You bought an apartment, and the previous tenants are in no hurry to check out? Has your ex-spouse moved out after the divorce, but is not removed from registration and refuses to pay his half of the utility bills? Do you want to privatize an apartment, and the persons who are registered on this living space, but do not actually live on it, apply for a share after privatization? There are many situations when you need to dismiss a person from the apartment against his will. Only the judge has the authority to make this decision.
Necessary
Extract from the personal account and documents for the apartment. If the apartment is not privatized, then a social tenancy agreement. If the apartment is owned, then the documents confirming this
Instructions
Step 1
Prepare a lawsuit in court, in which you describe on what grounds the person registered with you has lost the right to use the dwelling. Remember that the statement of claim is made according to certain rules. It is necessary to indicate the name of the court, information about the defendant and the plaintiff, your claims, claims and evidence. It is better if a competent lawyer will help you in drawing up a claim, since in addition to complying with all the above requirements for a statement of claim, you will have to refer to various articles of the Housing and Civil Codes of the Russian Federation. Which ones? This is decided individually in each specific claim.
Step 2
Pay the state fee.
Step 3
Submit your claim to court. Attach a copy for the defendant, documents for the apartment and a receipt for payment of state duty.
Step 4
Show up for the meeting on the appointed day.
Step 5
Get a court decision. The defendant has 10 days to appeal it. After this period, the court decision, if it has not been appealed, will come into legal force.
Step 6
Take the final court decision to the FMS. After this, the illegally registered tenant must be removed from the registration register.
