It is possible to write out a person without his consent, but this requires a number of good reasons. You can write out through court and without trial. But the circumstances in both cases will be different.
In general, according to the law, a person can be discharged with his written consent. But it happens that someone does not want to leave an apartment in which he actually does not live, that a person simply cannot come to the passport office to express his consent that the former spouses do not want to live together in the same apartment. And in this case, the rights of the responsible tenant of municipal housing are protected by the court.
Here are the grounds on which a tenant can be discharged without a trial:
- the tenant violated the registration rules or used forged documents;
- the tenant is declared dead;
- there is a court decision that the tenant is missing;
- the return of the former tenant from the prison;
- serving a sentence in prison;
- the tenant is called up for military service.
Here are the grounds for discharging a person through the court:
- divorce from the owner of the apartment;
- use of housing for other purposes: as a warehouse, office, etc.;
- the desire of parents to live separately from adult children;
- the registered tenant did not live in the apartment for a long time;
- the tenants do not have a common household;
- the registered tenant does not pay for utilities;
- the tenant constantly violates the rules of the hostel, public order, interferes with neighbors, spoils property;
- tenant - a minor child who actually lives with the guardians at a different address.
By court order, they will be discharged in 14-30 days, and 30 days is the maximum period.
Documentation
To discharge a person without consent through the court, you need the following documents:
- a statement of claim and a copy to send to the defendant;
- a check to confirm payment of the state fee;
- extract from the unified civil register;
- extract from the house book;
- documents confirming the grounds for eviction (complaints from neighbors, witness statements);
- documents confirming the plaintiff's ownership of the housing;
- apartment personal account numbers;
- certificate of residents.
If the court is between ex-spouses, you will need a divorce certificate.
Subtleties
If a child is registered in a municipal apartment, custody consent must be obtained for discharge. It is impossible to write out the child if he is the owner of the apartment.
If the tenant who needs to be discharged has debts for the apartment, they must be paid off, because the debts will go to the owner or tenant of the apartment.
Any stranger can be discharged without any problems, if he is not the owner of the home and is not a member of the owner's family.
