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.