The procedure for evicting a son-in-law from an apartment and the very possibility of this depend on a number of circumstances. It matters whether his family relationship continues with your relative (daughter, sister, etc.), a privatized or municipal apartment, and whether he became your son-in-law before or after March 1, 2005 (entry into force of the current version of the Housing Code of the Russian Federation) …
- - divorce documents;
- - in the case of a municipal apartment, confirmation of the antisocial behavior of the son-in-law (papers from the police, certificates of all residents of the apartment and neighbors, warnings from the municipality);
- - a statement of claim to the court.
Before filing a lawsuit, it is highly advisable that the son-in-law becomes an ex. In other words, your daughter, sister or other relative must officially divorce him. To formalize a divorce, you need to contact the registry office, and in some cases - to the court (this procedure itself deserves a separate description outside the framework of this publication).
After a divorce, if the apartment is municipal, it is better not to rush to court right away. First, you need to provide evidence that the former relative is causing scandals, rowdy, drinking or, for example, breeding unsanitary conditions. After the start of the scandal, it will not be superfluous to call the police to document the incident. It is desirable that the documents include the testimony and statements of not only the responsible tenant, but also other family members, even better - neighbors.
It is imperative that you also apply to the municipality with an application addressed to its head, so that he would issue an official warning to the former relative. And only after this has been done, and if the son-in-law continues to poison your life, is it time to go to court.
It will not be superfluous to document the facts of his antisocial behavior with the police again. Then the existing set of evidence will look convincing in the eyes of the court.
The situation is simpler with a privatized apartment. In this case, the owner or owners can go to court even the next day after your relative receives a divorce certificate and demand the eviction of the former family member in connection with the termination of family relations in the manner prescribed by Part 4 of Art. 31 of the Housing Code of the Russian Federation.
But here the prospect of a decision in your favor depends on when your relative got married. If before the entry into force of the current edition of the RF LC (before March 1, 2005), the court will not help you. After all, the law has no retroactive effect, as you know.