A statement of claim for eviction is a demand expressed in writing and addressed to the court to deprive a citizen of the right to use a living space, or to confiscate it from the owner. Eviction of a person is possible with the provision of alternative living space, or without it. In general, filing a claim for eviction is an extreme measure applied when peaceful options for resolving this issue have been exhausted.
Instructions
Step 1
The statement of claim for eviction, like everyone else, must comply with the requirements specified in Art. 131 and art. 132 of the Civil Procedure Code of the Russian Federation. As a basis for your demands for eviction, you must also refer to the norms of the Housing Code of the Russian Federation. The grounds for filing such a claim can be very different. So any citizen can apply for eviction if a resident living with him in the neighborhood violates the rules of the hostel or the rights of persons living with him. Among the most common grounds should be indicated claims for eviction of the ex-spouse, or eviction in connection with non-payment of utilities or violation of other rules for the use of residential premises.
Step 2
So, we start writing the statement of claim by filling in its "header", which, as usual, is located in the upper right corner of the sheet. It indicates the name of the court to which the statement of claim is filed, last name, first name, patronymic, address of residence of the plaintiff (plaintiffs) and the defendant (defendants).
Step 3
Further in the middle of the line is written "statement of claim for eviction." Then it is necessary to describe the current situation in free form, indicating the person to be evicted, the grounds for eviction, the premises from which the eviction is to be carried out, the owner of this premises. Then indicate your request to evict the named citizen from the occupied dwelling.
Step 4
Sign the statement of claim, put the current date. Please attach any written evidence you have to your application. The application is submitted to the court with copies according to the number of persons participating in the case. When filing a claim, a state fee is paid. Depending on the situation and the grounds for eviction, a sale and purchase agreement, copies of a financial personal account, an extract from the house register, an extract from the USRR, a copy of a divorce certificate (if the case is about the eviction of a former family member), written evidence - protocols about the violation by the tenant of the rules of the hostel, witness testimony, etc.
