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.