Often, residents of one residential building need to discharge a specific citizen from the apartment. The process may be required for various reasons that must be proven by official documents. At the same time, it is important to figure out how to discharge a person from the apartment without his consent or without his presence at all. Often, a process is required to be carried out in respect of a deceased person or citizen in a place of deprivation of liberty. In any situation, the process has certain nuances and features that should be studied by other residents.
What does the law say?
To study the possibility of depriving a person of housing, you need to refer to the Declaration of Human Rights. In Art. 25 of this legislative act states that the home of every person must remain untouchable. But at the same time the basic conditions are listed that allow a person to be discharged from an apartment without his consent to other residents. To do this, there must be compelling conditions proved by official documents.
It is impossible to evict citizens illegally, so the process is carried out only through the courts. In this case, a person should have the opportunity to live in another residential building. The process depends on whether the apartment is private or municipal. In any situation, only the owner of the dwelling can write a person out of the apartment to "nowhere".
For what reasons can the process be performed?
Forced discharge is permitted only if there are appropriate grounds. The main features of this process are listed in Art. 75 of the law on enforcement proceedings and numerous articles of the Civil Code. Discharging a person from an apartment without his consent is allowed only in such situations:
- it is required to demolish the building, because due to numerous negative influences or a long service life, it has come into emergency condition;
- Housing transferred to non-residential fund;
- due to the repair, the area of the living room was changed, which was carried out in violation of different standards, therefore such redevelopment or reconstruction is illegal, which often becomes the reason for the eviction of a citizen from real estate;
- the presence of a significant debt for utilities, and such debt should accumulate for at least six months;
- the tenant regularly inflicts significant damage on residential premises by illegal actions;
- the rights to live in an apartment building are violated, so the neighbors suffer from the behavior of one tenant;
- without the consent of the owner, the tenant subleases the housing for profit;
- a parent who lives in an apartment with a child is deprived of his rights to the baby, so his reason for using this property disappears.
The procedure for forcibly expelling a person from real estate can be carried out exclusively with a court decision. This requires a trial. How to write a registered person out of an apartment? A forced method is applied using several options:
- Further, other comfortable housing is provided to the person;
- a standard apartment is offered in return;
- an extract is made to nowhere.
Homeowners may be discharged without providing other housing. If a person lives in a municipal facility, then it is the municipal authorities that must ensure that they are offered other housing that is optimal for living, and sanitary norms are usually used for this, which require the allocation of 6 square meters per person. m
When can a process be executed without consent?
Without the consent and even the presence of a person, one can expel his home. Usually this is due to the fact that a citizen cannot attend court hearings for various reasons. You can write out a person from the apartment without his consent in the following cases:
- a person is serving in the army;
- is serving a sentence in prison;
- it is revealed that he has a fake registration;
- by a court decision, a citizen is declared missing;
- it turns out that when registering with the dwelling, fictitious documents were used that were passed on to the passport office employees.
Special cases include the process of eviction from cooperative housing. Based on Art. 133 LCD this process can be performed without the permission and consent of the residents. This is due to the fact that they are informed before check-in that housing cannot be offered to them on an ongoing basis.
Citizens statement upon change of ownership
Features of this process are prescribed in Art. 292 Civil Code. How to discharge a person from an apartment under such conditions? The process differs in nuances:
- the new homeowner has the right to deregister all registered persons who may be past owners or just citizens registered in housing;
- an obstacle may be that citizens do not have other housing, and there are no financial opportunities to buy or rent an apartment, therefore, under such conditions, the court can provide a one-year delay;
- minors who do not have other housing can not be discharged without the permission of guardianship until they are 18 years old.
Due to such features, each person planning to purchase real estate must make sure in advance that no citizens are registered in the property. Especially a lot of difficulties arise in the presence of registration of minors, since it is often simply impossible to write them out of real estate.
Can I write a former family member?
The process depends on whether a person has any right with respect to this property. If the former spouse or just a relative acts as a co-owner of the object, then he will not be able to be expelled from the premises.
How to discharge a person from an apartment if he is a former relative? For this, the provisions of Art. 292 Civil Code. If a person independently and voluntarily refused to privatize, then he cannot be driven out of housing.
If, after a divorce, a citizen does not have the right to housing, then he can be discharged by his former spouse. Often, by court decision, the opportunity to live in the facility is provided if a citizen is raising a child. It will not be possible to get a minor out of the apartment without his parents, since under 14 years old the child must live in the same property with his parents.
How to write a rowdy?
If a person spoils property or violates the rights of neighbors, then he is considered a rowdy. How can an owner force a person to leave an apartment under such conditions? To do this, there must be evidence of misconduct. They can be represented by witness statements, videos or photographs of the consequences of unlawful acts.
The discharge process is considered difficult, but if you really prove that the person violates the rights of others, then he can be expelled from the house. If the court takes the side of the plaintiffs, then they receive a decision by which they apply to the FMS to remove the citizen from the register, and then turn to the bailiffs to forcibly expel the person and his property from housing.
Nuances for official housing
Such apartments are provided exclusively for a limited amount of time, which residents must always remember. In Art. 92 LCD prescribes whether it is possible to discharge a person from an apartment belonging to the service fund. This process is considered simple, as it is regulated by an agreement drawn up between the parties.
The following reasons are the basis for eviction:
- the citizen independently makes a decision on the need to leave the living space for various reasons;
- a special agreement is drawn up between the parties;
- the tenant dies;
- it is required to demolish a residential building;
- the room becomes non-residential;
- there is a court decision on compulsory discharge, as the tenant does not pay funds for utilities, violates the rights of neighbors, uses the housing for other purposes, rents it out or destroys it by various actions.
The latter case is considered the most complex and specific, as you have to use the help of the court.
Who will not succeed in driving out?
There are certain citizens who cannot be discharged. These include:
- pensioners;
- disabled persons of the first two groups, but the exception will be the situation if they have received disability in the line of duty;
- Orphans
- relatives of the deceased person who received a residential apartment;
- family members of ATS, Ministry of Emergency Situations or customs employees who die or go missing while serving.
Therefore, before going to court, you should find out whether it is possible to write a person out of the owner’s apartment, since if he belongs to the above categories, then this process will cause difficulties.
How is the process carried out in a privatized apartment?
Such housing belongs to a specific person or several citizens, so they must independently apply to the court. It is possible to write out a person from the apartment without his presence only when performing sequential actions:
- in different ways, residents must notify the citizen that his discharge is planned;
- a statement is being drawn up in court, and it is recommended to use the help of a lawyer to simplify the process, which will allow to state all the circumstances of a particular case in a lawsuit;
- the document is transmitted to the district court at the location of the property;
- documents confirming the existence of grounds for extracting a person, for example, certificate of divorce, an extract from a personal account or other documents are attached to the lawsuit;
- a court session is held where the judge makes a decision;
- if it is decided to write out a citizen, a special order is issued to the plaintiff, with which he must come to the passport office to make appropriate changes to the documentation, after which a specific person is deregistered at a certain place of residence.
Various circumstances affect the decision of the court, for example, the financial capabilities of a citizen, the presence of another tenant, and other features. Can the owner of the apartment write out a person? This process is implemented only through the court, but the decision is not always satisfactory to the plaintiff.
The nuances of discharge from the municipal apartment
Such housing belongs to the state, therefore it is the municipal authorities that must take care of the discharge. How to write a person out of the apartment? The process is performed in sequential steps:
- a complaint is being submitted to the municipal authorities;
- Specialists study the circumstances due to which it is required to evict a citizen;
- further, the municipality itself goes to court if there are important grounds for eviction;
- a lawyer representing the interests of the municipality in court is usually employed.
If, by a court decision, a person is discharged from housing, but does not agree to leave the living space, then he is forcibly expelled by the bailiffs.
Do I need to prescribe the dead?
To reduce the fee for housing services and prevent various difficulties with the sale of property, deceased citizens should be deregistered. How to write a dead person out of an apartment? To do this, you must contact the FMS department with a corresponding statement from the owners or all residents. Only the death certificate applies to him.
How much will it cost to write a dead person out of the apartment? The process is considered simple and fast, as well as free. If the owner of the premises is the municipality, then it is in the local administration that you need to write an application for discharge. If the deceased citizen was a responsible tenant, you will have to draw up a new social security agreement with another tenant of real estate.
Thus, if you look, it’s quite possible to get a person out of the apartment. The process is easily carried out in the case of private or municipal housing, but there must be good reason for this, and also take into account the age of the citizen, his right to an object and other features. Even the owners of the premises may lose their living space if they carry out illegal redevelopment or violate the rights of neighbors.