The owner of residential real estate is free to dispose of his property, so he has the right to sell it, give it, leave it by inheritance or perform other similar actions. Often in one housing not only the owner of the property is registered, but also other persons who are his relatives or just acquaintances. They often ask themselves if the owner of the apartment can write out a registered relative. This procedure is complex and lengthy, but under certain conditions it can actually be implemented, since it is the owner of the object who can dispose of the apartment at his discretion.
Who is not allowed to write out?
The basic information regarding the forced discharge of citizens from privatized housing is contained in article 31 of the RF LC. It is this normative act that should be carefully studied by all citizens who are worried that they may be forcibly expelled from housing belonging to their close relative. The main nuances of the process include:
- it will not be possible to complete the procedure if the relatives lived in the same territory until the moment when the housing was transferred from municipal to privatized;
- if there was a termination of family relations with the owner of the premises, then you can write out the former spouse only if there is evidence that he regularly violates the rights of other citizens living in the apartment, which is prescribed in Art. 71 LCDs;
- even if the registered persons are temporarily absent, for example, are in the army or prison, they do not lose their right to live in real estate, so they cannot be forced out;
- even if registered persons do not transfer funds to pay utility bills, this is not a good reason for their discharge, but it can be of high importance for the court in the process of deciding on the need to deprive registered persons of the place of registration.
Especially a lot of difficulties arise if a minor is registered in the apartment. For his discharge will have to get prior permission from the guardianship authorities. The owner of the real estate must prove that after the completion of this process the living conditions of the child will not be worsened. The mother of the baby cannot be discharged until he comes of age. Therefore, when answering the question of whether the owner of the apartment can write out a registered relative, it is difficult to come to a consensus, since many factors influence this process.
How to write out former relatives?
Most often, it becomes necessary to drive out people who are former relatives from real estate. This includes former spouses or their parents. Therefore, the question often arises of how to discharge an ex-wife from an apartment if the man is the owner of the property.
The procedure in any case is carried out through the court, and the following points are also taken into account:
- whether the apartment was acquired by a man prior to the direct conclusion of an official marriage;
- whether the woman participated in the purchase of housing;
- Does she have the opportunity to move to another residential facility;
- Do citizens have a common child?
The rights and obligations of citizens living together with the owner in the premises belonging to him are indicated in Art. 31 LCD All of them are taken into account by the court in the process of holding meetings, therefore, in fact, even the owner of the facility faces certain difficulties in the process of discharge of other citizens.
How to evict a brother or sister?
A fairly common situation is when a person receives an apartment by inheritance, but at the same time his brothers or sisters who lived together with the deceased testator live in this property. The new owner may decide on the need to sell the property for profit, but this requires relatives to be discharged in advance.
The nuances of the process include:
- will have to go to court with this issue;
- the court will have to prove that citizens live in another place, do not pay utility bills, are reported missing or violate the rights of other registered people;
- if the brother or sister has no other property, then even through the court it will be practically impossible to write them out to nowhere.
The owner, even if there are registered persons in real estate, can sell the property, but information about citizens should be provided to buyers. Therefore, it will be practically impossible to conclude a deal, as buyers do not want third parties to be registered in the new apartment.
Features of child discharge
Can the owner of the apartment write out a registered relative? In certain circumstances, this procedure is carried out quite quickly through the court, but difficulties necessarily arise if there is a minor among the registered citizens. The nuances of this process include:
- if the child lives with another parent at a different address, then on the basis of Art. 20 ГК there will be no difficulties with its statement;
- he will simply write out the child after he reaches the age of 18 and there is evidence that he lives in a different place with a parent or relative;
- the child’s place of residence is the address at which his parents live;
- if the baby does not have other real estate for living, then it will not work to write him out of the apartment, as the living conditions of the child will worsen;
- Representatives of guardianship authorities are always present at such court hearings, which brings additional difficulties, since it is important to prove that after discharge of the minor he will not remain on the street.
When discharging a child, it is not allowed to use any fraudulent schemes, as this may lead to the fact that the property owner will be prosecuted.
Can I write out without consent?
There are certain situations when the consent or notification of registered persons is not required that they will be discharged from real estate on the basis of a court decision. How to discharge a person from an apartment without his consent? For this, certain conditions and requirements must be observed. Consent is not required in the following situations:
- parents of the former spouse are written out, but the apartment must be bought by a citizen before marriage;
- the opinion and consent of the child is not taken into account if he is discharged from real estate together with his mother or father.
If you understand how to discharge a person from an apartment without his consent, the owner of the object can get rid of all citizens who are in his property by court order. After that, he will not have problems with the sale of the object or the completion of other transactions with the apartment. It will not be possible to carry out the procedure in relation to legally incapable or poor citizens who have certain physical limitations.
If a certain relative does not actually live in real estate or is missing at all, then he can be written out without his presence and consent.For this, the owner of the facility must collect official evidence of this fact, after which they are transferred to the judge. Based on this documentation, an appropriate court decision is made.
Stages of the voluntary procedure
Registration of ownership of the apartment suggests that the owner can dispose and use the property at his discretion. But often there are problems with the implementation of various transactions in the presence of registered persons. Can the owner of the apartment write out a registered relative? Even in the presence of kinship, there is the possibility of satisfying certain conditions to write out a citizen. For this, the owner must take consistent actions that depend on the opinion of the citizens themselves.
If people agree to check out of real estate, then the following steps are implemented:
- passports of citizens are prepared, and an extract from the house book is also taken;
- a statement is formulated by registered persons, on the basis of which they are deregistered at a specific address;
- The documentation is submitted for inspection to the passport office employees;
- on the appointed day it is required to come to the institution to pick up a certificate confirming the absence of registered persons in the apartment.
Relatives discharged from the apartment must decide for themselves where they will be further registered.
Forced discharge
Often, family members of the owner of a dwelling refuse to voluntarily leave the property. In this case, the owner of the facility will have to go to court, with the help of which it is allowed to force out citizens. The provisions of Article 31 of the LC RF are preliminary taken into account, since under certain conditions the procedure cannot be performed. It states that some citizens have the right to live in real estate owned by their relative.
How can the owner write out a registered person who does not want to be deregistered on their own? For this, sequential actions are performed:
- initially, documents are collected confirming that the registered persons live at a virtually different address, do not pay utility bills, violate the rights of other persons and neighbors, or there are other facts through which they can be discharged from real estate;
- a statement of claim is drawn up, and it is submitted to a court located at the location of the apartment;
- court hearings are held, of which all interested parties are notified;
- the court hears the opinion of each party;
- a decision is made by the court, which is not always satisfactory to the plaintiff.
If the court does not satisfy the requirements of the plaintiff, then you can appeal. If even at the second meeting there is no forced discharge of citizens, the owner will have to come to terms with their presence in his home.
How to write a rowdy?
Every person has the right to use a dwelling after officially registering. But at the same time, all citizens living in the apartment must take into account some requirements and rules that allow them to live normally with other people. If a person is a rowdy, then he can be forcibly discharged from the apartment through the court.
To complete this process, evidence of the citizen’s misconduct is required. The following documents may be used as such evidence:
- protocols drawn up by police stewards, if they are called by neighbors or other residents of the apartment on the basis of the violent behavior of a citizen;
- protocols formed by the district police officer, which is called by interested parties to bring the rowdy to justice;
- complaints and statements drawn up by the tenants of the apartment or neighbors.
The more documents there will be that confirm the citizen’s bad behavior, the simpler will be the process of his discharge.Usually, the court negatively treats such persons, therefore, if it is proved that a threat to the quiet life of other persons is created, then a decision may be made on the forced deregistration.
Is it possible to write out nowhere?
Often the right to use the premises is available to persons who do not have other real estate for living. In this case, difficulties arise with their discharge, since people will not be able to register at another place of residence. People can be sent to nowhere if the following conditions exist:
- the dwelling is not used for other purposes by people, and the owner of the premises must have relevant evidence;
- the rights or interests of other residents or neighbors are regularly violated;
- people handle the dwelling houselessly, which leads to its destruction, and in this case, the owner must formally demand the elimination of the consequences of illegal actions, and if this requirement is not satisfied, then the guilty persons will be evicted from the housing without providing another place for permanent residence ;
- if parents are deprived of their rights to children, then they are discharged from housing owned by minors.
In any case, the procedure is implemented exclusively through the court. The judge takes into account the rights of the owner who is not registered in the apartment, therefore for a forced eviction it is really necessary for the owner to have evidence of the lawfulness and expediency of this process.
What documents will be required?
How to write out of the apartment is not the owner? For the forced expulsion of this person from the apartment, the owner needs to prepare certain documentation. It includes paper:
- title documents for real estate, which may be submitted by the estate of the estate, gift certificate, contract of sale or other similar document, on the basis of which the property became the property of the applicant;
- home book, which lists all citizens registered at this address;
- a correctly formed statement of claim, which indicates the main claim, represented by the need to extract registered persons from the object;
- a certificate of family composition, and this documentation is especially important if the former spouse is expelled from the facility;
- copy of personal account for the apartment;
- if it is required to remove from the register a citizen who is missing, then an appropriate court decision is required;
- documents confirming the unlawful behavior of a particular person;
- witness statements confirming that specific individuals do not really live in real estate.
The more documents will be prepared by the plaintiff, the higher the likelihood that his claims will be satisfied by the court. In this case, the right of the owner of the apartment to independently dispose of his property is taken into account, therefore, third parties should not create any obstacles for this.
How to make a lawsuit?
Registration of ownership of the apartment gives the citizen numerous rights to this object. But relatives can be discharged from housing only by court if they themselves do not agree to this process. For this, a statement of claim is competently formed. Information must be entered into it:
- name of the court where the claim is transferred;
- F. I.O. of the plaintiff, as well as his contact details;
- information about the defendant, submitted by his F.AND.O., contact information and place of residence;
- the text spells out the reason why citizens are required to be discharged, and it is advisable to leave references to regulations that provide the ability to perform this procedure by force;
- a request is formulated to deregister citizens in an apartment;
- lists all documents attached to the claim;
- at the end the date of the document is indicated.
The statement of claim must be signed by the owner of the premises.
Procedure cost
If the process is carried out voluntarily, then citizens are not required to pay any funds for it. It is enough for the registered person to come to the passport office and fill out the check-out sheet.
It is allowed to use the help of a proxy for these purposes, but he must have a power of attorney certified by a notary.
If a citizen is forcibly issued, then the owner will have to pay a state fee equal to 300 rubles when filing a lawsuit. If you use the services of a lawyer, then the costs of the plaintiff are significantly increased.
Process timeline
Often there are requests on the Internet: “registered in the apartment, but I am not the owner, how quickly can the owner write out of the house”? The procedure usually lasts about four months if you have to go to court. During this period, it is required to file a claim with the owner, collect the necessary documents, and also prove his innocence at the meetings.
If the procedure is performed voluntarily, then the extract takes only one day.
If the court satisfies the claim, the defendants may appeal to challenge such a decision.
Conclusion
The owner of a dwelling may be discharged from the apartment of other persons who are his relatives, but do not have the right to own housing, if there are good reasons for this. If citizens refuse to voluntarily deregister, they will have to go to court with a statement of claim.
For discharge, there must be good reason, therefore, the landlord will have to prepare documents confirming the unlawful behavior on the part of the tenants, their residence in another real estate or their use of actions leading to the destruction of the apartment. Only under such conditions will the court be able to satisfy the claims.