How to write out the apartment is not the owner? Is it possible to write out from the apartment without consent?

Writing out the apartment is not always the ownerIt is very difficult, but for this you need to go to court. Sometimes forced eviction is justified, for example, when a tenant is a danger to property due to the creation of a fire hazard.

Conditions of discharge from the apartment

1. Когда квартира приобретается собственником лично and before marriage, the divorced spouse no longer has the right to live in this room. Article 31 of the Housing Code of the Russian Federation indicates that in case of refusal of the eviction, the court will decide on the forced abandonment of the living space.
2. If the apartment has not been privatized,not used for its intended purpose. Under article 91 of the Housing Code of the Russian Federation, 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 should write a reasonable statement to the tenant, which clearly explains the requirements for him. A warning is sent to his name, which usually has no effect. After the tenant receives the notice, you can go to court.
3. 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, does not live in an apartment, and has other housing that the court may recognize as permanent and livable.
4. Прописка в квартире произошла после факта ее privatization by the last owner. The owner of the apartment has the right to easily write out from the apartment is not the owner. 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.
5. Upon receipt of the apartment by the owner as a gift or according to the will, if there were prescribed tenants in it at the time of receipt.
6. A minor can be discharged from an apartment only if he and his legal guardian live in a different living space.

Extract spouse without his consent from the privatized apartment

Usually this action can be done quickly andwithout significant labor costs. There is a set of rules governing the discharge of one of the spouses from the apartment, if the living space was privatized by one of them even before the official painting in the registry office.

Выписать супруга, не являющегося собственником apartments, you can when filing 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 LCD of the Russian Federation, which answers the question: how can you be discharged from an apartment

It’s impossible to write out one of the spouses whowere married at the time of the privatization of the apartment, even if the person refused to participate in the share. If there is no participation in privatization, the spouse does not have the right to dispose of specific property, however, he can live indoors for an unlimited amount of time. This is the answer to the question of whether the owner of the apartment can write out the former spouse.

The apartment owner has the rightperform any actions with the apartment, for example, sell a house or its part, as well as rent it. However, the information that will be read by buyers or tenants must include information about the registered tenants.

Perform any actions with the apartment whilethat a stranger is registered in it is very difficult, therefore, housing often loses the cost of it or is generally unclaimed in the real estate market. It is impossible to achieve a relative’s discharge, it is allowed to use only persuasion. It is not always possible to write out any person from a privatized apartment.

Conditions for discharge spouse

If you have a question how to write out your wife fromapartment, then you need to consider that such an opportunity appears 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 demanded from it. When at the same time he (she) has another living space that meets all the criteria for comfortable living, you can write out from the apartment not living. Just need to remember that the tenant has the right to provide information that will justify his (her) failure to pay utility bills, and the court sometimes in such cases, writes a person installments. This fact must be taken into account when trying to find out whether the owner of an apartment can write out a person.

Algorithm of actions for an extract of the tenant from the privatized apartment

To find out if you can write out of the apartment,need to go to court. First, a claim is formed, which states the need for the tenant to terminate the right to use the apartment. Separately, it is necessary to mention the fact of eviction and removal from the register. If you need to evict a former family member, then you need to make a separate statement. This paper is submitted to the court to which the living space is ranked in the district. To make a competent statement of claim, it is necessary to analyze all your wishes and describe why the tenant deserves eviction.

The district court should include not only a statementbut also to show documents for the apartment. They include a contract-basis and confirmation that the owner is a specific person. All offenses that the tenant has allowed must be documented and attached to the application. This is a fact of debt on utility bills, existing allegations of improper handling of property, and upon discharge of the former spouse it is necessary to provide a certificate of divorce.

Когда бывший супруг приходит в назначенное время at the court hearing, the applicant automatically wins in the process. If the former spouse does not visit the court building, the process may take years, since the consideration of the case will be periodically postponed.

Unexpected court decision

When a judge decides on the discharge of a person,He has the right to analyze his financial situation. If a representative of the court considers that the discharged person does not have enough money and there is no suitable living space, he can oblige his former relatives to leave the tenant in the apartment for a certain time. This should be taken into account when the question arises: can they be discharged from an apartment?

Sometimes the court decides that the applicant mustto independently provide suitable housing for the discharged at the time for which the court gave him an adjournment from the execution of the decision. Everyone must comply with all court decisions in strict accordance with legal regulations, therefore, in some cases, a court procedure for discharging a tenant from an apartment may not be favorable for the plaintiff.

Restrictions on issuing a statement of discharge

There are certain featuresregulating an extract from the apartment for which the privatization procedure was 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 impossible to write out the owner from the apartment. If they refused to share in the apartment, that is, they decided to miss the share for the sake of living, then the court cannot decide in favor of their discharge. You can exchange an apartment, but you will need the consent of former relatives. Without it, no actions with housing can be done.

Есть возможность выписать из квартиры не the owner, who was appointed a certain period of stay in prison. He has the right to demand the restoration of his right to live in a living space when he returns from prison. During this time, the owners may sell the apartment, but then the transaction will be considered void, and you will have to return the money to the buyers.

Extract a person from a municipal apartment

Муниципальная квартира находится в собственности the city administration that is the landlord for people who have rights to this living space. Any person registered in this apartment acts as a tenant. In order to evict those tenants who create certain inconveniences or have lost their rights to an apartment, it is necessary to be guided by Article 91 of the Housing Code of the Russian Federation.

There are several reasons for the discharge of a person from a municipal apartment.

1. Когда наниматель устраивает дебоши и совершает illegal actions in relation to other tenants of a specific apartment. Also, an extract is possible in violation of the rights of not only neighbors in the living space, but also on the entrance. These aspects must be documented, otherwise there will be no confirmation that there is a reason to write out of the apartment without the consent of the employer.
2. Refusal to pay utility bills.Failure to pay a fixed or even any amount of money to repay utility payments arrears can be a reason to discharge a person from housing. When a positive decision is made, the court usually obliges the abuser 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 them to pay other people's debts.

Secondary reasons for going to court

1. The use of their own living space is not intended, and use for commercial or other purposes, contrary to the law.
2. Состояние квартиры становится unsatisfactory because of the damage to housing from the actions of the person being discharged. This factor is especially taken into account by the court in the presence of statements from the tenants or their evidence. The most important aspect is the threat of complete or partial destruction of the apartment from illegal actions prescribed by the tenant.

When living together after a divorce and desireto write out the ex-spouse you must make sure that he (she) has his own, suitable for living, living space. If there is none, then, without providing a new home to the former spouse, it will not be possible to write out of the apartment without consent.

Algorithm of actions for an extract from the municipal apartment

1. The municipal authority must be notified thatthat one of the tenants allows himself to spoil the general condition of the apartment before the application is submitted 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 LCD RF.
2. Drawing up a statement of evictionsent to the district court by the applicant himself or his legal representative. All documents relating to real estate and the tenants of the tenant must be provided with the application.
3. Before you schedule a meeting, the court conducts a special investigation, during which the legality of the charges is ascertained, and then the date of the meeting is set.

Difficulties at discharge

There are certain features that you needtake into account before going to court. Often there are additional questions regarding the discharge of a person who was not in the apartment for a long time. Article 71 of the Housing Code of the Russian Federation regulates that the isolated fact of a long absence of a tenant in an apartment will not help to write out a non-resident from the apartment. Article 72 offers a legitimate way out of this situation: the right to a 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 failure to payutility payments, you need to bear in mind that this aspect is also not a reason for the discharge of a person. When personal accounts are divided, the fact of non-payment is obvious. And if someone from the family regularly pays for the apartment, and the other person refuses, then this does not give the right to write it out, because with full payment of the bills, all the registered people have the right to live in the apartment.

Features of court decisions

Sometimes the fact of non-payment of utility billsproved, but the court exempts a person from responsibility for it. Such a course of events is possible if one of the tenants does not pay for the apartment, which is explained 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 temporarily exempted from the obligation to pay utility bills if she brings up a small child.

Therefore, when trying to write out a person on the fact of non-payment of utility bills for an apartment, you need to check the presence of aspects that can justify the tenant.

Extract a person from an apartment that has passed into his right of ownership under a deed of gift

Article 292 of the Civil Code regulates the lawthe owner, who has been presented with an apartment, to write out all people from it without their consent. This procedure is carried out through the court in compliance with a specific algorithm of actions.

Such situations are possible:

1. Clause 2 of Article 292 of the Civil Code of the Russian Federation is the basis forextracts of all previous tenants, since the fact of transfer of property on the basis of a donation contract automatically deprives all registered tenants of the right to live in a room.
2. When a spouse gives an apartment while being married, it is possible to write him out of housing only after a divorce. About this tells the article 31 LCD RF.
3. Exception of unconditional discharge rightthe tenants of the donated apartment is the presence of people under the age of majority. The court may allow the children to be evicted from the apartment, but the condition for this should be that they have their own housing with comfortable living conditions and an appropriate number of square meters assigned to them.

Algorithm of actions for eviction from the apartment, passed under the contract of donation

Составляется исковое заявление, в котором в details are listed of persons who should be deprived of the right to live in an apartment, as well as a request to remove them from the register in a particular housing. The application must be sent to the district court. It is necessary to make it correctly so that the court immediately issued a positive decision. In case of incorrectly indicated facts or provision of an incomplete set of documents, it is possible that the application will have to be made again, or any important points will be missed.

Вместе с договором дарения заявление относится в district court to confirm their right to inherit an apartment. Also a document is required that confirms the registration of ownership at the state level. If necessary, a certificate of divorce.

Features of the trial

When the trial takes place, the judgedecides on the termination of the right to stay in the apartment of a certain person. Usually, the decision is quickly made in favor of the applicant, with the exception of cases when an attempt is made to discharge a minor from an apartment.

Sometimes difficulties in discharging a person occur incases where an individual is practically incapable: for example, a bed patient or disabled person who is unable to take care of himself and who does not have additional housing. The court may decide to leave such a person to live in an apartment. However, such situations are very rare.