Is It Possible To Dismiss A Person From The Apartment "to Nowhere"?

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Is It Possible To Dismiss A Person From The Apartment "to Nowhere"?
Is It Possible To Dismiss A Person From The Apartment "to Nowhere"?

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The reason for registering a person in an apartment is his involvement in family members of the owner or employer, but it is rather problematic to write him out, even when he becomes a “former family member” and no longer lives in the apartment. At the same time, a lot depends on the rights to this apartment - whether it is owned or people live in it under a social tenancy agreement.

Is it possible to dismiss a person from the apartment
Is it possible to dismiss a person from the apartment

Discharge from public housing

The owner of the housing in which the family lives under a social tenancy agreement is the municipality. And, although the contract is concluded with the tenant, his family members have equal rights to use this housing. If a person, having ceased to be a family member, has permanent registration in this apartment, but does not live at this address, you will not be able to write it out, even if he does not contribute his share for utilities, this is stipulated in article 71 of the Housing Code of the Russian Federation. Moreover, making payments for the absent person is the direct responsibility of the employer, otherwise the issue of eviction will concern you.

The only option would be to evict through the courts. But for this, you must first fix the asocial behavior of the person you want to dismiss. If he is a hooligan, it is necessary to write a complaint against him to the homeowner - to the municipality. When violations continue, on the basis of Article 91 of the RF LC, you can apply to the court with a statement about being discharged to "nowhere". But in this case, it is still better to act with a lawyer.

Discharge from own home

If the housing was in your ownership before the person you intend to dismiss was registered in it, everything will be quite simple, although you will still have to go to court.

Your rights as an owner are protected by Article 30 of the RF LC. It says that you have the right to provide ownership or use of the apartment that you own. The basis for this may be a lease agreement or a gratuitous use agreement. But Article 699 of the Civil Code of the Russian Federation says that any contract for gratuitous use, even if it is unlimited, can be terminated. To do this, either party must inform the other party of this intention not later than one month before the expected date of termination of this agreement.

Those. You can send the corresponding notice by registered mail by mail and, one month after the other party receives it, go to court if the person does not want to vacate the premises voluntarily. By a court decision, he will simply be evicted to "nowhere".

It is impossible to evict a person who is not the owner of the apartment, but, at one time, refused to privatize it in favor of the current owner. He exchanged his right to privatization for the right to live in this apartment.

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