Modern Russian legislation understands the removal of a person from registration as an extract from a dwelling. In this case, the following situations are possible: deprivation of registration of a person living in an apartment or house that is his property; deprivation of registration of a person who is not the owner of a house or apartment.
Instructions
Step 1
In addition, upon deregistration, we can talk about depriving a person of the right to use housing (if he is not its owner) and deprivation of property rights (in relation to the owner of a home). In the latter case, a person can be removed from registration, but he retains the right of ownership in terms of home ownership. Such cases arise when the owner of an apartment or house is evicted and at the same time obliged to sell his housing.
Step 2
In the case where the person is not the owner of the home, he can be revoked under the following circumstances:
- the person lives in the apartment, but for a long time does not make payments for utilities, and also does not pay other bills for the maintenance of the living space;
- the person for a long period of time (it takes more than 6 months) does not live in the apartment and has a different living space, and besides, does not pay all the necessary expenses for the maintenance of the apartment (a number of cases directly provided for by law are excluded, for example, the presence of a person in military service, a long business trip etc.);
- a person living in an apartment systematically violates the rules for using the residential premises, including using it for other purposes;
- the person registered in the apartment has expired the lease or lease agreement;
- the person violates the terms of the lease or rental agreement;
- the person carries out unlawful actions in relation to the owner of the living space or in relation to other persons living with him.
Step 3
When a person is the owner of the premises, the situation with deregistration is more complicated, if only because a person can only be deprived of property by a court. So, the grounds for deregistration of the owner may be:
- deprivation of a person of the right of ownership to the occupied dwelling (for deprivation of the right of ownership, the court may take into account the grounds strictly established by law, for example, the recognition of the contract, according to which the person received the dwelling as property, illegal or null and void);
- violation by the owner of the rules for the use of housing or its use for other purposes;
- prolonged (more than 6 months) non-payment by the owner of utility and other payments for the apartment (in such cases, the person is evicted, his property is sold on the basis of a judicial act, payments are paid from the funds received, the rest is transferred to the former owner);
- commission of illegal actions by the owner that endanger the life, health or safety of property and rights of others, if such actions (inaction) are directly related to the ownership of housing (the court can evict a person, but not deprive him of his ownership, for example, by simply obliging sell his apartment or house).
Step 4
It should be noted that the court may take into account other grounds for removing a person from registration, both with deprivation of property rights, and without it. For example, the owner may be deprived of an apartment or house if they act as collateral. In any case, in the absence of the person's consent to deregistration, such a decision is made exclusively by the court.
