Can the owner deregister a registered person? Homeowner's rights
- Use of municipal property for other purposes. If a tenant decides to convert the apartment into a store or uses it as a warehouse, neighbors can sue him and demand that he vacate the premises. Since the citizen is not the owner, but only the tenant, a decision will be made to vacate the living space.
- Public order disturbance. If the tenant drinks, is rowdy, and systematically disturbs the silence at night, then the court will decide to evict the defendant and his entire family. True, in this case there are reservations. A person should not be discharged onto the street, especially if there are minor children in the family. He should be provided with temporary housing from the reserve fund, but in most Russian cities it simply does not exist. As a result, neighbors have to tolerate the violent tenant for years, despite all police reports.
- Non-payment of utility bills. If the tenant does not pay for more than six months, the court will decide to evict. At the same time, other persons living in the same territory are not obliged to pay other people's debts.
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How to expel your ex-son-in-law from the apartment?
“In 1971, my daughter got married, and we registered my student son-in-law in our apartment. After graduating from college, this man abandoned his daughter and granddaughter. Lives with another woman. However, according to the documents, to this day he is registered in our living space, and the Housing Office charges him “utilities.” This is how we live: me, my daughter, my granddaughter and my son-in-law’s “registration.” Is there any way we can get rid of this “phantom”? Anastasia Marchenko, Brest.”
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— It is possible to remove a citizen from registration at the place of residence in two cases: eviction or recognition as having lost the right to use housing on the basis of a copy (extract) of a court decision on eviction that has entered into legal force.
Is it possible to sign a person out of an apartment without his consent?
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Hello! please tell me how to get my ex-son-in-law out of the apartment
1 answer. Moscow Viewed 345 times. Asked 2012-01-19 10:36:07 +0400 in the topic “Other questions” Please tell me how to get my son-in-law out of the apartment? additional data inside. — Please tell me how to get my son-in-law out of the apartment? additional data inside. Further
1 answer. Moscow Viewed 281 times. Asked 2012-09-30 12:49:33 +0400 in the topic “Housing Law” How can you legally resolve the situation with the discharge of a former son-in-law, a widower, from an apartment privatized for his mother-in-law? — How can one legally resolve the situation with the expulsion of a former son-in-law, a widower, from an apartment privatized for his mother-in-law?
Conditions for discharge and legal grounds
Here is a summary of all the important points that it is advisable for an apartment owner to know before starting to forcibly eject a registered person from his apartment. Your lawyer's loss in court may forever eliminate your ability to get rid of your written characters. Good luck to you. My brother will only have to be discharged through the courts. Before doing this, it is highly advisable to send him a written notice of voluntary eviction within a reasonable time.
My sister discharged me from the apartment through the court. Can she come to the passport office with a lawsuit and write me out?
The apartment is located in social. hiring She doesn’t pay the rent, because of her I can’t change the social lease agreement to include my daughter, I can’t get a government loan. social assistance.
In theory, he should be provided with temporary housing, but in practice he has to wait a very long time. Therefore, this issue has to be resolved by the initiator of the eviction.
What are the consequences of registering a son-in-law in his mother-in-law’s apartment?
If deregistration is carried out by an authorized person, the text of the power of attorney itself must contain a clause giving the right to perform these actions.
Dear Oleg, in your case you need to look for eyewitnesses who can show (prove) that the money you took went to expand your housing and that you have a share in this, which will be very difficult, almost impossible. You didn’t have to give permission to register everything for your mother-in-law.
Temporary change of residence. If a person moves to another place of residence for a period of more than 90 days, he needs to deregister at his previous place of residence and apply for temporary registration at a new place of residence.
Can a mother-in-law expel her son-in-law from the apartment if he doesn’t pay fees and his daughter died six months ago? The apartment is municipal, he is registered there. There is also a granddaughter and great-granddaughter who are also registered. And my son-in-law has a house that was left over from his mother.
Even if the home belongs to the mother-in-law and the son-in-law is not registered there, it will not be possible to put him out on the street. The eviction procedure is described in the Civil Code, and its essence is that this can only be done on the basis of a court decision. That is, the mother-in-law will first have to file a lawsuit to evict her son-in-law as not having or having lost the right to use the residential premises.
As for the share of your mother’s common-law husband, the court apparently meant that your mother would receive ownership of this share through the so-called acquisitive prescription.
Lyudmila, tell me, in the event of a divorce from his wife, will the mother-in-law have rights to any part of the apartment when dividing property? Thank you in advance.
How to get your ex-son-in-law out of your apartment
Hello Sergey Vladimirovich. According to Article 30 of the Housing Code of the Russian Federation, the owner of a residential premises has the right to own, use and dispose of the premises belonging to him. Also, this provision of the law provides that the owner has the right to provide possession of residential premises to other persons on the basis of an agreement or on another legal basis.
In this case, the former son-in-law was moved into the residential premises belonging to you as your daughter’s husband, that is, as a member of your family.
Questions and answers
Any owner has the right to dispose of his premises: sell, donate, bequeath it, etc. This is stated in the Housing Code of the Russian Federation. The owner also has the opportunity to provide his housing to other persons, if such an action does not contradict the law. If you wish, you have the opportunity to register both close relatives and your friends on the territory of the apartment. In your situation, the son-in-law received the right of residence as a family member, since he was at that time the husband of his daughter. But now this person has nothing to do with your family. The divorce took away his kinship with you. Consequently, he also does not have the opportunity to live in your personal apartment. More details about this are written in Article 31 of the Housing Code of the Russian Federation. This article of the Housing Code will become the basis for applying to the judicial authorities in order to discharge a former relative. Most likely, the court will recognize him as having lost the right to use housing. It is worth noting that if your son-in-law currently lives with you, then the statement of claim must indicate the demand for his eviction. This way you will be able to deregister your former relative not only legally, but also actually, leaving him no chance to live in the apartment. If a former family member is unable to provide himself with housing, then the right of residence may be assigned to him for a certain period. Sometimes the court makes such decisions. Therefore, immediate discharge from the apartment may not happen. This is also reported in Article 31 of the RF Housing Code. But such a period cannot be long. And after its expiration, the former family member will be obliged to leave the occupied living space. All his rights will be terminated by court decision. When filing a statement of claim in court, you must adhere to the requirements of Articles 131, 132 of the Civil Procedure Code of the Russian Federation and provide a package of documents, which will include: - Statements of claim for all participants in the case. In this case, 1 copy of the claim for your son-in-law; — Title documents for your apartment; — Marriage certificate of your daughter and this citizen; — Certificate of divorce; — Document confirming payment of fees for the provision of public services. It is worth noting that all documents may not be provided in originals. Copies will be sufficient for the trial. You should address this issue to the district court at your place of residence. Legal proceedings in this regard may last for 2 months. This is precisely the deadline provided for in Article 154 of the Civil Procedure Code of the Russian Federation. The beginning of the trial is the day when the claim was filed in court. The decision on this issue will come into force after the deadline for appealing it has expired. In this case, this period is 1 month from the date of the final decision by the district court. During this time, the son-in-law has the right to appeal to a higher authority. If no appeal is made, the decision will be final.
Can a mother-in-law “discharge” her son-in-law from the apartment?
You need to keep in mind that according to the rules (clause 31 of the Government of the Russian Federation of July 17, 1995 No. 713), a citizen can be deregistered in the following cases:
eviction from occupied residential premises or recognition as having lost the right to use residential premises - on the basis of a court decision that has entered into legal force;
detection of untrue information or documents that served as the basis for registration, as well as unlawful actions of officials when deciding the issue of registration - on the basis of a court decision that has entered into legal force.
In 1997, my mother privatized an apartment into joint ownership with her common-law husband.
How can I expel my mother-in-law from my apartment without her consent?
356 lawyers are now on the site Consult a lawyer online Ask a lawyer 356 lawyers are ready to answer now Answer in 15 minutes My mother-in-law was registered in my apartment with my consent, but she refuses to pay some of the utilities, can I sign her out of the apartment without her consent? If I can, what do I need to do?
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Dear Alexander! Can I sign her out of the apartment without her consent? Alexander You can. If I can, what do I need to do? Alexander Go to court.
April 12, 2020, 16:28, question No. 1217748 Alexander, Omsk Collapse Online legal consultation Response on the website within 15 minutes Answers from lawyers (1) 18929 answers 6456 expert reviews Chat Free assessment of your situation Lawyer, Omsk
And with what claim, I will answer after your clarification: do you own the apartment or municipal one? Has your mother-in-law moved into the apartment or is she just registered in it? April 12, 2020, 16:41 0 0 All legal services in Moscow Best price guarantee - we negotiate with lawyers in every city on the best price. Similar questions 23 March 2016, 15:20, question No. 1192293 06 March 2020, 14:47, question No. 1562374 17 February 2020, 13:16, question No. 1543195 16 April 2020, 12:20, question No. 805818 18 June 20 13, 12:55, question No. 103164 See also Pravoved.ru In the mobile application and Telegram, lawyers answer faster and an answer is guaranteed even to a free question!
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