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Published: 12/05/2017

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Purchasing an apartment almost always means the owners of such premises receive new living space. As a result, the owner can obtain registration at the address where such square meters are located.

• Normative base
• Registration rules
• Registration procedure
• Conclusion

What is a privatized apartment

The concept of privatized property appeared on the real estate market quite recently, no more than 25 years ago. During this time, many changes were made to the Housing and Civil Code of the Russian Federation on regulating the procedure for privatization of apartments. So, what is a privatized apartment? A privatized apartment is called the transfer of ownership from the municipality to the personal possessions of a Russian citizen. The privatization process is voluntary and should not contain the nature of the purchase and sale transaction, otherwise the apartment, by court decision, will again return to the state fund

According to Federal Law No. 1541-1, only a tenant who lived in a municipal apartment under a social tenancy agreement can exercise the right of privatization.

In some cases, residents move into non-privatized property on the basis of a warrant. This is not a reason for refusing to privatize the legal share of housing. When the apartment is completely privatized, it becomes the property of a new owner - a private individual. After that, he can dispose of the apartment as he pleases - sell, exchange, donate. If several people were indicated in the social tenancy agreement, then all of them can participate in privatization and receive their allotted share in the apartment. Then the privatization agreement is drawn up on the basis of shared ownership.

How to discharge a person without his consent

Is it possible to discharge a person without his consent?

There are quite a lot of reasons for registering a person in an apartment; these can be simply family ties, or help in resolving the issue of registration. Since we found out that its owner can do whatever he wants with a privatized apartment, registering new residents is no exception. But how to discharge another tenant from a privatized apartment? Due to different relationships between people, the owner may decide to discharge another family member who does not want to do this himself. Can an apartment owner independently, without the consent of a registered tenant, remove him from the registration register?

Let us immediately answer this question that yes, it is possible for the owner to discharge a tenant registered in his apartment, even without his consent, however, provided that he does not belong to a certain category of citizens, namely:

• close relatives (spouse, parents, children, siblings, grandparents);
• minor child;
• persons who participated on equal terms in the process of privatization of the apartment.

Thus, any person, if he is not a close relative and did not participate in the privatization process, can be discharged as the owner of this apartment without being provided with any other living space in return. The same applies to a minor child. You cannot remove a child from real estate, even if he is not related to you. In this case, you will need parental permission, as well as written confirmation that the child will be registered in the near future.

What is registration when selling an apartment?

In this case, not only the power of attorney must be notarized, but also the application in Form 6. The period during which the procedure is fully completed is also 3 days. Using the government services portal Those who decide to take advantage of this opportunity need to be prepared for the fact that they will still have to appear at the passport office in person or send a legal representative there.

Info

Innovations of the Federal Migration Service provide individuals with more comfortable conditions for registration/deregistration. Today, if the old and new residential addresses are located in different cities, any person can check out of the old home at the new passport office and register at the new place of residence there. Peculiarities of actions Minor children Deregistration of children has its own characteristics compared to the “adult” procedure.

Possible grounds for eviction

Why does the apartment owner want to unilaterally discharge a registered tenant? There may be plenty of reasons for such actions, let's take a look at the most common ones:

• when the person registered in the apartment does not live at the place of registration for a long time and his whereabouts cannot be found out;
• when family relations with a family member who is registered in this apartment have deteriorated, and the owner does not want him to live here, and the tenant himself does not give his consent to leave;
• if a citizen does not live at the registered address for a long time and the owner of the apartment wants to sign him out so as not to pay utilities (if he does not pay for them himself);
• Forcibly deregistering a person is sometimes required when a real estate transaction is planned, for example, a sale, exchange or donation;
• when someone registered in an apartment is a convicted person. To discharge such a troubled tenant from the apartment, you need to go to court with a copy of the verdict if the convicted person does not give his consent to this action. However, after his release, he can challenge such a decision in court;
• divorce of spouses if the apartment was the property of one of the spouses. It is possible to discharge the second spouse from an apartment after a divorce in which the husband and wife lived while married, only if the real estate does not belong to jointly acquired property (Article 31 of the Housing Code of the Russian Federation);
• If, by court, the child’s parents are deprived of parental rights, then they or one parent will be forcibly evicted from the apartment, and the decision will be signed, even if they have nowhere to register. In this case, the plaintiff can be either the second parent or the guardianship authorities.

A relative can be discharged only on the condition that he has another place to live where he can register.
And if he is a shared owner of a privatized apartment, then he will not be discharged under any circumstances, even if he applies to the judicial authorities. As for minor children, the law is completely on their side; accordingly, it is impossible to remove a young child from the register without the consent of the parents (guardianship authorities) and the availability of another living space where they can be subsequently registered. And if a child has a property share in a privatized apartment, then he can be discharged only if he registers in the apartment, where he will receive a property share no less than the one previously allocated to him.

Discharge of children from the apartment

Deregistration of minor children may cause certain difficulties, since their rights are protected by the state. Guardianship and trusteeship authorities closely monitor all changes in the child’s living conditions. In many cases, the removal of a child from the apartment is possible only by a court decision.

In this situation, the actual place of residence of the child is of primary importance. For example, if a minor lives with one of his parents in a municipal apartment, which is not located at his place of registration, and his parents are divorced, you can be guided by the provisions of Art. 20 Civil Code of the Russian Federation.

According to this article, the place of residence of minor children under 14 years of age is considered to be the place of residence of their parents, guardians or other legal representatives. In the above example, the basis for discharge will be the fact that the child does not currently reside permanently at the place of registration.

The situation is more complicated if the child has a residence permit in the privatized apartment of one of the parents. In this case, a minor child who is a family member of the apartment owner has exactly the same rights to use the living space as the owner himself. Therefore, a child can be discharged from a privatized apartment only on the basis of a court decision.

It can be quite difficult to remove a minor from an apartment, even in court, if the area of ​​the apartment at the new place of registration is smaller than the area at the previous place of registration. In this case, the court considers the removal from the apartment as a violation of the rights of a minor citizen, since his share in the living space is reduced.

Consequently, removing children from an apartment is a rather complicated procedure and very often requires qualified legal assistance.

When making a decision to discharge a minor or refuse to satisfy the relevant claim, the court takes into account the specific circumstances of the case.

The judge may satisfy the claim and allow the child to be discharged, or may retain the child’s right to use this apartment for an indefinite period. In some cases, it is possible to refuse to evict a minor from an apartment.

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Procedure

The owner of an apartment can cancel the registration of one of his tenants, if agreement is not reached, only if he goes to court. So what do you need to do? Contact the judicial authority at the place of registration and write a statement of claim. In the document, be sure to write the basis for expelling the tenant from the apartment, as well as your requirements: to evict the person from your own apartment and remove him from the registration register.

Another question arises: is the person being discharged required to be present in court? The answer is clear - no, but its presence may influence the judge's decision.

In addition to the application itself, you will need to attach a certain list of documents:

• plaintiff's passport;
• title documents for real estate;
• a contract for the assumption of ownership rights, for example, a contract of sale, gift or inheritance.

It would be good if you additionally supported your grounds for deregistering the tenant with official papers. This could be a certificate of utility bills that the registered person does not pay, a criminal record certificate, a divorce certificate, that is, any documents that are relevant to the case. You can also attract witnesses from the outside, most often they are neighbors.

How to discharge the former owner from a sold apartment without court

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Then, after payment, you submit the following documents (originals and copies) to the court reception (expedition):

• Statement of claim.
• Passport(s) of the plaintiff(s) or passport of the authorized person with a notarized power of attorney. If one of the plaintiffs is a minor, then his birth certificate.
• A document that confirms ownership of the apartment. This document includes a certificate of ownership or an extract from the Unified State Register for the apartment. A certificate of ownership has not been issued since 2020. If you don’t have the certificate on hand, then an extract from the Unified State Register of Real Estate will do just fine instead. A paper extract is required; how to order one can be found here. If you have a certificate, we advise you to bring it and an extract from the Unified State Register of Real Estate.
• Contract of sale of an apartment.
• Extract from the house register (certificate of registered persons according to form No. 9).

Necessary documents If the problem cannot be resolved peacefully, the new owner will have to go to court in order to become the only registered person in his new apartment. Documents that must be provided:

• document on the transfer of rights to an apartment - an agreement drawn up between the seller and the buyer and certified by a notary. An agreement that is not notarized can be considered invalid;

• a certificate proving ownership of the residential premises;

• certificate of registration of a citizen at the place of residence;
• a notice sent by the previous tenant of the apartment, a copy of it and a receipt sent by mail.

What to do if the former owner did not check out of the sold apartment?

Important

The residents themselves may not agree to voluntary discharge. In this case, it may be necessary to go to court. To resolve a case through court, you need:

1. Pay the state fee.
2. Prepare a package of papers.
3. Correctly draft a claim to present to a judge.
4. Submit all documents and the statement of claim to the court.
5. Wait for the application to be reviewed.
6. Prepare all evidence by the specified date.
7. Provide all materials during the court hearing.
8. Get a court decision.

When going to court, two points are very important - the correct preparation of the statement of claim and payment of the state fee. It is best to file a claim after consulting with a lawyer.

There should be no errors in the application. To avoid them, you can use a ready-made form in which the necessary data will be inserted.

How to expel the former owner from an apartment 2018

Before this, lawyers advise giving the former owner a written notice, indicating that he has lost the right to use this residential premises and is obliged to leave it.

It should also be pointed out that it is still subject to utility bills, which the new owner is forced to pay, but intends to recover from the ex-owner in court as unjust enrichment.

If this step is ignored, we write a statement of claim “For loss of the right to use residential premises and deregistration.”

The legal basis for the claims will be the above norms. The claim is filed at the place of residence of the defendant.

We bought an apartment: how to register the former owners?

Attention

Lawyers will draw up a statement of claim to the court for the person’s discharge. Leave the application and the lawyers will, without errors, draw up a correct statement of claim to the court for the person’s discharge. No going to the office. Plus free legal advice.Pravoved.RU

• Submit a statement of claim and other documents to the district court. We remind you once again that only one of the owners can submit an application to the court and participate in it; all of them do not have to.

Whoever appears in the statement of claim is the one who files it. Or, instead of the owner, the claim can be filed by a hired lawyer by proxy. You need to contact the district court at the location of the apartment (Article 24 and Article 28 of the Code of Civil Procedure of the Russian Federation). First, you need to get a receipt for payment of the state fee from the court office. The state fee is 300 rubles (clause 3, clause 1, article 333.19 of the Tax Code of the Russian Federation) and can be paid in the courthouse itself.

You will need

• - contract of sale;
• — an extract from the house register or other official document with the data of everyone registered in the apartment;
• — certificate of state registration of ownership of the apartment;
• - statement of claim;
• — Civil and Housing Codes of the Russian Federation;
• — power of attorney, if your interests in court will be represented by a lawyer or other third party;
• - money to pay state fees.

Instructions 1 Read the apartment purchase and sale agreement carefully. If it does not stipulate the right of the former owner to maintain registration, the law is on your side.

It’s even better if it contains the owner’s obligation to deregister at the place of residence after the property becomes your property. 7 Take the package of documents to the court. Don't forget to pay the state fee as well.

After the case is resolved in your favor, you have the right to attribute these costs, as well as documented costs for the services of a lawyer, legal consultations, and notarial actions, to the account of the defendant.

Source: https://kodeks-alania.ru/kak-vypisat-byvshego-sobstvennika-iz-prodannoj-kvartiry-bez-suda/

Required documents

After the court decision is received and enters into legal force, you, with the necessary package of documents, contact the responsible authority for the registration/discharge of people. This is the passport office. In order not to sit in line all day, you can get a coupon from the intermediary organization of the MFC and finish the issue with forced discharge. However, it is immediately worth noting that since the MFC employee transfers the documents to the passport office for certification, the procedure here may take 2-3 days.

So, what documents will you need:

• docket;
• passport of the apartment owner;
• certificate of persons registered in the apartment;
• house or apartment book.

You will also need to hand-write a statement in the prescribed manner with a request for the discharge of the relevant person living in your apartment on the basis of a court decision. After a few days, the tenant will be deregistered. If he lives in the apartment and even after being discharged does not intend to leave it, then you are obliged to appear at the bailiff service along with the court order.

Another case. If you bought an apartment with a registered person

A citizen contacted the agency to sell her apartment. During the initial check, it turned out that in addition to her, two more people were registered in the apartment. When asked who they were and why they were registered in her apartment, the following answer was received.

I bought an apartment a year ago. In addition to the previous owner, two more people were registered in the apartment who were not his relatives. The previous owner assured the buyer that it would not be a problem for her to evict the tenants after the change of ownership. The customer caught fire. I think that the price there was so interesting that common sense gave way under the pressure of greed.

But, interestingly, after the purchase, the buyer went to court and the court, indeed, made a decision on the loss of the right of residence of the “settlers.”

She came to our agency with this court decision and documents for the apartment. But our manager decided to wait for the allotted days for an appeal before starting an advertising campaign. Well, how will the “settlers” appeal the court’s decision? And so it happened.

Ultimately, it turned out that these people were registered in the apartment by the very first owner, who was some kind of relative of them. He sold the apartment at one time, but in the sales contract there was a clause according to which these people retained the right of residence. Since then, the apartment has been sold/bought more than once, and, interestingly, this clause was no longer included in subsequent agreements.

But the court of a higher instance raised this entire chain of contracts, got to the bottom of the first sale and purchase agreement and made a decision in favor of the plaintiffs, the “settlers.” Based on the stated clause in the very first purchase and sale agreement that they retain their right to reside in this apartment.

So the citizen hurried. Of course, we did not sell such an apartment, although, I repeat, it is possible to sell an apartment with a registered person and the registration service will register such a transaction. But why do we need these problems? Moreover, in this case, the citizens physically lived in this apartment and had no intention of vacating it.