How To Check Out From A Municipal Apartment

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How To Check Out From A Municipal Apartment
How To Check Out From A Municipal Apartment

Video: How To Check Out From A Municipal Apartment

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Municipal apartment - housing provided to low-income citizens under a social rental agreement. It is quite difficult to write out an unwanted roommate (for example, an ex-husband) from a municipal living space, who leads an immoral lifestyle or for some other reason darkens your life. This can be done only through the courts.

How to check out from a municipal apartment
How to check out from a municipal apartment


Step 1

Write a complaint to the owner of the public housing with a request to issue an official warning to the citizen. According to Art. 91 of the Housing Code of the Russian Federation (Housing Code of the Russian Federation), if he ignores this warning and does not change his dismissive attitude towards you and others, he can be discharged by a court decision.

Step 2

Submit a statement of claim with a request to write out an unwanted roommate. Attach a package of documents to the claim confirming the legal basis for its release. For example, a certificate from a district police officer about repeated violations of public order, a certificate of recognition as missing, etc. Removal from the register is also possible on the basis of a court decision that has entered into legal force on the actual imprisonment of a citizen or a summons from the military registration and enlistment office for conscription.

Step 3

Remember: the temporary absence of a citizen is not a valid reason for removing him from the registration register (Article 71 of the LC RF). In addition, if he does not live on this living space, you still have to pay the rent for him, otherwise you and your entire family may be evicted for non-payment of rent or utilities within 6 months (Article 90 of the RF LC).

Step 4

Please note that there are a number of good reasons, citing which the tenant and his family members have the right to temporarily not pay rent or utilities. These include: a serious illness of the employer, delayed wages or pension payments, loss of work and the inability to find a new one, the presence of minor children or disabled people in the family, etc.

Step 5

If you want to evict your ex-husband from a municipal apartment that you purchased before marriage and managed to privatize it, this will be quite simple. Forced eviction must be filed and, as a rule, the ex-spouse will be quickly discharged. If the apartment was bought during the marriage, then he has the same rights to this living space as you do. In this situation, you can demand from your ex-husband the forced exchange of a municipal apartment (Article 72 of the RF LC).

Step 6

If a citizen owns another home, then it will be much easier to write it out. You must submit an application for eviction due to the presence of a different place of residence. Otherwise, most likely, you will face long litigation. It is worth looking for an intelligent lawyer.

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