Recognition of the loss of the right to use a dwelling is a serious problem that cannot be resolved on its own, and you cannot do without the help of a lawyer. The Russian state protects the rights of people to use real estate. But there are situations in which you have to make a lot of efforts to get this protection. In some cases, people registered and living in the premises have more rights to it than the owner of this property.
Actions of a citizen owning a property
If the owner of the real estate has found himself in a delicate situation and people registered in the apartment do not go to leave it, it is necessary to prepare a special lawsuit recognizing that they have lost the right to use the premises. Judicial practice shows that such situations occur quite often. This is a complex procedure in which you need to know the basic subtleties and laws. For the court to decide to recognize a citizen as having lost the opportunity to use the property, you need to collect a lot of evidence and develop the correct scheme of action. Few people without legal assistance manage to win the case, so it is better to find a competent lawyer.
If a person does not know all the nuances when the right to use private property is lost, he may face various problems. For example, in a situation where an apartment was purchased by one of the family members before marriage, but the second is registered in it and continues to live even after a divorce. The court must bring a claim for recognition as having lost the right to use the premises of the second spouse.
Usually, when discussing such issues, the court rises to protect the rights of the owner of the apartment and issues a decision on the eviction of the former spouse. And also the evicted person is deregistered by the registration authority. But in any situation, there are exceptions. By the way, if privatization occurred at a time when the spouses were married and one of the parties renounced their right to own in favor of the second spouse. Even after a divorce, the refused spouse has the right to permanent use of the property.
When a person uses an apartment under a lease
A large role is played by the recognition of the right to use the premises by members of the tenant's family, or rather, people who have signed a tenancy agreement and live under it. With such questions, people often go to court. This usually happens if there is reliable information that the citizen and his family members are registered in the property, but do not live in it.
Recognition as having lost the right to use the premises is a reason to deprive a person of registration. This is a very important issue for those who live in apartments where third parties are registered and monthly they have to pay utility bills for them.
Such actions also help those who are going to take ownership of the apartment, but cannot do it without the consent of the people registered in it. A person who has lost his right to use the premises, will not be able to claim an apartment or other real estate. However, in order for the court decision to be just such, it will be necessary to try hard and provide as much evidence as possible.
Why the court may refuse to satisfy the claim
Be sure to be prepared for the fact that the court may also refuse to file a claim, since there are quite a lot of different situations in our time. In order for the judge not to have any questions, it is necessary to submit all possible evidence and testimonies of witnesses.
Of great importance to the court is the new place of residence of the person. Therefore, if possible, it is necessary to collect documentation about his new place of residence and that he moved there of his own free will, and not with the help of the plaintiff or other persons. For lawyers and lawyers specializing specifically in such cases, this situation is already mundane, and they can easily get the necessary court decision. A person alone will not always be able to win a hearing. Therefore, it is better not to try to save money, but to immediately hire a specialist.
The procedure for declaring lost the right to use the premises
It happens that a registered resident leaves home and does not fulfill the obligations established by the LCD of the Russian Federation. Then the owner of personal property can prepare a lawsuit to the judicial authority to declare his right to use the premises lost.
If the tenant is registered on housing but has never lived there, the owner can prove in court that the person did not acquire the right to use this property.
The Housing Code of the Russian Federation in Article 83 established: if a person and all members of his family have moved out of an apartment or any other property, the contract of employment is considered to be completed from the moment of departure. And you also need to know what exactly the court pays attention to when making such decisions:
- The nature of the departure. In any situation, the judge will consider whether the tenant left voluntarily or if the landlord forced him to do so. A person may be forced to move out due to some circumstances. For example, family conflicts, divorce. In this case, the parties must provide evidence relating directly to the exit from the apartment. If the case was voluntary, only the testimonies of the parties will suffice, if the departure was forced, the evidence may be appeals to the district police, the police, and testimonies of witnesses.
- For how long did the person leave. In this case, it is understood that a person has temporarily left the premises or permanently. If we give an example of temporary absence from the apartment, then this is a business trip, examination, sanatorium, service in the armed forces, departure due to the care of a sick relative. If the person has changed his place of residence, then the owner can confirm this by the lack of personal belongings of the defendant in a private house. To establish the truth, the court is able to request the necessary information from various authorities.
- Are there barriers to living? If the owner constantly prevented a registered person from living in the apartment, for example, he systematically changed door locks. In this case, the defendant independently proves the truth about the inconvenience caused to him. This is usually quite easy if, at the time of the obstacles, the defendant turned to the police or the local police.
- If the defendant has acquired the right to use another residential facility. But this is taken into account only if the possession was acquired, otherwise the court does not consider this evidence.
- Failure to fulfill their duties. The social contract of employment states that a person must pay his share in the payment of utility bills, if this does not happen, the contract may be terminated.
Having examined in detail all the evidence presented, the judge makes a decision. If there are enough of them in total, then a decision is made on recognition as having lost the right to use the living quarters of a citizen, who will subsequently be deregistered in the appropriate body.
Advice to plaintiffs and defendants
If a person registered in an apartment for a long time does not pay utility bills, you should not demand them from him. It is much easier to check if the citizen’s personal belongings are in the apartment and file a lawsuit with the judicial authority. Do not try to find out the relationship in person and even more so to spoil the relationship with him.
Those who are registered, but for some reason do not live in a residential building, you need to know:
- in order not to be discharged from the apartment through the court, you need to regularly pay a certain amount of utility bills;
- if it is not possible to pay for services in person, you need to send money to the owner by postal order, indicating that the money has been transferred to pay for the services;
- if the owner interferes with living in the apartment, you can contact the police with a statement about this.
You need to know that the grounds for the right to use the premises arise immediately after the conclusion of the contract of employment. Based on the Housing Code of the Russian Federation, registration of a citizen in an apartment is not enough to obtain the right to use a property. The foundation comes at the moment when the person moved to the specified address and lives in it.
Determining the procedure for using residential premises
In order to understand this difficult issue, you need to know some nuances.
Owners who jointly own an apartment can decide how they will use the property by agreement. This option is considered the best, as it turns out less conflict. The legislation does not establish certain requirements for such an agreement, the only thing the parties need to know is that the contract must be drawn up in accordance with the basic rules on contracts.
What is better to add to the agreement:
- specify whether the entire room or a certain part is transferred to the use of the second side;
- at what time each party can use shared property;
- indicate other points of interest.
For property owners, it is possible to determine the procedure for using the premises through a court. In any case, even if the parties reach the trial, the judge will offer them a peaceful settlement of this issue.
Usually, when drawing up a statement of the right to use property, the plaintiff asks the court to assign each participant a certain area in the apartment on the basis of property rights. This norm is also determined by the Housing Code of the Russian Federation. It should be understood that it is only possible to demand the establishment of the procedure for the use of property to the extent that a person owns it. The court will certainly consider all the nuances associated with each of the parties to the process. Of great importance to the court is whether the defendant owns other property.
What is considered an object of ownership of housing
In any field of law there are objects and subjects. The Housing Code of the Russian Federation establishes that the objects of housing rights are various types of residential premises.
These include:
• private houses;
• apartments;
• rooms;
• parts of apartments.
According to the laws of Russia, any person residing in the territory of the Russian Federation must be registered. It is for this purpose that people are prescribed in residential premises. Often there are situations when a person is registered in the house, but does not live there. At such moments, the property owner is able to submit a claim for recognition as having lost the right to use the premises.
How should a tenant use real estate?
If the tenant has entered the apartment legally, he bears certain responsibilities for his living in front of the landlord. These obligations are regulated by the Housing Code of Russia:
- it is possible to use the housing provided only for its intended purpose, while a person must comply with sanitary standards;
- it is necessary to ensure the safety of housing;
- regularly make repairs and maintain housing in satisfactory condition;
- pay utility bills on time;
- when changing the terms of the contract, it is necessary to notify the owner.
Quite often, during a divorce, one of the spouses moves out of real estate, but remains registered in it. This causes a lot of inconvenience to other residents:
- For all registered, you need to pay utility bills, even if a person does not live in the apartment.
- It is impossible to register the ownership of the apartment, since the consent of all registered citizens is necessary.
- There is no way to register other people until all property owners come to the passport office.
What evidence must be submitted to court
In order for the judicial authority to decide on the loss of their rights to property, real estate, the plaintiff needs to collect evidence.
What is included in the evidence base for the court:
- If the plaintiff left voluntarily, then it is necessary to provide a new contract of employment, an extract from the Russian registry (if the defendant has other housing), a copy of the certificate of ownership, a certificate of residence from the registered person and members of his family, documentation of registration of housing causing questions.
- Copies of utility bills drawn up by the police officer on the act of causing obstacles to the defendant's residence in the plaintiff’s apartment.
- Testimony of witnesses both for voluntary departure and for forced leave.
- Other evidence by which the court will be able to make a decision.
Russian legislation established that as evidence that a person does not use the object of housing rights, that is, an apartment or a house, the court can accept both individual facts and their totality. In any case, the decision will remain with the court, so do not think that the whole procedure is quick and easy.
Deregistration
After a person is recognized in court as having lost his right to use the apartment, you can contact the registration authorities and deprive him of his registration.
Typically, litigations are initiated by:
• the employer and members of his family;
• the owner and members of his family.
The judge in his decisions always relies on legislation and the evidence presented. At the same time, when the right to use the premises by force is lost, the person is left without a residence permit, and for the lack of registration in our country administrative liability is provided. Recognition of a person as having lost the right to use the premises may take place in court.