, apparently, in the absence of this fund, the courts are forced to solve the housing problem of debtors at the expense of the new owners of such apartments.

However, in order not to drive a person out onto the street (especially when he has small children), the courts began to apply by analogy the previously mentioned norm of Part 4 of Art. 31 of the Housing Code of the Russian Federation and retain the right to use housing for the former owner for a certain period (usually from 6 months to 1 year).