Today we have to find out how the registered person is evicted from the apartment. Not the owner - this is important. Indeed, in solving such housing problems, property right plays an important role. What can citizens registered in housing claim to be? When can they be evicted and on what grounds?
The concept of registration
Registration is the assignment of a particular housing to a citizen. In Russia, registration must be with all people staying in the country for more than 90 days. This applies to both Russian citizens and foreigners.
Registration is temporary and permanent. In the first case, registration indicates a temporary housing of a citizen, in the second - permanent. Also, temporary registration offers a person less rights.
Rights for temporary registration
What exactly is it about? Eviction from the apartment of a registered person (not the owner) in the presence of temporary registration is carried out without much difficulty. But before you decide this issue, you need to understand what rights the tenant has.
In the case of a temporary residence permit, a citizen can hope for the following possibilities:
- residence on the territory of a particular housing allotted time;
- you need to pay utility bills;
- to protect the rights and interests in housing matters.
As a rule, temporary registration quite often causes a lot of problems to homeowners. Especially when it comes to residents with newborns. But more on that later. To begin with, it remains to be seen what offers the population a permanent residence permit.
Registration: tenant rights
The thing is that registration of a citizen implies endowing tenants with different opportunities. They depend on the type of registration. In general, registration is not much different. The rights and obligations prescribed in housing are approximately the same.
In the case of permanent residence, a person can hope for:
- living in an apartment is unlimited;
- protection of housing freedoms, interests and rights in the RF Housing LCD;
- participation in privatization (if the apartment is state or municipal).
In addition, a citizen must pay utility bills in full. As you can see, a permanent residence permit allows people living in the territory to participate in privatization.
Does everyone have a share in the apartment?
The human rights registered in the apartment are already known. Residents can live in a particular territory, enjoy all the benefits of housing in order to ensure livelihoods. At the same time, the rights and freedoms of other citizens must be respected. So, for example, it is forbidden to disturb peace at night.
Can registered citizens always get a share in one or another housing? Not. For this, property must be non-privatized, and residents must have a permanent registration.
This means that one should not be afraid that tenants will be able to seize a share from the landlord. This is simply not possible. Therefore, you can register citizens without any fear.
Registration of children
The only thing you should pay attention to is that if the issue of registration concerns minor children, then the owner may have problems in the future. For example, if the owner decides to sell the apartment.
The problem is that all people registered in housing have the right to register their minor children with them.Eviction in this situation will be carried out with the participation of guardianship authorities. The child cannot be discharged to anywhere, parents will have to offer new housing. Otherwise, someone else's minor will keep a residence permit in the apartment. Buyers prefer not to mess with such property.
Eviction grounds
Eviction from the apartment of a registered person (not the owner) is carried out only if there are some reasons for this. There are a lot of them.
For example, in Russia the following cases are most often encountered:
- misuse of housing;
- damage to property;
- inappropriate behavior of a tenant (dangerous, inappropriate);
- disrespect for the interests and rights of other residents;
- registration expiration date;
- the desire of the owner of the apartment to get rid of extra people;
- illegal behavior of residents;
- failure to fulfill the terms of the contract with the owner of the housing (if any);
- utility bills.
All this is the reason why a person can be evicted from the apartment. What are the scenarios?
Eviction Methods
Eviction from a communal apartment, as well as from an ordinary one, takes place on one or another basis. The legislation of the Russian Federation prohibits depriving a person of the only housing. But with the previously listed features, a citizen will have to leave the apartment.
Eviction is divided into several types. Namely:
- voluntary;
- peaceful;
- forced.
In the first case, the residents themselves leave the apartment, changing the registration. In the second, the owner agrees to evict amicably. Forced eviction means forcing a person to vacate a house in court.
Before going to court, the owner must first invite tenants to leave their homes voluntarily. All requests are desirable to fix. They will help to prove attempts at a peaceful settlement of the issue.
Features with non-privatized housing
Illegal eviction from an apartment in Russia is quite common. That is why citizens are trying to study this issue as best as possible.
Forced eviction from a municipal apartment has some features. As already mentioned, it is impossible to deprive people of a single roof over their heads without reason. It is necessary to indicate the presence of certain grounds for the implementation of ideas in life.
In the case of municipal housing, eviction is carried out for the following reasons:
- the presence of a living debt on utility bills;
- violation of the housing legislation of the country;
- recognition of an emergency apartment;
- plans for the reconstruction of housing or its repair, not allowing citizens to stay during work in the apartment.
All these grounds are sufficient for the eviction of the registered person (not the owner) from the apartment. At the same time, it will be necessary to take into account that the city administration is obliged to provide people with new housing.
No new housing
Nevertheless, sometimes there are cases in which eviction from a municipal apartment does not provide for a new apartment. This is a rare occurrence, but it still takes place.
So, the municipality can evict a person without providing him with new housing, if:
- the conditions under which the apartment was provided for use have changed;
- tenants committed serious legal violations;
- the end of the period for which the state allocated housing has come.
The decision to evict from an apartment without providing new housing is made only in court. The judicial authorities will study all the materials of the case, the arguments of the plaintiffs and defendants, after which they will tell you how to proceed.
Procedure
How does the eviction of a registered person (not the owner) from the apartment? What needs to be done to translate ideas into reality?
The owner of the premises must adhere to the following algorithm of actions:
- Invite residents to leave the premises voluntarily.These attempts, as already mentioned, must be recorded.
- Collect documents proving certain violations.
- Prepare a package of papers required for filing a statement of claim.
- Write a lawsuit in which there will be a detailed description of the situation.
- Apply to the court with all prepared papers.
- At the appointed time to participate in the hearing.
- Get a court decision in your hands and act according to it.
Important: sometimes the consent of the homeowner to evict citizens is not required. Most often, such a scenario takes place if those living in the apartment violate the interests and rights of other residents.
About Documents
Now we proceed to the most important stage - the collection of documents. She will need to pay a lot of attention. After all, the plaintiff will have to prove his case.
Do you plan to file a lawsuit? Eviction from the apartment may be made after the owner of the premises has provided the following papers:
- passport (or other identification card);
- certificate of ownership of the apartment;
- extracts from the Unified State Register;
- certificates of family composition;
- extract from the personal account of the apartment;
- evidence of violations of the RF LC or the impossibility of further residence together with a person in the same territory.
In fact, it all depends on the reason for the appeal. It is difficult to name an exact list of documents. But the papers offered to attention are without fail provided to the court.
Cheating and scammers
Now in Russia, the so-called black realtors are actively working. These are scammers who are trying to take over someone else's housing. After that, any person can be registered in the apartment and even sell residential property.
Black realtors work without any contracts. Therefore, it is almost impossible to evict such people from an apartment and regain their home.
Now many unscrupulous realtors are registered in apartments with socially disadvantaged families. Then they pay off all debts and offer to buy good housing profitably. One apartment / house is shown, and a completely different property is acquired during the transaction. This option is bad because all the actions of realtors are legal - families themselves sign the contract of sale. It’s almost impossible to prove fraud. Therefore, write out realtors and regain housing will not work.
Former family members
Quite often, in practice, the spouse is required to be evicted from the apartment. If we are talking about the current family member, then getting rid of him is not so easy. There must be good reason for this.
But former family members (mother-in-law, father-in-law, spouses) are much easier to write out. It is enough to attach to the documents listed above:
- divorce certificate;
- documents indicating an interruption of relationship with a person;
- Payments in the name of the homeowner;
- testimony of witnesses;
- extracts from the Rosreestr, indicating that the former relative has a different home.
In some cases, the owner of the apartment is required to provide the former relative with new housing. Such a decision is also taken only by court. It takes place only in relation to alimento-liable citizens.
Summary
Now it’s clear how you can file a lawsuit. Eviction from an apartment is a matter that is often resolved in court. The features of this process are already known to us. Therefore, you can easily translate the idea into reality.
It should be noted that if underage children participate in the process, then the probability of losing the plaintiff increases. Guardianship authorities protect the interests of minors and do not allow them to be written out to nowhere.
You can select registration in the apartment when changing the owner of the home. This is another reason that allows you to get rid of excess tenants. It is proposed to act in this case according to the previously proposed algorithm. Depriving a residence permit is not so simple.