As practice shows, such a procedure, clearly defined in legislative acts, is sometimes difficult, "with a creak" embodied in reality. It is about introducing into a dwelling. I must say that its order is regulated by several codes at once: Housing, Family, Civil. The articles of these acts, the provisions of the social contract of employment regulate all relations between objects and subjects of the right to such a move. How to plan this event under the law, what citizens need to know about, we will describe further.
What it is?
First, we introduce the fundamental concept.
Introducing a dwelling is a complete provision of the possibility of unhindered entry into this room, safe subsequent residence within it.
If the introduction took place legally, then the fact of it, officially executed, creates the whole complex of legal grounds for the use of relying on housing rights.
It is possible to deprive a citizen of such powers only in one way - through legal eviction.
Emergence of law
The right to move into a dwelling follows from the following:
- The conclusion of the transaction (for example, sale).
- Administrative acts on the part of state authorities, the judicial system, and local self-government.
- The fact of membership in the LCD or HBC.
- The onset of events defined by law that lead to the emergence of the right to move into a dwelling.
Protection of rights
The legislation protects the rights of citizens to move into premises intended for housing. This is done by the following methods:
- Recognition of the right to move citizens into a dwelling.
- Suppression of actions, actions leading to the violation of such a right.
- Non-application by the court, both in whole and in part of an act that has less force, opposed to another legal act that has more power.
- Changes in legal relations, which directly or indirectly can lead to the termination of the right to move citizens into a dwelling.
Base Documentation
Now we will examine in detail the following question. What is the basis for the introduction of a dwelling? In the Russian Federation, these are the following documents:
- Proof of ownership, privatization of the premises.
- Order. This is a sufficient document to move into the living room. However, it is not stored by the citizen himself, but by the passportist at the location of the dwelling. Citizens have only a house book, a corresponding stamp in an identity document (for example, in a civil passport). The document was relevant in Soviet times. Although there is no mention of a warrant in the modern LCD of the Russian Federation, it is currently recognized as valid in Russia.
- Judicial decisions.
- Contracts for the sale, lease of a particular premises.
- Contracts for the gratuitous use of housing.
- Contracts for temporary residence in this room.
- Lifetime maintenance and dependency contracts.
- Sub-lease (or sublease) agreements.
- Testamentary agreement.
- Certain statements from owners of premises, members of their family, or employers (tenants).
- Documents confirming membership in the LCD or HBC.
- Acts issued by the registry office: on the birth, adoption or registration of marriage.
- Documentation of kinship.
- Paper on the entry into the right of inheritance.
Filing a lawsuit
We reviewed all the valid documents, the basis for the introduction of a residential building. How to realize this right in life? Legally, you can even crack the door of an apartment. If it comes to instilling minors, then you can contact the police station for help.
If such measures are not enough, other owners of the premises, other residents actively oppose the lawful infiltration, it is necessary to file a suit to move into a residential building. First he goes to court, then to the MTP.
Where can a lawsuit be filed? In the municipal court at the location of the residential premises. The following must be indicated in the application:
- F. I. O. claimants, defendants, their addresses.
- The essence of the lawsuit. Without emotions - try to state only the facts. As a rule, judges love that each fact in the lawsuit also has documentary evidence.
- Describe your violated rights, the actions of persons who impede their implementation.
- Refer to articles from the Codes, provisions from documents that provide you with the right to move into a dwelling.
- Take care of the appendices to the claim, which can confirm the information contained in it. They are receipts, audio recordings, photographs, video frames.
- Do not forget to mention the material, moral costs that were caused, directly or directly. violation of your rights. In their confirmation, enclose receipts, receipts and other documentation.
Case in court
Such cases, as a rule, are subject to jurisdiction of the district courts at the place of residence, finding a dwelling that turned out to be a stumbling block. If there are good reasons, then the case may be considered in court at the place of residence of the plaintiff. These reasons may include the following:
- Severe disease, pathology, trauma.
- Care for minors, incapacitated, elderly citizens, disabled people.
Disputes regarding the introduction of premises are considered by the district court for a maximum of 2 months. But if the defendant obstructs the consideration of the case, the procedure may be extended to a longer period.
You can accelerate it with your own, but only legitimate actions. For example, breaking the door is allowed. But to destroy the defendant’s furniture, inflict physical injuries on him, and act while intoxicated - no.
As for the state duty for filing a lawsuit, here it is standard - 200 rubles.
Coercive event
As for the compulsory introduction into the owner’s living quarters, it is carried out with the help of bailiffs of the SSP and in the presence of witnesses. Police may also be involved in the procedure.
If after this event other residents or owners begin to obstruct the newcomer, then the procedure for forcible entry into the premises is repeated. Only with the imposition of a monetary fine on the persons hindering it.
But such support is only a small part of upholding the right to move. Next, the new tenant will have to act independently - to seek the possibility of importing his furniture and installing it, to take care of the safety of his belongings, to plan how to use the common kitchen, bathroom with the defendants, and get the keys to the locks from them.
Claim Features
Other owners or tenants may appeal the fact of the forced introduction of a new neighbor in court. As for the newcomer, he should know the following:
- He can move into a room not only alone. If he acquired the whole housing or some part of it, he received this premises as a result of privatization. exchange, purchase and sale, donation, inheritance of property, acquisition of it through the court, the citizen has the right to live with other persons. However, the fact of the acquisition of housing or its share must be confirmed by relevant agreements, certificates of registration, notarial deeds.
- Sufficient grounds for inspiration (including compulsory) are lease agreements, rental of premises, receiving it for free use, a document on dependency and maintenance.
- Remember that the fact of registration at any address is not a sufficient reason to move into this room. A residence permit does not entail the obligation of a citizen to reside at any address. Registration in the Russian Federation is more informative, rather than obligatory.
- As for the temporary residents, they move in only for up to 6 months. They can’t do it on their own - only at the request of the owner or tenant. At the end of the maximum (or other period specified in the application) period, they must leave the premises.
- The owner of the premises can inspire citizens into his apartment of his own free will. The employer - only with the full consent of all legal residents, with the exception of minor teenagers and children.
- As for the illegally evicted relatives of the first category, by law they have every right to forcibly resettle. At the same time, the calculation of the acceptable square of the room for those living in it does not matter here.
- As for other relatives, other persons, upon their illegal eviction from housing, these citizens need to prove that they lived in it as members of a family. But if such family relations were terminated by the homeowner himself, he has the full legal right to evict such persons from the apartment.
- Citizens who are not members of the owner’s family can only be recognized by the court as his relatives. Former wives, husbands have the right to live in the apartment of their ex-spouse for some time. The duration of this period shall be determined by the court.
- The landlord has every right to prevent the new tenant from entering the premises if this fact leads to a decrease in living space by one living below the established norm.
Possession
Regardless of the size of the share, its owners have the right to break open the doors to access the property that has become joint, to barricade themselves from other owners (according to the Civil Code). They should not put up any obstacles for the owner of the share, even if he disposes of only a few squares of housing.
This absurd claim can be eliminated by filing a lawsuit recognizing a minority’s stake. The owner of a larger share, when deciding the case in his favor, redeems his smaller share from the other owner.
If the shares are significant, that is, they occupy at least one room, then by court decision it is possible to divide the apartment.
There is one more nuance. If the owner of an insignificant share has no other housing, then he has every reason to move into his squares.
To the municipal apartment
Keys are issued immediately after signing the contract of employment. It should be noted that tenants here move in strictly according to the list specified in the contract. It follows that for the introduction of subsequent residents, the consent of all those citizens who have settled in the apartment before them is required.
Claims are filed if one of the legal tenants has been evicted. But only as a family member by court order. If a citizen is absent for a long time in a municipal apartment, this does not lead to a basis for his eviction.
Exceptional Cases
Consider the exceptional cases of the occupancy of the premises of the owner and other persons:
- Minors. Children of tenants move in unconditionally at the request of their parents.
- By order. According to such documents, Soviet citizens moved in. But the orders are still valid. Today they have been replaced by employment contracts.
- According to the social security agreement. The presence of this document is sufficient for unconditional introduction.
As we have seen, the introduction can lead to serious problems. Especially if there are several owners in the room, other tenants are already there. We examined ways to solve problems that may arise on this basis, documents that are the basis for introduction.