The owner of the apartment has the right to demand that any person, including the former owner, be discharged from it, if the right of that person to retain registration at the place of residence in this premises is not spelled out in the purchase and sale agreement. To do this, he must file a claim with the court and document the grounds for his claims.
It is necessary
- - contract of sale;
- - an extract from the house book or other official document with the data of everyone who is registered in the apartment;
- - certificate of state registration of ownership of the apartment;
- - statement of claim;
- - Civil and Housing Codes of the Russian Federation;
- - power of attorney, if your interests in court will be represented by a lawyer or other third party;
- - money to pay the state duty.
Read the apartment sale and purchase agreement carefully. If it does not stipulate the right of the former owner to maintain a residence permit, the law is on your side. It is even better if it contains the obligation of the owner to deregister at the place of residence after the transfer of the property to your ownership.
Take a document from the management company or the territorial division of the FMS confirming that the former owner is still registered in your apartment. Most often, this is an extract from the house book, issued at the passport office of the management company that serves your house. In court, you can do without this document, but if you have it, your arguments will look more convincing.
Attach to the documents a certificate of state registration of ownership of the apartment. This is the main document confirming your authority over housing, and the court should see it.
Make a statement of claim. If you prefer to do it yourself, state in it all the significant circumstances of the case: when did you buy the apartment, did the previous owner take on the obligation to get out of it after the sale. Indicate that he has not yet been discharged, although he does not live in the apartment, which prevents the exercise of your right to freely dispose of property, and ask the court to oblige him to be registered.
Talk to your neighbors in case the court doubts the fact that the previous owner no longer lives in the apartment. The best way to dispel them is through testimony.
If a more legally competent relative or acquaintance helps you in the process, do not refuse the help of professionals. Contact a notary and a lawyer, they will tell you the optimal wording for the necessary documents in this case.
Take the package of documents to court. Do not forget to pay the state fee as well. After the decision of the case in your favor, you have the right to attribute these expenses, as well as the documented expenses for the services of a lawyer, legal advice, notarial actions, to the account of the defendant. However, be sure to include this in your claim.
Come to the hearing on your claim at the appointed time and be prepared to substantiate your claims before the court. If you are represented in court by a third party, you do not have to attend the hearing.