The procedure for deregistration from an apartment through the court
Content
The right of permanent or temporary residence can arise for various reasons - acquisition of housing ownership, allocation of apartments on social lease terms, rent or lease. When citizens move in, they are registered at their place of residence or stay, and removal from a person’s apartment can be carried out through the court on the grounds provided for in the law.
List of documents for extract
The grounds for forced eviction of citizens from residential premises by a court decision depend on the conditions for obtaining the right to reside, as well as the legal status of the property.
If the apartment belongs to a citizen by right of ownership, he is given the opportunity to independently decide who to register in the apartment and for how long the living space is provided.
Upon expiration of the period for which the housing was provided, the temporary registration is canceled automatically and does not require an application to the FMS department.
If a person is moved in on a permanent basis, the owner has the right to deregister the person registered in the apartment on the following grounds:
- termination of family relations if the former spouse is not granted the right of permanent residence upon arrival;
- violation of the rules for the use of residential premises - committing actions that create a threat of damage or destruction of an apartment or apartment building;
- failure to fulfill the obligation to pay utility bills;
- systematic violation of the interests of other residents or owners of neighboring residential premises.
Under these circumstances, forced discharge is permitted only after compliance with the notification procedure.
Documents for release can be sent to the court only if the residents have not fulfilled the legal requirement to vacate the apartment voluntarily.
Forced deregistration will be carried out on the basis of a judicial act, for this you need to prepare the following documentation:
- statement of claim for forced deregistration;
- a document confirming the legality of ownership of the living space (certificate, extract from the Unified State Register of Real Estate);
- a document confirming the reason for deregistration (for example, an inspection report of a residential premises or a certificate of debt for housing and communal services);
- evidence of warning (notification) of impending eviction;
- payment document confirming payment of the state duty.
Based on a court decision providing for the discharge of a person, the FMS authorities will compulsorily discharge him.
Extract from the apartment through the court
Deregistration by court decision must be properly documented, and the grounds for deregistering a person must be indicated in the statement of claim.
A sample extract from an apartment through the court can be found on our website, and the following points must be included in the content of the statement of claim:
- name of the judicial authority;
- personal and address information of the owner, as well as the evicted citizens (if several people need to be deregistered, information for each of them must be indicated);
- evidence of legal ownership of housing (certificate or extract from the Unified State Register of Real Estate);
- reasons for discharge by court decision (specific reasons are indicated - termination of marriage, violation of rules of residence, etc.);
- evidence of compliance with the pre-trial resolution of the dispute;
- requirements for eviction and deregistration.
Note! If the apartment was purchased before marriage, the newly acquired spouse does not have the right to claim division of the living space after the divorce. Moreover, there is no right to permanent residence if this has not been agreed upon under the terms of settlement. In such cases, forced deportation of the ex-spouse through a judicial procedure is allowed.
Sample document
A sample application for deregistration from an apartment must comply with the requirements of the law and, first of all, must reliably confirm the authority to communicate with the court and the grounds for deregistration.
Download a sample statement of claim for deregistration (deregistration) in MS Word.
In addition to the owner of the property, the right to go to court may be the landlord who has provided the apartment to citizens under a social tenancy agreement.
Claims for eviction from an apartment are filed in a court of general jurisdiction (district or city court), the case will be considered at the place of residence of the defendants.
Grounds for deregistration
The grounds for eviction will be of key importance when considering cases of this category.
If, when evicting from private apartments, most of the options for action depend on the owner of the property, then from residential premises under the terms of social rent you can only evict on the grounds expressly specified in the Housing Code of the Russian Federation.
If the apartment is municipal, forced eviction may be carried out if the following circumstances exist:
- the acquisition by the defendants of the right to other housing under a social tenancy agreement;
- the occurrence of debt for utility services for more than six months in a row (in this situation, eviction can only be provided with the provision of other housing);
- systematic violation of the legitimate interests of citizens living in neighboring apartments (for example, regular violation of public order);
- actions that create a threat to safety, damage and destruction of a residential premises or apartment building;
- violation of the intended purpose of the residential premises (for example, using the apartment as a retail outlet or production facility).
Deregistration on the specified grounds is preceded by a procedure for warning employers about the inadmissibility of violations of residence.
To do this, the lessor is required to deliver a written notice or warning in person or by mail.
Please note that compliance by residents with the requirements specified in the written notice will result in termination of the forced deregistration procedure.
How does forced expulsion work?
In some cases, the eviction and discharge of the apartment owner by court decision is allowed.
Since the right of private property can only be limited by law, the grounds for forced deportation of the owner of his own apartment must comply with the Civil Code of the Russian Federation and the Housing Code of the Russian Federation:
- violation of the intended purpose of the residential premises (for example, the use of housing for production);
- committing actions that cause harm to neighboring apartments, as well as load-bearing structures and elements of the building (such circumstances often arise during illegal redevelopment or reconstruction of an apartment);
- refusal to relocate from emergency housing or houses subject to demolition;
- forced eviction based on the results of enforcement proceedings for debt collection.
Since the protection of property rights is guaranteed by legislative acts, the property interests of the owner will be respected even in the event of forced eviction.
For example, if eviction from a dilapidated house is refused, the owner will be provided with equivalent housing, and if such an offer is refused, compensation will be paid from budget funds.
The plaintiff in cases of eviction by the owner can be municipal authorities or the State Housing Inspectorate (its powers include supervision of compliance with the rules for maintaining the housing stock).
For forced discharge after a court decision, you may need to contact the FSSP service. This happens if the evicted citizens refuse to voluntarily comply with the judicial act.
In the process of enforcement proceedings, the actual eviction will be carried out, and the documents for discharge will be sent to the Federal Migration Service.
Procedure for deregistration
Thus, the procedure for deregistration from residential premises will depend not only on the grounds for this procedure, but also on the possible actions of the parties.
If citizens do not object to eviction, they must independently contact the Federal Migration Service and fill out a form for deregistration.
To force a forced eviction, the owner or landlord must have evidence confirming the grounds for vacating the living space.
Verification of such grounds will be carried out during the trial and they will be recorded in the court decision.
After receiving a court decision, the owner of the residential premises or the landlord must send documents for forced deregistration to the Federal Migration Service or transfer them to the FSSP service to initiate enforcement proceedings.
Loading...
