How to deregister a non-owner from an apartment without consent through the court: Sample statement of claim for deregistration (deregistration) and eviction

Last modified: October 2021

It is not difficult to discharge yourself or to discharge one of the residents voluntarily and does not require going to court. A statement of claim for deregistration from an apartment is drawn up to carry out the procedure forcibly and the refusal of the resident to deregister on a voluntary basis or if his actual location is unknown. The court does not carry out the deregistration directly, but without a verdict rendered by it, the authorized bodies of the Ministry of Internal Affairs do not have the right to deregister.

Eviction under the housing code

In order to evict a non-owner through the court, a basis is necessary, since the law protects the rights of not only the owners, but also the people registered in the living space, who also have the authority to use the property.

The statement of claim for eviction and deregistration is drawn up in a strict form. Judicial practice proves that most often the requirements are not satisfied because the rules for forming the document were violated. It is noteworthy that only the owner of the property has the right to submit such an application.

The Housing Code states that a claim for eviction from an apartment of a registered person who is not the owner also implies forced eviction and moving out. The law is transparent, but going through all the authorities is much more difficult than stated in theory. Therefore, before registering a person on his square meters, the employer should think carefully.

Registration in non-residential premises is considered illegal only when it is proven that it is impossible to live on these meters.

In disputes, the status of the apartment is of great importance. The Housing Code voices the following points:

If a citizen violates the rules for the use of real estate, then Article No. 35 comes into force.
Art. No. 91 establishes the grounds for forced eviction.
Art. No. 84 is working on the issue related to apartments in which a person lives under a social tenancy agreement.
Clause 1 Art. 209 of the Civil Code of the Russian Federation says that there will be no extract if the citizen is a relative.
Clause 1 Art. 31 of the Housing Code of the Russian Federation states that everyone who has registration is considered a member of the family of owners.

Note: when an individual violates the living conditions, it is easily possible to forcibly evict him if he correctly draws up an application and collects the necessary papers. With social rent, it is enough not to pay utilities for six months to lose your home. In this case, the municipality acts as the plaintiff and drafter of the petition.

Watch the video: “Removing a person from registration through the court.”

Who can apply for compulsory discharge?

An extract from a privatized apartment through the court can only be initiated by the owner or co-owner of the apartment.
People are discharged from a municipal apartment at the request of the residents of the apartment or the landlord (municipal authority).
In some cases, neighbors, management companies, and homeowners associations can also file a claim.
Example: If a person leading an immoral lifestyle is evicted, which makes it impossible for other registered persons to live, then an application to the court for ejection can be filed by 1) neighbors in the apartment, 2) the owner of the building in which the premises are located.

Legal grounds for eviction of a non-owner from a home

It is not enough to write an application to deregister a non-owner from an apartment through the court. This paper must indicate the legislative framework that will justify the plaintiff’s demands. In some cases, termination of residence and eviction is impossible without the provision of other living space.

In order to remove a person from permanent registration, the court must recognize the fact that there are compelling reasons for this procedure. Decree of the Government of the Russian Federation No. 713 provides detailed information about this process.

Causes

To discharge a person from an apartment through the court, you will need to draw up an action plan in advance. It is necessary not only to collect the necessary documentation and have a basis, but also to clearly understand where to go and what to indicate in the text.

Reasons for discharge may be the following:

The citizen is officially declared missing.
Death of the registered non-owner.
Loss of right of residence.
The registration was carried out in violation of legal norms.
Sometimes passport office employees register people where they are not supposed to do so. Such registration is considered fictitious.
The person does not live in the living space and there is evidence that he has another place to live.
If people were married and then divorced, then the former spouse is not considered a relative and the owner of the property has the right to write him out. A compulsory procedure is provided if a person voluntarily does not want to deregister.
You can even deregister a relative who has not lost the corresponding status, if he was registered before the privatization of square meters.
For regular non-payment of utilities.
Gross violation of the rules for using the premises and immoral actions. The rowdy will be discharged due to inappropriate behavior, as well as a threat to the life and health of household members.

Note: you need to file a claim only if you have a good reason. If a person simply did not pay for utility services, then he can ask for a deferment from the housing and communal services and retain his registration.

When you can't evict a non-owner

Mandatory elements of the claim

Some people can keep their registration and live in the room, even if the owner is against sharing household life. The state provides protection to certain individuals based on certain criteria.

Even a well-drafted claim will not help in deregistering citizens if they fall into the following category of the population:

Owners of square meters in the form of shared ownership.
Persons under eighteen years of age.
Registered after privatization, including in case of refusal to enter into a share. In this case, the court will ask you to buy back the part. Additionally, a long deferment of payment is provided. During this time, a person has the right to occupy the apartment legally.

People with disabilities, dependents and those with serious health problems also fall under state protection. Under such circumstances, you should try to reach an agreement with the non-owner living in the apartment in pre-trial proceedings.

Pre-trial dispute settlement

You should never neglect the possibility of a peaceful solution to the issue. This saves money, time and nerves. In the pre-trial process, it is necessary to explain orally (or in writing) to the opponent about all the consequences of the dispute, possible options for satisfying his desires in a form other than through the court.

Their arguments are supported by documents confirming the ownership of the housing, as well as the loss of the tenant’s right of residence. It is better to entrust this to a lawyer who will professionally argue that going to court is not the best option for the future defendant. The same lawyer will be able to advise the person about options for voluntary discharge from the apartment or even help him.

Institutions for appeal

To start the process, you need to create:

Only actions in accordance with the established regulations will allow the office of the authority to accept an eviction request.

The main mistake that many applicants make is incorrectly indicating the name of the department. The Civil Code insists that the application must take place at the place of registration.

A statement of claim for the discharge of non-resident but registered citizens must also be filed at the residence address, even if the owner’s family is located elsewhere.

Note: it is not recommended to go to the first court you come across. Territorial affiliation must be respected - this is stated in Art. 24 and art. 28 Code of Civil Procedure. In megacities there are district courts, and in small settlements there are city courts.

The procedure for evicting a non-owner from an apartment without consent through the court

The first step is to correctly fill out a sample application for discharge from an apartment through the court, if it was not possible to obtain consent for a peaceful settlement. An authority officer may require evidence that an attempt was made to reach an amicable agreement with the person.

The owner is obliged to try to resolve the issue in a conflict-free way, no matter who loses the right of registration and residence - a tenant, a family member or a distant relative.

There are many legal issues, so experts recommend acting in accordance with step-by-step instructions:

Drawing up a claim with reference to the evidence base, excerpts from legislative norms that confirm the correctness of the position.
Attracting evidence that it is not the owner who is violating the rules of residence if the situation is controversial.
If a person is not savvy in law, it is better to contact a lawyer. If the claim is rejected, the issue of discharge and eviction will remain in limbo for a long time.
If a former relative has objections, the court will take them into account and may change its decision, even when the law is on the plaintiff’s side.
Non-owners can be evicted or evicted only after receiving a writ of execution. Before this, a preliminary hearing will take place, and then a verdict will be rendered.
Collect a complete package of documentation, i.e. any papers related to the living space and the citizen who needs to be discharged and expelled.
At the hearing, the state judge will ask questions. Clear answers should be prepared, since the final decision depends on them. If the plaintiff has nothing to say, and the defendant can prove the presence of financial problems and the lack of other space, then there is a risk of losing the case.

The procedure for discharge through the court

Before filing claims, it is recommended to analyze the categories of citizens who cannot be discharged from the premises. If the defendant falls under at least one of the points, then filing an application is pointless.

Stage No. 1: Drawing up a statement of claim for eviction of a non-owner from the property

A statement of claim for ejection from an apartment through a sample court may have different grounds, but the body is identical.

Filling nuances:

The header indicates the name of the judicial authority and the city in which it is located.
Full information about the plaintiff: Full name, address and contact information. Similar information about the defendant.
The amount and check number are entered, which indicates that the state fee has been paid.
After the header in the middle, the name of the document is written: “Statement of Claim for recognition of a citizen as having lost the right to use residential premises and deregistration.” Even if this phrase is written incorrectly, the office may leave the case without consideration or return it to correct the error.
In the first line you need to indicate what its owner writes, as well as the number of the certificate for the property. It is enough for one person to submit an application, even if there are more owners.
The body of the appeal states that the plaintiff carried out a pre-trial procedure, but it did not produce results. Confirmation can be a registered letter that was sent to the defendant and a notification of delivery.
Further, regulations and laws are prescribed that confirm the right position of the applicant.
After listing all the reasons, you should indicate a list of attached documentation, copies of which are attached. The judge will review the claim prior to trial and should have an idea of what documents the plaintiff is willing to provide and his overall position.
At the end, put the date of completion and the signature of the applicant.

Stage No. 2: Collecting documentation for discharge through the court

If the owner does not live under temporary registration, then it is much easier to write him out, but documentation also needs to be prepared.

List of all documents without which the application will not be considered:

Claim.
Documentation proving the identity of the applicant.
Certificates of title for housing.
Information from the house register.
Paid state duty.
Papers confirming the grounds for deregistration of a non-owner.

Additional information may be required. For example, if a former spouse is being evicted, you must provide a certificate of divorce. It is also worth considering that if the defendant has nowhere to go, the court may give him a delay to find housing, and if he assures the authority that he is seriously ill, they will refuse to evict him altogether.

Stage No. 3: Payment of the state fee for eviction

The citizen must pay the costs of the government agency for considering his claim. The mandatory fee is 300 rubles according to paragraphs. 3 p. 1 art. 333.19 Tax Code of the Russian Federation. You can pay the fee through a terminal in the courthouse, Russian Post (a receipt for the state fee is requested from the department office) or a mobile bank card application.

Stage No. 4: Time frame for consideration of a claim for eviction of a non-owner

Conditions for removing a person from an apartment without his consent

After filing a claim, the judge will review the documentation within five working days. The petition is accepted for processing and you just have to wait for the summons for the preliminary hearing.

The hearing will take place no later than one month after the filing of the non-owner's eviction application. This is stated in paragraph 1 of Art. 154 Code of Civil Procedure. Subpoenas will be sent by mail with mandatory delivery.

Stage No. 5: Meeting

After filing the application, a preliminary hearing is scheduled. During the meeting, the circumstances of the case and the availability of the necessary list of documentation are clarified. Additionally, the judicial authority may request certificates from the housing and communal services or passport office. If everything is in order, then a date is set for the main hearing, where the decision will be announced. The process may be delayed due to the fact that the defendant does not come to the preliminary hearing.

Stage No. 6: Announcement of the verdict on the eviction claim

If the judge rules in favor of the plaintiff, he will inform that the forced deregistration of the non-owner has been approved. In addition, the time frame within which the defendant must complete the eviction procedure will be announced.

The application for discharge must be submitted to the passport office no later than the specified deadline. If this does not happen, then the plaintiff can turn to the bailiffs.

Controversial issues and features

There are a couple of main controversial issues that occur most often and often become the reason why the applicant’s claim is denied. Let's take a closer look at them.

Discharge of an incapacitated or minor person

Such persons cannot be discharged “to nowhere.” Moreover, they are required to be discharged only with their parents/guardians and for this they must obtain permission from the guardianship authorities. In the case of forced deregistration, you first need to make sure that the family with the child has alternative housing. Otherwise, the court will refuse to satisfy the claim or, as an option, offer to provide residential premises in place of the one from which the residents are being discharged.

Discharge “to nowhere” in the absence of another place of residence

Most often, the court rejects such claims. If residents simply do not have another apartment or house where they could register, then it is assumed that people do not have money for them and there is no way to somehow correct the situation (if it can be proven otherwise, a positive decision will be made). In practice, discharge under such conditions is a rather controversial issue, since, in theory, residents can rent another home, which is within the capabilities of almost any family.

Forcible deprivation of registration through the court is a rather labor-intensive, complex and lengthy procedure, which often ends not in favor of the plaintiff. It is recommended to contact specialists. Experienced lawyers will talk about the main problems and ways to solve them during a free consultation. They can also act as representatives of the client, which, as practice has proven, dramatically increases the likelihood of the claim being approved by the court.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then

describe your situation to a lawyer in an online chat;
write a question in the form below;
call Moscow and Moscow region
call St. Petersburg and region

Save or share the link on social networks

(
3 ratings, average: 5.00 out of 5)
Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

Ask a question Author's rating

Articles written

513

- FREE for a lawyer!

Write your question, our lawyer will prepare an answer for FREE and call you back in 5 minutes.

By submitting data you agree to the Consent to PD processing, PD Processing Policy and User Agreement

Useful information on the topic

Do you need a realtor when buying and selling an apartment?

Buying and selling an apartment are dangerous transactions. Despite…

Buying an apartment for minors from 14 to 18 years old

Buying an apartment for minors is a fairly common occurrence. Exactly like this...

Termination of the apartment purchase and sale agreement

The desire to terminate the purchase and sale agreement (SPA) of an apartment may arise for various reasons...

Consent to purchase an apartment from a spouse

A significant part of the property of the spouses is considered jointly acquired, with...

Title insurance when purchasing an apartment

When buying an apartment, one of the most popular types of insurance is…

What you need to know when buying an apartment on the secondary market

Before purchasing an apartment on the secondary market, you need to know the procedure for concluding...

The nuances of eviction of a non-owner of the property

If all the conditions for filing a claim for eviction of a non-owner are not met, then its consideration may be refused. There are several rules and nuances that make the process difficult. Much depends on whether the property is owned or owned by the state. The list of features of registration from housing depends on the right of use.

From council housing

Public housing is owned by the local authority and it is they who will make the application. Despite this, it is not so easy to discharge a person from public housing. Most often, such citizens do not have any other real estate.

The court will make a positive decision on the eviction of a non-owner only in the following cases:

A citizen has not paid for utilities for more than six months.
Poses a danger to neighbors.
Violates the rules of conduct.
Uses square meters for other purposes.
Doesn't keep the room clean.

Note: if a person has nowhere to go, then he will be given time to find another living space.

From privatized housing

Only the owner of the square meters or the shared owner can evict the premises that are owned. According to the law, the former spouse can also be discharged, since after the dissolution of the marriage he is no longer a member of the family. However, if a citizen falls into the category of those who cannot be deprived of housing by law, then the claim will be denied.

Eviction of a non-owner from an apartment registered under a gift agreement

There are also special cases when a person owns an apartment under a gift agreement. In fact, such a process is not much different from proceedings with privatized housing. After the conclusion of the deed of gift, the donee also receives a certificate of ownership from the government department and is its owner. This circumstance will not change the cost of the claim and the amount of the fee.

Check-out and eviction from a donated apartment

Statute of limitations for eviction

The statute of limitations applies to all proceedings. Casework cannot be opened if the period is more than three years. When the non-owner does not appear at the registered apartment for more than six months, then any court will make a decision on discharge even in his absence during the process.

The fact is that utility bills are calculated taking into account registered people and, naturally, the owner bears significant costs. The statute of limitations can always be restored if a person provides compelling reasons for this.

Legal consequences of deregistering a person without consent

Jurisdiction may be overturned. Owners do not always rightly try to expel a citizen from the premises in which he is registered. In this case, the person can file a counterclaim within ten days after the decision on discharge and placement is made or during court proceedings.

How to file an objection to an eviction claim

When drawing up an objection, you need to take into account the position of Article No. 131 of the Code of Civil Procedure of the Russian Federation. Such a document can be submitted by the defendant himself or the shared owner who does not agree with the eviction claim. However, this will be a separate application that requires separate collection of documentation.

The main thing is to present reasons proving disagreement.

Details about filling out the application:

In the body of the message you don’t need just water, but write essentially. Support statements with legislation, facts, and certificates.
The application can be submitted by a lawyer using a notarized power of attorney.
A reference to Article No. 31 of the RF Housing Code and Art. No. 56 Code of Civil Procedure of Russia.
Information about the claim to which the objection is being written, as well as the data of the parties, is written down.
A list of the complete list of documentation provided is indicated.

Courts accept objections free of charge. There is no state duty for such actions. The papers are submitted exactly to the department where the paperwork is opened - they can be sent through the secretary or sent by registered mail by Russian Post.

Submission rules

When submitting an application, you need to take into account certain rules:

Even before going to court, you need to try to solve the problem voluntarily (out-of-court). To do this, you should send a claim to the potential defendant (for example, by registered mail) with specific requirements, which will subsequently appear in the statement of claim. In this complaint, you should indicate a response time (for example, 1 month) and wait for a response. In some cases, this helps solve the problem, but most often such a document is needed only to show the court the plaintiff’s attempt to cope on his own. Even if it was unsuccessful.
When filing an application, the court clerk must require a document confirming the receipt of the claim or a copy of the application with a receipt stamp. This will help resolve controversial issues in the event that the court loses the documents (this rarely happens, but there is always some probability of such an outcome).
The court does not discharge the tenant on its own. It only issues the appropriate decision. With it and other papers, the applicant is obliged to personally deal with this issue. But he cannot independently and forcibly expel residents from the apartment. With documents confirming the fact that people have been deregistered, the owner must contact the bailiff service and demand that they evict the residents.

Judicial practice on eviction from the only home

Example: the owner tried to evict a distant relative from his apartment, but at the trial the girl brought a certificate stating that she was sick. The doctor’s report mentioned that the citizen needed an operation, after which she would become disabled. The court did not grant the petition to evict the non-owner.

The issuance of such a verdict forces the apartment owner to re-apply, but only when the operation is successful and disability is not granted.

Package of documents

To carry out forced eviction we will need:

statement of claim;
documents for housing. Lease, rental or social tenancy agreements, certificate of ownership;
documents indicating the existence of grounds for eviction;
certificate about those living in the home;
witness's testimonies. That is, written (oral) evidence of the behavior of a citizen who violates the rules of community life.