Sometimes it happens that the new owners of the apartment do not have the opportunity to use their purchase. The reason for this is the former owners who do not want to move out or deregistered. It also happens that a relative lives with you, who is rowdy, turning the life of the rest of the family into a nightmare. Sometimes, after a divorce, one of the spouses moves out, but is not discharged and does not pay utility bills. There are many situations in which it is possible to write out and evict a negligent tenant only through a court.
Instructions
Step 1
Check with a lawyer about the legality of your claims. It may turn out that you do not have the legal rights to evict the person.
Step 2
Make a statement of claim, in which you describe for what reasons and on what grounds you want to evict this citizen. Fill out your application in an appropriate manner, not forgetting to indicate in the header the name of the court, your details and coordinates, as well as information about the defendant. The application itself must also comply with certain standards, it must indicate the articles and laws on the basis of which you present your requirements.
Step 3
Find out the bank details for which you will need to pay the state fee. They are usually located in the courthouse on the information stand. Pay the state fee. Keep your payment receipt, you will be asked to present it at the time of application.
Step 4
Find out the days and hours of the judge. Submit your claim on one of your visiting days. The application must be written in two copies - one of the copies will be given to the respondent. You will also need documents for the apartment, an extract from the personal account, which is prepared by the housing department and a receipt for payment of the state duty.
Step 5
Show up on the appointed day and time for your case. There may be several meetings. It depends on the complexity of the case, the credibility of your arguments and the position of the defendant.
Step 6
Take away the court decision, it will enter into force after 10 days, if the defendant does not appeal against it.
Step 7
Take the court decision to the FMS. They are required to register a tenant who no longer has the right to live in your apartment.
Step 8
Take the court decision to the bailiff service. They must make sure that the defendant complies with the court decision on time and leaves your apartment. If the defendant does not want to do this, the bailiffs will notify him, make an inventory of the property and evict him forcibly in the presence of attesting witnesses or employees of the internal affairs bodies.
