The convict can be discharged legally for a while while he is serving his sentence. If it is necessary to leave him forever, then it is better to exchange an apartment and buy him at least a minimum living space.
Family members do not always want to live in the same living space with a person who has committed a crime, especially a grave one. Therefore, they are looking for a way to discharge him from the apartment. But this is not so easy to do.
How can a person who is serving a prison term be discharged from an apartment under the law?
It will be easiest to do this if the convicted citizen gives a voluntary written consent. If he refuses to check out the living space, then the family members living with him can do it themselves, but only for a period while the person is in places not so remote.
This will reduce spending on utility bills, they simply will not be charged on him while the convict is in prison. But when the term of imprisonment is over, he has the legal right to re-register in this apartment.
If the living space is privatized, then you need to keep in mind:
- whether the citizen is the sole owner;
- does it have a share;
- or renounced ownership in privatization in favor of another person.
In the first two cases, it will be practically impossible to discharge the convicted person from the living space, if only through the court. But for this it is necessary to prove that he was a malicious violator of the Housing Code, for example, for a long time he did not pay for utilities.
In this case (on the basis of a court decision) the living space can be sold, and the convicted person can be provided with an apartment or room with a smaller number of square meters. The difference in the amount will be used to pay utility bills.
If a citizen during privatization gave up property in favor of another person, he still has the right to use this housing.
There is one more option, but it is very dubious. If family members release the convict from the privatized apartment while serving his prison term, they will be able to sell the living space and buy another. But the former prisoner, upon returning, will be able to challenge his rights in court.
What documents are required
If you need to discharge a prisoner from a municipal apartment while serving his sentence without his consent, you will need the following package of documents:
- passport of this citizen;
- court sentence;
- an application filled out according to the form No. 6.
The prisoner's passport is in the correctional facility, from there they will provide a copy with the signature of the head of the zone and a seal. A copy of the judgment can be obtained from the court office or the court. The application form No. 6 will be provided at the passport office or can be downloaded from the Internet. But it will be necessary to secure the signature of the person who has started the law. Further, with these documents, you need to contact the MFC, FMS or the passport department of the housing office.
When discharging a prisoner from an apartment, you need to keep in mind that this can be done only while he is serving his sentence. The state does not encourage an increase in the number of persons without a fixed abode, therefore it is better to provide a former relative with at least a small living space in a remote area in order to live separately from him and not break the law themselves.
