How to recognize your right to use the disputed living space and on the basis of what evidence? If all plaintiffs going to court on this issue knew the answer, the judges would have much less work.
Instructions
Step 1
If the municipality prevents you from registering in an apartment that your relatives received under a social contract, go to court. However, even if you are a family member of one of the tenants of the dwelling (a spouse or an adult child), this fact may give you the right to a dwelling on the following conditions: - if you run a joint household and actually live in the disputed territory;
- if you regularly pay utility bills;
- if you bear the expenses for the maintenance of the dwelling on an equal basis with the rest of the tenants;
- if you have the written consent of all other tenants (living or temporarily absent) specified in the social employment contract, certified by a notary.
Step 2
Proofs of running a joint household and actual residence may be: - the fact of the presence of personal belongings in the apartment of the tenant, whose family member you are;
- the fact of incurring joint expenses for food and other goods;
- eyewitness accounts (neighbors or relatives who are not employers);
- photo, audio and video materials.
Step 3
Proofs of incurring, on an equal basis with the rest of the tenants, the costs of maintaining the living quarters are: - sales receipts received in shops of building materials and plumbing;
- invoices and certificates from the housing department about payment for services for the current repair of the premises;
- invoices, estimates and certificates from organizations that carried out repair and construction work in the disputed premises;
- eyewitness accounts (neighbors or relatives who are not employers).
Step 4
Proofs of the regular contribution of a share to pay utility bills are: - bills and receipts from the housing department, management company or HOA;
- a written or verbal agreement on the payment of bills with the tenants of the premises.
Step 5
Of course, not all of these provisions can be complied with, so the court usually takes into account mainly the facts and evidence confirming the running of the joint economy, as well as the written consent of other tenants. However, written consent is not required if the tenant wishes to register a minor child in the apartment. In addition, in judicial practice, there are cases when a family member of one of the tenants de jure, who does not have the consent of the other tenants, but leads a joint household with them, was recognized as having the right to use the dwelling.
