Discharged from municipal housing
The owner of the dwelling in which the family lives under a social lease contract is the municipality. And, although the contract is with the tenant, his family members have equal rights to the use of this housing. If the person ceasing to be a member of the family has a constant registration in this apartment, but does not live at this address, write it you do not succeed, even if for the services he their share making, it is stipulated in article 71 of the Housing code of the Russian Federation. Moreover, to make payments for the absent – a direct duty of the employer, otherwise, the eviction will apply to you.
Only option is to evict through the courts. But for this you need to first commit antisocial behavior of the person you want to write. If he misbehaves, you must write a complaint against him to the owner of housing in the municipality. When violations continue, on the basis of article 91 of the housing code you can apply to the court with the petition on extract to "nowhere". But in this case it is better to act with a lawyer.
To write from their own homes
If housing was in your possession before it was prescribed to the person you intend to write, it should be pretty simple, although the court will still have to go.
Your rights as an owner protects article 30 of the housing code. It says that you are entitled to provide possession of or use of the apartment, located on your property. The reason for this may be a contract of employment or a contract of uncompensated use. Article 699 of the Civil code says that any contract of uncompensated use, even if it is indefinite, may be terminated. To do this, each party must supply the other party of their intention not later than one month before the intended date of termination by it of this agreement.
Ie you can send a notification by registered letter in the mail and a month after its receipt by the other party to go to court, if the person voluntarily vacate the premises does not want to. By the court, he will simply be deported to "nowhere".
It is impossible to evict a person other than the owner of the apartment, but, at the time, to abandon its privatization in favor of the current owner. He traded his right to the property on the right of residence in the given apartment.
Advice 2: How to write former owners
As a rule, before selling the apartment owners in advance are removed from the register and free housing for a while, until the deal on the apartment passes the state registration. However, sometimes this order is violated, and at the time of transfer of ownership to another person the former owner left to live in the apartment. How dangerous a situation for the new owner? In fact, there is no difficulty in prescribing the former owner. After the purchase of the dwelling, the new owner acquires the right to dispose of their property at will and may be removed from the register of the former owners.
You will need
- Documents of title to the apartment, a receipt for payment of the fee
Upon expiry of one month from the date of filing for registration on the unified state register of documents for the transfer of apartments the transaction is registered. The transfer of ownership has taken place. Get in the unified state register of title documents to the apartment.
Make a claim in court in two copies. The statement of the defendant, specify the former owner of your apartment. When making a claim please refer to paragraph 2 of article 292 of the civil code, the essence of which is that at the time of transfer of ownership to another person the right to use the apartment from the former owner and members of his family ceases.
Specify in the statement of claim the requirement to remove from registration of the former owner. Pay the fee for filing a lawsuit in court. Make copies of title documents for the apartment. All of the collected documents along with the claim provide to the district court at the location of the said apartment.
At the hearing the court will state its position on the case. Including let on that you are respectable purchaser of the apartment, and the validity of your copyright violations are challenged in court. Also note that in accordance with paragraph 2 of article 292 of the civil code the right of use of the former owner is terminated, therefore, he cannot continue to live in the apartment. The court will make the decision to withdraw the former landlord from the register.
Ten days later after the process is complete, take the office of the court entered into force court decision. Bring it to the district passport office with the passport and documents to the apartment. On the basis of these documents, the FMS will remove the former proprietor of the registration in your apartment.
Advice 3: 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.
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.
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.
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.
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.
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.
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.
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 4: How to write not owner
To remove from registration of a person who is not the owner of the apartment, house, just, if he agreed voluntarily to make a statement about the statement. In case of disagreement of the person you have the right to sue the person. Refer to the Housing code of the Russian Federation, which clearly spelled out the situations when you can legally remove from registration person.
You will need
- - The housing code of the Russian Federation;
- - passport of a person other than the owner;
- - passport of the person who is the owner of the property;
- - certificate of ownership;
- - application forms;
- - documents confirming the validity of the reasons for the discharge.
Talk to the man that was with you in the same house, apartment. Ask him to voluntarily go with you to the passport office and write asmiling of the housing. If you have a property right to a living space, that is, are the owner, explain that to go peacefully and you and the person you wish to remove from registration, less costly from all sides: financial, moral.
When the person you are going to write of houses, apartments, according to the de-registration, take your passport and identity document of another person living at the same address. Come with the passport office of the city where is living room. Ask the application specialists of the body. Citizen written statement on how to remove it from registration. In the content part of the document specifies the address where the house is located, apartment. The statement is sent to the head of the passport office. For some time the person is discharged. Inform the housing office of the number was, because the charges are made by multiplying the number of prescribed persons for the rate of consumption of water, electricity, heating.
When to peacefully resolve the issue of discharge is not obtained, contact the court at the place of your registration. Make a statement, to specify his request for withdrawal of registration of a person living in the same house, apartment. Specify the reason you wish to subscribe the person. With the available documentary evidence attach them to the application. As regulated by the Housing code of the Russian Federation, a person need to register with another apartment. So before you remove from registration the citizen, it is necessary to have a living space. In the absence of such, the court may order, under which he is entitled temporarily to reside at this address as long as necessary.
Advice 5: How to write a man out of the apartment, if he is not the owner
Permanent registration in any apartment does not give automatic right of ownership, but allows the person to live there legally. So, for example, when you sell the property you may need to write from the apartment of the people who do not own it.
Try to persuade people to leave voluntarily. This will provide the most simple for you. In this case, he will have to go to the passport office and write a statement of deregistration.
Upon discharge of the child, note that it needs to be registered with one of the parents. If he had not yet turned 14 years of age, the application for it must be submitted by the father or the mother. In the event of their failure to achieve registration of the child at the place of residence of the parents through the courts. The sale of apartments will require the consent of bodies of guardianship and guardianship to remove the child from the register. Thus, in the case of a significant deterioration of living conditions, the guardianship can and to refuse to sell housing.
Ex-wife you can be evicted, recognizing the former family member. To do this, make an application to the court. If it is satisfied that its name can be deleted from the brownie books. Note that in the same way to remove from registration of your children will not work. You will need the mother's consent to register them at your new place of residence.
If the apartment was the person who does not live there and which for a long time, there is no information, contact the court for recognition of its missing. But it should not be at the place of residence for at least five years.
In a situation when you know that person lives in another place, but he still doesn't want to leave, you can apply to the court for its de-registration. In this case you will need to prove the fact of his absence in the apartment and that he had not paid for its share of utility bills.
If you privatize the apartment when it was prescribed to the person you wish to remove from registration, it will maintain its right to tenure, even if refused a share of ownership in it.