The owner of a privatized apartment has the right to register anyone in it or to write it out at any time. However, in order to exercise the right to discharge the tenant, he must obtain from that voluntary deregistration or, in accordance with Art. 35 of the Housing Code of the Russian Federation, to solve the problem through the courts. Other options are not provided for by the current legislation of the Russian Federation.
It is necessary
- - passport;
- - certificate of ownership of the apartment;
- - an extract from the house book or a copy of the financial and personal account (both documents are better);
- - documents confirming the fact that the person whom they want to discharge does not live in the apartment (if any);
- - witnesses;
- - statement of claim;
- - receipt of payment of state duty.
Instructions
Step 1
The easiest way is if the tenant, who is not your relative, himself does not object to deregistration. To do this, he must apply with a passport to the passport office at the place of residence or future new registration. In the first case, he needs to fill out an application for deregistration. And in the second - a tear-off coupon to the application for registration at the place of residence.
Step 2
Go to court if for some reason the tenant does not want to be deregistered himself or it is impossible to contact him, you do not know how to find him, etc. Since the potential defendant is not your relative, you just need to prove to the court your ownership on the premises and the fact of registration of a stranger in it.
Step 3
Collect documents confirming the fact of registration in your apartment of a stranger. To do this, an extract from the house book is enough (taken from the passport office of the engineering service, EIRTs, management company or FMS - depending on the region) or a copy of the financial and personal account, which is taken from the management company or EIRTs. You can take both documents. They are provided free of charge to anyone registered in the apartment upon presentation of a passport. In principle, these documents and a certificate of ownership of housing are sufficient, but if you wish and are able, you can provide the court with additional documents proving, for example, that the person does not live in the apartment, does not pay for utilities, etc.
Step 4
Prepare, if desired, receipts confirming the fact of payment of utilities by you or someone else from the tenants.
Step 5
Talk also, find out which of them has the time and desire to confirm in court that the person you want to discharge does not live in the apartment. Optimally, if there are at least two witnesses. It is highly desirable that they are not related to you.
Step 6
Prepare a statement of claim. State in it from what time you have been living in the apartment, you are its owner, under what circumstances a stranger was registered in it or you learned that he was registered there, formulate a request for his eviction in accordance with article 35 of the Housing Code of the Russian Federation. Your desire to write it out by law is a sufficient reason for a decision in your favor. However, if available, you can indicate additional ones: does not live, does not pay for utilities, does not participate in repairs, and indicate how you can confirm this: documents, testimony of witnesses.
Step 7
Take the statement of claim to the court, attaching all documentary evidence and a receipt for payment of state duty to it.
Step 8
On the appointed day, go to court and read out your arguments.
Step 9
With a court decision, if it is in your favor, contact the passport office.
