Eviction of an unregistered person from an apartment - 579 tips from lawyers and lawyers

Initial Actions

Living space can be used on the following grounds:

rental agreement with the apartment owner;
ownership;
social rent agreement.

In general, the forced eviction of a tenant is carried out only through legal proceedings, therefore it always begins with the filing of a statement of claim.

In addition, it will be necessary to deregister the person from the apartment, since as long as the citizen is registered at a specific address, his deregistration is impossible.

Conditions for eviction of a tenant from a residential premises

The main reasons for eviction of a tenant include:

Change of property owner	husband and wife divorced, one of them moved to live in another place, but did not deregister
Divorce of spouses	after the divorce, one of the former spouses moved to another living space, but was not discharged.
Impossibility of living together	one of your family members has moved out and does not live in the premises, and therefore does not pay utility bills
Evasion of payments for apartments, utilities	if the tenant refuses to conscientiously fulfill obligations related to paying for housing and communal services;
Long-term non-residence of one of the family members	if a person has moved, no longer lives in the apartment, and therefore does not pay for living space;
Reaching 18 years of age	an adult citizen who moved away from his parents from the apartment in which he was registered does not want to come back to deregister;
Performing unauthorized redevelopment	without obtaining permits;

Evicting a tenant without his consent from the rented premises is permissible in the following cases:

If the agreement expired, the tenant refused to move out.
If damage was caused, damage to property (in accordance with the inspection report of the living space).
If there were no compliance with the provisions specified in the agreement.
If the rent was not paid on time.
If the rental period of the apartment has expired.

Specifics of eviction of certain categories of tenants

There are persons whose discharge is extremely difficult or impossible even by applying to the courts:

Minors registered in a municipal apartment	if a person was registered in accordance with the application of his parents, his deregistration is permissible only on the basis of a similar application signed by two parents. The exception is fictitious registration.
Dependents of the property owner	if the person who needs to be discharged is on alimony support or dependent on the owner of the living space, it is permissible to remove him from registration only if all obligations for its maintenance are terminated, through the judicial authorities;
Citizens who voluntarily refused to take part in the privatization of living space	such persons, if they are registered in the premises, receive a lifelong right to reside in the apartment. A judicial application for their removal has no positive judicial prospects;
Minors left without parental care	their eviction is permissible only in accordance with the resolution of the trustee body, which has the right to grant this permission in the following case - if the children receive equivalent living space;

In addition, there are also certain categories of persons whose discharge is associated with certain nuances:

Parents who have lost their rights	must be forcibly removed from the apartment.
Reported missing or deceased	Such categories of persons are deregistered by court order. After they are discharged from this kind of living space, various actions can be implemented. There are no grounds for overturning such a decision. The only possible exception is the intentional actions of the apartment owner, who knew the actual location of such a person;
Called to duty	By law, such categories of citizens must be deregistered in accordance with the data of the military registration and enlistment office and registered at the new place of residence where their service will directly take place. It is stipulated that during such a period it is permissible to carry out various real estate transactions; upon return, the conscript has no objective grounds for challenging these decisions;
Convicted persons	It is permissible to deregister such citizens without a court decision. To do this, you must initiate an application to the passport office by providing a verdict of conviction. And yet there is a possibility that, upon release, the person will challenge his eviction;

Bats in the house: is it good or bad, is it for money or a wedding?

In fact, a bat flying into a house is not always a harbinger of misfortune. The details and little things that caused the mouse to fly into the house are of great importance.

Signs associated with bats:

Our ancestors believed that if a bat was in the house, it promised the death or illness of someone close to them. You should be wary if an animal attacks the homeowner.
In China, this mammal generally portends financial wealth and well-being. In Feng Shui, this strange animal is simply adored and nothing bad is associated with it.
If an unmarried girl was the first to encounter an animal, then most likely she will find herself a betrothed and perhaps get married soon.
If a married housewife encounters an animal, then perhaps soon she will have to meet a rival who is not exactly friendly to her husband.

If you are engaged in business, then the animal portends you financial success and decent income.

Bats in the house
Some signs and beliefs about bats:

In Ancient Babylon they believed that these animals were descendants of divine beings. Their wings are protection from the evil eye and evil spirits. One of the legends says that for disobedience and participation in bacchanalia, God Dionysus turned the daughters of King Minos into bats. If a woman could not get pregnant, she had to sprinkle the animal’s blood on her pillow and sleep on it for 2 days. After that, the women successfully became pregnant.
Animals were often used as a talisman against the evil eye and to attract wealth. The owner of a dried winged animal received the ability to attract money to himself.
One of the cruelest traditions was to nail bats above the front door. Such a crucified animal protected the room from the visit of evil spirits.

Forced eviction of a tenant

Eviction from a municipal apartment

Basic grounds:

Non-payment of housing and communal services	without objective circumstances;
Systematic violation of the rights of other residents of the house	who live nearby;
Damage to property	various actions of the tenant and his family members that could cause damage to the property;
Use of government-provided housing for other purposes	for example, placing a retail outlet or an illegal production workshop in it.

To expel citizens from municipal housing, you must first send a complaint to the municipality. Such a statement must receive a certain response from the authority (survey of residents of the house, explanatory conversation with the resident).

However, if such measures do not bring the desired result, the person continues to violate rights, it is necessary to go to court.

For information on eviction from a privatized apartment for non-payment of utilities, see the article: can one be evicted from a privatized apartment for debts?

Eviction from privatized living space

The eviction of an unwanted tenant is considered justified from a legislative point of view if the owner himself agrees to it.

As an exception to the rule, those persons who voluntarily refused the procedure for privatization of real estate, being registered in it, these categories of persons retain the right to live in it throughout their lives.

Expulsion of a tenant from donated housing

The norms of the civil legislation of the Russian Federation (Article No. 292 of the Civil Code of the Russian Federation) assume that, in accordance with the terms of the gift agreement, ownership of real estate is transferred entirely to the donee from the donor upon the conclusion of the relevant agreement.

However, if someone is already registered in the donated living space, this automatically leads to the termination of the right of residence of all registered persons.

There are circumstances in which the judicial authority makes certain concessions to residents who have nowhere to move if they do not have sufficient funds to purchase or rent other living space.

At the same time, the court has the right to determine for such persons the possibility of temporary residence in an apartment for a certain period, generally it lasts no more than 1 year.

Expulsion from an apartment received by inheritance

So, as in other cases, from the living space transferred at the initiative of the heir under the will, it is permissible to write out those residents who were registered in it upon acceptance of the inheritance.

However, in practice, the implementation of such a provision is permissible only if the persons who need to be deregistered are able to provide themselves with other living space.

What does it mean if you kill a bat?

Under no circumstances should bats be killed. In some religions, it is believed that this animal protects the world from evil spirits and evil spirits. Therefore, killing an animal will bring trouble. There is a belief that whoever kills a mouse will have a shortened life.

What does it mean if you kill a bat?

Judicial procedure

The truly significant aspect that the judicial authorities evaluate is the fact that there have been no violations of the rights of the tenant subject to discharge.

The application may be granted if the applicant who filed the deportation request is able to document his legal position by providing testimony from witnesses.

Eviction can be carried out in a forced form if a person does not want to leave the apartment even after a court order has been presented. Accordingly, representatives of the executive service are involved in the expulsion process.

In order to correctly implement this procedure, you need to:

correctly fill out the statement of claim;
collect evidence confirming the grounds for expulsion;
submit an application, evidence to the court;
wait for a positive court decision;
transfer the decision to the executive service.

Filing a claim

The rules for filing a statement of claim are regulated in Article No. 131 of the Civil Procedure Code of the Russian Federation. The document must clearly present the essence of the matter. The legal position must be supplemented with evidence.

The following documents are attached to the application:

Documents certifying the fact of payment of the state duty.
Documents confirming that the defendant does not have the right to live in the apartment (for example, if a former spouse is being expelled, then this document may be a divorce certificate).
Documents confirming the right to real estate.
Other papers, written evidence certifying the applicant’s claims.

Rules of action

Eviction is a procedure that involves the release of living space from the tenant, his property, incl. pets.

According to the law, the responsibility for the practical eviction of a person is assigned to court bailiffs.

Their actions to vacate living space are regulated by the standards of Article No. 107 of the law on enforcement proceedings, as well as the provisions of the workload of bailiffs (directly Chapter No. 2.1), adopted by the decision of the Ministry of Justice, the Ministry of Labor of Russia No. 60/1, dated August 15, 2002.

If at the stage of expulsion the bailiff encounters some difficulties, he has the right to involve law enforcement agencies in this procedure, the Ministry of Emergency Situations, if necessary, to gain access to the apartment.

Upon receipt of a writ of execution, the bailiff takes the following steps:

Study of documentation transferred from the court (writ of execution, resolution)	making a decision by which enforcement proceedings are actually opened;
On the opening of enforcement proceedings	plaintiff and defendant;
Attempts are being made to persuade the tenant to voluntarily implement the court order	that is, move out
In case of failure to comply with the decision voluntarily	an enforcement fee is collected;
The defendant receives notice	which indicates the exact timing of voluntary expulsion from the living space;
Implementation of forced eviction of a citizen	if the bailiff's demands were not implemented

In this case, the expulsion of a tenant must be carried out with the participation of 2 witnesses who are not interested in the outcome of the process.

How to evict your ex-husband from your apartment, see the article.

At the end of the procedure, the bailiff draws up the following papers:

— Decision to complete enforcement proceedings;

— Inventory of property with marks of the place of storage where it will be transferred;

— An act of completed expulsion, signed by each participant in the process.

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How to evict a stranger from an apartment

Advice from lawyers:

1. How to evict two strangers from a communal apartment who live together with the owner of one of the two rooms, while using a common kitchen, toilet and bathroom. Two owners, one of whom is against the presence of strangers in the apartment. Which authorities should I contact, other than the police and authorities? Companies?

1.1. Good afternoon If these citizens are not registered in the apartment, and the police do nothing. You need to go to court, after the trial and a positive court decision, if it is not executed, send a writ of execution to the bailiff service. Bailiffs will evict based on a court decision.

Did the answer help you?YesNo

1.2. You need to file a claim in court to evict citizens illegally occupying residential premises. To draw up a statement of claim, it is better to contact a lawyer to competently draw up all procedural actions.

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2. My ex-husband and I have an apartment in equal shares, he moved strangers in, they do not respond to my demands to leave the apartment, and now my ex-husband cannot evict them, do I have the right to evict them?

2.1. If they are not registered there, and a residential lease agreement has not been signed between them, then simply call the police and they will be evicted from there quickly.

Did the answer help you?YesNo

3. One person is registered in the apartment - a minor child, but the child lives in another place, and his mother and different people live in the apartment. They drink, make trouble and don’t let their neighbors live in peace. You can evict strangers from your child’s apartment before he reaches adulthood.

3.1. Hello! Who is the owner of the apartment? If the apartment is owned, then the owner has the right to file a claim in court to evict the registered persons.

Did the answer help you?YesNo

3.2. It is possible, but according to the law, the rights and interests of a minor must be protected by his mother, who violates them. In this case, it is first necessary to deprive her of parental rights. Report these facts to the prosecutor's office or the guardianship and trusteeship authority at the location of this residential premises.

Did the answer help you?YesNo

3.3. You can evict strangers from your child’s apartment before he reaches adulthood. It is possible only in court at the request of the apartment owner.

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3.4. Hello! The owner has the right to evict from the apartment, as well as deregister persons by court decision. All the best.

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4. Please, why can’t I evict a tenant from a non-privatized apartment? I call the police to have her evicted and they tell me that only through the court the room was rented to her by the guardian of my nephew, who is now 18 years old and I have a small child who is nervous about housework a stranger is walking around, but I can’t do anything, please tell me what to do?

4.1. Hello, the police are telling you correctly - you need to go to court to file an eviction.

Did the answer help you?YesNo

5. What is the correct legal way to evict me from property that rightfully belongs to me (a lifelong maintenance agreement with a dependent) if the dependent allowed a stranger into the apartment without my permission.

5.1. Evict through the courts.

Did the answer help you?YesNo

5.2. Dear Yuri Borisovich, Moscow! In the event that the Lifetime Maintenance Agreement with dependents was submitted for state registration to Rosreestr and the ownership of this apartment was transferred to you, then in this case you have the right to legally demand the eviction of this citizen from this apartment (Article Art. 131 - 132 Code of Civil Procedure of the Russian Federation). Good luck to you Vladimir Nikolaevich Ufa 10/07/2015

Did the answer help you?YesNo

5.3. Hello! Only bailiffs and executors have the right to evict based on a court decision. It is more advisable to entrust the case to a lawyer, since there are some nuances, including procedural ones. If necessary, please contact me, I specialize in housing law.

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5.4. The right thing to do would be to file an eviction claim in court.

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6. I want to evict my sister’s roommate from the apartment. Participatory owners of two. Apartments me and her. I have three children... I don’t want strangers walking around the apartment. How to evict him? What evidence base should I collect? Should I involve a local police officer? Help me please. Thank you.

6.1. Only through the court if you are registered, if you can apply for anything, but then this is a paid service.

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7. After the divorce and division of the apartment by the court, 1/2 between me and my wife, the order of use was not determined. My daughter came to the apartment; she was 18 years old and registered at a different address. And she brought her roommate. With my mother's suggestion, so that life would not be a fairy tale. She said that they live in a civil marriage. I am against a stranger living in an apartment. He says we will register him. It’s interesting that some say only the consent of all owners. Is not it so.? How can I evict him from the apartment?

7.1. To register, the consent of all owners is required. GOOD LUCK TO YOU.

Did the answer help you?YesNo

8. After the divorce and division of the apartment by the court, there was no order of use between me and my wife. My daughter brought her roommate to the apartment. She said that they live in a civil marriage. I am against a stranger living in an apartment. He says we will register him. It’s interesting that some say only the consent of all owners. Is not it so.? How can I evict him from the apartment?

8.1. You can register (register) your daughter's cohabitant ONLY with the consent of all owners. Only bailiffs can evict a tenant after a court decision. You have the right to file an eviction lawsuit.

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9. After the divorce and division of the apartment by the court, 1/2 between me and my wife, my ex-wife brought a cohabitant into the apartment. She said that they live in a civil marriage. I am against a stranger living in an apartment. How can I evict him from the apartment?

9.1. Vyacheslav! She is the owner of 1/2 share and has the right to perform any actions with this property, including providing temporary residence to other persons.

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10. Let me clarify the question. Is it possible to evict an ex-wife and child from a 3-room apartment? where they are registered (the only owner is the ex-husband). It’s impossible to live together; my ex hasn’t paid rent for years, and she’s taking strangers around. The ex-wife has no property at all, she has nowhere to move out to. It is possible to “buy off” some housing for her and the child (not the owners). Are there requirements for the size of this housing - “not to worsen the living conditions” of the child. How will the board of guardians look at this? Thank you!

10.1. There will be consent of guardianship, if living conditions do not deteriorate, but what is the point in this, acquire equivalent property for the child or leave it to him as a property for the alimony due, with the consent of the child’s mother.

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11. Is it possible to evict an ex-wife and child from a 3-room apartment? where they are registered (the only owner is the ex-husband). It’s impossible to live together; my ex hasn’t paid rent for years, and she’s taking strangers around. The ex-husband and his current wife are forced to rent an apartment. What are the options to solve this problem?

11.1. Anna, your spouse can be deregistered and evicted. A child is not a fact. You need to go to court with a statement of claim. Sincerely, General Director of Legal, Stepanov Vadim Igorevich.

Did the answer help you?YesNo

11.2. You can raise the issue of eviction of the BZ in court, starting with the fact that he does not pay the rent, demand payment, and if he refuses, demand it in court, which will be the basis for eviction, if she has other housing.

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11.3. Margarita Sergeevna’s answer does not comply with Ukrainian legislation. There is no concept of lifelong residence if you did not take part in privatization but lived there. Divorce of marriage does not terminate the right to reside in an apartment, Article 156 of the Housing Code. According to the law, the father is not obliged to provide the child with anything except maintenance (alimony). etc.

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12. I live with my family in a three-room communal apartment in Moscow. I am the owner of one room. Two neighbors live under social tenancy agreements. One of the neighbors brought two strangers without registration and they live without our consent. How can we evict them? Is the district police officer obliged to evict them?

12.1. Hello. Eviction can only be done through the courts.

Did the answer help you?YesNo

12.2. The district police officer has no right to evict. You can file an eviction claim in court. If the rooms are for social rent, then without the consent of the municipality department, your neighbor did not have the right to move someone in.

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12.3. Evgeniy the district police officer is not involved in evictions of people, this is handled by the court, to resolve this issue, file a lawsuit in court, you can do this with the help of a lawyer.

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13. How to discharge and evict a person from an apartment that, by right of ownership, belongs to a complete stranger?

13.1. Good afternoon. The procedure is very long, everything happens through the court. You also need to look at the apartment purchase and sale agreement; it is quite possible that the parties stipulated that this citizen remains registered there. In any case, you need a qualified lawyer.

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14. Does one of the apartment owners have the right to move in a stranger without the consent of the second owner? How can an unregistered tenant be evicted from a disputed apartment?

14.1. Veronica, no, a co-owner cannot place anyone other than a minor child in this apartment. Therefore, make demands for eviction. If your legal requirements are not met, go to court.

Did the answer help you?YesNo

14.2. He cannot, only if he does not give this person some 1/100th of his share or this is his young child. You have the right to file a lawsuit to evict a citizen who has not registered the disputed residential premises. Sincerely, Deineko N.G.

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15. I am the owner of a 1/4 share in a 4-room apartment; by court decision, the rooms are assigned to the owners of the share. Another owner of a 1/4 share (of one of the rooms), himself moved out and moved strangers (his wife’s relatives) into his room, without the consent of the other owners, we are against it. Is it possible to evict them? How? according to what article? Best regards, Boris.

15.1. First, you need to call the local police officer, who will establish your identity and grounds of residence. After this, you must go to court with a demand for eviction in accordance with Art. 253 Civil Code of the Russian Federation, 304 Civil Code of the Russian Federation, Article 30 Housing Code of the Russian Federation and Article 35 Housing Code of the Russian Federation.

Did the answer help you?YesNo

15.2. Yes, you understood correctly. The owner cannot move anyone in without the consent of the other shareholders of the apartment.

Did the answer help you?YesNo

15.3. Boris! First, contact the police, let them record the fact of illegal residence.

Did the answer help you?YesNo

16. After the divorce, I bought an apartment into which I registered my ex-husband. He has been living there sporadically for six months now. A stranger lives in the apartment. Utility bills are not paid. I want to deregister and evict these people from the apartment, as I plan to sell the apartment.

16.1. Hello, Victoria! To resolve your issue, you must go to court.

Did the answer help you?YesNo

16.2. You need to file a lawsuit to terminate the right to use the residential premises.

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17. I am one of the 3 owners of the apartment. One of the apartment owners has rented out a room and wants to temporarily register a stranger in our shared living space. How can I legally evict tenants and prevent them from registering? What rights do I have in this situation and how can I legally not allow strangers to live in my apartment?

17.1. The consent of all co-owners is required, unless the apartment has been privatized as a communal one. You can write a statement about the ban on registration in the apartment to the passport office. Physically preventing entry is problematic, but possible.

Did the answer help you?YesNo

17.2. If the apartment is not communal, then one of the co-owners cannot rent out anything without the consent of the other participants in the common shared ownership. In order to protect your right to self-protection, you can simply not let anyone into the apartment... Registration of citizens (except for minor children of the co-owner) in the apartment requires the written consent of all owners.

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18. After the division of jointly acquired property, my ex-husband and I each had 1/2 share in a three-room apartment. Only our adult children are registered there. In February 2012, BM gave his sister from Ukraine his share. But he lives there with his partner and her daughter. He says that he has a power of attorney to dispose of his sister’s property. It turns out that I can give power of attorney to strangers and let them live in my room without the consent of the co-owner? How to evict a BM?

18.1. Let's start with the fact that the ex-husband does not manage, but uses his sister's property. I'm afraid that in your case the best thing is to sell your share to someone (or give it as a gift). To speak more specifically, you need to study the documents and the situation.

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18.2. Lyudmila, hello! It is impossible to use w/p by proxy. You have the right to go to court and evict your ex-spouse and his girlfriend from this apartment, since you did not give your permission to move them in. The presence of the specified power of attorney gives him the right to make a transaction with a share in the right to an apartment that belongs to his sister, but not to move in and use the apartment without the permission of all co-owners. Sincerely, Kharchenko O.V.

Did the answer help you?YesNo

19. Can neighbors evict a lonely elderly person from a communal apartment? If he donated his room to a stranger in 2006. The elderly person himself has been registered in the apartment since 1971. He is not a member of the owner’s family, because the owner lives at a different address and has never moved into the apartment. Is a deed of gift with the right of subsequent residence legal?

19.1. No they can't. The neighbors have nothing to do with either the elderly person or the issue of the legality of the deed of gift. They are nothing to him and have no right to challenge this deal.

Did the answer help you?YesNo

19.2. A gift agreement cannot contain a counter-obligation - the representation of the right of residence. This condition makes the gift agreement void. Only the owner (done) can evict the donor. It would not hurt for an elderly person to enter into a separate agreement with the recipient for the free use of the room.

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20. The owner of a shared part of a 2-room apartment in Russia (Room Pro.) lives abroad, can he ask the police by phone or via the Internet to have the police evict strangers from his apartment, tenants who live without his consent?

20.1. You can evict people, even strangers, from an apartment only by a court decision through bailiffs. Hire a representative (lawyer, advocate) to conduct the case in court and support you at the stage of enforcement proceedings.

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We bought an apartment with 1/2 shared ownership. We had a difficult conflict situation with the owner of the second share.

I ask for your help. They are trying to evict me from a municipal apartment by invalidating my registration.

I have a room in a communal 3-room apartment. My room is privatized, my neighbor's rooms are municipal.