The procedure for operating the living space can be installed on any property in which two or more people live. Depending on the situation, it can be concluded both orally and in writing. The most common example is a contract of employment. If any problems arise in the process of using real estate, then they can be resolved if you file a lawsuit about obstructing the use of residential premises. You can compose it yourself or ask a specialist for help.
general information
In most cases, problems in the operation of living space arise when several families live in the room. For example, relatives with their families when they inherited real estate. The best way out of the situation is to move one of the families. But what if there is no such possibility?
The absence of any arrangements for living in the same house can lead to frequent skirmishes and constant scandals, which over time will only heat up and aggravate the situation. Over time, the usual skirmishes can cause the loss of precious things and money, as well as stabbing.
According to the current legislation, accommodation and disposal of real estate that is used by several owners can be carried out only with the consent of all owners. If disagreements arise between them or they cease to understand their rights, then a housing conflict arises, the consequence of which may even be a family split.
What barriers to using the living room may arise?
If cohabitation becomes unbearable, one of the owners may file a lawsuit to prevent the use of residential premises with the requirement to eliminate all violations. Obstacles mean the following:
- deliberate creation of poor living conditions;
- inconsistent change of locks;
- key theft;
- sharing other people and so on.
It is important to understand here that disagreements between tenants living under the same roof can arise both between the owners and between the tenant and the lessor, if the accommodation is carried out under a social loan agreement. In most cases, one of the parties is the relatives of the employer. This is due to the fact that the termination of family relations is not considered a significant reason for terminating the operation of the premises. In this case, the reason caused by the removal of obstacles to the use of the living room may be the resistance of the tenant for the residence of former family members or their non-admission to the premises.
The process of removing barriers to using a living room
The consideration of any complaints regarding various obstacles to the normal operation of the living space is considered in court at the place of registration of real estate. Moreover, as practice shows, respondents in most cases deny the fact of an obstacle.
Therefore, before starting a trial, it is recommended to prepare evidence confirming the existence of a conflict. Alternatively, it will not be out of place to call the police so that they officially fix the obstacle to access to the living quarters. For greater reliability, it is worth inviting witnesses to this incident so that they are present at the same time and sign the protocol.As for the attempt to gain access by force, it is better to abandon it.
When the application for obstruction of the use of the premises is considered, you will be issued with a decision that the criminal case has been refused. It will also indicate the reason for such a decision, which most often is an obstacle to access to the apartment by a person who has the right to do whatever he wants with him. In addition, the decision will say that there are all legal grounds for starting a trial.
Commencement of trial
An obstacle to the use of the dwelling (Article 304 of the Civil Code, which fully describes all the provisions) is resolved only through legal proceedings. For this, it is necessary to prepare and file a lawsuit with a judicial organization. The court, in turn, may oblige the plaintiff to return the keys to the apartment. In addition, through the court it is also possible to achieve the signing of a separate agreement, according to which the defendant will be required to pay for the communal apartment.
Both the owner of the real estate and his relatives can file a lawsuit about obstructing the use of residential premises. If at the same time no agreement has been concluded between family members, then they have equal rights to use the premises. If a controversial situation arose between employers, then they can appeal to the court both personally, as well as current and former members of his family.
What is required for this?
To do everything right, when preparing a package of necessary documents, it is better to use the services of lawyers. If there is no extra money, then you can try to do everything on your own.
Claims for the removal of obstacles to the use of residential premises can be written both by hand and printed on a computer. They are filled out and submitted in the manner prescribed by law. All documents that will be attached to the lawsuit must be executed in full accordance with the established rules, because otherwise they simply will not be accepted.
Preparatory process
Before making a statement on the removal of obstacles to the use of residential premises, it is necessary to determine the basic requirements:
- indicate the person against whom the lawsuit is filed;
- decide on a court that specializes in resolving disputes regarding obstacles to the operation of residential premises;
- describe in detail and with all the details the current conflict situation with an indication of the specific time and place of the events;
- own requirements must be stated clearly on the principle of cause and effect.
In order for everything to be filled out correctly and accepted by the court for the first time, it is best to use the services of lawyers who are knowledgeable in this matter. They will be able to correctly draw up everything and prepare the necessary evidence with which it will not be difficult to win a trial.
At the same time, it is important to understand that the consideration of complaints about ensuring the unhindered use of obstacles in the living room takes a lot of time and effort, so be prepared to run around pretty much.
Correct filling of the claim
When filling out the application, it is necessary to indicate the following information in it:
- name of the judicial organization in which the dispute resolution process will take place;
- details of the plaintiff and defendant;
- the reason that served as the reason for going to court;
- evidence confirming the illegality of the obstacle to the use of real estate.
You can make a claim yourself or you can seek help from qualified professionals.
Details of the statement of claim
The requirements for the statement of claim are determined by Russian law, according to which its details are as follows:
- name of the district court in which the case will be examined;
- details of the plaintiff and defendant;
- facts of violation of the plaintiff's legal rights, which became the basis for filing a claim.
As regards the last paragraph, the following data should be indicated in it:
- How and under what conditions was the joint use of real estate before a problem situation occurred.
- Does the defendant have other real estate, and is it also registered in it.
- Family composition of both parties.
- Does any of the tenants have an illness? If so, which ones.
- The list of unlawful acts committed against you, which became the reason for the conflict.
You can enter other facts as you see fit. The more information will be provided to the judicial organization, the more chances are that the trial will be won in your favor.
Package of required documents
Removing obstacles to the use of residential premises requires the preparation of the following documents:
- law enforcement order confirming the legality of the grounds for filing a statement of claim;
- written testimonies of witnesses;
- any documents that can confirm the fact of an obstacle to the operation of the premises;
- documents confirming ownership of immovable property;
- extract of the house book;
- document on payment of state duty;
- copies of statements of claim in the right amount.
If the court is not addressed by the owner of the living space, but by members of his family or a person authorized to represent his interests, then a notarized power of attorney will also be required.
It is worth noting that the list of documents is not accurate, and may vary for each specific case. To get more detailed information, you should consult with a lawyer.
State duty and statute of limitations
A contract of claim is a non-normative legal act. Therefore, it will have to pay a state fee, the amount of which is 200 rubles. But during the trial, the person who filed the claim may demand from the defendant to compensate him for all financial losses incurred. Thus, if the case is won by the plaintiff, he will receive this amount as material compensation. The plaintiff has 3 years to file a claim from the moment of official fixing of the obstacle for admission to the immovable property.
Arbitrage practice
As practice shows, in most cases, litigation related to the removal of obstacles to the use of residential premises (while jurisdiction remains), end with the victory of the party that went to court. In this case, the defendant is obliged to give the plaintiff copies of all the keys, and in some cases even forced to conclude a separate agreement, which obliges the defendant to pay half of the utilities.
The claim for the loss of the right to use real estate
There can be a lot of reasons for going to court if the rights to use housing were lost and it was deregistered. The most common among them is the dissolution of the marriage between the spouses, one of whom is the owner of the house, and the other user, the systematic refusal to pay utility bills, as well as the absence for a long time of the tenant or one of the tenants registered in the disputed apartment.
Conclusion
Any conflict arising from the joint use of living space is individual and has certain features that should be considered when solving the problem. A universal solution that would work in all cases does not exist. Therefore, before undertaking anything and going to court, it is recommended to get advice from qualified lawyers specializing in the resolution of these disputes.At the same time, one should not forget that ignorance of one's own rights and a lack of knowledge in the field of Russian legislation can nullify any attempts to independently resolve a conflict situation.
If you are already in a problem situation in which you are being hindered from using a residential property, then you must begin to take measures to resolve the conflict as soon as possible. The first step is to gather more information about the existing problem, backing it up with evidence so that the lawyer can correctly prepare for the trial. This is very important, because the confrontation between the parties in court is based on many laws and paragraphs. This is the only way to significantly increase the chances of winning the case and continue to live normally and unhindered in the apartment.
Today in our country there are a huge number of legal organizations that are ready to provide professional assistance, as well as to draw up a statement of claim correctly. Which one to choose from is a purely individual solution.