You will need
- - agreement of purchase and sale;
- - extract from the house register or other official document with the data of everyone who is registered in the apartment;
- - certificate of state registration of ownership rights to the apartment;
- - statement of claim;
- - Civil and Housing codes of the Russian Federation;
- - power of attorney if your interests in court will be represented by a lawyer or other third party;
- - money to pay the registration fee.
Carefully read the contract of purchase and sale of the apartment. If it is not stipulated the right of former owner to maintain residence, the law is on your side. Even better if it contains the obligation of the owner to withdraw from the register at the place of residence after transition of housing in your property.
Take in the management company or the territorial division of the migration service a document confirming that the former owner is still registered in your apartment. Most often it is the extract from the house register, issued in the passport office of the management company which serves your house. In court you can do without this document, but if any of your arguments would look more convincing.
Join documents certificate of state registration of rights of ownership of the apartment. This is the main document confirming your authority in respect of housing, and the court needs to see.
Make a statement of claim. If you prefer to do it yourself, describe it all of the essential circumstances of the case: when you bought the apartment, did the former owner on the obligation to extract from her after the sale. Specify that he is still not discharged, although in the apartment lives than hinder the exercise of your right to freely dispose of the property and ask the court to order him to appear in the register.
Talk to the neighbors in case the court will doubt the fact that the previous owner more in the apartment does not live. The best way to dispel them - testimony.
If the process helps you more legally competent relative or friend, do not refuse professional help. Contact a lawyer and notary, they will tell you the optimal wording for the necessary in this case, documents.
Take the documents to the court. Don't forget to also pay the legal costs. After solving the case in your favor, you have the right to include these costs, and documented costs for services of a lawyer, legal advice, notarial acts, at the expense of the defendant. However, don't forget to include this in the number of claims.
At the appointed time come to the hearing on your claim and be prepared to substantiate their claims before the court. If your interests in court are represented by a third person, your attendance at the hearing is optional.