Discharge without consent. Does the homeowner have the right to check out of the apartment without consent? Discharge from your own home

Registration at the place of residence allows you to freely use the living space. You don't need property rights for this.

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How can an owner remove a tenant from an apartment against his will in 2020? Only the owner has the right to dispose of the apartment.

But all residents registered in the apartment have the right to use the living space, even in the absence of the owner’s consent. How is a person removed from an apartment without his consent in 2020?

General aspects

Registration of citizens in Russia is mandatory. It can be permanent (at the place of residence) and temporary (at the place of stay).

Mandatory registration allows the state to control the stay and movement of the population.

This is necessary to ensure law and order and security. Registration has nothing to do with ownership. But the registered person has the right to use the living space.

This right is retained despite the desire of the apartment owner and even during a change. What should I do if I need to cancel the registration of a registered person?

According to the current legislation of the Russian Federation, there are two ways to discharge a tenant from an apartment: voluntarily and forcibly.

In the first case, it is assumed that the registered citizen independently applies to the registration authority for deregistration.

The second option involves discharge against the will of the person being discharged. However, the owner does not have the right to simply contact the passport office and cancel.

Forced deregistration of a citizen is permitted only through judicial procedure. This will require compelling arguments and sufficient grounds for discharge.

What you need to know

The law allows citizens to be evicted from their apartments against their will. But there are special categories of persons whose discharge has certain features.

First of all, minor children need to be mentioned. To issue them, several conditions must be met:

• deregistration at the same time as parents;
• availability of other housing with similar or better living conditions.

Failure to comply with at least one condition will not allow the child to be deregistered. For this reason, it is not recommended by specialists with registered children.

The easiest way to carry out compulsory enforcement is for persons serving criminal sentences in places of deprivation of liberty.

In this case, the owner just needs to contact the passport office and provide a copy of the court decision on condemnation. Persons called up for compulsory military service are discharged in the same way.

Another thing is that after returning from the army or from prison, such citizens have the right to register again at their previous address.

There will be no difficulties when registering absent persons. Provided that there is evidence of residence in another place or the person is declared dead or missing by court.

Reasons for this need

The reason for going to court is the loss of the right to use living space for a specific tenant.

But it will be necessary to prove that the person being discharged no longer has the right to reside in the apartment. The reasons why forced eviction from an apartment may be required vary.

Among the most common cases, the following can be noted:

• purchasing an apartment in which people who are strangers to the owner are registered;
• living at an address different from the place of registration;
• registration of tenants in anticipation of the sale of the apartment;
• and the relocation of one of the spouses to another place of residence;
• receiving or donating an apartment with registered residents;
• prolonged absence of a registered person and the impossibility of establishing his whereabouts;
• reluctance of the registered person to participate in the payment and maintenance of housing;
• antisocial behavior of the resident associated with alcoholism, drug addiction or illegal actions;
• deprivation of parental rights of a citizen living with a minor child.

Whatever the reason, in the absence of consent to discharge, a registered citizen can be discharged only on the basis of a court decision.

Regulatory regulation

The procedure for deregistration of citizens is defined in the “Registration Rules...” approved.

What does the law say about eviction from an apartment without the consent of the tenant? The Rules state that the discharge of citizens is carried out when:

• change of place of residence;
• recognition as missing;
• recognition of the fact of death;
• recognition of loss of the right to use housing;
• detection of registration in violation of the law;
• identifying the fact of fictitious registration.

The basis for the extract is a court decision or a document obtained on its basis.

The initiator of a citizen's discharge can be an interested individual or legal entity. If there are grounds, the citizen is deregistered within three days.

Procedure for leaving an apartment without consent

If it is necessary to remove a person from an apartment without his consent, a certain procedure must be followed:

1. Make sure there are sufficient grounds to go to court.
2. Prepare a package of documents for the court.
3. Collect evidence indicating the loss of the right to use the living space by the person being discharged.
4. Submit a statement of claim and collected documents to the court.
5. Receive a positive court decision.
6. Contact the registration authority and issue an extract based on the court decision.

The presence of sufficient arguments, as a rule, allows the court to satisfy the claim. At the same time, the applicant must be prepared that some citizens will not be able to be discharged.

List of documents that will be needed

A package of documents for going to court is collected by the owner, that is, the plaintiff. You will need to prepare:

• passport or other document proving the identity of the applicant;
• title and title documents for the apartment;
• statement of claim;
• documents confirming the stated grounds for discharge;
• about payment .

Depending on the reason for the application, other documents may be additionally required.

If the reason is the long-term absence of a citizen and his residence at another place of residence, then witness testimony or documents indicating residence in another place may be used.

When the discharge is due to the inappropriate behavior of the resident, then the protocols of law enforcement agencies, recording the illegal actions of the citizen, will help.

If we are talking about the discharge of a former spouse, you will need a certificate of divorce and confirmation of the absence of the right to claim part of the apartment.

To discharge a minor child, you must provide proof of another place of residence.

You will also have to prove that the conditions of the new housing are no worse and there is a legal basis for registration. The outcome of the trial depends entirely on the evidence presented in the case.

Where to go

To forcibly deregister a person, the owner of the apartment must contact the district or city court at the location of the residence.

In this case, the owner himself may be registered at a different address. The basis for applying is availability of an apartment.

If the person being discharged lives at a different address, then the claim can be filed at the address of his residence.

If the court, after considering the case, decides in favor of the plaintiff, then a court decision must be obtained.

But a positive decision is made only if there is conclusive evidence. Any doubts are interpreted in favor of the defendant.

In case of illegal registration and confirmation of this fact, deregistration is carried out in almost all cases.

There are also some differences in discharge through the court depending on who is the owner of the property.

From the municipal

Extraction from an apartment owned by the state or municipality is carried out by court decision, if there is no consent of the person being deregistered.

The norm is spelled out in which the legal grounds for the forced expulsion of an employer are established:

• using the apartment for other purposes (for example, for running a business);
• damage to property or actions leading to a deterioration in the quality of housing;
• deliberate violation of the rights and interests of neighbors (third parties).

Another reason is indicated: failure to pay utility bills for six months or more.

To expel the offender, a complaint is filed with the municipality. In response to a complaint, government representatives visit the apartment to inspect it, interview neighbors, etc.

Video: rules for leaving an apartment

After this, the tenant-tenant is given a warning. If violations continue, the next step is to go to court and make a decision on eviction.

Important! One of the family members of the offender may file a complaint. But if a tenant is evicted, then his family is also subject to eviction.

From privatized

Many citizens have the opinion that if I am the owner, then only I can decide who will be registered. When the apartment is privately owned and privatized by one of the spouses, there will be no problems with registration.

It says that the right of the second spouse to use housing terminates at the moment of divorce.

Together with the discharged spouse, his relatives also lose the right to use housing, with the exception of joint children.

The problem of how to discharge a person from a municipal apartment usually arises in critical cases when proximity becomes impossible. The law allows a citizen to be deregistered for a number of reasons.

Conditions for the discharge of certain categories of citizens

1. The property was purchased before one of the spouses entered into a marriage relationship. After the end of the marriage, the non-owner of the premises must leave it. And this happens even when he is registered there. This is stated in norm 31 of the Russian Housing Code. Relatives who are recognized as former relatives and who do not want to leave the apartment risk becoming defendants in court. This category of disputes is the most common in practice.
2. Housing is not privatized, that is, it is on the balance sheet of local authorities. The motive for eviction may be damage to the apartment and its illegal use. Eviction follows a simple procedure. Initially, an application is written to the municipality. In this document, tenants record their arguments and circumstances of living with the person they plan to evict. If the tenants’ arguments do not influence him, then you can write to the court with a request to evict him.
3. If the citizen does not live in the apartment for a long time. The citizen does not pay for house maintenance services (utilities) and has another apartment, and also lives there on a permanent basis. In this case, the citizen can be evicted from the housing where he does not live.
4. In case of deprivation of citizens' parental rights. According to a court decision, such citizens can be evicted without the right to provide them with another area.
5. If a citizen registered in the apartment of its owner after privatization. The owner of the apartment has every right to discharge the tenant. But this rule does not apply to persons under the age of majority. Their release is prohibited.
6. If the housing was the subject of a will, but is burdened with the registration of another person in it. After entering into an inheritance, a citizen registered in this apartment can be evicted.

If the ex-spouse is convicted, then based on the verdict, he can be removed from the register by contacting the court or the migration service. However, after serving the sentence, a person has the right to contact the specified authorities with a request to restore registration. He also has the right to challenge the transaction in court if the home has been alienated.

Conditions for discharge from a privatized apartment

How to discharge a person without his consent from a privatized apartment? When answering this question, you need to start from whether the citizen who wants to be evicted is the owner or lives without owner rights. If we are talking about the discharge of a person who cannot be responsible for his actions due to his mental state, then special permission is required for discharge. It is issued by authorized bodies designed to protect the rights of those people who are legally incompetent and children under 18 years of age. These bodies are called guardianship and trusteeship. The category of these persons is issued with the permission of this body, certified by a notary. Provided that their new living conditions will not be worse than their previous ones.

If we are not talking about the owner of a privatized home, it may be registered on the owner’s property. But provided that he is part of the owner’s family: housing will then be given to him on the basis of his use. But such a citizen (nku) can be evicted when the marriage ends. The right to an apartment of one of the former spouses is lost.

How to discharge a person without his consent if he is the owner of the given residential premises: there are several reasons even for such a case.

If this person uses the apartment for other purposes, then first the local government authorities, having established the fact of a violation, warn the owner and ask him to fix the problem, for example, restore the original layout in accordance with the technical documentation.

If the owner has ignored the authorities' request, the latter have the right to go to court. Based on the results of the proceedings, the housing is put up for public auction. The funds received from the sale of real estate (minus associated expenses, including elimination of violations) are transferred to the former owner.

Another good reason for depriving a person of property rights is his mismanagement of the apartment.

This is expressed not so much in the fact that repairs are not being made to the premises, but in the fact that this negatively affects other neighbors, for example, engineering systems deteriorate, and the living space located below is flooded.

In all the situations described, the owner is deprived not only of the right to own the home, but also the right to reside in it. Based on a court decision, it is removed from the registration register, that is, the owner can be written out without taking into account his consent.

Discharge of minors

If a minor is registered in municipal housing and actually lives in another place with a second parent, then deregistration is possible through the court. Before filing a claim, you must obtain the consent of the guardianship authorities. The court must not only be informed about the fact that the child lives at a different address, but also prove it.

Participation in legal proceedings that concern the rights and interests of children and representatives of guardianship authorities is mandatory.

It is almost impossible to discharge a minor from an apartment that was privatized before his birth and, accordingly, before registration in it. For example, the guardianship authorities or the court may refuse the request, since it is possible to register the child only in housing of poorer quality (smaller area, without renovation), which is considered an infringement of his rights.

If a minor has a share in privatized housing, that is, at the time of privatization he was registered in it, then deregistration (even by court) is impossible, and the guardianship authorities have the right at any time to suspend the deregistration or subsequent transaction, and also demand that the signed agreements be declared invalid.

During trials with the participation of minor citizens who have reached the age of 10, their opinion on the controversial issue is taken into account.

Registration of children is possible only with one of the parents.

How easy is it to expel an individual from an apartment that has been privatized?

It is much easier to discharge one of the spouses from a privatized apartment compared to municipal housing. This is due to the legal status of privatized housing. It is the property of a citizen, and the law says that an individual uses and owns his property as he wants. Therefore, the removal of another person from a privatized apartment is the legal desire of its owner. And it can be realized. Of course, in practice, the housing issue is not so easily resolved: many former relatives have to be persuaded to leave the owner’s living quarters or resolve this issue in a civilized way by turning to specialists for help.

Documents for the removal of an individual from an apartment owned by another citizen

A set of certain documents is required for discharge. It includes the following acts:

• an act confirming the authority of a person to carry out the deregistration process - power of attorney;
• documents for residential premises;
• a written statement stating that the owner of the residential premises wishes to discharge an individual;
• a document indicating that the state fee has been paid;
• the court's decision;
• the circumstances of the eviction, as well as documents confirming these facts.

If a citizen gives consent to the discharge voluntarily, then he needs to write a corresponding statement about this. It is submitted to the passport office along with the main document and a certificate issued by the military registration and enlistment office. But the second document concerns only males. If there is no application, then the discharge will occur through the court. In this case, you must contact this authority with a corresponding application. If the owner has urgent and compelling reasons for deregistration, they must be confirmed by written documents.

Example: if a person living in an apartment behaves aggressively and hits the owner, then this needs to be recorded in a medical certificate. Or you can collect information from neighbors that would confirm the neighbor’s aggression. There are many options. But you need to know the following: if a person has good reasons to evict someone living in his premises, it helps to resolve the case as quickly as possible.

If a citizen under the age of 18 is being discharged, then it is necessary to pay a visit to the guardianship and trusteeship authorities in order to obtain a certificate of permission to evict.

Quite often, a positive decision on the discharge of a citizen is made in favor of the plaintiff. But there is one limitation, which provision 31 of the Russian Housing Code tells us about. If the person being discharged does not have any other housing, as well as the money to buy it, the court may indicate in the decision that such a citizen can temporarily reside on the territory of the owner for an indefinite period. In addition, if the owner insists on the release of another person, the court may oblige him to exchange the apartment. But these are special cases. For example, one of them includes the question of how to discharge a person who is in prison from an apartment.

Conditions for discharge from a municipal apartment

How to discharge a person from a municipal apartment without his consent? The issue of deregistration in this category of housing is one of the most pressing and problematic. In many cases, the situation with eviction is associated with the desire to remove former relatives or spouses from the registration of a person in municipal housing. When analyzing existing situations, we can identify typical problems of citizens turning to lawyers:

• spouses outside of marriage: (one of the couple) left the home and has not appeared in it since his departure, lives in another place with new relatives;
• a relative recognized as an ex: registered in a municipal apartment with the consent of its tenant, but does not want to check out of it under any pretext, even if he does not live in it.

The situations described above have individual characteristics. There are other circumstances in life that encourage employers to act regarding the discharge of one of the citizens.

Two main grounds for expulsion from housing that is not owned by citizens

In a municipal apartment, housing rights belong to all tenants. The scope of powers is equal for each of them. Many people mistakenly believe that the very term “responsible tenant” gives the citizen more powers compared to other residents of municipal housing. This is wrong. Everyone is equal, including the person who was registered there. Registration of any person is not an administrative action. It is of a notification nature. After a change of residence, a Russian citizen must notify the Federal Migration Service authorities about the legal move into another premises for permanent residence. Based on the fact that the citizen has moved into a new place of residence, the passport office registers him on the territory of the residential premises.

You can be discharged from a municipal apartment, the owner of which is the municipality, by a court decision. According to Art. 91 of the Housing Code requires compelling reasons for this, such as:

• use of non-privatized housing for other purposes, for example, they have set up a production facility, a store there, or are engaged in illegal activities;
• damage to property has been established or actions are being taken that will definitely lead to damage;
• violation of the rights and legitimate interests of third parties. This could be, for example, neighbors downstairs or in the stairwell.

According to Art. 90 can also be issued to those who have serious debts on payments for utility services without good reason.

In the cases described above, the relevant persons (neighbors, utility providers) contact the municipality, whose representatives are obliged to respond: inspect the premises, interview witnesses. The violator is given a warning. If he does not respond, then they go to court, by whose decision the discharge occurs. You need to understand that if the spouse of a municipal housing tenant requests his eviction, then he himself may lose his housing.

When a social tenancy agreement is terminated, both the offender and all members of his family are automatically deregistered.

In the event that there is a dispute over payments for housing and communal services, then if there is a debt for the part that one of the residents did not pay, the tenant will still have to pay the suppliers in full. This is necessary because if there are no payments within 6 months, all members of the tenant’s family may be evicted from municipal housing.

You can deregister someone who has not lived in public housing for a long time. Evidence of this fact can be the testimony of neighbors, certificates from the local police officer, and data from the clinic stating that the citizen is not served by them. Already 1-2 years after the last actual appearance in the apartment, a person loses the right to living space. This rule also applies when the tenant has not even moved in.

What to do with donated housing?

A donated apartment is housing that was transferred with the rights of ownership to a citizen on the basis of a donation. How to expel a person without his consent from a donated apartment: if someone is registered on the territory of this housing, they can be evicted without resorting to special difficulties. The provision of norm 292 of the Civil Code of Russia states that the right of the owner to an apartment in a gift agreement passes from one party to another. This is the basis for the termination of the rights to reside in the donated apartment for other subjects of law. There are situations in judicial practice when the judge goes towards the people living in the donated apartment. But only if they have no other housing and no money to buy it. Go acquisition.

• If the employer agreed to the privatization deal and gave this right to his roommate, then his discharge in the future is impossible. The court will not help with this. Why is this happening? The fact is that the living tenants gave their ownership rights to the municipal category of housing to the citizen living with them. He privatized the apartment in his own name. The tenants gave up their share of the premises in exchange for the right to live there. Therefore, they cannot be written out.
• In some cases, former relatives may retain their rights to use the apartment in court. And this circumstance is an obstacle to the sale of residential premises.
• Discharge of alcoholics and drug addicts is a difficult process. Here the opinions of experts differ: some say that they cannot be discharged. Others say there is hope.

When forming the article, its author relied on the provisions enshrined in the Housing Code of Russia with the latest amendments, the main part of which was introduced in 2004. In addition, the Civil Code of Russia and the Rules for Registration and Deregistration of Citizens provided undoubted assistance in writing the article. This refers to their location and place of residence.

The only option would be eviction through the courts. But to do this, you must first record the antisocial behavior of the person you want to discharge. If he is a hooligan, you need to write a complaint against him to the owner of the property - to the municipality. When the violations continue, on the basis of Article 91 of the Housing Code of the Russian Federation, you can apply to the court with an application for discharge to “nowhere”. But in this case, it is still better to act with a lawyer.

Discharge from your own home

Your rights as an owner are protected by Article 30 of the Housing Code of the Russian Federation. It states that you have the right to provide ownership or use of an apartment that is your property. The basis for this may be a rental agreement or a free use agreement. But Article 699 of the Civil Code of the Russian Federation says that any contract for gratuitous use, even if it is indefinite, can be terminated. To do this, either party must inform the other party of this intention no later than a month before the expected date of termination of this agreement.

Those. you can send the corresponding notice by registered mail and a month after receiving it, the other party can go to court if the person does not want to voluntarily vacate the premises. According to the court's decision, he will simply be evicted to “nowhere.”

It is impossible to evict a person who is not the owner of the apartment, but who at one time refused to privatize it in favor of the current owner. He exchanged his right to privatization for the right to live in this apartment.

The owner of private or municipal residential real estate can register any citizen legally located in the territory of the Russian Federation. It's guaranteed Art. 35 of the Constitution, where the concept of private property is revealed. However, it will not be possible to discharge a tenant with the same ease, since Art. Article 40 of the Constitution states that no one can be arbitrarily deprived of their home.

This is the main difficulty: everything must be done so that the interests of neither party are harmed.

Article 35. The right of private property is protected by law...

1. The right of private property is protected by law.
2. Everyone has the right to own property, own, use and dispose of it, both individually and jointly with other persons.
3. No one can be deprived of his property except by a court decision. Forced alienation of property for state needs can only be carried out subject to prior and equivalent compensation.
4. The right of inheritance is guaranteed.

Article 40. Everyone has the right to housing. No one can be arbitrary...

1. Everyone has the right to housing. No one can be arbitrarily deprived of their home.
2. State authorities and local governments encourage housing construction and create conditions for the exercise of the right to housing.
3. Low-income people and other citizens specified in the law who need housing are provided with it free of charge or for an affordable fee from state, municipal and other housing funds in accordance with the norms established by law.

Move action depends on the nature of the situation as a whole, therefore, an apartment owner who wants and can discharge a non-tenant must take into account the following factors:

• who is to be discharged:, rowdy relative, etc.;
• voluntary or forced the procedure takes place;
• does the person being discharged have other housing. The point is that it cannot be forced. If the financial situation or other circumstances do not allow the defendant to acquire a new home, then the law obliges the plaintiff to postpone the eviction or, at his own expense, temporarily provide him with a place to live (Chapter 5,);
• grounds For . It depends on what kind of certificates and certificates you will need to obtain, and how great the chances of success are;
• type of property, in which the property is located ( or ).

Reference! Only the owner or tenant can go to court if we are talking about municipal property. The law does not prohibit other interested citizens from doing this, but they will have to confirm their right to file a claim.

We have provided more nuances about whether it is possible to eject a person from an apartment without his consent if he is the owner, or if the owner wants to eject him.

Is the person being discharged required to be present in person?

If a resident is forcibly discharged, then his presence is not required. In fact, the court recognized the illegality of the property claims, so the court ruling will become the basis for deregistering this person from the FMS registration.

Important! Directly Judges are not involved in issuing. Their task is to establish that the defendant should no longer use someone else's property. Having received such a decision, the plaintiff can himself write out the defendant without the consent and presence of the latter.

Special categories of citizens

For certain groups of people, the law provides for special rules, and therefore the task facing the home owner becomes simplified, complicated or impossible.

Minors

If the child is not the owner of the property, then you will not have to obtain the consent of the guardianship authorities. However, by law, children must live with their parents or guardians, so discharge is only permissible if at least one of them is registered.

So, according to Art. 31 of the Housing Code of the Russian Federation, the plaintiff may have to provide his ex-wife and children with another place to live as part of the fulfillment of alimony obligations. If the plaintiff is not a parent, then the former family members may retain the right to use the living space for the period specified in the court decision.

You will find more information about how and under what conditions it is possible to deregister minors, and we told you how such a deregistration can be legally carried out by the owner of an apartment.

Persons deprived of parental rights

Such citizens should be discharged if the court finds it impossible to continue living with their children. The consent of the former parents in this situation is not required, nor is the provision of alternative temporary housing to them (Article 91 of the Housing Code).

Article 91. Eviction of a tenant and (or) members of his family living with him from residential premises without the provision of other residential premises

1. If the tenant and (or) members of his family living with him use the residential premises for other purposes, systematically violate the rights and legitimate interests of neighbors or mismanage the residential premises, allowing it to be destroyed, the landlord is obliged to warn the tenant and members of his family about the need to eliminate the violations . If these violations entail the destruction of the residential premises, the landlord also has the right to assign the tenant and his family members a reasonable period to eliminate these violations. If the tenant of the residential premises and (or) members of his family living with him, after warning the landlord, do not eliminate these violations, the guilty citizens, at the request of the landlord or other interested parties, are evicted in court without providing another residential premises.
2. Without the provision of other residential premises, citizens deprived of parental rights may be evicted from their residential premises if the cohabitation of these citizens with children in respect of whom they are deprived of parental rights is recognized by the court as impossible.

Convicts and conscripts

Serving a sentence or being called up for service were previously considered grounds for deregistration. However, on December 31, 2014, law 525-FZ was issued, abolishing this procedure, and now no one can evict conscripts without their voluntary consent. The only thing the owner can do is to temporarily write out those who are absent in order to reduce the amount of utility bills.

When the term of service or imprisonment comes to an end, a citizen can appear where he is registered, even if the property has been sold, exchanged or privatized.

Persons considered dead or missing

Such citizens are allowed to be discharged, but first the owner will have to obtain a court decision declaring them dead or missing (Article 31, Chapter V of the Decree of the Government of the Russian Federation of July 17, 1995). Having drawn up this document, you can do whatever you want with the real estate: sell, donate, privatize if it was municipal. Even if the person suddenly returns, there will be no grounds for canceling the transaction according to the law.

We talk in more detail about how to properly register a deceased person.

Those who refused privatization

A citizen who voluntarily refuses to participate in privatization receives in return a lifelong right to use the property, and it cannot be forcibly written out even if the owner changes(Article 19 of Federal Law No. 189 dated December 29, 2004 “On the entry into force of the new Housing Code”).

There were no exceptions to the rule for a long time, however, on September 1, 2014, a Review of the judicial practice of the Supreme Court appeared, and in there - the Determination of the Judicial Collegium for Civil Cases of the Armed Forces of the Russian Federation in case No. 46-KG13-6, considered on February 4, 2014. The essence of the Definition is that the privileges of “refuseniks” may be terminated if they voluntarily changed their place of residence and have not lived at their place of registration for a long time.

Reference! Those who are faced with the need to discharge a disabled person should know that in itself disability does not provide any benefits and the procedure is carried out on a general basis. If a sick person is not a relative of the owner of the property, then the latter is not obliged to support and care for him.

How to evict a non-owner from an apartment?

The peaceful path is the best option, because with mutual agreement there is no need to waste time, money and nerves. Housing issues sometimes take years to resolve, and all this time conflicting relatives will have to live under the same roof (we consider in more detail the question of whether the owner of an apartment has the right to expel relatives without their consent in).

For voluntary discharge, you just need to go to the FMS office with a passport (for men they will additionally require a military ID), and there you will receive and fill out an application form.

By the way, this can also be done on the State Services portal - a notification will be received within three days, and the citizen will only have to go to the selected branch of the passport office with the originals to put a stamp in the passport.

We tell you about which authorities you can contact to carry out an extract, and in what cases and how to facilitate the process you can find out using the State Services portal.

• As an attachment, the claim is accompanied by copies of the following certificates and documents:
• a copy of the applicant's passport;
• papers for the apartment (certificate of ownership, purchase and sale agreement, social tenancy agreement for municipal real estate);
• receipt of payment of state duty (the amount will be 200 rubles);

evidence collected before filing a claim.

The claim and all attached certificates must be prepared in several copies: one for the court, the plaintiff and each of the defendants, if several people are to be discharged.

Watch a video that shows how to correctly draft a statement of claim.

Where to go Such cases are dealt with by city or district courts at the address where the property is located. However, the tenant will first have to contact the owner with a complaint about the household member. The municipality responded, and if the situation does not change, the employer may file a claim.

• the court reserved the tenant's right to use the property;
• recognized the termination of this right, however, taking into account the financial capabilities of the former relative, he granted a deferment;
• recognized the termination of the right to use the apartment without deferment.

Important! Those who disagree can appeal. The decision of district and city courts can be appealed to the regional court within a month from the date of its adoption.

Having received a decision on his case, the plaintiff can appear at the passport office and complete the discharge procedure. If the tenant still refuses to obey the law and voluntarily leave the apartment, he will have to contact the FSSP.

What papers should I prepare?

Once the court order is received, the owner will be able to proceed directly with the eviction. To do this, you should contact the passport office, providing the following documents:

• personal passport of the property owner;
• certificate of registered residents;
• title documents;
• form of the court decision with a note on entry into force;
• application for deregistration;
• departure address sheet.

The procedure will be completed within three days. Now you know how to evict a non-owner from an apartment. We wish you success in this difficult task!

The range of situations when a tenant has to be evicted from an apartment is quite extensive. It's good if you can convince him to do it voluntarily, since otherwise checkout is only possible. This is not the easiest way, but with a competent approach to the matter, you can get rid of an unwanted neighborhood both in the municipal and in.