How to deregister a person from an apartment through the court, documents for deregistration from an apartment through the court

What is an expulsion and what is an eviction?

When talking about an extract, it is worth clearly distinguishing between legal terms!
Extract

- this is a procedure for deregistration, which occurs on the basis of a court decision that the defendant does not have, has terminated or lost the right to use.

Eviction

- this is a procedure for the actual (physical) removal of the defendant from the residential premises illegally occupied by him. A prosecutor must participate in the eviction hearing and it is carried out by bailiffs.

Grounds and reasons

When filing a claim in court to discharge a tenant, the applicant must have compelling reasons for such a request .

Reasons for discharge permitted by law:

The couple, who lived in the same apartment, filed for divorce . If one of them is the owner or tenant of the apartment, then after the divorce the second one loses the right to live in the apartment. We talked in more detail about how, after a divorce, ex-spouses and children can be discharged if they are not homeowners, here.
A citizen registered in an apartment has not actually lived on its territory for a long time. If he is not its owner, then he can also be evicted, citing an unwillingness to pay for utilities for him.
The tenant violates the living conditions in the apartment : behaves hooliganly, makes noise at inappropriate times, or commits other antisocial acts. In this case, the expulsion and eviction of a citizen is possible only with prior warning.

This basis for deregistration applies only to situations with social housing - in this case, the owner of the apartment cannot be removed from the registration register.

The building in which the apartment is located is in disrepair and is subject to demolition . In this case, the residents are discharged and given new housing.
The tenant is avoiding paying utility bills . In such a situation, you can only write out the tenant of the apartment or a citizen who is not its owner. Moreover, the period of non-payment must be at least six months, and the fact of lack of payments must be documented.
The apartment was received by the owner as a gift - in such a situation, he has the right to discharge all citizens who are registered in it, without the consent of the persons being discharged.
The citizen registered in the apartment is in prison or undergoing compulsory military service . In this case, he can also be discharged from housing without any problems.

It is worth considering that the listed grounds differ depending on who the offender is - the owner of the apartment, a simple tenant or a tenant under a social tenancy agreement .

From a privatized apartment

Cases in which eviction from a privatized apartment is possible:

If during privatization a person was not registered in the house, was not included in the order or did not live there,
Ex-wife, if privatization was carried out before marriage,
Ex-spouse not included in the privatization agreement.

In order to discharge a person, it is necessary to contact the registration authorities with a passport, an application and documents for living space.

Municipal housing

If the residential property belongs to the municipality, then only they can discharge the tenant.

Cases in which you can evict a tenant from municipal real estate:

Housing is not used for its intended purpose;
Operation is carried out in violation of the technical plan;
Large debt on utility bills;
Violations of neighbors' rights.

Even in these cases, the discharge of a tenant is possible only by court decision.

From an apartment received as a gift

When receiving residential real estate under a gift agreement or by inheritance, the new owner has the right to exclude certain citizens. This can be done without their consent, but provided that they have other housing.

The owner applies to the court with an application for forced deregistration. After receiving the court decision, you must contact the registration authority with an application for eviction.

Grounds for removing a person from home without his consent

Since a private house is a residential premises and ensures a citizen’s constitutional right to housing, a person’s discharge from it without consent should only be carried out by decision of a judicial authority. However, if there are no sufficient grounds for deregistration, then not a single judge will take your side and satisfy the claim. These are the grounds for deregistration from a private home:

actual long-term absence from the place of registration;
intentional destruction of a house or its parts;
maintaining an antisocial lifestyle;
violation of the rights of people living together with a registered person;
reprivatization of the house itself or conversion of the plot on which it is located in favor of the state;
loss of family ties (divorce, challenging paternity, etc.);
change of owner of a residential building;
debt to pay utility bills (more than 6 months, if personal accounts are separated).

It must be remembered that no matter what reason for deregistration you indicate in the statement of claim, it will have to be proven with documents and witness testimony.

Who can be discharged by court order and who cannot?

When going to court, the applicant needs to be prepared for the fact that the claim will not be satisfied, because in some cases it is impossible to evict citizens from an apartment.

Categories of citizens whose discharge will not cause problems:

former spouses who are not the owners of the apartment;
persons serving sentences in places of deprivation of liberty;
citizens who serve in the army;
people actually living elsewhere;
rowdies, hooligans or alcoholics;
parents of a minor child who have lost their right to live with him;
persons who are not relatives of the owner (you will find out whether the owner himself will be able to write out relatives if there is such a desire).

But citizens who belong to these groups are unlikely to be evicted from their apartment even if they go to court :

apartment owner;
minor child;
a citizen who was registered in the apartment before its privatization and during this procedure renounced his rights to housing;
persons who do not have other housing and the funds to buy or rent it (read whether it is possible to discharge a person “to nowhere” here).

In the latter case, the court may grant the tenant a delay in eviction for a period of one year - after which the owner will have to apply to the court again.

How to evict a person living from an apartment without his consent

Let's start right away with the negative point that you may encounter when deciding to independently file a claim in court to evict a person from an apartment. Many owners believe that it is not worth spending money on lawyers and advocates who will take care of their case and evict a person from an apartment, simply because they have to pay money. However, many people forget that filing a claim in court to resolve the same issue is permitted by law only once. What does this mean? - The fact that if the strategy for conducting a case in court is not correctly built and you lose, it will be impossible to evict a person on the same demand that was previously indicated in the statement of claim!

Due to the fact that there are many grounds for eviction, as well as situations on the basis of which a statement of claim is written, we will not take responsibility and talk about how to correctly draw up a statement of claim and behave in court in order to would evict a person from an apartment. In order to give such advice, it is necessary to understand the situation. The initial consultation by phone is free; if detailed consultation on the case is required, the time and amount are negotiated with a lawyer.

Do not risk your real estate if you want to save several tens of thousands, when the cost of the apartment is several million.

Who cannot be evicted from an apartment

Eviction from an apartment is impossible in the following cases:

It is impossible to register and evict the owner of the apartment to other owners;
It is impossible to deregister and evict a registered person in a municipal apartment if he lives in the apartment and pays utility bills;
It is impossible to discharge and evict a person who refuses privatization;
It is impossible to evict minor children.

Who cannot be evicted from the apartment?

It is impossible
to discharge a person from municipal housing who lives there and/or pays utility bills there;
It is impossible
to discharge from municipal housing a person whose accommodation is being hindered (he is kicked out of the apartment);
It is impossible
to discharge from privatized housing a person who was registered there at the time of privatization, but who did not receive a share in the property, if he continues to live in this residential premises;
It is impossible
to expel a minor child of the owner or tenant from the residential premises until he turns 18 years old if his parent continues to be registered in this living space;
It is impossible
to write out the owner of a residential premises or his share, except in cases where he owns a small share and cohabitation violates the rights of other owners;
It is impossible
to discharge a minor child left without parental care from the residential premises until he reaches adulthood;
It is impossible
to write out a person who was included in the order for a cooperative apartment as a member of the shareholder’s family if he continues to live in it;
It is impossible
to expel a person from the acquired housing to whom the new owner himself retained the right to use the residential premises in the contract.

In what cases is a citizen subject to forced deportation?

It is not uncommon for the deregistration of one or more residents to be accompanied by property disputes. Such situations can only be resolved within the framework of a court hearing.
To resolve the conflict between the parties, the owner of the apartment must provide the court with comprehensive evidence, which includes documented loss of the defendant’s property rights to the residential premises. The most common cases in which it is necessary to discharge tenants from an apartment by going to court:

A person does not live in an apartment for a long time . In fact, he lives at a different address, and his apartment is only registered.
Privatization of municipal housing . You need to formalize the transfer of state real estate into private ownership, excluding a certain person from the list of members of the privatization procedure.
The tenant avoids financial obligations for the maintenance of housing . That is, it does not pay mandatory utility bills and taxes;
Divorce and termination of family relations with a tenant;
The impossibility of living together in one living space.

Extracting a person from an apartment who is not its owner is often burdened with difficulties. Typically, disputes of this kind arise among divorced spouses when one of them managed to privatize a home before marriage.

The court may refuse to satisfy the applicant's claims regarding the defendant, and a positive outcome in favor of the plaintiff often obliges him to provide his ex-spouse with another place of residence.

Let's summarize the topic of forced discharge of a person:

You can discharge a person without his consent through the court. A separate case is an extract due to the expiration of the lease agreement, if the tenant was registered on its basis. In this case, there is no need to go to court for an extract.
A tenant can be discharged through the court due to his not living in the apartment without good reason for more than 1 year (if the apartment is private), more than 6 months (if the apartment is public). The same terms and rules apply for discharge from a private home.
If we are talking about deregistering the former owner of the apartment, then it is not necessary to comply with the above deadlines, but you can immediately file a lawsuit (unless the former owner is a member of your family and does not actually live in the apartment).
We can help you legally remove from your apartment a person who is registered there but does not live! Our contacts.

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Special categories of citizens

In the case of the discharge of individuals, the generally accepted algorithm of actions may change - depending on the situation, this procedure may be easier or more difficult than usual .

For example, this applies to the following categories of citizens:

Minors. Is it possible to discharge a minor child from an apartment through the court? Children under 18 years of age can be discharged only if several conditions are simultaneously met:
- they are deregistered together with their parents;
There is another place where children will be registered.

Living conditions for minors in the new apartment should be no worse than in the old one.

We talk about whether a minor can be expelled from the owner’s apartment in more detail in this material, and we talk about the nuances associated with the expulsion of children when selling an apartment or moving in a separate article.

Pensioners and disabled people - representatives of this category of citizens can be discharged if they are not home owners.
In all other cases, they do not have any advantages over other residents and, at the request of the owner, can be forcibly evicted from the apartment.
Prisoners - This is practically the only category of citizens whose forced eviction can be carried out without the participation of the judiciary. You just need to contact the passport office with a copy of the court decision on conviction (in which cases and to which authorities you need to contact to obtain an extract, we told you here).
The same applies to those mobilized for compulsory military service - they can also be easily discharged from their apartment.
After returning from places of imprisonment or from the army, a citizen receives the right to register in an apartment again and live in it, even if during this time it was sold to other persons.
Read also: Is it possible to install a heat meter in an apartment?
Absent persons - these citizens can also be deregistered quite easily. To do this, you must go to court and provide evidence that the tenant:

actually lives in another place and has not appeared on the territory of this apartment for a long time;
declared missing or dead in court.

All these features must be taken into account before starting forced removal from the apartment through the court.

Municipal and privatized apartment: features and rules of the procedure

The procedure and grounds for deregistration from an apartment also depend on whose ownership the housing is - private or public .

A person can be discharged from a municipal apartment through the court, or from a privatized apartment through the court. It is worth considering in more detail the features of each case.

Extract from a municipal apartment - this procedure is much simpler, because there are many reasons for this.

A tenant can be discharged from a municipal apartment without consent through the court for hooliganism, disorderly conduct, drunkenness, damage to property, or use of housing for other purposes. The plaintiff in this case is the municipality or executive authority that owns the apartment.

When being discharged from municipal housing, not only the offender, but also all members of his family may be deprived of the right to live there.

Sample statement of claim for the removal of a person from a municipal apartment.

Extract from a privatized apartment . In this case, there are much fewer reasons - only those citizens who are not the owners or their immediate relatives can be deregistered.

Failure to pay utility bills is also not a basis for discharge - the owner can only collect the debt in court.

In both cases, the plaintiff needs to make sure that there are indeed grounds for the discharge, prepare documents confirming this and file a claim in court.

Sample statement of claim for the removal of a person from a privatized apartment.

Extract of a citizen with permanent registration

If a citizen is registered in a private (privatized) apartment (house), but is not the owner, he may lose the right to live in the premises for a number of reasons. The most common reasons for expulsion from an apartment:

loss of family ties with the owner of the premises;
change of owner of the apartment;
use of the premises other than for its intended purpose;
the person has not lived at this address for a long time and has other housing;
the resident is an antisocial person who threatens other residents.

This is interesting: Housing issue: how to check out of an apartment and where to go to register?

Loss of family ties occurs in the event of a divorce of a married couple, and, according to Art. 292 of the Civil Code of the Russian Federation, all family members of the ex-spouse cease to be considered relatives, who can be discharged from the apartment by court in the event of refusal of voluntary eviction.

It is possible to initiate a lawsuit to extract from an apartment if the spouse does not have the right to own the apartment and it does not belong to the common property of the family.

When the owner of the apartment changes, everything previously registered in the premises must be deregistered. In case of refusal, forced eviction from the apartment through the court will be initiated by the owner. The obligatory action of the owner of the premises is to notify the registered person of eviction.

The reasons for eviction from an apartment by court if the housing is municipal can be:

violations in the use of housing stock;
a person does not live at the address for a long time (Article 71 of the Housing Code);
utility debts;
the resident constantly ignores the interests of neighbors;
the tenant's actions lead to the destruction of the premises;
future privatization of housing;
demolition of a building or removal of it from the housing stock.

The initiator of the appeal to the court is the owner of the premises - local authorities.

It is possible to discharge a person from an apartment through the court if he is the owner of the premises only in cases:

actions that threaten the safety of the housing stock;
if the home purchase transaction is declared illegal;
the apartment has been foreclosed on for debts;
residential premises are being used unlawfully.

In this case, both local authorities and interested parties (creditors) can file a claim in court.

What documents will be required to check out of the apartment?

Standard package of documents for filing a claim in court for “exclusion from an apartment”:

Copies of the statement of claim according to the number of persons participating in the case;
Receipt for payment of state duty + copies according to the number of persons;
Power of attorney for a representative (if the claim is filed by a lawyer) + copies for the number of persons;
Extract from the house register + copies by number of persons;
Title and title documents for the apartment (agreement, warrant, certificate) + copies according to the number of persons;
Other documents confirming the existence of grounds for discharge + copies by number of persons.

The list of other documents is formed based on your situation and the presence of specific grounds for deregistering the defendant.

How to discharge a person from an apartment through the court

In order to deregister someone other than the owner without his consent, it is necessary to obtain a resolution to deregister the person. To do this, the property owner must:

Contact the magistrate's court located at the place of residence of the plaintiff (applicant) or at the location of the subject of the dispute (apartment).
Write a statement (claim) . It must indicate the reasons why (according to the plaintiff) the tenant should be deregistered at the location of the premises.
Attach a receipt for payment of court costs.
Provide documents for discharge.

There must be three copies of the statement of claim: one for the court, the second for you, and the third claim must be given to the defendant so that he can fully familiarize himself with the applicant’s demands.

You must have evidence of attempts to notify the tenant of your plans to go to court regarding his forced removal. If you know his real place of residence, then you need to send the original statement of claim and copies of all documents by registered mail with notification. If you live together, then simply give him the package of documents in person, but preferably in front of witnesses.

What documents are needed for court:

photocopy of the plaintiff's passport;
a copy of all pages of the house register;
copied documents confirming the applicant’s ownership of the apartment.
if we are talking about eviction of a former spouse, then a copy of the divorce certificate may be required,
extract from the Unified State Register.

How much does forced deregistration cost? Going to court with this problem will not cost much - you will pay only 200 rubles for the state fee.

Sample and contents of the statement of claim

Before going to court, the applicant must express his demands in a claim form.
How to write a statement of claim to deregister a non-owner? The main requirement is a clear statement of your motivation. In the statement of claim, you must clearly explain on what grounds you are forced to discharge a person without his presence and consent.

In his application, the plaintiff may ask the court to:

on recognizing the former tenant’s right to dispose and use the apartment as lost;
recognize the right to use residential premises as invalid or not acquired.
about forced eviction.

The claim does not relate to standard documents, and therefore the applicant can present his demands in any form.

Follow the links to find sample applications for deregistration from an apartment.:

Sample statement of claim to recognize a citizen as having lost the right to use residential premises
STATEMENT OF CLAIM for recognition of the loss of the right to use residential premises and deregistration

How to file a claim

Before visiting the courthouse to file an application, you must:

specify visiting days,
find out the number of the office where incoming documents are accepted.

In the Magistrates' Courts, applications are submitted directly to the judge assigned to a particular court district.
Within 5 days, he must make a decision on accepting the filed claim. Drawing up a document yourself can lead to a number of significant mistakes, and therefore it is best to entrust the preparation of claims for property disputes to professional lawyers.

Failure to complete an application correctly may result in:

failure to accept the application by the court and send it for revision;
refusal to consider the case.

There is an extensive list of reasons, relying on which the court makes a decision to remove the tenant from the apartment.

They may be:

regular and systematic violation of public order by the tenant;
neglect of sanitary requirements relating to the maintenance of living quarters;
refusal to pay for utility needs;
long-term residence of a person outside the disputed apartment;
situations related to divorce proceedings.

According to judicial practice, such property disputes are most often settled in favor of the plaintiff (if there is no obvious violation of the defendant’s rights). For a favorable outcome of the case, he is recommended to support his demands with supporting documents, which are:

tax receipts addressed to the applicant,
complaints from neighbors about unlawful, hooligan actions of the defendant, etc., documented by the local police officer.

If the applicant is unable to provide written evidence, the court may hear testimony. They can be:

testimony of roommates,
testimonies from neighbors in the entrance/stairwell.

After the court has issued a ruling, the plaintiff must apply to the FMS management authorities. Relying on the requirements of the document, the authority employee will remove the resident from the registration register.

Sometimes applicants are faced with the problem of evicting a discharged tenant.

If the former tenant refuses to leave the place of residence voluntarily, the owner has the right to seek help from bailiffs. As part of enforcement proceedings, the person will be forcibly evicted by them.

Dates of discharge

Since each case is individual, the exact time frame for litigation is uncertain.

Main deadlines:

Familiarization with the statement of claim – from 5 days to 2 months,
Preliminary and main hearings – up to 1 month,
The time to appeal is 1 month.

The defendant can extend the time frame for the consideration of the case by filing endless complaints. This often happens due to the lack of necessary knowledge on the part of the plaintiff. In order not to waste a lot of time and effort on legal proceedings, you should use the services of experienced lawyers or an attorney. Be sure to read how to discharge a temporarily registered person without his consent.

State duty and expenses

Litigation is a costly process. The minimum cost is payment of the state duty, which is 300 rubles. Provided that the defendant has several claims, the amount of the state duty may be increased.

Along the way, there will be a need to contact a notary, for example, to approve a purchase and sale agreement. You should clarify the cost of legal services in advance.

Arbitrage practice

The court often goes “halfway” to the defendant. For example, if he has nowhere to live or temporarily does not live at his place of registration due to his studies. The judge's decision depends on the demands made by the defendant. In the process of studying the appeal, the court carefully examines all the circumstances of the case. It happens that the court grants a deferment for discharge/eviction from the house. The law does not provide for an exact period of deferment, but on average the defendant is given from 3 months to 2 years.

Example.

District Court

Tula considered the case of A.V. Kondratiev, who filed a claim for the discharge of a deceased resident of a private house. The man got the property under a gift agreement, but a distant relative of the donor was in the house. He retained the right to live in a private house - he did not have any shares. After living in the house for a while, a distant relative left in an unknown direction. After 8 months it became known that he had died.

Kondratyev was not a close relative of the deceased, so he was not given a death certificate. The deceased had no other relatives, so the original certificate was in the registry office. Kondratyev contacted the Department of Internal Affairs directly at the place of registration of the property. But there he was told that his discharge would not take place without a court decision.

The man filed a claim in court to remove the deceased from the registration register. At the preliminary hearing, Kondratyev petitioned the court to submit a request to the registry office. Soon the answer came. And the death certificate of the relative was provided to the court. The deceased was discharged from a private home.

When deciding on the discharge, the court took into account that Kondratyev actually received the house under a donation agreement (Article 572 of the Civil Code of the Russian Federation), registered ownership (Article 209 and Article 292 of the Civil Code of the Russian Federation), as well as the established fact of the death of the tenant (Clause 1 of Art. 278 Code of Civil Procedure of the Russian Federation). Thus, Kondratyev filed one claim for recognition of the loss of the right to use residential premises on the part of a deceased relative.

Where to go, where to turn, where can I check out of the apartment?

To start the deregistration procedure you must:

Fill out the required application;
Attach a set of documents to it;

Submit a set of documents either:

at the Federal Migration Service of Russia,
MFC (GBU “My Documents”).

You can reduce the time required for the procedure by contacting the State Budgetary Institution. In this case, it will take three days to process the request, then the package of documents will be immediately sent to the Department of Internal Affairs of the Ministry of Internal Affairs. However, when applying to the MFC, a visit to the passport office is mandatory. This will add more hassle and take more time.

Extract from the apartment through the passport office

Voluntary deregistration is the easiest way to deregister. To do this, you just need to contact the passport office with an application.

It is possible to fill out the form from the Internet at home, or you can do it directly at the passport office. It contains information:

FULL NAME,
Date of Birth,
passport details;
the reason for applying for an extract;
name of the body carrying out registration.

When simultaneously registering for a new residential area, you must indicate a new registration address. The signatures of the official and the applicant are placed in confirmation of the specified information.

APPLICATION FOR REGISTRATION AT PLACE OF RESIDENCE Form No. 6

IMPORTANT! A citizen of the Russian Federation can extract from another city. To do this, you need to contact the passport office at the new registration address with an application, which will indicate information about the registration address at the new place of residence while simultaneously submitting documents about extracts from the old one. The specialist will independently send documents for discharge to the old address. At the same time, the passport office employee has no right to refuse to carry out the procedure, as this is contrary to current legislation.

You can also check out through your representative, provided that you cannot come to the current registration address. The representative must have a notarized power of attorney with him, since we will be talking about making changes in the state register. If such a power of attorney is available, the representative can contact the relevant authorities to complete the procedure for deregistration.

Extract via the Internet on the State Services website

Today everyone saves their time. In this regard, an Internet service was created. In order to use it, you must:

register on the Unified Portal of State and Municipal Services;
log into your personal account and go to the “Public Services” menu;
from the proposed list you must select “Removal of a citizen from registration”;
consent to the processing of personal data;
select the region in which the service will be provided;
confirm adulthood;
fill out a form indicating personal data, date and the issuing authority;
indicate your citizenship;
indicate the reason for the discharge and the fact of the availability of housing in which you can register;
indicate the form of employment;
be sure to clarify whether the citizen has the right to receive social security;
indicate education;
indicate marital status;
indicate the authority and place of filing the application.

After filling out the last page of the form, a letter will be sent to the post office indicating the date, time and place where you will need to contact the original documents confirming your identity to complete the discharge procedure.

IMPORTANT! When submitting an application through the public services portal, a citizen or representative is not exempt from visiting the registration authority. In any case, this will reduce the time for submitting documents and avoid queues.

Application to the court for discharge from the apartment

If a citizen refuses to voluntarily be removed from the living space, but there are grounds for this action, persons interested in this may go to court.

This is important to know: How to legally evict a person from an apartment?

To do this, you need to go to court with a statement of claim (form Article 131 of the Civil Code of the Russian Federation).

The claim must contain:

name of the government body to which the application was sent,
information about the plaintiff and defendant (full name and place of residence),
circumstances of the case,
reasoned evidence of the need to evict the defendant from the premises,
in what form the dispute was resolved and whether the procedure was followed,
set of documents,
applicant's signature and date.

Deadlines

If the defendant does not challenge the court's decision, then the period for removal from the apartment is 4 months. This period includes:

1 month from application to initial interview,
1 month from interview to initial meeting,
3 days for discharge by court decision,
about one month for voluntary eviction.

The deadline for a final court decision may be extended by repeatedly postponing court hearings and filing appeals.

What needs to be done to check out of the apartment

The sequence of actions and methods for resolving the issue of discharge may change.

In practice there are three ways:

discharge with simultaneous registration at a new place,
extract without simultaneous registration,
extract through government services.

A citizen can choose any of the more convenient options.

Sample statement of claim

There are standard rules for drawing up a statement of claim.

The application must indicate:

Name of the judicial authority,
Passport details,
Residential address of the plaintiff and defendant,
Title of the application indicating the purpose of the application,
The content of the circumstances of the case and the reasons for the discharge,
Provide links to relevant standards, lists and requirements,
List of attached documents,
Date of,
Signature.

If the application is drawn up incorrectly, the claim may not be accepted. A sample extract form is available

Depending on the number of participants in the process, the number of packages of documents is prepared in the same quantity. Before filing a case in court, you should make sure that the defendant does not want to resolve the issue voluntarily.

How long does it take

From the moment the application is received by the court, the statement of claim is considered within two months, in accordance with the civil law code of the Russian Federation. If the plaintiff presents undeniable evidence of the defendant’s loss of the right to use the living space, the consideration period may change.

Expert opinion

Mikhailov Evgeniy Alexandrovich

Teacher of civil law. Lawyer with 20 years of experience

For example: presents an expired lease. That is, if the defendant has no grounds for residence at the place of registration, the court can immediately decide on eviction. On the other hand, if these grounds are controversial, the court may extend the consideration of the case. In this case, the procedure may take several months.

After the decision is made, time (2 months) is given to appeal. During this time, the final form of the decision is formed, with which you can go to court. Next, the court issues a writ of execution.

A sample complaint can be downloaded from this link.

In practice, waiting for a writ of execution will take from several days to several months. Manufacturing dates are not established by law.

This is important to know: Forced expulsion from a private home

Procedure for deregistration

Deregistration, that is, deregistration of a person without his consent, occurs only by court decision.
There are several situations where the order of discharge may change. It all depends on certain conditions and nuances, such as whether the apartment is privatized or donated. These situations are discussed below in the article. The owner's deregistration is carried out exclusively by court decision. The owner himself can deregister any person living in his apartment.

If the apartment is municipal, the court must provide documents confirming one of the factors:

long period of absence of a person;
antisocial behavior of the person who is being forcibly discharged;

If the reason is behavior, you need to contact the municipality with a request for complaints from residents about the person’s inappropriate behavior. This is done after warning him of the possible consequences. If the person does not respond properly, the residents of the house file a complaint with the relevant authorities.

The basis for going to court is Article No. 91 of the Housing Code of the Russian Federation. Its procedure consists of performing the following sequence of actions:

Filing a claim for an extract to the court.
Attachment to the statement of claim of documents confirming the reason for deregistration. The document can be a certificate from the police for a missing person or for misbehavior.
The court conducts an inspection, after which a decision is made whether to satisfy the claim or not.

The absence of a person for a long period of time is regulated by Article No. 71 of the Housing Code. It states that it is possible to submit an application for forced deregistration only if a person does not appear at the place of registration for more than six months or utility payments are not received from him.

But there are a number of reasons that provide for a deferment and are considered by law in case of non-payment:

delay in pension payments;
delay in payment of wages;
severe physical condition of a person;
is temporarily unemployed;
there are disabled people or minor children in the family;

It is also possible to deregister people without their consent in the following cases:

During military service.
While in prison.

But this is not a final decision, because in these cases a person can demand restoration of registration if he can prove that the living space was subject to an exchange process.

If the person against whom the lawsuit is filed has her own living space, the decision will be clearly positive. To do this, the plaintiff must submit documents confirming this fact.

If the intention of one of the spouses is to force the other out of the proposed living space, there are two options for developing and solving the problem:

If the property was acquired during marriage, the only way out of the situation would be an exchange or exchange of property.
If the apartment was purchased by one of the spouses, a claim is filed for forced deregistration.

In a privatized apartment the procedure is much simpler. Privatization itself implies the assignment of property rights to a person, who can subsequently dispose of his property at his own discretion.

If the owner intends to compulsorily deregister, he must file a claim in court, which, theoretically, he must satisfy. The procedure for submitting and processing documents occurs in several stages, such as:

Submission of papers that confirm the ownership of the property by the owner.
Documents certifying the identity of the owner.
Filing an application to the court.
Physical evidence confirming the reasons for the person’s discharge.

If the court decision is positive, the person is discharged without his consent.

To make a decision faster by the court, you can collect confirmation from neighbors certifying the reasons for forced deregistration.

If you intend to discharge a minor, you will need to contact the guardianship authorities. They are the ones who have the right to make such decisions and approve them.

If the apartment was purchased before marriage, then the spouse has absolutely no rights to it.

If the apartment was registered as a property after a gift or inheritance, deregistration is possible only through a judicial procedure. The legitimate interests of owners are protected by Article No. 292 of the Civil Code.

sample statement of claim for deregistration in .doc format (Word)

Statement of claim for discharge

The legislator does not provide a single sample statement of claim for an extract from a court decision. However, the document must comply with state document management standards. To draw up a claim, it is necessary to take into account the key requirements for preparing the document. The content of the claim must include the following information:

Full name of the court to which the plaintiff is appealing.
Personal data of the plaintiff and defendant (full name, passport details, information about the place of permanent registration and actual residence).
Claim substantiation of the reasons that prompted you to seek a solution to the issue in court. It is necessary to indicate the circumstances of the case and the reasons for the discharge.
Reference to valid legal provisions. When preparing a statement of claim, it is necessary to indicate specific regulations and provisions that, according to the plaintiff, relate to his specific issue.
Claim with a list of references to valid legislative standards.
List of accompanying documentation.
Date of compilation, signature of the applicant.

If the statement of claim is drawn up incorrectly, the court reserves the right to reject the application. The application must be submitted to the magistrate's district court at the location of the defendant (Article 24, 28 of the Code of Civil Procedure of the Russian Federation). If there is no information about the location of the defendant, the claim is sent to the court at the defendant’s last address.

When filing a statement of claim, it is necessary to take into account that it is subject to standard requirements for document execution:

The claim may be filed in printed form or written by hand;
It is strictly forbidden to indicate in the document false and untruthful information, information that has lost its relevance;
If typos and errors (both punctuation and grammar) are detected, the claim may be rejected.

To protect yourself from possible adverse consequences, you need to contact an experienced lawyer or attorney who will not only prepare a statement of claim, but also help achieve a fair decision in court.

Drawing up a statement of claim

If a decision is made to evict tenants, the owner must take one mandatory action - notify the tenant registered in the premises about the eviction. The law does not provide for a strict form of such a document (it can even be oral). Only the tenant’s refusal to voluntarily leave the premises can be grounds for deregistration through the court .

This is interesting: How can an owner remove a person from an apartment? Forced discharge

The evidence attached to the claim will be a written notice of eviction, on which there is a signature from the tenant, which confirms familiarization. If he refuses to sign the notice, this must be confirmed by witnesses.

It is best to entrust the drafting of a statement of claim to a professional lawyer - this guarantees a quick consideration of the issue by the court. To file a claim, a package of documents is drawn up. Their list includes: a direct statement of claim for discharge from the apartment through the court, documents confirming the claim, a receipt for payment of the state duty (200 rubles).

The basis for writing an application is Article 131–132 of the Code of Civil Procedure of the Russian Federation.

The statement of claim must include the following items: the header of the document, the full name of the court (usually the district court at the address of the real estate location), the names of the parties - the plaintiff and the defendant, indicating full data (full name, addresses, contact details), the content part with data about the real estate , residents, homeowner.

The circumstances for applying to the court for an extract must be indicated here (divorce, contract has ended, the person has not lived in the premises for more than six months, etc.). A separate paragraph in this part of the claim must indicate that the tenant was notified of eviction and refused to leave the premises voluntarily. Information about witnesses who can confirm the information contained in the document is also indicated here.

The demanding (resolution) part, which indicates the need to evict the tenant through the court (forcibly deregister him) from the residential premises (the exact address must be indicated). If it is necessary to attract witnesses, their full names, exact addresses and contact information are indicated.

Documents for deregistration from the apartment through the court, which are attached to the statement of claim, must confirm the rights of the plaintiff. These include:

confirmation of ownership of housing (certificate, contract);
certificates of marriage, divorce, birth;
a written notice of intent to evict, signed by the tenant (respondent).

This is interesting: Is it possible and how to expel a non-owner from an apartment without consent?

Court decision on discharge

The court will make a positive decision on the defendant’s discharge in those situations if the plaintiff’s statement of claim is true and, as part of the study of the case materials, the existence of legal grounds for forced eviction has been confirmed. When making a decision, the judge will prepare a special act that contains the following information:

An introductory part with a description of all participants in the case, indicating their contact information and passport details;
The descriptive part, which sets out the circumstances of the case, indicates the reasons and motives of the plaintiff that defeated him to file a statement;
The reasoning part, which indicates the court's conclusions regarding the evidence provided in the case;
The operative part, in which the judge sums up the results of the consideration of the case, makes a final decision regarding the satisfaction of the applicant’s claims.

After the court decision is served on the plaintiff and defendant, it comes into force within the time limits established by law. If by this time the court decision has not been executed, the applicant has the right to contact the Bailiff Service to initiate enforcement proceedings.

Forced eviction with the support of bailiffs will take into account certain features:

Enforcement proceedings are activated if the defendant does not leave the residential premises within the period established by the court;
If an extract is carried out through the court, the mark in the house register is certified by representatives of municipal government structures;
If eviction through the court affects the interests of a minor child, at the stage of execution of the court decision the guardianship and trusteeship authorities take an active part;
Refusal to voluntarily execute a court decision imposes an obligation on the defendant to pay an enforcement fee.

Results

The list of people who are not subject to forced eviction or deregistration includes:

The owner's minor children. They retain the right to reside in the apartment even after the divorce.
People who voluntarily renounced ownership of real estate, but at the time of the privatization process lived there.
Those who refused a will.

The rights of the property owner include complete disposal of the apartment. If an extract is necessary, he:

submits an application to the court;
submits documents confirming ownership;
awaiting the court's decision;

Deregistration by court decision is carried out by employees of the registration authorities.

The average time period for discharge after a court decision is two weeks. The maximum period is thirty days after the day the decision on forced deregistration was made.

To summarize, we can highlight the following reasons for discharge with the help of the court:

Late payment of utility bills or their complete absence.
Illegal use of living space.
Not living in an apartment for more than six months.
Violation of the rights of other residents of the house.
Divorce.
Forced eviction caused by the demolition of a building.

The time frame for considering a case of forced deregistration is determined by the court based on the individual characteristics of the case.

Unregister

In all cases, when a citizen independently refuses to deregister, as well as to evict from an apartment under legal requirements, a judicial procedure has been established for resolving such issues.
Citizens who have lost their rights to residential premises, who have ceased to use them, or who, in various cases, have lost family relationships with former family members, may be deregistered.
Minor children (one child or several children) may be deregistered along with one or both parents if the owner demands that such non-owners be evicted (not always);
A citizen can be deregistered by decision of a previous court, including when one of the parents is deprived of parental rights, when determining the place of residence in another residential building, etc.
When deregistering an ex-husband, there are several different grounds. It is better to ask a lawyer about this in person; there are various options.

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