Advice 1: How to make a stranger out of the apartment

The owner of the privatized apartments has the right to prescribe it to anyone and at any time to write. However, for the realization of the right to discharge the tenant he needs to ensure that voluntary removal from the register or, in accordance with article 35 of the Housing code of the Russian Federation, to solve the problem through the courts. Other options the current legislation is not provided.
How to make a stranger out of the apartment
You will need
  • - passport;
  • - certificate of ownership of the apartment;
  • - extract from the house register or a copy of financial-personal account (preferably both, of the document);
  • - the documents confirming the fact that a person who want to write, in the apartment lives (if any);
  • witnesses;
  • - statement of claim;
  • receipt about payment of state duty.
It is easiest if the tenant, who is not your relative, he has no objection to removal from the register. For this he needs a passport to go to the passport office at the place of residence or future residence. In the first case, he needs to fill out an application about removal from the register. And the second tear-off coupon to the registration statement at the place of residence.
Contact the court if for any reason the tenant does not want to withdraw from the register itself or could not be contacted, you do not know how to find him, etc. Because the potential defendant is not your relative, you need to prove to the court their ownership of the premises and the fact of registration in this stranger of a man.
Collect the documents confirming the fact of residence in your apartment outside. It is enough to extract from the house register (taken in the passport office of the engineering service, maintenance service, property management company or the FMS - depending on the region) or copy of financial-personal account, which is taken in the management company or the maintenance service. You can take both of the document. They are free for anyone who registered in the apartment, on presentation of a passport. In principle, these documents and the certificate of ownership housing is sufficient, but if desired, and opportunities you can provide the court with additional documents showing, for example, that people in the apartment does not live, does not pay for utilities, etc.
Prepare if you wish a receipt confirming the fact of payment of utility services by you or someone else from the residents.
Talk also, find out which of them has the time and desire to confirm in court that the person you want to write, not live in the apartment. Optimally, if the witnesses be not less than two. It is desirable that they have been with you in the relationship.
Prepare the statement of claim. Describe it, how long they live in apartment, are proprietor of the circumstances under which it was written or the stranger you know that it is written there, formulate a request for his eviction in accordance with article 35 of the Housing code of the Russian Federation. Desire him to give the law a sufficient basis for the decision in your favor. However, you can specify availability and additional lives, not paying for utilities, not involved in the repair, and indicate, what can confirm this: documents, testimony of witnesses.
Take the petition to the court, attaching all documentary evidence and receipt of payment of registration fee.
On the appointed day, go to court and announce their arguments.
With the court's decision if it is made in your favor, contact the passport office.
If you want to write a minor child will require permission of the guardianship. And, most likely, will not, without evidence, that he has a place to register for a new address. Therefore it is better not to specify to his other children.

Advice 2 : How to write not living in the apartment people

Relative or former relative in the apartment is registered, and in fact does not live in it. It is necessary for him to pay utility bills, there are difficulties with the sale, exchange apartments, etc. the Situation is not pleasant. However, to write do not live in the apartment tenants possible.
How to write not living in the apartment people
Try to find peoplewriting in your apartment. Maybe they agree to leave voluntarily. If you wish, offer them compensation (compensation). Unilaterally, you can't write.
If you haven't found or written refuse to leave – sue in court. In accordance with the Housing code of the Russian Federation the court will consider the right of use of premises does not reside in it.
Collect evidence that citizens do not exist not for a good reason (business trip etc). Confirm the documented evasion non-resident from obligations for payment of utility bills and maintenance of the housing Fund. Gather other evidence that prescribed do not actually live in the apartment and do not have the burden of responsibility for it.
The claim requires sufficient grounds and evidence. Refer to the help of specialists.
Useful advice
Reasons and rules for removing citizens registration at the place of residence is governed by the Decree of the Government of the Russian Federation dated 17 July 1995, with amendments.
To write out from apartment of minor children by agreement between mother and father or, in other cases by the court.
Is the advice useful?