Sometimes in life there are situations when a person registered in an apartment needs to be discharged. Of course, it is advisable to obtain his consent. However, in practice, we often have to deal with the unwillingness of a citizen to assist in his own discharge. In this case, according to the Housing Code of the Russian Federation, several options for further actions are provided. It should be noted that they are all related to going to court.
If the person you want to discharge has not lived in the apartment for a long time, and you do not know anything about his whereabouts, you can apply to the court. To do this, you will have to provide written evidence that the registered citizen does not appear in the apartment. This can be confirmation from neighbors and the district police officer. The basis for the discharge will be a court decision on recognizing the registered person as absent.
If the apartment is not privatized, you can discharge a person from it without his consent under several conditions. For example, if he owns another house and lives in it, or if his behavior (alcoholism, violence) threatens your peaceful existence in this apartment, in this case, you will first need to collect written confirmation of the facts of violence from the district police officer and neighbors, and then write a complaint to the municipal authority. After that, all documents must be submitted to the court.
If the apartment is privatized and you became its owner before marriage, you can dismiss your ex-spouse from it in court. If your child is registered in the apartment, but he lives with the other parent, you can also try to discharge him. To do this, you need documentary evidence from the department of guardianship and guardianship of your city or region.
It is also possible to write out a person who is in places of deprivation of liberty through a court. To do this, you must provide a copy of the verdict. However, after returning to freedom, the citizen has the right to demand that his registration be restored.