It is not always very difficult to get a non-owner out of an apartment, but you need to go to court to do this. Sometimes forced eviction is justified, for example, when a tenant poses a danger to property due to the creation of a fire hazard.
Conditions for extracting a tenant from an apartment
- When an apartment is acquired by the owner personally before marriage, then during a divorce, the legal spouse no longer has the right to live in this room. Article 31 of the LC RF indicates that in case of refusal to evict, the court will decide to forcibly leave the living space.
- If the apartment has not been privatized, it is not used for its intended purpose. According to article 91 of the LC RF, this is damage to property or illegal actions in relation to neighbors. Such tenants can be easily evicted, but first, those tenants who are dissatisfied with a particular person must write reasoned statements to the tenant, in which they clearly explain the requirements for him. A warning is sent to his name, which usually has no effect. After the tenant has received the notice, you can go to court.
- In the absence of a person in the apartment for a long time. This aspect is valid only if the tenant does not pay taxes, but does not live in the apartment and has other housing, which the court can recognize as permanent and suitable for living.
- The registration in the apartment occurred after the fact of its privatization by the last owner. The owner of the apartment has the right to easily write out the owner of the apartment. However, this possibility does not apply to minors, as their discharge is prohibited by law. Only in exceptional cases can a child be discharged from the apartment.
- Upon receipt of the apartment by the owner as a gift or according to the will, if there were registered tenants in it at the time of receipt.
- You can only remove a minor from the apartment if he, together with his legal guardian, lives in another living space.
Spouse's discharge without his consent from a privatized apartment
Usually this action can be carried out quickly and without significant labor costs. There is a set of rules governing the discharge of one of the spouses from the apartment, if one of them privatized the living space even before the official registration in the registry office.
You can write out a spouse who is not the owner of the apartment when submitting a standard application to the court. It is allowed to expel from the premises not only the spouse himself, but also all members of his family. This aspect is regulated by article 31 of the LC RF, which answers the question: how can I get out of the apartment.
It is impossible to write out one of the spouses who were married at the time of the privatization of the apartment, even if the person refused to participate in the share. If you do not participate in privatization, your spouse does not have the right to dispose of specific property, but he can live in the building an unlimited amount of time. This is the answer to the question whether the owner of the apartment can write out the former spouse.
The owner of the apartment at the same time has the right to perform any actions with the apartment, for example, to sell the housing or part of it, as well as to lease it. However, information that buyers or tenants will read should include information about registered tenants.
It is very difficult to carry out any actions with the apartment despite the fact that an outsider is registered in it, so housing often loses value from this or even turns out to be unclaimed in the real estate market. It is impossible to get a relative's discharge; only persuasions are allowed. It is not always possible to get anyone out of a privatized apartment.
Conditions for spouse discharge
If the question arose of how to write a wife out of the apartment, it must be borne in mind that such an opportunity arises in the absence of a spouse in the apartment or refusal to pay taxes. Moreover, this factor does not matter if the tenant contributed at least part of the amount required from him. When at the same time he (she) has another living space that meets all the criteria for a comfortable stay, you can be discharged from the apartment not living. It is only necessary to remember that the tenant has the right to provide information that will justify his (her) non-payment of utility bills, and the court sometimes in such cases writes out installments to a person. This fact must be taken into account when trying to find out if the owner of the apartment can write out a person.
Algorithm of actions for extracting a tenant from a privatized apartment
To find out if you can be discharged from the apartment, you need to go to court. First, a statement of claim is formed, in which the tenant's need to terminate the right to use the apartment is signed. Separately, it is necessary to mention the fact of eviction and deregistration. If you need to evict a former family member, you need to make a separate statement. This paper is submitted to the court, to which the living space is assigned in the district. To make a competent statement of claim, you need to analyze all your wishes and describe why the tenant deserves to be evicted.
In a district court, you need to include not only the application, but also present the documents for the apartment. They include a contract of foundation and confirmation that the owner is a specific person. All faults committed by the tenant must be documented and be attached to the application. This is a fact of utility payments arrears, existing allegations of improper handling of property, and a divorce certificate must be provided upon discharge of the ex-spouse.
When the ex-spouse arrives at the appointed time at the court hearing, the applicant automatically wins in this process. If the former spouse does not attend the courthouse, the process may take years, since the consideration of the case will be periodically postponed.
Unexpected court decision
When a judge makes a decision on a person’s discharge, he has the right to analyze his financial situation. If a court representative considers that there is not enough money for the person being written out and there is no suitable housing, then he may oblige former relatives to leave the tenant in the apartment for a certain time. This must be taken into account when the question arises: can they be discharged from the apartment?
Sometimes the court decides that the applicant is obliged to independently provide suitable housing for the time being discharged, for which the court gave him a delay from the execution of the decision. Everyone must comply with all court orders in strict accordance with legal requirements, therefore, in some cases, a lawsuit to extract a tenant from an apartment may not be favorable for the plaintiff.
Limitations when preparing an application for discharge
There are certain features that govern the discharge from the apartment for which the privatization procedure has been carried out. If the privatization was carried out by the spouses together, and the relatives of the former spouse took part in this process, then it is not possible to leave the owner of the apartment. If they refused a share in the apartment, that is, they decided to lose the share for the sake of living, then the court cannot decide in favor of their discharge. You can exchange an apartment, but the consent of former relatives will be required. Without it, you can’t do anything with housing.
It is possible to write out the owner of the apartment, who was assigned a certain period of stay in prison. He has the right to demand the restoration of his right to reside on housing when he returns from prison. During this time, the owners can sell the apartment, but then the transaction will be considered invalid, and you will have to return the money to buyers.
Discharge of a person from a municipal apartment
The municipal apartment is owned by the city administration, which is the landlord for people who have the rights to this housing. The tenant is any person registered in this apartment. In order to evict those residents who create certain inconvenience or lose their rights to an apartment, it is necessary to be guided by article 91 of the LC RF.
There are several reasons why a person is allowed to leave the municipal apartment.
- When the tenant makes debauchery and commits illegal actions in relation to other residents of a particular apartment. Also, an extract is possible in case of violation of the rights not only of neighbors in the living space, but also on the porch. These aspects should be documented, otherwise there will be no confirmation that there is a reason to leave the apartment without the consent of the tenant.
- Refusal to pay utility bills. Failure to pay a fixed or even any amount of money to pay debts for utility bills may be the reason for a person to be discharged from housing. Usually, the court, when making a positive decision, obliges the violator and his entire family to move out of the apartment in a short time. It must be remembered that the law protects other owners from paying utility bills that are not assigned to them, so no one can oblige others to pay debts.
Minor Reasons to Go to Court
- The use of own housing for other purposes, but for commercial or other purposes that are contrary to law.
- The condition of the apartment becomes unsatisfactory due to damage to housing from the actions of the person being written out. This factor is especially taken into account by the court in the presence of applications from residents or their certificates. The most important aspect is the threat of complete or partial destruction of the apartment from illegal actions of the registered tenant.
If you live together after a divorce and want to discharge your former spouse, you need to make sure that he (she) has his own suitable living space. If there is none, then, without providing new housing to the former spouse, it will not be possible to be discharged from the apartment without consent.
Algorithm of actions for discharge from the municipal apartment
- The municipal authority must be notified that one of the tenants allows himself to spoil the general condition of the apartment before applying to the court. This organization generates a warning and sends it to the name of the tenant. This aspect is prescribed in Article 91 of the LC RF.
- A statement of claim for eviction is sent to the district court by the applicant himself or his legal representative. All documents related to the property and provinces of the tenant must be submitted with the application.
- Before setting a hearing, the court conducts a special investigation, during which the lawfulness of the charges is ascertained, and then a date is set for the hearing.
Difficulties in discharge
There are certain features that you need to consider before going to court. Often additional questions arise regarding the discharge of a person who has not been in the apartment for a long time. Article 71 of the LC RF regulates that the isolated fact of a prolonged absence of a tenant in an apartment will not help to leave a non-resident. Article 72 offers a legitimate way out of this situation: the right to compulsory exchange of municipal housing must be exercised. It is also very difficult to discharge a child from a municipal apartment.
If there is no proven fact of non-payment of utility bills, it should be borne in mind that this aspect is also not a reason for discharge of a person. When personal accounts are divided, the fact of non-payment is obvious. And if one of the relatives regularly pays for the apartment, and the other person refuses, then this does not give the right to write it out, since with the full payment of bills all registered people have the right to live in the apartment.
Features of court decisions
Sometimes the fact of non-payment of utility bills is proved, but the court exempts a person from liability for this. Such a course of events is possible if one of the tenants does not pay for the apartment, which is justified by the lack of income, and this can be explained by health problems or the need to care for a close relative. A woman is exempted for some time from the obligation to pay utility bills if she is raising a small child.
Therefore, when you try to write out a person on the fact of non-payment of utility bills for the apartment, you need to check for aspects that can justify the tenant.
An extract of a person from an apartment that has passed into his property right under a gift agreement
Article 292 of the Civil Code of the Russian Federation regulates the right of the owner to whom the apartment is presented to write all people out of it without their consent. This procedure is carried out through the court, subject to a certain algorithm of actions.
The following situations are possible:
- Clause 2 of Article 292 of the Civil Code of the Russian Federation is the basis for the discharge of all previous tenants, since the fact of transfer of ownership on the basis of a gift agreement automatically deprives all registered tenants of the right to live in the premises.
- When a spouse gives an apartment while married, he can only be released from a dwelling after a divorce. This is described in Article 31 of the LC RF.
- An exception to the unconditional right to extract residents from a donated apartment is the presence in it of people under the age of majority. The court may allow children to be evicted from the apartment, however, the condition for this should be their own housing with comfortable living conditions and an appropriate number of square meters assigned specifically for them.
Algorithm of actions for eviction from an apartment transferred under a gift agreement
A statement of claim is drawn up, which lists in detail the persons who should be deprived of the right to reside in the apartment, as well as a request to deregister them in a particular housing. The application must be sent to the district court. It is necessary to draw it up correctly so that the court immediately makes a positive decision. If the facts are incorrectly indicated or if an incomplete set of documents is provided, it is possible that the application will have to be drawn up again or some important points will be missed.
Together with the deed of gift, the application is submitted to the district court to confirm its right to inherit the apartment. A document is also needed that confirms the registration of ownership at the state level. If necessary, a divorce certificate is provided.
Features of the trial
When the hearing takes place, the judge decides to terminate the right to reside in the apartment of a particular person. Usually, a decision is quickly made in the applicant’s favor, unless an attempt is made to discharge a minor from the apartment.
Sometimes difficulties in discharging a person arise in cases where an individual is practically incapacitated: for example, a bedridden patient or a disabled person who does not have the opportunity to take care of himself and does not have additional housing. The court may decide to leave such a person in the apartment. However, such situations are very rare.