Housing issues and problems are often the most painful in our lives. It is in this area that people often pay for their trust and sympathy to others. Here the most tragedies between the former relatives and just recently close to each other people. So, can the owner of me from the apartment without my consent?
Is it possible to write out of the immunity apartments without his consent
First we clarify the terminology. We all talk about registration and discharge, but these words have long ceased to be official terms.
Now it is customary to talk about registration records. It is invented at all with the intention to nail each person to a certain place, as they often think. The concept of registration is introduced mainly for the following purposes:
- for a full realization by citizens of their rights;
- for proper performance of all sorts of responsibilities (in front of other people, the state, and so on).
Permanent registration at the place of residence is that the most advantage of which everyone is accustomed to speak and take care. And the extract in the modern one is called withdrawal from registration.
In order to register on an ongoing basis somewhere, a person often needs the consent of other people - owners of housing, a decree, all living. And for registration stops, this person himself must (ideally) to express on this consent. And if there is no goodwill in this matter?
Then you have to take a person from accounting against his will. Only do it may not always.
The next video will tell you how to write out from privatized apartment Former relative without his consent:
Now let's tell about the procedure for extracting from the apartment without consent.
Procedure
To write down someone from the residential premises, you must first prove to this right. There may be a huge amount of such situations, as well as disputes on them. However, in February 2015, the Supreme Court of the Russian Federation summarized the practice of a number of cases, after which some difficulties with discharge were in the past.
What major reasons may induce a person to the forced discharge of anyone:
- prescribed ceased to be a family member;
- a long time does not live in registration, "communal" does not pay;
- residents in place, but does not pay his part of the rent;
- the previous situation is complemented by any non-compliance with the rules of residence.
Out of court
Suppose, in your life there was a need to remove anyone against his will from the registration account. You want to do without litigation, consulting with lawyers. Planning everything to solve "quickly" with employees of the passport table.
This option is simply impossible. Passportists have no right to just write people from the apartments. One statement of the owner (employer) housing is not enough. Even in the presence of evidence (non-payment of "communal", violations of the rights of other tenants, and so on).
Hence the conclusion: if you are asked for the kindness of spiritual anyone to register anyone on your living space, be internally ready for possible negative consequences. Today's cute petitioner can become a real homemade monster.
This does not mean that you do not need to believe anyone, sympathize and help. It's just necessary to do everything not on emotions and not under the influence of requests like "Let's cry at now, but then the residence agreement is then." Any deed should be thought out in all embodiments.
By court
Simple cases in terms of discharge of a person from housing against will almost never happen. There are only more or less complex.
In any case, it will be necessary not to just write the statement of claim, but also to make the most logical and correct evidence. After all, the judge is completely not familiar with the situations of the plaintiff and the defendant. The right will be the one who truly substantiated its requirements.
Further information concerns only removal from registration of adults. The situation with juvenile children is so complicated that it requires separate consideration.
Consider the main points of the statement of a person through the court:
- The defendant must be notified of the presence of a claim. I need at least his signature on the agenda or confirmation that in such a signature was denied. If the defendant is unknown where, you will have to first set its location, this is done through the police.
- At the court meeting, it is necessary to confirm its requirements and then justify. For example, to present receipt of payment of "communal" and report that the respondent does not contribute to a penny. Call in the witnesses of the neighbors - let them confirm that the person does not actually live. This also applies to its own housing.
- Relatively simple option with a discharge former husband / wife. If you are the owner or the apartmentmade, they terminated the marriage, and the former "half" the owner of the housing is not and will not want to move, there is an explicit violation of your rights. Even if the former relative pays his part of the "communal". If not, you are most doubly. Of course, the apartment should not be shared by property.
- Another relatively simple situation, if the guilty tenant violates someone's rights: yours and / or neighboring. For example, drunk, noise, arranges fights. The main thing is that during these incidents caused the police - official protocols will be full confirmation, and their readings will be performed perfectly.
- If the court considers the proof presented insufficient, you can always apply for new ones. If only such an opportunity existed. If the case will still be lost, you will have to prepare for appeal.
Here and let's stay in more detail on the generalization of the Armed Forces of the Russian Federation on this matter. It is really important, as it allows you to solve once intractable questions.
Previously, if at someone who voluntarily refused his share, he received the right to use this housing for life. This made almost impossible to subsequent sale of such an apartment. Now, if the refusal does not live in place and does not participate in care about the apartment (no utility costs), such a limitation is removed.
A separate clarification concerns the so-called. These are not only divorced spouses, but also another relatives. Of course, the Father and the Son actually will remain even on the soil of the housing conflict. But if they do not have common economy And the budget, mutual assistance, and the relationship themselves are discontinued, then such people legally become former relatives.
It was this situation that the Armed Forces of the Russian Federation was allowed in favor of the plaintiff, who in courts of the local authority could not see the discharge of a long time ago from the son of his son.
A special case
Another patient question :. It concerns people who do not live at the place of registration of people. Previously, they could not be written if the person had no place in stock. Now, if the defendant drove voluntarily and does not declare that he was kicked out of his house, the plaintiff had every chance to achieve a positive decision.
The questions of the discharge of people whose registration remained valid at the time of sale of the apartment remain difficult. If such a tenant turns out to be disabled, stop registering hardly.
To stop the registration of the convict is also not difficult, there would be a copy of the sentence. However, when the prisoner will be released, he is entitled to receive registration again, and when selling former housing, a deal may appear.
Problems with undesirable tenants are rare intimidated and diverse. Allow them is necessary with great patience and the complete realization of their rightness. And then housing will be free from the "overload".
How to write a person who agreed to privatization, but not wanting to be discharged, will tell the following video:
Much more useful information On issues of a person's discharge from an apartment or at home without his consent contains the following video:
The reasons for the owner of the housing may need to write out someone from its apartment is abuse, but mainly this reluctance to continue joint coexistence. Whatever reasons are, it is important to know how this can be done by law, as the owner of the apartment to write prescribed And in what cases it is possible to write a unwanted tenant, and in what no.
This article we will talk about how to write a person from a privatized apartment.
It even happens that the person left the apartment and actually no longer live at this address, but not filmed from the registration accounting. In this case, at a minimum, you have to pay for the "dead souls" utilities, and as a maximum, such an apartment is considered with the encumbrance and it will not be possible to sell, change, give, or arrange.
Who is discharged - the owner or minor
The procedure of extracting from the apartment first of all depends on what the status of the writable, namely, whether he is an apartment co-owner or is a minor.
If the person you plan to write out is a co-owl of a privatized apartment, then it will be impossible to write it without his consent. In the second case, when you need to write down a minor, then the procedure is possible only when coordinating the guardianship and guardianship authorities. The same applies to both incapacitated persons. The determining condition in a positive solution to the issue is the provision of irrefutable facts that a minor or incapacitated will be registered after discharge on the living space, similar to the one in which he is now registered. That is, it is impossible to worsen his current state of living and prescribe, for example, in an apartment with a smaller living area.
Prescribed but not owner
We learn how the owner of the apartment is written prescribed, which is not the owner of this living space, but at the same time registered in it. Such a person can be a member of the family of the owner, and, accordingly, on legal grounds has the right to enjoy the housing of the owner. You may write this person only when it loses the right to use this residential premises.
In what situations can you lose the right to use by residential premises?
The causes of loss of the right to use housing can be:
Termination of marriage, that is, the former spouse / spouse is not considered a member of the family of the owner
The living space was privatized, that is, property was received before marriage
The person who wants to write down, no longer live at the specified address and has another permanent place of residence
Prescribed, but not the owner does not pay utility services and does not participate in any other way in the content of the apartment
How to write out the owner of the apartment registered in this case? The answer is very simple: it is necessary to collect documents that could confirm any of the above facts. These may be official documents, such as the termination of the marriage, the readings of the neighbors that the prescribed does not live in fact on this housing, the testimony of precinct, receipt of payment communal servicesthat you are signed.
Register from the apartment of a prescribed person, after you have gathered all the documents, perhaps only through the court. Sometimes the court may refuse the statement of a prescribed person. The reason may be the fact that someone who wants to write out no other housing and there are no funds to buy a good accommodation.
Expert comment
Igor Voropaev - Leading Lawyer "Prosper Consulting"
Portal Consultant PropertyExperts.
The topic of eviction is quite frequent. Several times a week, owners come to my agency for consultation with a request to help draw up an application for eviction. Most often they plan to sell existing in possession of privatized property, but the presence of any negligible relative (sister, former husband) violates the usual order, so a citizen, by law on the right legal, can not independently make a deal.
I am not talking about the presence of a share of prescribed (which is often not), but about the factor of the presence of temporary or constant registration. Pretty frequent is the case that the prescribed person makes a desire to not give the seller to fully dispose of his property and decides to stay in the apartment. In this situation, the Council of Takov: First of all, you have the right to talk to a person, explaining the situation, and if the moments of disagreements will arise between you, refer to the Housing Code of the Russian Federation.
If you failed to agree, assign the price and offer to buy housing. If this is not enough, you can begin to prepare a statement to the municipal authority.
Anyone who at least once thought: "How to write out a person from home without his consent, if I am the owner?", Looking for a NPA on this issue and is trying to understand what kind of right there are people registered on his housing. Much here depends on the age of tenants, the reasons for which people were spelled out in the house, and why they need to be written now.
Right of ownership
Based on Art. 292, 209 and 288 GK In Russia, the owner may write out of the housing of registered citizens even without consent (the court decision will be required). If possible, the question must be solved peacefully without trial. If the tenants refuse to respond from registration, the idea that they will be discharged in any case, but the whole procedure will take longer. If a person is not the owner, but simply registered, he can't write out his "neighbors".
Who can not be written through the court
However, some people prescribed in the house can not be written without consent. These tenants include:
- owners of minimal fractions for fictitious registration;
- people living in the house on testamental failure, although not owners of housing;
- a citizen who has refused to privatization (if he does not live there, the owner will be able to write a registered recorded documentary evidence of the actual stay at another address);
- former spouses, if in marriage contract there is a corresponding point;
- minors, forced to live temporarily in the orphanage, but preserved the right to recruit in parental accommodation.
And it does not matter whether there are related links between the property owner and these tenants. In other cases, you can safely write a capable and adult person from home without consent and physical presence.
How to write a person from home: stages of the procedure
If prescribed is not going to voluntarily removed from the regulatory or its location is unknown, the owner may write a citizen in judicial order. To do this, make a statement of claim.
In some cases, the court obliges the owner to provide the tenant in other premises in which he suffers. Those. Without the provision of alternative real estate, a person cannot write down. Or the court will give a temporary deferment, during which the tenant undertakes to find another place of registration. A lot of factors affect the judicial verdict, incl. The financial position of the registered.
In the case of a positive decision, the owner 10 days after the meeting receives a court order, on the basis of which one can write a person.
Faster to place an extract in the separation of the multifunctional center, and not in the passport desk, since this organization has a convenient work schedule and accepts statements from citizens regardless of territorial sign. In addition to the court order to MFC, you must bring documents:
- passport;
- paper on property;
- book.
After that, a person will discharge with the living space in the deadline established by law.
Private cases of extract
Situations when you need to write out a person without his knowledge, a lot. Each has its own characteristics associated with the list of submitted documents or the required actions.
Catalysts extract
There are several factors in which removal from the registration account will be relatively fast:
- the house was purchased, received as a gift or inherited before marriage one of the spouses;
- the house prescribed in the house does not live and pays the communal (provided that he has, where to be written);
- citizens who have deprived parental rights are discharged from real estate owned by their children, without providing other housing;
- a person registered in real estate threatens the health of the owner of the object.
For a court, as an evidence base, it will only be necessary to provide documentary confirmation (donation agreement, statements in the police, etc.). All other situations are considered individually, but usually the issue of discharge is solved in favor of the host of the house.
How to write a minor child?
If parents and minor were prescribed in the house, then after the adult statement in some other place, the child is automatically prescribed with them even if they "forgot" to remove it from the regulatory. If a a minor child It is necessary to write out simultaneously with the parents, it will be necessary to resolve the OOP. Official care consent can only be obtained if any other residential premisesin which he can live a child.
Those. Extract of minors "Nothing" is not carried out. But at the same time, guardianship staff sometimes close their eyes to the actual conditions of the new child's place, for example, give good to registration in the house without utility, since it is a registration, and not acquiring property to property.
In case of compulsory discharge of minors, in addition to the permission of CCTP to bring paper, confirming the actual child's accommodation in another address. For example, this paper may be a certificate from an educational institution or from the clinic, to which a minor is attached. Those. Father after the divorce can write a son or daughter who actually live with her mother.
Extract of the former spouse
If the house was acquired during a marriage or there is a marriage contract for which ex-husband Or the wife has the right to live in controversial real estate, then it is not possible to remove from the regulatory person without his consent.
If the housing was bought before marriage or received free of charge during it with one of the spouses, then the second (for example, a former wife) will be calmly discharged. To do this, it is necessary to attach a certificate of termination certificate to the finished documentation set. Other confirmation of the absence of family relations may be required, for example, testimony about separate accommodation. To extract the cohabitant only the statements of the residential premises are needed.
How to write a pensioner
The discharge of pensioners takes place as usual. Difficulties arise only if they are disabled or recognized as incapable. In this case, without their consent or permission of the OhIP, it is impossible to send pensioners from registration records.
Execution of the convict
If a citizen is in places of imprisonment, he may be forcibly discharged from the house on the basis of a court sentence. But there is a nuance that freed by the former prisoner has the right to restore his rights, regardless of which this property is now owned.
Extract due to service in the army or study in another city
Situations with the discharge of the urgent army service and students in the university are similar. They can be removed from the regulatory on the basis of the statement of the owner and the document from the military registration and enlistment office or educational institution. After the end of the service or learning, a person is easily prescribed in the house.
Extract with a long lack of man
If a citizen does not live in real estate for a long time, where he is registered, and his actual stay is unknown (although the tenant is not recognized as missing), then the owner has the right to initiate a trial, and then on the basis of a legitimate decision to write a citizen from a private house.
And the owner of the property will need to prove that it does not interfere with the accommodation of a registered room. Those. The owner should show that the tenant voluntarily left home or never lived there. Otherwise, the court will refuse to compulsory discharge.
It is also allowed to write out a person from the house on the basis of recognition of missing. This status is assigned to a citizen if the year has passed since the record of its disappearance (i.e. from the moment of submission of an application to the police station). The owner of the housing can get a court decision in the hands and on the basis of this document to write a person with housing.
How to write a deceased person?
To extract the deceased, it is necessary to apply to the traditional set of documents. Certificate of death, after which the procedure is made in the usual basis. But there are nuances. In some cases, there are no accurate information that the tenant died, although it is considered to be missing and did not appear for a long time at the place of registration. The court recognizes that the tenant died if:
- there is no more than 5 years, while there is no information about its location;
- it took more than six months from the moment he disappeared under circumstances, openly threatening life;
- participant of hostilities disappeared with unexplained circumstances more than 2 years ago.
At the same time, relatives have the right to recognize a person who died in court, and then write out.
Output
To write out a person from home without his presence and consent in most cases can be. It is only necessary to clarify all the details in advance, correctly make a lawsuit and try to solve the issue without the participation of legal structures.
Removing from registration (extract) tenants from apartments as state and those in private property May be voluntary or.
The tenant is written out by itself, if registered in another housing or moves. Forced deregistration is carried out by court decision and possible with good grounds: The absence of a citizen for a long time, non-payment of utility payments and so on.
Articles 209, 288 and 292 Civil Code RF Provided the rights of the owner for housing, namely: use, order, ownership.
These rights are implemented by a citizen - owner of housing in accordance with the appointment of a residential or non-residential area. Moreover, the owner can personally live in an apartment or house, so to settle (register) in her relatives or third parties.
To write out the owner from the apartment can according to them or without it (by decision of the court).
In the first case, according to the consent of the parties, there are no problems. If a citizen does not want to voluntarily write out, and he lost the right to use housing, the owner appeals to court with a claim in which it indicates the cause of removal from the registration accounting.
There are certain nuances extracting from housing of different categories of people:
- To write down the former spouse if the apartment was purchased by her husband or wife before marriage, easy. One of the spouses automatically loses the right to accommodate after the divorce, which is fixed in Art. 31 Housing Code of the Russian Federation.
- To make the permission of the guardianship and guardianship bodies. This state body Considers each case individually, follows the observance of the rights of the child when changing the place of residence.
- The owner can remove from the metering of a person who is serving the term in places of detention according to the court sentence. However, the latter has the right to register in this apartment.
- The owner may also write down the tenants (even without their consent), if he became the owner of an apartment for inheritance, as a result.
All other cases of forced withdrawal of judicial instance considers individually.
The owner of the apartment can in her man in agreement (written) of all owners of this premises. Exception is child - is he automatically put on account at the place of registration of one of the parents Without getting permission to this from the owner.
If the owner of the apartment is one - he can prescribe any person to it, even without a knowledge of citizens living in it.
The procedure for issuing a mutual agreement
To write down the tenacious housing accommodation is easy. Difficulties may arise except with a municipal apartment.
The owner is not obliged to attend this procedure, that is, a person independently passes the removal process.
Is not provided. The application is considered for three working days.
If the tenant for some reason cannot be present under the procedure for removal from the register, it has the right to do this by proxy. The power of attorney is drawn up and is notarized.
Required documents
For voluntary discharge from the apartment you must have:
All documents must be submitted to the passport table together. In the absence of any of the documents, you can get a refusal to deregister.
Accounting procedure
Extract of man by voluntary basis It is carried out as follows:
According to the law, if a person is simultaneously with regard to or house, it can contact a passport office at the address of the new stay. There, he becomes recorded, thereby automatically prescribed from the old place of residence.
This process occupies up to one month.
FMS employees are provided besides a passport and military ticket, if the tenant is discharged into a personal apartment or house.
Extract through the Internet portal "Public Services"
Today you can use the Internet service "State Service" to pass the procedure for removal from the accounting.
To do this, do such steps:
- Visit the Portal "E-Government: State Services".
- At the bottom of the title page of the site, click on the "All Services (by departments)" tab, and in the window that appears, "Federal Migration Service".
- In the pop-up window, select item - registration of citizens of the Russian Federation by the place of residence and at the place of residence within the Russian Federation.
- Select "Removing a citizen from accounting", in case of permanent registration - the item "Accommodation", and temporary - "stay".
- Press the button on the right - "Get the service".
- Read and sign (check) Agreement for processing / storage of personal data.
- Fill in your personal data, click "Next".
- Choose the territorial separation of the FMS, which serves the area of \u200b\u200bresidence.
- Select a method for getting a notification and click "Submit".
- During Three working days You will receive a notice and you will have to visit the passport person personally with the original documents.
Features of removal from the metering of the municipal apartment
The Housing Code determines the municipal real estate property of a state or municipality. You can write a tenant from such an apartment with his consent or judicial decision.
- lack of a fee for an apartment or utilities for six months or more;
- regular violation of public order norms;
- damage to property or the apartment itself;
- misuse of housing;
- lack of tenants for quite a long time.
Forced accommodation of the tenant
The owner occurs by the tribunal's decision. That is, the owner must submit a relevant claim, which indicates the reason for removal from the registration accounting.
IN this case You must provide documents:
- documents confirming the rights to housing;
- passport;
- receipt of payment of state duty.
With the decision, if the court issued this, the owner appeals to the passport office and discharges a citizen without his consent.
In any case, it is necessary to strive for pre-trial, that is, a love settlement of the dispute. Legal costs Usually great, time on the proceedings is very much.
In the event that a citizen does not live in an apartment for a long time, ask him to make a power of attorney for removing. If maliciously violates the conditions of residence, spend a conversation. The peaceful resolution of the dispute will save the owner of the means and strength.
Video: Extract Rules from the apartment
The program disassembles the order of residents from the apartment of the owner. The foundations under which the owner has the right to apply to court to evict the tenant.
You will need
- - passport;
- - certificate of ownership of the apartment;
- - extract from the housebook or a copy of the financial and personal account (Better both documents);
- - documents confirming the fact that the person who wants to write out, does not live in the apartment (if available);
- - Witnesses;
- - statement of claim;
- - Receipt of payment of state duty.
Instruction
The easiest thing is, if the tenant, which is not your relative, does not mind withdrawing from registration. To do this, he must contact the passport table at the place of residence or future new registration. In the first case, he needs to fill out a statement of deregistration. And in the second - a tear-off coupon for a statement of registration at the place of residence.
Consult the court if for any reason the vessel does not want to be removed from the registration metering itself or it is impossible to contact him, you are not known how to find it, etc. As the potential defendant is not your relative, you can just prove the court of ownership On the room and the fact of registration in it of an outsider.
Collect documents confirming the fact of registration in your apartment outsider. To do this, there is enough discharge from the house book (taken in the passport office of the engineering service, ERC, management company or FMS - depending on the region) of the financial and personal account, which is taken in the management company or ERC. You can take both documents. They are provided free of charge to anyone who is registered in the apartment, upon presentation of a passport. In principle, these documents and certificates of ownership of housing is sufficient, but if desired and opportunities, you can provide the court additional documents, indicating, for example, that the person in the apartment does not live, for utilities, etc.
Prepare a receipt if desired, confirming the fact of payment of utilities by you or someone else from the tenants.
Talk to also find out who of them has time and desire to confirm in court that the person you want to write out does not live in the apartment. Optimally, if there are no less than two witnesses. It is very desirable that they do not consist of your relatives.
Prepare a claim. Set out in it, with living in the apartment, are its owner, under what circumstances it turned out to be registered a stranger or you know that he was registered there, formulate a request for its eviction in accordance with Article 35 of the Housing Code of the Russian Federation. Your desire to write it down by law a sufficient basis for solving your favor. However, you can if you can specify and additional: does not live, not
