Many Russian citizens have exercised their right to privatize housing. And now, having become the owners of their apartments, many are wondering how to free their apartment from other people registered in it as residents.
Necessary
You will need a lot of patience and strong enough nerves to get the appropriate court decision
Instructions
Step 1
Since in accordance with the Law of June 25, 1993 N 5242-1 "On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation", citizens are registered at the place of residence or at the place of temporary stay, the registration of a citizen is associated with his right to use the dwelling. As a rule, deregistration at the request of the citizen himself does not raise significant questions. But deregistration against the will of a registered citizen is possible only if the citizen has lost the right to use the corresponding living quarters. However, there can be only one document that unambiguously confirms that a person does not have the right to use housing - a court decision that has entered into force.
Step 2
You will need a lot of patience and strong enough nerves to get the appropriate court decision.
First, you need to determine whether the person you want to "discharge" from the apartment has no right to live in it. In general, the right of residence can be deprived of people who move into an apartment after the completion of the privatization process. It should be noted that persons who did not receive property rights as a result of privatization, but who had the right to use housing at that time, as a rule, have the right to use it after privatization. Moreover, with the exception of the persons who wrote, at one time, the refusal to privatize, the rest of the persons who did not participate have the right to revise the results of privatization and to include themselves in the composition of co-owners.
Step 3
Another exception is minors who received the right to use housing after privatization. They can be evicted only with the consent of the guardianship and guardianship authorities. Such consent is given, as a rule, only if the evictions are provided with guarantees to provide the minor with other housing.
Step 4
After you have determined that the evicted person may be deprived of the right to use the housing, you need to obtain the consent of all co-owners. This consent must be recorded in writing. If you have doubts that the rest of the co-owners will come to the court session, then it is better to notarize the consent. Then you should file a claim with the court. Attached to the application is a document confirming the defendant's notice of filing a claim and a receipt for payment of the duty. Evidence materials are also attached to the claim.
Step 5
You must be prepared for the fact that by a court decision, the evicted person will be granted an extension of 6 months to a year. These terms are common in practice, although theoretically the term is not limited.
Step 6
The process of deregistration itself is quite simple. Having taken the decision of the court, come to the housing office and write an application for deregistration. Then the officials will cope without you. The legislation gives officials 6 days to take actions (3 days for the housing office and 3 days for the FMS).
