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.
Instruction
1
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.
2
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.
3
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.
4
Prepare if you wish a receipt confirming the fact of payment of utility services by you or someone else from the residents.
5
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.
6
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.
7
Take the petition to the court, attaching all documentary evidence and receipt of payment of registration fee.
8
On the appointed day, go to court and announce their arguments.
9
With the court's decision if it is made in your favor, contact the passport office.
Note
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 a man out of his apartment

There are times when the person owing to various reasons, you need to write out from apartment. The easiest way to do it by voluntary agreement. But you can write it and the order of the court. There are several conditions for the discharge of unwanted household, following which you will be able to convince the court to rule in your favor.
How to write a man out of his apartment
Instruction
1
To rid one's home of unwanted household needs depending on the situation and your housing rights. For example, if the apartment is in the municipal property, to get rid of an annoying roommate can be pre-complaining his rowdy behavior in the municipality, and then in court.
2
Remember, first the local authority must give him a warning. If the troublemaker will continue to violate the public order, the court will be discharged and will be evicted by force.
3
If the apartment is privatized and purchased by you before marriage, submit the claim about eviction of the former husband in accordance with part 4 of article 31 of the Housing code of the Russian Federation. This article declares that the right to tenure of the former spouse shall be terminated immediately upon dissolution of marriage with the owner. Automatically lose this right and relatives of your ex-spouse living with you.
4
By court you can also write out the person from apartmentreceived as a gift. The only exception is for those residents who have nowhere to live. In this case, for them, the court may leave the right of tenure.
5
To write down the child living with the other parent, but you have registered, in addition to court decisions need the consent of bodies of guardianship and guardianship. Otherwise, the court may deny withdrawal of its registration. However, complications are possible if you intend to discharge the child from the apartment is larger in the smaller. And it is practically impossible to discharge the child if he is assigned a share of the apartment.
6
For withdrawal of registration of the convicted person submit to the registration authorities (passport office) a copy of the verdict. If they refuse to write a sentenced person, appeal against their decision in court. However, remember that after serving their sentence, issued the tenant the right to claim their rights to housing.
Note
It is impossible to write down those people that the privatization gave you your share of ownership. Such people, though not considered to be the owners of the house in which to live, have the right to use it.

Advice 3: How to write from the apartment of a deceased person

The death of a close person does not only psychological but also legal difficulties. there is a need to issue a large number of documents, including discharge of the deceased from the apartment.
How to write from the apartment of a deceased person
You will need
  • - death certificate;
  • - passport;
  • the certificate of death.
Instruction
1
Will issue a certificate of death of the person. If it is constantly observed at the local doctor due to any illness, such a document you will be able to get the doctor who arrives after a call from the local clinic. If the deceased had no diagnosed chronic diseases, then you need to call the police, who will contact the staff of the morgue. They'll take the body, and after opening you will be able to get a conclusion about the cause of death. Before the staff of the morgue leave your home, ask them what address you can later find the body and a medical certificate.
2
Will receive a death certificate. For this purpose, the medical documents and passport of the deceased visit the district registry office. It can make any of the relatives of the deceased. It is advisable to confirm this relationship document, such as a birth certificate or marriage. Within a few days will be manufactured by a death certificate, which you can later pick up. The passport of the deceased will not have legal force and do not need in a variety of instances — it will replace the death certificate.
3
Contact the Federal migration service at the place of residence. Its address and opening hours can be found via an interactive map on the official website of the FMS - http://www.fms.gov.ru. Come back with your passport and the death certificate of the deceased person. There you will be able to help remove it from registration by place of residence, you will need to make a statement. You will then be able to verify the withdrawal of registration, requesting an extract from the house register in your apartment.
4
If bills for utility payments has been issued to the deceased, please contact the management company with your passport and the death certificate of the deceased. They will be able to change the name of the recipient accounts in their documents.
Useful advice
Do not put off for long the necessary documents. After discharge will be made and the allocation of payment for utilities, as the composition of tenants has decreased. It is also important for inheritance, if the apartment was owned by a deceased person.

Advice 4: How to write from an apartment in trust

In some situations, the person may not be able to appear in person to the passport office for de-registration, e.g. because of employment or absence from the city. In this case, there is a possibility to be discharged by proxy. How do you do it?
How to write from an apartment in trust
You will need
  • - passport;
  • - power of attorney;
  • - application for discharge out of the apartment;
  • - money to pay for the services of a notary.
Instruction
1
Come to the passport office at the place of residence. Specify a list of documents that you will need to remove the person from the register for power of attorney. Usually it is the very power of attorney and completed application for withdrawal of registration, but may require a passport and recovering. Take the employee passport a form application for withdrawal of registration.
2
Pass the form to the person who wants to leave the apartment. It needs to fill it, putting all the necessary data, including your future address. Filling out the paper, it should address to the notary who will notarize the authenticity of his signature on the document. Also, the notary will have to issue a power of attorney on representation of interests of the person in the passport office. As a Trustee you need to specify the name, surname, patronymic and passport details of the person who will submit the documents for removal from the register. All these notary fees are paid on the spot after signing the documents.
3
Come with the prepared documents to the passport office. There the staff will put in the passport a stamp about recovering deregistration, and will make the appropriate changes in the house book. If the person is discharged from the apartment, constantly lives abroad and wants to register with the Consulate of the Russian Federation, ask the employee passport to issue a special form of disposal of the place of registration for permanent residence abroad.
Useful advice
If the employee of the passport office refuses to carry out the de-registration without personal presence is registered, there is another way to solve the problem. It is suitable for those who live in another town and registered there. In this case, the person must apply to the Federal migration service (FMS) to the statement that he wants to leave the apartment in another city. FMS will be able to resolve this issue through the exchange of documents between institutions.

Advice 5: How to write from the apartment of the non-resident ex-husband

Love has gone and ex-wife departed. But it also happens that the husband remains registered in the apartment, where he left to live his ex-wife. In this case, the question arises about the statement, because its presence affects utility bills or hinders the process of selling the apartment. To write out from apartment of the former non-resident husband is quite possible.
How to write from the apartment of the non-resident ex-husband
Instruction
1
If housing is not privatized, but your ex-husband, living separately does not pay utilities, do not rush to leave him, to discharge him without trial, you can not, because according to article 71 of the housing code, the temporary absence of a member of the family of the employer shall not entail for him, the loss of the right to use the apartment. But you can contact the municipality and request that privatized apartments were forcibly exchanged. If such an exchange is not possible, then you have the right to address in court with the claim about recognition of the former husband has lost the right to the enjoyment of the housing. The reason for this can be considered a voluntary move to another room or apartment and the abandonment of responsibilities for maintenance of the disputed apartment. After receiving a positive judgment, you can solve the issue with his statement.
2
In that case, if the apartment is in your possession and were purchased before the marriage, the issue can be resolved faster. According to article 31 ZHK the Russian Federation the property right of your spouse to the apartment shall be automatically terminated at the time of divorce with you. You can write ex - husband out of the apartment without his consent. Contact with the claim about its eviction in court, referring to part 4 of article 31 of ZHK of the Russian Federation. On the basis of a court decision, you can write him out of the apartment.
3
It also happens that you lived and were registered together with the husband in the apartment of a relative. The apartment was owned by a relative, and he then gave you. In this case, you can also write of it your ex - husband, because according to article 292 of the civil code, ownership was transferred to you, and it is grounds for termination of the right of use of the apartment of your ex-husband. To write it you can also on the basis of the court decision on eviction.
Note
Statement in administrative procedure produce competent registration bodies on the basis of the judgment of eviction.
Useful advice
If you were regularly paid for utilities, including for ex-husband, in the apartment, you have the right to demand through court of compensation of the sums paid in his stead.
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