Today we will learn how to write and file a lawsuit to evict a citizen. That is, we understand how a person is forced to leave the living area. This issue is increasingly worrying citizens, in principle, like any other topic regarding real estate. Under what conditions can a lawsuit be filed for deregistration? How to do it? Where to apply with this application? Features and nuances of compulsory discharge will be presented later. They will help to understand when you have every right to get rid of unwanted residents.
Grounds
According to the Constitution of the Russian Federation, no one can leave a person without housing. But here it is possible to deregister forcibly under certain circumstances. If there are good reasons, you can draw up a statement of eviction, and then wait for the meeting and an appropriate decision. But under what circumstances should one hope for success? Here are the grounds for contacting the appropriate authorities:
- Former family members may be evicted by court order. These include spouses, children and parents of the husband / wife. An important point in this case is the fact that the property must be premarital.
- If a person is registered in one place, but for a long time lives in another. But a successful resolution of the issue can be expected only when a citizen does not pay his share of utility bills.
- When using municipal housing for other purposes.
- Deprivation of parental rights may serve as the basis for discharge of negligent parents.
- When there is a registration received after privatization. In this case, the homeowner has the right to obtain discharge through the court.
- Violation of the rules of living in an apartment (damage to property, deviant behavior) and the anxiety of neighbors are also a strong argument for discharge.
Sometimes, someone is registered in the apartment you donated. The landlord has the full right to draw up a statement of eviction and deregistration of such a tenant, and then demand the release of new housing.
In principle, these are all the main points that must be taken into account. Please note that a minor child cannot be discharged in court. Have to wait for his coming of age. So be careful when registering someone in your apartment.
Where to go?
The next question that a plaintiff raises is: where to go with a lawsuit. Who will handle the eviction case? The fact is that if you mistreat your application is canceled. As a result, there will be no significant result. You will have to look for a place where to apply, and re-write a statement of claim for eviction from the premises, applying a certain list of documents, and then wait.
Cases involving eviction or discharge of citizens are handled by the district court. This is where you have to turn. Gather all the necessary documents, and then take the application to the court of the area where your apartment is located. It usually takes about 2 months to review a case.
Collection of documents
What do you need if you want to file a statement of eviction? To do this is not as difficult as it seems. Despite the fact that the trial itself may be delayed, it can be started without any problems.
To appeal to a district court, file a lawsuit about the eviction and discharge of a citizen. You can also apply to the magistrate's court at the place of residence, since there is no significant difference between the organizations.Next, you will have to show evidence that you have the right to a forced discharge. And of course, show documentary evidence of the relationship to the apartment in question. Thus, you will have to attach the following papers to the executed application:
- your civil passport;
- divorce certificate (if you evict ex-spouses);
- extract from the Unified State Register;
- Marriage certificate;
- extract from the BTI;
- birth certificates of children;
- extract from the house book;
- documents confirming ownership of housing.
That's not all. There was one important nuance, without which it would not be possible to translate plans into reality.
National tax
It is about paying a state fee. The fact is that this payment is mandatory. Without it, a statement of eviction (or any other) has no effect - your claim will simply not be considered.
Therefore, before submitting to the court the collected package of documents, pay the state fee. Take proof of payment with you. For example, a receipt for payment or a check.
How much should I pay to the state treasury for filing an eviction lawsuit? At the moment, this process will take you only 300 rubles. You must transfer this amount to the court for filing an eviction lawsuit. Once you have confirmation of the payment made, you can go with the collected list of documents to the judiciary.
Sample
But how to write a statement of claim for eviction from the apartment? The sample that will be presented below is only a general template. You will need to indicate all the circumstances in which the housing was purchased, as well as the reason for removing the person from the register in the home. The lawsuit is as follows:
“I (your initials), living and registered at the address (your registration), have purchased housing on the basis of (document-basis: sales contract, gift certificate, etc.) and have been its owner from the date of (date). With my consent, they were registered here (registered citizens with registration dates). In response to my offer of voluntary eviction, the respondent (s) refused (describe the circumstances in which you proposed the eviction). The presence of their registration gives me inconvenience (describe the reason for discharge). Please remove it (them) from the registration in my apartment at the specified address on the basis of the established legislation. The date and signature are put at the end. ”
Now you know how to draw up a statement of eviction. But these are not all the features. What else is worth paying attention to?
Non-residential premises
Sometimes it is necessary to evict non-residential premises. In this case, you have to apply to the arbitration court. It is he who will help solve the problem.
What information is indicated when they make a statement of claim for eviction from non-residential premises? Mandatory provide:
- information about the owner of the area;
- address of the premises;
- data and information on non-residential premises;
- grounds for satisfaction of the claim (with evidence);
- documents confirming ownership of the territory;
- any papers that indicate the fulfillment by the plaintiff of pre-trial orders.
The rest of the process is no different from applying to the magistrate / district court. Perhaps these are all the nuances relating to this topic. Now it’s clear how eviction and deregistration are made.
