Is it possible to discharge people who do not live in a municipal apartment?

How to refuse public housing in this situation?

We have been living abroad for many years.
In the far Moscow region we have housing: 3 rooms in a communal apartment. We don’t live there, we just pay the rent, and it’s already becoming difficult. We would be happy to give this apartment back to the state. The only question that arises is the colon: What to do with registration or residence permit? Is it possible to arrange this without coming to Russia? Or rather, with the inability to come to Russia? Thank you in advance for your answer.

Lawyers' answers (1)

It's easy to give up an apartment. You just need to send an application to the municipal administration to terminate the social tenancy agreement.

You can deregister on the State Services website. Since you are not in Russia, you can contact the embassy or consulate. There is also the option of an extract through the court.

If you have any other questions or need my help in drawing up documents, write to the chat and we’ll discuss it.

Thank you very much, Sergey, for your answer!

If I refuse the living space, what will happen to the registration? I assume that I will be discharged at my place of residence. My registration will simply evaporate into thin air, or I will be attached to the local file cabinet at the house management or passport office. If so, can I then register elsewhere?

Many thanks for your help! I'll wait for an answer dot Dmitry

Dmitry, you need to deregister yourself; no one will automatically deregister you. After deregistration, you can register elsewhere.

refusal of the share of municipal housing

Hello. Since the apartment is not personal property, no one has a share there. Payment responsibilities are borne by all adult citizens registered there, but charges are made to all registered persons. You can determine the shares of payments through the court, i.e. achieve payment of 1/3 of all invoices issued. If you deregister from this apartment, the apartment will not automatically be transferred to the administration. For significant debt, the courts may try to move you all to another, more modest housing, taking into account sanitary standards, although in practice this happens extremely rarely, it is almost impossible to do this.

If the apartment is not privatized, then its owners are not the tenants, but it belongs to the municipality, which can file a claim in court to collect the debt. If you deregister.

According to Art. 69 of the Housing Code of the Russian Federation “If a citizen ceases to be a member of the family of the tenant of a residential premises under a social tenancy agreement, but continues to live in the occupied residential premises, he retains the same rights as the tenant and members of his family. The specified citizen is independently responsible for his obligations arising from the relevant social tenancy agreement

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Reasons and grounds for terminating a social tenancy agreement

A social tenancy agreement is a document concluded between a municipality and a citizen, according to which the latter receives the right to reside and use residential premises owned by the state. Such an agreement can be terminated at the initiative of the tenant or lessor.

What reasons can be grounds for terminating the contract? What should a citizen do to refuse the provided housing? We will also consider other nuances of this issue in more detail in the article.

Relinquishment of ownership of real estate

The specifics of the refusal procedure depend on the specific situation. First of all, those events on the basis of which the citizen received property at his disposal are taken into account. Regardless of the circumstances, however, the property owner must comply with the general waiver process requirement. It is described in Article 236 of the Civil Code of the Russian Federation and involves one of the following actions:

Public announcement of refusal.
Committing actions that directly indicate reluctance to use the property.

The text of the refusal statement must be unambiguous. This will avoid disputes regarding property in the future.

What laws govern it?

The main provisions for the termination or termination of a social tenancy agreement are regulated by Article 83 of the Housing Code of the Russian Federation.

It says that:

Each party has the right to terminate such legal relationship at any time.
In order for the employer to refuse, the written consent of his family members is required.
The reason may be for residents to move to other housing.
The grounds on the part of the landlord may be failure to pay for utilities, damage to housing, violation of the rights of neighbors, which is systematic, or inappropriate use of the premises.
The grounds for termination of the contract are the death of a single tenant or loss of housing.

Article 91.10 of the Housing Code describes in a similar vein legal relations under a lease agreement for residential premises of a social housing stock. The provision of another residential premises due to the recognition of the previous one as unsafe, complete destruction and other reasons are grounds for termination of the lease document for the previous premises. All such cases are discussed in detail in Articles 84-91 of the LC.

Reasons and reasons

We have already slightly touched upon the topic of reasons, but further we will reveal them completely separately for each side. The state, represented by a local municipality, may deprive a citizen of the right to reside and use residential premises under a social tenancy agreement in connection with the following circumstances:

The tenant deliberately worsens the condition of the property.
Doesn't care about its condition and doesn't carry out routine repairs.
The tenant causes damage to common property and the property of neighbors.
Doesn't pay utility bills. The reason may be the absence of payments for 6 months during the year, or the presence of a debt that exceeds the amount of 3 average payments per month.
Prevents the repair of various housing systems.
Leads an immoral lifestyle, thereby violating the rights and interests of other citizens.
Keeps the premises in poor condition, clutters it, thereby worsening its condition.
Uses the apartment not for living, but for other purposes.
He moved to another living space and does not use this room.
The citizen has been allocated another housing due to the loss of the previous one or its recognition as unsuitable.
The employer lost the grounds for providing such housing, ceased to be low-income, quit his job, thanks to which he received housing, etc.

How can it be terminated?

If a person really does not need this premises, he has other housing, then he can apply to terminate the contract with the municipality. The law directly states that if a citizen moves out and lives in another place, then from the moment of his departure the contract is considered terminated. But in reality this is not the case.

If you just move out and forget about the state apartment, the bailiffs will remind you of it when they come to collect your utility debts. Therefore, it is necessary to resolve these issues; it will be difficult to prove later that you have not lived in this apartment for a year. And if some utility resources are recorded by metering devices, then there are those that are paid regardless of their use. For example, heating.

Contact the local municipality with a written application addressed to the head of this body, in which you write in free form about your desire to terminate the rental agreement.
In the application you must indicate your details - full name, series and number of your passport, as well as the address of the property in question. It is necessary to correctly fill out the “header” of the application in the upper right corner, where it should indicate who you are applying to, what organization and on whose behalf.
If the employer entered into a social tenancy agreement together with other relatives, he must attach to the application their written consent to his actions (read about where and how the agreement is concluded here).
The application is accompanied by copies of identification documents of all residents, as well as documents confirming family ties - birth certificates, marriage certificates, copies of housing documents - social tenancy agreement, warrant and technical passport.
All family members of the employer sign the application.
If a positive response is received, the transfer of housing to the owner may be scheduled.
When transferring housing, an act is drawn up in the presence of representatives of the parties, where they record the condition in which the tenant returns the apartment to the owner, the fact of the transfer of keys.
If, when drawing up the act, damage to the owner’s property is discovered, he has the right to sue to recover the amount of damage from the former tenant.
If at the time of termination of the contract the tenant has a debt on utility bills, then this will also be collected. In addition, they may impose late fees.
The transfer act is an optional procedure; the owner can simply draw up an agreement with the tenant to terminate the contract, which will indicate the date and fact of its termination.
After this, the citizen ceases to be an employer and loses all rights and obligations, except for payment of debt and compensation for damage, if any.

applications for termination of a social tenancy agreement
applications for termination of a social tenancy agreement
agreements to terminate a social tenancy agreement
agreements to terminate a social tenancy agreement

Deprivatization of real estate

We are talking about giving up ownership of previously privatized housing. It will automatically become the property of the state. It should be understood that the applicant can only refuse that share of the real estate that belongs to him personally. If part of the housing is registered in the name of a child, then to obtain a refusal you will have to contact the guardianship authorities. This organization protects the rights of minors and is unlikely to approve such a deal.

For deprivatization, the applicant will have to collect the following documents:

identification;
statement of refusal, certified by a notary;
copy of personal account;
extract from the house register;
title papers;
extract from the Unified State Register of Real Estate;
technical and cadastral passports for real estate;
certificate from the BTI;
certificate of absence of debts on utility bills.

The above documents must be accompanied by an agreement on the transfer of real estate into state ownership. The package of papers is transferred to local authorities.

The deprivatization procedure lasts about two months. During this period, the initiator can change the decision and withdraw the application. If the deprivatization process is completed, it will no longer be possible to reverse it. The maximum that the former owner can count on is the conclusion of a social tenancy agreement, allowing him to use the living space. This is possible if there are compelling reasons (for example, the applicant has lost his main home).

Nuances of deprivatization

In most cases, giving up ownership of an apartment does not cause any particular difficulties. Problems can only arise in the following situations:

Shared ownership. Transfer of a share into state ownership is possible only with written consent from other shareholders.
The owner of the property has not reached the age of majority or is incompetent. To carry out deprivatization, you will have to obtain permission from the guardianship authorities.

The abolition of privatization can be achieved in court. However, you should only go to court if there are compelling reasons. Each argument must be supported by documentation.

Relinquishment of ownership rights to a share in an apartment

The owner of the share has the right to make any legally significant transactions with his property. However, it must be remembered that other shareholders have a priority right to purchase common property. That is, when putting a share up for auction, a citizen must first offer it to other shareholders, and only if they refuse can he sell the property to a third party.

With the registration of gift deeds, the situation is simpler - you can give your share to any person. In this case, the consent of the shareholders is not required. To transfer rights, you need to contact Rosreestr, where the housing is registered in the name of the new owner.

A citizen has the right to refuse a share in an apartment at any time, including at the stage of its privatization. Additionally, he will have to contact a notary. Here he writes a statement that he does not oppose the privatization of housing by other owners.

Procedure

To abandon real estate, a citizen must first announce his decision. To do this, a written refusal is drawn up and submitted to the registration authorities. Based on the data received, appropriate changes are made to the real estate register.

An application for refusal is submitted to the municipality. Once a property is deregistered, it can be considered abandoned. The object becomes the property of the state.

In addition, the owner has the following actions:

Possibility to pause the refusal procedure. To do this you will have to submit a corresponding application.
Within 12 months from the date of refusal, you can take the property back.
Confirmation of refusal, as a result of which the former owner forever loses the ability to dispose of the property.

When the property receives the status of abandoned property, the former owner will receive a corresponding certificate. After a year, the housing can be transferred to a new owner. He will be responsible for maintaining the property.

Special cases

In some situations, it is impossible to legally deprive a person of public housing, even if there are reasons listed earlier. The law specifies the categories of citizens whom the municipality has the right to evict only with the provision of other housing if the existing one is declared unsuitable.

Who cannot lose their right of residence?

The following are in a special legal position:

WWII veterans.
Minor children who do not have other housing.
Family members of a deceased employee of some government agencies. Including military personnel, police officers, customs officers, the FSB, the prosecutor's office, the penal system, and the fire service.
Pensioners.
Family members of a deceased professional who was provided with housing in connection with his activities.
Disabled people of groups 1 and 2, if their health condition has deteriorated as a result of professional activity.

We privatize our share in a municipal apartment without the consent of shareholders. Adviсe

Unfortunately, people living in the same municipal apartment do not always have good family relationships with each other.
Therefore, the desire to privatize part of the housing in order to secure ownership of the property is quite understandable. Is it possible to do this from a legal point of view? What does the law say? The transfer of public housing into ownership free of charge is regulated by the Federal Law “On Privatization...” dated July 4, 1991. It has been in effect for more than 20 years, but people still have questions regarding the privatization of housing.

The situation when one of the residents of the apartment does not give his consent to the procedure, and it is impossible to reach an agreement with him, is one of these.

What to do if a person does not agree to privatization and at the same time does not want to write a waiver of his share? The simplest thing is to exchange the apartment and privatize (or not privatize) everyone’s own living space. But this is not always possible due to the size of the apartment and other, very different circumstances.

That’s why people are trying to find a way out to privatize their part of the housing without exchange.

Consequences of termination of ownership

The fact of abandonment of property does not indicate release from obligations regarding its maintenance. The former owner will pay the bills until the property has a new owner. For example, if a citizen owned a plot of land, then he will have to pay land tax even after the termination of ownership. When the plot has a new owner, he will bear the expenses.

Municipal authorities may also lay claim to the property. This is possible if, a year after the refusal, the property does not have a new owner.

Thus, relinquishing ownership of real estate is a rather complex procedure in which a number of nuances must be taken into account. The owner should weigh all the pros and cons before making such a responsible decision.

How is the housing privatization process going?

An apartment is an integral piece of real estate that can be privatized either for one person or for several persons. At the same time, shared privatization does not have to be carried out in equal parts.

The size of the shares may be different, the main thing is that all participants in the process agree on this among themselves. It is also important that the rights of minors are not violated, otherwise the guardianship authorities will not give their permission to conduct a gratuitous transaction.

Then the share due to him by law is distributed among the remaining participants in the privatization process.

From the point of view of the law, privatization of your individual share in housing is impossible. It is also impossible to obtain forced consent through the court; the decision of all persons registered in the apartment must be exclusively voluntary.

However, there are some methods that we will discuss below, but they, firstly, require sufficient effort, and secondly, they are not particularly reliable.

Who can refuse property

The possibility of refusal is available to both individuals and legal entities. Municipalities and government bodies are deprived of this right.

By refusing property, a citizen or company reserves the right to change the decision until the object is transferred to third parties. Otherwise, it will be impossible to return the property.

How to privatize your share separately

Knowing that residents of communal apartments do not need the consent of their neighbors to privatize their room, some residents of municipal housing who found themselves in the situation described above began to try to transfer it to communal status in order to then privatize their room in the apartment without any problems.

But is it as simple as it seems? Let's try to figure it out in detail.

It is necessary that part of the apartment really becomes a separate object, and for this it must satisfy the following conditions:

be a room completely isolated from other rooms;
have your own entrance into it.

If this is technically feasible, the following actions can be taken:

Contact the municipal authorities, since they are the owner of this property. Since redevelopment of the apartment will be required, it is necessary to write an application requesting permission.

If a positive response is received, a redevelopment project must be drawn up and approved by all relevant authorities.

Then the actual division of the premises takes place, and a new social tenancy agreement is drawn up for each newly formed object.

The part allocated in this way can be privatized in accordance with the general procedure.

In this case, the disadvantage of this method is the lack of property rights to common areas; the owner will not have it. You can use the bathroom, restroom, and utility rooms only together with other residents.

Privatization by agreement

In some cases, a municipal apartment turns into a communal apartment by agreement between the residents. In this case, having previously agreed among themselves, they draw up an agreement about which room will belong to a particular person.

Such an agreement must indicate:

full information about each of the parties to the agreement;
address and technical characteristics of the apartment;
distribution of rooms according to their exact area.

Thus, everyone has a separate room, while the rest of the area remains for common use, that is, the apartment becomes communal. Having such an agreement in hand, you can apply for the privatization of a separate room.

Moving into a privatized communal apartment.

There is such a form of ownership when each room in a communal apartment belongs to each person on the basis of property rights. Such apartments are often formed as a result of the allocation of shares in private apartments, when the court allocates separate rooms and separates personal accounts. Another option is to divide the apartment between spouses after a divorce. There comes a time when the owner of one of the rooms wants to move in a new tenant, for example a new wife. Does he have the right to do this or not? According to the law, a room in a communal apartment is a separate property, so permission from neighbors is not required. It is necessary to determine with your neighbors the norms and procedures for using all common places, since only the room is owned, the general infrastructure is in common use. You have the right to accommodate temporary residents in your own room under a rental agreement, but at the same time agree on the procedure for using common areas. Any refusal or move-in can be challenged in court. If one of the parents is the owner of a room in a communal apartment, the owner’s minor children move in without permission. To register a child in a room, it is enough to provide the Federal Migration Service with a title document, the child’s birth certificate.

As judicial practice shows, courts of first instance interpret articles of the law based on property rights: the right of ownership, use, disposal, that is, the owner has the right to move family members or third parties into his room.
At the same time, they do not take into account that only a room is in the property, the other area is at general disposal. Residence permits for third parties will be erroneous. The higher court is interested in whether there is an agreement on common areas. If there is no such agreement, moving in without permission is not possible. Such a document can be drawn up between the owners on a voluntary basis or a lawsuit can be filed in court. Rating 0.00 (0 Votes)