Sometimes it becomes necessary to discharge a person from the apartment. Such issues are resolved only in court. A court decision on recognizing a citizen as having lost the right to live in a certain living space is the basis for his discharge.
Instructions
Step 1
First, try to negotiate amicably. Ask the people registered in your apartment to voluntarily check out. If they agree, then it will be enough for them to appear at the passport office with a request to remove them from registration. If it was not possible to agree, file a claim with the district court at the location of the apartment.
Step 2
You can evict from a municipal apartment if there are certain grounds enshrined in paragraph 4 of Art. 83 of the Housing Code of the Russian Federation (LC RF). It is necessary to collect evidence confirming the fact of violation by the assigned citizen of certain rules and obligations. For example, if he does not actually live in the given living space. To do this, you need to collect written statements from neighbors or your district police officer.
Step 3
In the case when the apartment was purchased before marriage, it is quite simple to write out the ex-husband (wife). Indeed, after the dissolution of the marriage bond, the right to use this living space remains only with its owner (Article 31 of the RF LC).
Step 4
Difficulties often arise when a child needs to be discharged. For example, it is very difficult to remove a minor from the registration register if he is registered in a privatized apartment, and also if they want to discharge him from a larger municipal living space into a smaller one. In the latter case, the guardianship and guardianship authorities may consider this a violation of the child's rights, deterioration of his living conditions, etc.
Step 5
Let's say you were given an apartment, but registered people remained in it. According to the Civil Code of the Russian Federation, the right to use this living space is transferred only to you. You have the right to discharge those registered from this apartment. If the financial situation of these people does not allow them to purchase new housing, the court may reserve the right for them to live in your apartment.
Step 6
You can remove from the registration of a citizen who is in places of imprisonment. To do this, you must have a copy of the final court verdict. But after his release, he may demand to restore his registration. If in his absence the apartment was sold, he has the right to challenge the transaction in court.
Step 7
In case of compulsory discharge of registered citizens, you need to go to court. It is necessary to file a claim, collect grounds and evidence that give you the right to demand the removal from the registration of unwanted registered persons, as well as pay a state fee. The court will decide on the case. If it is not appealed within 10 days, it will enter into force. Based on this decision, the FMS authorities will release the registered citizens from your living space.
