Sample statement of claim for discharge from an apartment using a ready-made example
Content
Forced eviction from housing for various reasons implies their deregistration through a judicial procedure. To begin the legal process, you need to file a claim for ejection from the apartment.
Drawing up a statement of claim for ejectment from the apartment
Before submitting documents to the court, it is necessary to establish the reasons for removal from the apartment. Possible grounds for deregistration are provided for in housing legislation and vary depending on the type of ownership of the apartment.
If the premises are municipally owned, the court may issue a discharge under the following circumstances:
- in case of debt for utilities for more than six months;
- in case of systematic violation of the rights of neighboring residents and lack of response to official warnings;
- in case of damage to the provided housing with the threat of causing damage or destruction;
- in case of termination of the right to use municipal premises.
For privately owned apartments, such grounds can be established by the legal owner of the premises, who has the right to expel any residents who do not have registered rights to the apartment.
The circle of persons who can be discharged only by court decision also depends on the specified circumstances, since in some cases such eviction is allowed only with the allocation of another residential premises.
A sample statement of claim for exclusion from an apartment can be found on our website, however, the procedure for filling it out depends on many circumstances of a particular case.
Download a sample (example) of a statement of claim for discharge from an apartment in MS Word.
To fill it out, you must contact an experienced lawyer in housing disputes and provide all the necessary documents.
The plaintiff must send documents for the court regarding the discharge, and if it is impossible to receive them, the court can prepare a request to any institution to provide the necessary evidence.
How to discharge a person from a municipal apartment?
To remove a tenant from municipal premises, it is necessary to establish whether he is the tenant or a member of his family. An example of a statement of claim for an extract can be downloaded from the link on our website for almost every possible basis for forced eviction.
The entire tenant's family can be charged for debt if they have overdue debt on housing and communal services for six or more months.
In this case, eviction is allowed only with the provision of another premises, a smaller area and a degree of improvement. A sample claim for removal from the debtors’ apartment should contain the following content:
- an indication of the concluded rental agreement listing all residents who have the right to permanent residence;
- information confirming the amount and timing of fulfillment of the obligation to pay for housing and communal services;
- evidence of violation of the payment procedure for services provided;
- evidence of compliance with the pre-trial procedure for resolving the dispute (notification to debtors of the need to repay debts);
- option for residential premises where it is necessary to evict the defendants.
On this basis, it is possible to discharge a child who is a member of the employer’s family, since the entire family, without exception, is subject to forced relocation.
A compulsory extract for these reasons may be refused if, at the time of the appointment of the trial, the shares were fully or partially repaid by citizens.
If the owner carries out eviction procedures for causing damage to residential premises, prior notice is required that the continuation of illegal activities is inadmissible.
If enforcement measures do not help, it is necessary to invite residents to voluntarily discharge themselves due to the impending termination of the tenancy agreement. This requirement is not fulfilled within the prescribed period, and there is a reason to discharge the entire family of violators by court decision.
How to discharge a citizen who has not acquired the right of permanent residence in municipal housing or has not lived in an apartment for a long time?
Both the owner of the housing stock and the tenant of the premises can file a claim in court. The list of documents for the court upon discharge under these circumstances should include:
- a tenancy agreement indicating the composition of persons entitled to permanent residence;
- evidence of illegal residence in a citizen’s apartment (for example, expiration of temporary registration);
- evidence of the impossibility of resolving the dispute voluntarily.
A sample statement of claim for the discharge of a non-resident person should be filled out indicating the fact that the defendant acquired the right to use housing in another place or did not receive the right of permanent residence in the disputed apartment.
A claim for deregistration from an apartment is subject to consideration by courts of general jurisdiction within the framework of civil proceedings.
How to discharge a minor?
The legislation establishes separate requirements for the eviction and discharge of children. If the parents are expelled by a court decision, the child as a family member is also subject to eviction.
Moreover, if the eviction is accompanied by the provision of other housing, the child has equal rights to receive it.
If an application for eviction of minor children is filed, is it possible to discharge them separately from their parents? No, the law does not allow situations that would allow a minor child to be discharged separately from his legal representatives.
To remove a child from housing of any form of ownership, it is necessary to obtain prior permission from the guardianship and trusteeship authorities.
Such a document is drawn up in compliance with the requirements of the law and is subject to study during the trial. In addition, a representative of the prosecutor's office takes part in claims for eviction of families with children.
If a child is discharged on the basis of a court decision on discharge, then it must indicate the reason for the absence of grounds for providing him with another placement. Such cases are possible in the process of forced vacation of housing in case of violation of the rules for using the apartment.
How is deregistration from a privatized apartment carried out?
How to write a statement of claim to the court to expel a person from his own apartment? The owner of the property has the right to expel a person if he does not have the legal right to live in the living space. These facts are confirmed by the following documents:
- an extract from the Unified State Register of Real Estate, where all owners of the property are recorded;
- an extract from the home book or personal account for the apartment;
- a certificate from the passport office or the Federal Migration Service.
In any case, the grounds for going to court must be documented by obtaining certificates from authorized bodies.
If it is necessary to discharge a family member of the owner, the court will need to provide documents showing that the defendant does not have a legal right to reside.
Such circumstances can be confirmed by information from the Unified State Register of Real Estate, as well as an agreement on the acquisition of ownership of an apartment through privatization.
If a family member had the right to privatization, but refused it in favor of other persons, he acquires the right to permanent residence in the apartment without the possibility of eviction.
How to write a statement of claim to the court for eviction from an apartment if the ex-wife, who has the right to reside in this premises, is subject to forced eviction?
The owner is granted such a right only if the wife did not have independent right of use at the time of privatization. If the former spouse has an interest in the property, the wife cannot be discharged under any circumstances.
If a wife wants to remove her husband from an apartment that belongs to both of them by right of ownership, it is necessary to formalize the division of the joint premises, since arbitrary deprivation of ownership is prohibited by law.
Documents for deregistration from an apartment through the court of the ex-husband must necessarily include evidence of his lack of a share in common law, as well as a certificate of termination of family relations.
How to properly file a claim for a property owner to remove temporary residents? Such grounds arise from the moment of termination of the period of legal residence (for example, the period of temporary registration). These facts must be documented by receiving a response to the request from the passport office or the Federal Migration Service.
Loading...
