Russian legislation protects the right of citizens to housing. To expel a person from an apartment without his consent, being the owner, you need strong evidence. Let's figure out what is needed for this and how to do it.

The owner can expel a person from an apartment or private house without his consent only through the court (clause 1 of article 35 of the Housing Code of the Russian Federation and clause (e) clause 31 of the PP dated July 17, 1995 No. 713).

You can discharge a person from an apartment for various reasons, but much depends on whose ownership it is.

It is also important whether a person lives in the apartment or not:

1. If he does not live, then the court sides with the owner and gives the opportunity to discharge him without consent.
2. If he lives, then it matters whether he has another living space. If there is no opportunity to live and obtain registration at another address, the court may make a decision to extend the period of registration at the previous place of residence in accordance with paragraph 4 of Art. 31 of the LC and paragraph 15 of the Resolution of the Plenum of the Supreme Court dated 07/02/2009 No. 14 (hereinafter referred to as the Resolution). Typically this period ranges from 3 months to 1 year.

How to expel a person from a privatized apartment or private property without his consent

A person who ignores a requirement or refuses to do so can only be discharged through a judicial procedure. Why does the owner submit a statement of claim to the territorial justice body at the location of the property? If the decision is made in favor of the owner, then it is transferred to the MFC or passport office, making a record of the cancellation of registration.

Is it possible to expel the owner from an apartment if he does not live there? It is important to know that it is impossible to expel its owner from the apartment even if he does not live there. The owner of the property has the right to live and use the apartment at his own discretion, in accordance with clause 1 of Art. 209 LCD.

First you need to figure out - Who is a family member?

Along with the owner, members of his family can use the residential premises (clause 2 of article 31 of the Housing Code), which are defined in clause 1 of art. 31 LCD. These may be relatives or other citizens recognized as members of the owner’s family if they were moved into the apartment on their rights. Therefore, the degree of relationship for this is not established.

The Housing Code also establishes the possibility of expelling from an apartment a person who is recognized as a former member of the owner’s family (Clause 4, Article 31). But for this you need to know how to recognize him as an ex:

1. Adult children are recognized as former family members provided that they do not run a common household with the owner, have a separate budget and do not help each other. It does not matter whether the adult child lives in the apartment or not.
2. For other citizens , with or without family ties with the owner of the apartment, you simply need to recognize them not as family members, but as registered ones (clause 11 of the Resolution).
3. ex-spouses are immediately recognized as former family members and there is no need to prove this.
4. Those who were registered with the previous owner are also not required to be recognized as former. They are automatically deprived of the right to reside in the apartment upon transfer of ownership to another owner (clause 2 of Article 292 of the Civil Code).

The owner has the opportunity to demand the elimination of violations in relation to his rights on the basis of Art. 304 Civil Code.

Let's look at common cases of eviction by the owner.

How to expel your ex-husband/wife from an apartment after a divorce without consent

The very fact of divorce is a reason for the discharge of one of the former spouses and their relatives (Part 4 of Article 31 of the Housing Code of the Russian Federation).

Of particular importance here is who owns the apartment. In the case where one of the former spouses is the sole owner, it will not be difficult to register the second one. But when the apartment was purchased during the marriage, it becomes common property and is subject to division upon its dissolution.

The exception is cases when housing, even acquired during marriage, belongs only to one of the spouses (Part 2 of Article 256 of the Civil Code):

• received as a gift;
• passed in order of inheritance.

You also cannot write out if:

• the person being evicted has a share in the apartment;
• During the privatization of housing, the former spouse renounced their share in favor of the owner.

How to discharge a person from an apartment who refused privatization?

A person who refuses to privatize housing retains the right to reside and use it indefinitely. Even if the owner changes, it is almost impossible to check him out of the apartment. The only option left is when the conditions established for a municipal apartment are met (read below).

How to discharge adult (adult) children

An adult child can be discharged from an apartment only if the following conditions are met:

• he is not the owner of this apartment (the right of residence in the event of ownership rights remains with him only in accordance with paragraph 1 of Article 209 of the Civil Code);
• recognition of him as a former family member (read about this above).

How to register a registered person after purchasing an apartment under a gift agreement or by inheritance?

Such a citizen can be discharged only with his consent or through the court. In this case, the basis may be the fact of termination of ownership as a result of the transaction. It is recommended to refer to clause 2 of Art. 292 Civil Code.

However, such an encumbrance in the form of a person registered on the living space may be specified in a gift agreement or certificate of inheritance. Then it will be very difficult to write it out (if it is the donor himself, then it is impossible).

How to register former owners after purchasing an apartment

If the previous owners and those whom they registered refuse to register, they can be forced to do so on the basis of a court decision. You can go to court even if there is a clause in the transaction agreement setting a deadline for the discharge. The court will oblige everyone who was registered by the previous owner to be registered.

How to sign up in absentia

1. How to deregister a person who does not live at his place of registration if he does not have the desire or ability to participate in the process? Cases when a person has changed his locality and cannot return to his old place are not uncommon. Intended for deregistration. Without exceeding the period established by law, after moving, it is worth visiting the relevant migration department. The process involves simultaneous deregistration and registration. This feature simplifies registration processes and facilitates the overall process of changing residence.
2. How to discharge a person from an apartment and remove a person from the registration register at the place of residence using a power of attorney? This option is used most often when discharged to nowhere, that is, without simultaneous subsequent registration. The law also provides for this option. Here you will need an application and a power of attorney certified by a notary; passports of the applicant and attorney. The document is issued to the person carrying out the registration actions: father, mother, relatives, other trusted people.

This is interesting: How to check out of an apartment without consent: order, documents

Discharge a person from a municipal apartment without his consent

The owner of municipal housing is the municipality (landlord). Therefore, it is possible to discharge a person from such an apartment only if ALL the conditions established by clause 32 of the Resolution are met. It does not matter whether he is included in a social tenancy agreement, a warrant, or is simply registered in municipal housing as a member of the resident’s family.

He has the right to demand the release of the tenant and his family members through the court under the following circumstances:

1. The person does not live in the apartment. If the tenant or one of his family members does not live in a municipal apartment, having moved to a permanent place of residence at another address, the social tenancy agreement will be considered terminated from the moment of the move (clause 3 of Article 83 of the Housing Code).

Note : temporary absence due to study, work, illness, etc. does not mean loss of the right to housing under a social tenancy agreement (Article 71 of the Housing Code).

It is important to consider whether the citizen left his home voluntarily or involuntarily. For example, due to conflicts or in connection with serving time in prison.

2. The tenant does not pay utility bills for 6 months.

The employer is responsible for non-payment of payments of each member of his family. In case of arrears in utility bills for the specified period, the landlord has the right to demand the eviction of all citizens registered in the apartment (clause 1, clause 4, article 83 of the Housing Code).

3. A person uses an apartment for other purposes, as non-residential premises.

Neighbors, the board of the HOA, etc. can contact the territorial housing commission or the police with a statement about the existing fact of using the apartment not for housing, but for other other purposes (clause 4, clause 4, article 83 of the Housing Code and clause 39 of the PP of the Supreme Court RF dated July 2, 2009 No. 14).

4. The tenant made a redevelopment that resulted in a deterioration in the condition of the living space.

Improper redevelopment or deterioration of housing can lead to the disrepair of the entire house. In this case, interested parties (neighbors, homeowners' association, housing office) contact the city (district) administration or the police. If these facts are confirmed, the administration applies to the court with an application to discharge the tenant and members of his family (clause 2, clause 4, article 83 of the Housing Code).

5. Tenant antisocial behavior.

Nobody will discharge a person because of loud music, noisy parties or frequent scandals. Violations must be serious, for example, setting up a brothel or multiple fires (clause 3, clause 4, article 83 of the Housing Code).

How to write out an absent person

The procedure has fundamental differences for different types of housing stock: social rent significantly simplifies the procedure, and privatization complicates it. So how do you discharge a person from an apartment who has not lived in it for a long time? Most often, the answer will be the same - this is a court. Owners resort to the help of courts in the event of death, long-term absence, missing people, non-payment of utility bills, etc. The time frame for consideration of such applications, as a rule, ranges from one to three months. To establish the fact of death, judges have the right to request additional arguments confirming the circumstances that could lead to death: being in places of armed conflicts, wars, disasters, floods, the possibility of death in various accidents, terrorist attacks, etc.

A positive result allows the citizen to be deregistered. The final conclusion about the death or recognition of a person as missing gives relatives the opportunity to carry out a transaction and discharge a person who does not live in it from the apartment.

This is interesting: How to discharge a deceased person from an apartment: rules, documents

A considerable part of family conflicts occur on the basis of housing. Therefore, to remove a person from an apartment who does not live in it, these are documents from the court. For example, deregistration of a citizen after a divorce. The process takes place on the basis of a judicial opinion if there is no peaceful agreement between the parties. The judicial system proceeds from the fact that the right to use housing has expired. This applies only to those cases when the apartment or part of it does not belong to the citizen by right of ownership. The recognition procedure is lengthy and requires outside legal assistance.

For the court, you must present documents that will confirm your words about the long-term absence of the citizen from his place of residence. These include testimony from neighbors, conclusions of examinations or courts, a certificate of incapacity, a certificate from a medical organization, and other papers. The decision made by the court will help to carry out the necessary actions in order to then write out the registered person without his presence and without a power of attorney.

Discharge of minor children from the apartment

In cases of discharge of minor children, the guardianship and trusteeship authority is involved, which gives its opinion on the issue under consideration. It should be remembered that the court always protects the rights of the child. The only case when it is possible to discharge a child without any problems is when he is discharged to his parents by a stranger from a municipal apartment. But even in this case, the consent of the guardianship authority is required.

In any case, discharge will not be possible if the child:

• participated in privatization;
• after discharge he will remain homeless (even if his parents are discharged with him);
• has a share in the property.

Is it possible to check out of an apartment without the owner?

Can. The owner, formally, is not needed at all in order to check out of the property. The exception is those situations when a person plans to immediately register at another address. In this case, the previous registration is automatically canceled, but here you need the owner of the apartment or grounds for obtaining registration.

Both a co-owner and a simply registered person who does not have any ownership rights to the property can leave the apartment.

Instructions for moving out of an apartment

Before going to court, you need to complete a number of step-by-step actions:

1. Step Collecting the evidence base

What to do for this:

1. Demand in writing to voluntarily evict, or to stop illegal actions that violate the rights and interests of other citizens;
2. Contact the landlord or other competent authorities with a complaint against the person being evicted (if the apartment is municipal);
3. Confirm the non-payment of utilities by the defendant, provide documents for the apartment, a marriage certificate, its dissolution and other evidence.
4. You can prove that a citizen has not lived in an apartment for a long time and has left on a permanent basis (not for the duration of study, work, business trip, treatment, etc.) as follows:

• invite neighbors and relatives to court so that they can testify to this fact;
• hire a lawyer who will request an apartment inspection report from the management organization, which will document the fact of non-occupancy and absence of the citizen’s belongings (it takes approximately 2 weeks to complete);
• the lawyer will also send a request to the district police officer, who will inspect the home with witnesses and interview the neighbors. The document will be ready within 30 days;
• in addition, he also makes requests to the clinic about the lack of treatment and house calls (period for response - 15 days), the tax office and the pension fund to clarify the work address (period - 30 days), as well as the post office, where they will confirm that the addressee is not receives correspondence.

2. Step Draw up a statement of claim against the defendant for termination of the rights to use the residential premises

The plaintiff may be a person who is the tenant, or a member of his family registered with the tenant, or specified in the social tenancy agreement). He will participate in court hearings. If there are several plaintiffs, you can indicate them in the application as third parties.

When compiling it yourself, be sure to indicate the address of the housing from which you are requesting to discharge the citizen. This is necessary to issue a subpoena (Article 113 of the Code of Civil Procedure). Even if he refuses to receive it or does not receive it due to non-residence, the case will be considered in absentia, without his participation (clause 4 of Article 167 of the Civil Code of the Russian Federation).

A qualified lawyer will tell you what other documents are needed to submit to the court, and will correctly draw up a statement of claim, which should indicate:

• name of the court;
• details of the plaintiff and defendant (name, address, telephone);
• the essence of the claim - the grounds for the extract;
• list of witnesses;
• a request to evict the defendant;
• list of attached documents;
• date and signature of the plaintiff.

After all the documents and evidence have been collected, we go to court.

3. Step Submit a statement of claim and other documents to the court

The statement of claim is submitted to the court at the location of the housing (Articles 24, 28 of the Code of Civil Procedure) by the applicant himself or the lawyer who represents his interests.

• Statement of claim for discharge from an apartment: form - , sample - .
• Statement of claim for removal from the apartment of the ex-husband and wife -.

Keep in mind that there are no universal cases, and each claim is unique. Therefore, take its preparation seriously; any inaccuracy will serve as a reason for refusal to consider it. To correctly draw up a statement of claim, contact a legal consultant.

It is also better to entrust a lawyer to represent your interests in court. But in any case, be sure to attend court hearings, re-read each document, expressing your opinion and interest in the outcome of the case. Every detail is important to the court, and you can explain to the court important points that the lawyer does not know about.

Filing a claim is subject to a state fee of 300 rubles. You can pay it directly at the courthouse and submit the following documents to the reception:

• statement of claim;
• identification card of the plaintiff (if there are several of them, then a passport or birth certificate from each). In the case of representation of interests by a proxy, it is mandatory to have his passport and notarized power of attorney;
• written confirmation of your requirements;
• a copy of the personal account from the management organization;
• receipt for payment of state duty;
• passport and notarized power of attorney of the lawyer, if he is hired by the plaintiff.

For owners of privatized or purchased housing:

• extract from the Unified State Register of Real Estate;
• purchase and sale agreement, certificate of inheritance or other title document;
• upon discharge of the former spouse, a certificate of divorce is provided.

For municipal housing:

• order or contract for social rental housing.

The specified list of documents is general, but in a specific case, additional documents may be required to clarify the situation.

4. Step The judge will consider the application and a date for the preliminary hearing will be set.

The period for consideration of the application by the judge is 5 working days from the date of submission of documents. When the case is accepted for proceedings, a date for a preliminary hearing is set. All persons involved (plaintiff, defendant, third parties) are notified by summons of the date and time of the hearing. In accordance with paragraph 1 of Art. 154 of the Code of Civil Procedure, the consideration of the case must take place within a month from the date of acceptance of the application for proceedings.

5. Step Conduct a preliminary meeting

The preliminary hearing is the preparatory stage of the proceedings, where the judge examines all the documents and evidence presented by the plaintiff. To clarify details, he has the right to request other documents, a list of which he will indicate.

The plaintiff may ask the court to request the following information:

• about the presence of residential real estate in the defendant’s possession (if there is one, then the chances of an extract increase);
• an extract from the Unified State Register of Real Estate on the defendant’s rights regarding real estate.

Next, the time of the court hearing is set, of which all persons in the process are notified by summons. If the defendant has other housing, the court will send summons to the address specified in the application and to the address of other real estate.

6. Step Conducting a court hearing

During the meeting, the plaintiffs or his lawyer must state that there are conditions and grounds for the defendant’s expulsion from the apartment and present a violation of his rights by the defendant’s registration, which is confirmed by written evidence. Additionally, witnesses may be invited and heard.

We recommend! If you are trying to get a citizen discharged from public housing, then try to restrain your negative emotions. Please note that it is possible to discharge only someone who voluntarily left the apartment. And negative words spoken about the defendant (even if true) will give the judge reason to doubt that the citizen moved out of his own free will, and not due to conflicts.

If the defendant lives in an apartment, the prosecutor participates in the court hearing. The presence of other residential premises will be taken into account, which is confirmed by an extract from the Unified State Register of the defendant’s rights to other objects.

An extract due to non-residence of the defendant is subject to proof. Why are witnesses from neighbors, relatives, and friends invited? The defendant has the right to protect his interests by presenting arguments in his favor to the court.

There may be several court hearings, which is sufficient for a comprehensive consideration of the case. The result is a decision that takes effect:

• within a month from the date of announcement, if the defendant was present at the meetings;
• after a month and 7 days, if the defendant did not attend any of the meetings.

Within the specified period, the losing party has the right to file an appeal. Remember that the court only makes a decision on discharge, but does not discharge it itself.

7. Step Eviction

You need to contact the Department of the Ministry of Internal Affairs with a copy of the court decision, where an extract will be made. By law, the defendant must be deregistered within 3 working days.

If the defendant refuses to voluntarily evict from the apartment, you should contact the bailiffs.

How can an owner expel a registered person from an apartment through the court?

To ensure that the court decision is in your favor, pay special attention to drawing up a statement of claim and collecting evidence. When initiating proceedings, you must understand that the powers of the court do not include the work of removing citizens from housing. The judge only has the right to make and hand over the appropriate decision to you. With this official document, you must visit the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation and write an application for deregistration of the tenant being discharged.

Sample statement of claim to recognize a person as having lost the right to use an apartment

According to Article 154 of the Code of Civil Procedure of the Russian Federation, the district court, where you will have to submit the statement of claim, is given two months to consider citizens’ appeals.

If the defendant was promptly notified of the place and time of the court hearing, but did not appear for an unexcused reason, the proceedings will take place without his presence, and he will be notified of the court decision by mail.

Drawing up a statement of claim

An incorrectly written application may become grounds for refusal to accept a claim, so be careful when drafting this document.

In the upper right corner we write:

• name and address of the district court;
• Full name of the plaintiff, his address and telephone numbers;
• Full name of the defendant, his contact details;

After the header in the center of the page we write the name of the document: “Statement of Claim for...”. Here you need to reflect the essence of your claims.

Then we proceed to describe the problem. In this block (the descriptive part of the claim), be sure to indicate all the evidence available for the forced deregistration of the tenant.

The following may be used as evidence:

• receipts for debts for housing and communal services;
• written statements from neighbors;
• certificate from the BTI about illegal redevelopment;
• police reports, lease agreement, and so on.

Having completed the presentation of the problem, indicate according to which legal acts the defendant, by his actions, violated your legal rights and interests (motivation part of the claim). If you do not understand anything about the laws, it is better to consult with a lawyer before drafting this part.

After the motivation part, you should begin to draw up a request to the court to forcefully discharge the tenant. There you can also demand compensation from the defendant for material damage caused by his illegal actions.

Next, we list all the documents attached to the claim, sign and date it.

At this point, the application can be considered fully completed and ready to be sent to court, but first you must attach the necessary package of documents to it

Documentation

Along with the claim, the court must provide:

• a copy of the applicant's passport;
• copies of title documents for the disputed property;
• a certificate of all persons registered in the apartment;
• various certificates, contracts, receipts, audio, video recordings and other evidence that you referred to in the narrative of the claim;
• a receipt confirming payment of the state duty.

Advice. do not neglect evidence, even if it seems insignificant to you. The more there are, the greater the chances of a positive decision by the justice authority.

Price

The forced discharge procedure itself, which is carried out by the Department of Internal Affairs of the Ministry of Internal Affairs, is absolutely free. You will only have to pay the state fee to the district court, which for 2021, according to paragraph 3 of paragraph 1 of Art. 333.19 of the Tax Code of the Russian Federation, amounts to only 300 rubles for individuals, and 6,000 rubles for legal entities.