The owner of a privatized apartment can, at his discretion, register and dismiss anyone from his living space. And for this he does not need to obtain permits from other people living in his home. However, if he wants to remove from registration any of the persons living in his apartment, he needs to apply to the court for the discharge of the person. The court considers the statement of claim and, in the absence of the person's own right to use this apartment, makes a decision to write it out.
Instructions
Step 1
Make a statement of claim to the court for the resident's discharge from your apartment. To do this, it is better to contact a competent lawyer. Evicting a person from a living space can be troublesome. You will have to go to the courts for more than one day. Consider having a lawyer handle your entire case.
Step 2
Consider with your lawyer all possible pitfalls of the claim. The history of the privatization of your apartment is very important here. Did the person being evicted live with you at the time of registration of the privatization agreement? Perhaps it is a disabled person or a minor child. Or it refers to the heirs of the deceased former owners of your apartment, and has not yet declared its right to the apartment. Based on the history of the living space, build your position for the court.
Step 3
Attach your title deeds for this housing to the statement of claim. Collect all possible other written evidence of your position.
Step 4
Submit your statement of claim in duplicate to the District Court Registry. To do this, you need to pay a state fee. Attach her receipt to your claim. You will receive a subpoena before your scheduled hearing.
Step 5
Defend your position firmly in court. If you decide to do without a lawyer, think over your speech in advance and prepare the appropriate rules and articles of laws. The Housing Code of the Russian Federation, Articles 1 and 31 will help you.
Step 6
Check out the person from your apartment. To do this, you need to wait for the entry into force of the court decision on the removal of the specified person from registration. Then you need to submit it to the district passport office.
