Statement of claim for discharge from the apartment.

Article updated: March 25, 2021
Alexey BessonovPracticing Moscow lawyer

Hello. I am a visiting lawyer from the Bessonov and Partners law firm. I specialize in discharging citizens in court.

On this page I have included links to download the statement of claim to the court for the removal of the former owners and their family members from the apartment. The official name is a statement of claim for termination of the rights to use residential premises. Also below read detailed instructions on how to fill everything out correctly.

STATEMENT OF CLAIM

on recognition as having lost the right to use residential premises

HERE DESCRIBE YOUR SITUATION AND LEGAL SIGNIFICANCE CIRCUMSTANCES

In accordance with Part 3 of Article 83 of the Housing Code of the Russian Federation: “If the tenant and members of his family leave for another place of residence, the social rental agreement for residential premises is considered terminated from the date of departure, unless otherwise provided by federal law.”

According to the explanations of the Plenum of the Supreme Court of the Russian Federation, set out in paragraph 3 of paragraph 32 of Resolution No. 14 dated 07/02/2009: “When the court establishes circumstances indicating the voluntary departure of the defendant from the residential premises to another place of residence and the absence of obstacles in the use of the residential premises, and also about his unilateral refusal of rights and obligations under the social tenancy agreement, the claim to recognize him as having lost the right to residential premises is subject to satisfaction on the basis of Part 3 of Article 83 of the Housing Code of the Russian Federation in connection with the termination of the social tenancy agreement by the defendant in relation to himself.”

Based on the foregoing

ASK:

1. Recognize __________________________________________________ as having lost the right

use of residential premises located at the address: ____________st. _______________________ house _______ apt. ______.

Application:

1. receipt for payment of state duty in the amount of 200 rubles – 1 copy. on 1 sheet,

2. copy of the certificate of family composition dated “___” _________ 20__ No. ___ - 1 copy. on 1 sheet,

3. copy of social tenancy agreement No. ___ dated “___” ___________ 20__ – 1 copy. on ___ sheets,

4. copy of order No. ___ dated “___”___________ ______ – 1 copy. on 1 sheet,

5. copy of personal account – 1 copy. on __ sheet,

6. copy of the act of non-residence of the defendant dated “___”_________ 20__ – 1 copy. on ___ sheet,

7. ……………………………………………………– 1 copy. on ___ sheet,

8. ……………………………..………………….– 1 copy. on ___ sheet,

9. ……………………………………………………– 1 copy. on ___ sheet,

10. copy of the statement of claim for the defendant with all attached documents – 1 copy. on ____ sheets.

Plaintiff __________ (____________________)

"___"_________ 20__.

——————————————————————————————————

We begin filling out a statement of claim for discharge from a municipal apartment by indicating the name of the court to which we will submit our statement of claim.

When choosing a court, you need to understand the following rules. Extract from the apartment is carried out on the basis of a decision of the district (city) court.

Therefore, the statement of claim must be submitted not to the magistrate and not to the regional or regional court, but to the district (city) court.

As a general rule,

Passport Office

Each district of the city has its own passport office, where citizens are registered and discharged; here you can get a certificate of discharge or other necessary papers. If circumstances are such that it is necessary to change the place of registration, the citizen simply visits the passport office, writes in an application for discharge, and gives it to the employees of this authority.

After a certain time, he can receive a stamp about discharge and deregistration. To reduce the time spent visiting the passport office, on special websites you can find a sample application for discharge, registration forms and download them for free.

This will allow you to fill out the document at home, slowly, and then just go to the passport office and hand it in. What is included in the application form?

The document must contain data from the authority that is authorized to carry out the deregistration procedure.
Information about the person submitting the application and applying for an extract.
It is also necessary to indicate the reason that became the basis for changing the place of permanent registration.

If a citizen changes his place of residence, moves to a new house or apartment, he must indicate his new address in the application.

The application, drawn up according to the sample, is signed by the applicant. The employee of the passport office who carried out the reception also puts his signature on it.

The statement of claim is filed with the district (city) court at the defendant’s place of residence.

If you know the actual place of residence of the defendant, then file a claim with the court at his place of residence.

If you do not know the actual place of residence of the defendant, then file a claim at the place of his registration.

That is, you submit a statement of claim to the court at the location of the apartment from which you want to discharge the non-resident person.

Next, fill out information about yourself as the plaintiff:

last name, first name, patronymic in full,
residential address and telephone number,
as well as similar information about the defendant.

If you do not know the defendant’s telephone number, then accordingly do not include it in the statement of claim.

The name of the claim - “Statement of claim for recognition of the loss of the right to use residential premises” - leave unchanged.

The statement of claim is called “for recognition as having lost the right to use residential premises,” and not for deregistration from a municipal apartment.

We will not ask to discharge the defendant from the apartment.

Our goal: to recognize the defendant as having lost the right to use the apartment.

This is due to the fact that the court itself does not discharge you from the apartment.

Extract from the apartment is carried out by the body registering citizens at the place of residence (passport office, registration department of the migration service or another) based on a court decision.

For the sake of simplicity, I will use the following words and formulations: the court will discharge you from the apartment , the court will be able to discharge you from the apartment , etc.

By these formulations it should be understood that the court recognizes the defendant as having lost the right to use the apartment, and on this basis he can be discharged from the apartment.

Next, you need to describe your situation and legally significant circumstances.

Based on these circumstances, the court will be able to satisfy the claim. This is the most important section in the statement of claim.

State duty

The Tax Code of the Russian Federation establishes a rule according to which every person, when applying to the judicial authorities, is obliged to pay a certain tax fee. It may later be charged as legal costs and recovered from the losing party.

In 2021, the amount of state duty for property claims that are not subject to material assessment (eviction cases fall into this category) for individuals is 300 rubles, but if a representative of a legal entity goes to court, you will have to pay more - 6,000 rubles.

What should the statement of claim contain in this section?

Describe in the statement of claim:

how did you or your family get this apartment,
when and who is registered in it,
who actually lives in the apartment,
when the defendant moved out of the apartment,
why did the defendant leave the apartment?
Here it is important to indicate that the defendant left voluntarily, did not intend to return, did not participate in the costs of maintaining the apartment, etc.
who pays utility and other bills,

What are legally significant circumstances and how to describe them in a statement of claim?

Legally significant circumstances are the conditions under which the court will be able to make a decision necessary for discharge from the apartment.

As you understand,

Desire alone is not enough to force someone to leave the apartment.

We also need conditions with which the Housing Code of the Russian Federation binds the possibility of evicting a person from an apartment without his consent.

There are several such conditions.

I described all these conditions in
the free instruction book “How to discharge from a non-privatized apartment?
Assess your chances of success in court." In it, in clear language, he spoke about each of the conditions under which deregistration from a municipal apartment without consent is possible.

You can get this book for free by clicking the link in the picture on the right

However, I will describe

Through another city

If a person has already moved for permanent residence to another city, it is not necessary to return to the passport office at the old place of residence to apply for an extract..

You can come to the passport office at your new address, submit an application for registration, and an employee of this institution will send the request to another city and carry out the procedure for registration and new registration himself.
It’s convenient and saves citizens’ time.
Perhaps this citizen has questions about his old address, in which case he will receive a refusal to be discharged or registered without personal participation, and will need to go to his old residential address.

You can get an extract without registration in a new city. To do this, you need to have your representative with a notarized power of attorney to carry out the deregistration procedure. A representative will draw up an application and follow the procedure. This option can also be used if it is not possible to return to the old city.

The claim template already contains all the necessary wording.

All you have to do is enter the last name, first name and patronymic of the defendant, as well as the exact address of the apartment from which the extract must be made.

And last but not least is the Appendix, which will list all the documents, copies of which you will attach to the statement of claim.

The total number of items in the Appendix is not regulated by law.

The statement of claim may contain 2-3 documents in its Appendix, or maybe 102 documents. It all depends on the amount of written evidence you can collect.

However, in any case, your statement of claim for eviction from the apartment must contain in its Appendix:

original receipt for payment of state duty in the amount of 200 rubles,
a copy of the statement of claim for the defendant with all the copies of the documents that you attach to the copy of the statement of claim submitted to the court.

What documents are needed to check out of a municipal apartment?

Typically, copies of the following are attached to the statement of claim for removal from a municipal apartment:

a certificate of family composition (it is also sometimes called a certificate of composition of those registered in the apartment);
an order for an apartment or a social tenancy agreement;
personal account for the apartment;
certificate of non-residence of the defendant in the apartment (if you can obtain it);
other written documents confirming the conditions necessary for discharge from a municipal apartment.

So, the statement of claim for discharge from the municipal apartment is ready.

In the second part of the article, I will talk about how to draw up a statement of claim for discharge from a privatized apartment.

In the meantime, I’ll give you a strange recommendation.

Do not immediately run to court to file your claim for ejection from a municipal apartment.

Why am I making this recommendation?

Because I have handled more than one similar case and I know that by filing a statement of claim in court, you will prematurely reveal your intentions to the defendant. And he, probably, wanting to prevent expulsion from the apartment, will begin to collect evidence to refute the conditions that you will need to prove.

Premature filing of a claim, without preliminary pre-trial preparation for collecting evidence, can lead to defeat and complete loss of the opportunity to be discharged from the apartment.

You must understand that by demanding the defendant be discharged from the apartment, you are asking the court to overstep Article 40 of the Constitution of the Russian Federation, which guarantees every Russian the right to housing.

For the court to do this, you must have strong evidence that not only confirms the conditions under which a person can be discharged from the apartment (you can learn about all the conditions for discharge from the free mini-book), but also refutes the false arguments of the defendant.

Courts often refuse to vacate an apartment, because the defendant’s false explanations are not refuted by the plaintiff’s evidence, and the courts find no reason to ignore Article 40 of the Constitution of the Russian Federation.

You can obtain evidence that will not only confirm all 5 conditions for discharge from the apartment, but also refute the defendant’s false statements from the defendant himself.

Provided, of course, that he does not yet suspect your intention to remove him from the apartment.
To do this, you only need a mobile phone and/or social networks or email.

How to use these common things in the life of a modern person to collect evidence in order to drive your defendant “into a corner ” , I described in the video instructions: “How to discharge from a non-privatized apartment? part “Pre-trial preparation”.

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What's stopping you from winning the trial and being released from your apartment?

Dangerous illusions about the statement of claim, which consist of the following, prevent you from winning in court:

a statement of claim to the court for removal from an apartment is mistakenly considered an insignificant document,
a claim is a kind of formality that can be somehow drawn up, if only the court would accept it and begin consideration of the case,
the most important thing is to start the legal process by filing a statement of claim, and then the court will sort it out.

The danger of such a misconception is that:

an incorrectly prepared statement of claim for removal from an apartment may be returned by the court without consideration or left without progress. In such a situation, the trial simply will not begin.
incorrectly formulated requirements in the statement of claim may lead to the denial of the claim.

I wish you a wonderful day and a life worth living.

How to write a claim for ejectment from an apartment

It is the statement of claim that initiates the trial and is one of the most important documents. Therefore, it is necessary to approach its preparation very responsibly and with the utmost care.

It is best to compile the text of the application on a computer and print it out. Although if you do not have such an opportunity, then write it by hand. This will not serve as a reason for the court to refuse to accept the claim.

When writing a statement of claim, you must adhere to the form prescribed by law. Another rule is to adhere to a business, official style. You should not use unflattering words about the defendant, no matter what kind of relationship you have with him. Try to appeal only to facts that you can document, otherwise the court will not accept them for consideration.

What is forced expulsion and what laws govern it?

Forced deregistration is the process of removing a person from registration, which can be carried out without his consent and personal presence.

The procedure for such withdrawal is described in Appendix No. 5 of the RF Government Decree No. 713 dated July 17, 1995. The reasons for compulsory deregistration by registration authorities are specified in clause 31 of the RF PP No. 713. You can discharge a person without his presence in the following cases :

He was declared missing and dead.
The owner of the property received a notice of registration in his living space of a person to whom he did not give such consent, and filed a corresponding application with the authorities for deregistration.
Facts of fictitious registration or provision of fake (overdue) documents for registration were revealed.

In all other cases, in order to forcibly remove a person from housing, without his personal presence and consent, in accordance with paragraphs. “e” clause 31 of the RF PP No. 713, a court decision that has entered into force will be required.

Government services website

The list of services that can be obtained online is very large. And you can also start the discharge procedure through the State Services portal if it is carried out voluntarily. This online service saves a lot of time. What should I do to use the Internet service?

Registration on the State Services portal is required.
After the registration procedure, you should go to the page with government services.
It will have a whole list of services that you can use online. Select the “Deregistration” link.

The user is offered an agreement, without which further actions are impossible. Standard consent should be given for the processing of a person's data. Then you will need to select the region where the service is provided.

The following questionnaire contains the user's data, including full name, civil passport data, information about the organization that issued it, and citizenship.

IMPORTANT! The application form should indicate the reason why an extract is needed.

It should be indicated whether there is another living space for registration. You will also need information about the form of employment, the availability of any type of social security, and marital status.

You will need to spend quite a bit of time filling out such a form, but then the system will provide information about the date when you can come to the specified authority to deregister. The online service will not save you from visiting the passport office, but it will help save time on filing your application.

Minor

If you have to remove a minor from your living space, you will need to enlist the help of an experienced lawyer, since there are many nuances in this issue:

When discharged through the court, forcibly, a person under 14 years of age must be under the protection of his representative - one of the parents. The legal representative will appear in court and assume other obligations. After 14 years of age, a child can attend a court hearing independently.
In order for the court to consider the eviction of a child due to the transfer of ownership of the apartment, the relevant document must be attached to the claim. You will also need to confirm that the parents are divorced and that the child lives with one of them.
If the child’s legal representative is the owner of the apartment, he cannot be registered at this address. This is only possible upon reaching adulthood.
It is important that the claim expresses a demand for the child to be registered at a different address.

✅ Legal assistance

Housing issues related to discharge require serious legal knowledge. Deregistration of children is complicated by contacting the guardianship authorities. An unprepared person may simply get confused in the list of documents. Well, if it comes to court, then everyday experience is not enough.

We offer you free consultations on issues related to the discharge of minors.
Our lawyers will advise you on how to deregister in a municipal and ordinary apartment. Tired of running around authorities? In this case, contact us and we will do all the work on a turnkey basis. Legal assistance will save you from ill-considered steps! Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

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Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

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Pre-trial settlement of the issue

Before filing a claim, attempts at pre-trial settlement should be made.

In addition to conducting conversations and verbal requests to be discharged, it is necessary to record these attempts in writing (so that evidence can be provided to the court later).

Eviction from public housing without prior notice is generally not possible.

Claim

The claim in the form of a written notice is sent by registered mail . It should contain the following information:

Full name and contacts of the sender;
on what basis is he the owner of the property;
on what basis is the recipient required to deregister;
deadlines given for self-discharge;
a warning that in case of refusal, the sender of the notification will be forced to go to court to force the recipient to be deregistered.

If the deadlines specified in the notification have passed, and no one has been deregistered, you can safely go to court.