How to write out from the apartment is not the owner? Can I get out of the apartment without consent?
To write out from the apartment not the owner is not alwaysit is very difficult, but for this it is necessary to apply to the court. Sometimes forced eviction is justified, for example, when a tenant presents a danger to property due to the creation of a fire-hazardous situation.
Conditions for the discharge of the tenant from the apartment
- When an apartment is purchased by the owner personallyand before marriage, the divorce lawful spouse no longer has the right to live in this room. Article 31 of the LC RF indicates that if the eviction is refused, the court will decide on the compulsory leaving of the living space.
- If the apartment has not been privatized, thennot used as intended. Under Article 91 of the LC RF, this is damage to property or illegal actions in relation to neighbors. Such tenants can easily be evicted, but first those tenants who are unhappy with a particular person should write a reasonable statement on the tenant, in which they explain clearly the requirements for him. A warning is sent to his name, which usually does not have any effect. Once the tenant receives the notice, you can go to court.
- In the absence of a person in the apartment for a long time. This aspect is valid only if the tenant does not pay taxes, while not living in an apartment and has another housing that the court can recognize as permanent and suitable for living.
- Registration in the apartment occurred after the fact of herprivatization by the last owner. The owner of the apartment has the right to easily write out of the apartment not the owner. However, this possibility does not apply to minors, since their extract is prohibited by law. Only in exceptional cases it is possible to write a child out of the apartment.
- When the apartment is received by the owner as a gift or according to the will, if in it at the time of receipt were the registered tenants.
- To write a minor out of an apartment is possible only if he, together with a legal guardian, lives on another living space.
Extract of a spouse without his consent from a privatized apartment
Usually this action can be carried out quickly andwithout significant labor costs. There is a set of rules governing the discharge of one of the spouses from the apartment if the living space was privatized by one of them before the official registration in the registry office.
Write a spouse who is not the ownerapartments, you can when filing a standard application to the court. It is allowed to expel from the premises not only the spouse himself, but also all members of his family. This aspect is regulated by Article 31 of the RF LC, which answers the question: how can I write out of the apartment.
It is not possible to write out one of the spouses whowere married at the time of privatization of the apartment, even if the person refused to participate in the share. In the absence of participation in privatization, the spouse has no right to dispose of specific property, but can live indoors for an unlimited amount of time. This is the answer to the question whether the owner of the apartment can write the former spouse.
The owner of the apartment has the rightmake any action with the apartment, for example, sell the apartment or part of it, and rent it out. However, in the information to be read by buyers or tenants, information on registered residents should be listed.
To carry out any actions with the apartment,that in it the extraneous person is registered, it is very difficult, therefore the habitation often from it loses the price or in general appears not demanded in the market of the real estate. It is impossible to achieve the discharge of a relative, and only persuasion is allowed. It is not always possible to write out any person from a privatized apartment.
Conditions for the discharge of the spouse
If there was a question how to write out a wife fromapartments, you need to take into account that such an opportunity appears in the absence of a spouse in an apartment or refusal to pay taxes. And this factor does not matter if the tenant contributed at least part of the amount required of him. When at the same time he (she) has another living space that meets all the criteria for a comfortable stay, you can write out of the apartment not living. Only need to remember that the tenant has the right to provide information that will justify his (her) non-payment of utility payments, and sometimes the court in such cases issues a payment in installments. This fact should be taken into account when trying to find out whether an apartment owner can write a person out.
Algorithm of actions for the discharge of the tenant from the privatized apartment
To find out whether it is possible to write out an apartment,you need to go to court. First, a claim is formed, which describes the need for the tenant to stop the right to use the apartment. Separately, it is necessary to mention the fact of eviction and removal from the registry. If you need to evict a former family member, then you need to make a separate statement. This paper is served in court, to which the living space is ranked by district. To make a competent statement of claim, you need to analyze all your wishes and describe why a tenant deserves eviction.
In the district court it is necessary to carry not only the statement,but also to produce documents for the apartment. They include a contract-basis and confirmation that the owner is a specific person. All the faults committed by the tenant must be documented and be attached to the application. This is the fact of the arrears in municipal payments, the existing applications for improper handling of property, and at the time of the discharge of the former spouse it is necessary to provide a certificate of divorce.
When the former spouse comes at the appointed timeto the court session, the applicant automatically wins in this process. If the former spouse does not attend the court building, the process can last for years, since the case will be periodically postponed.
Unexpected court decision
When a judge makes a decision to discharge a person,then he has the right to analyze his financial situation. If the representative of the court finds that the money is not enough for the person being drafted, and at the same time there is no suitable living space, then it can oblige former relatives to leave the tenant in the apartment for a certain time. This should be taken into account when the question arises: can they be discharged from the apartment?
Sometimes the court decides that the applicant mustindependently to provide a suitable housing for being discharged for a time, to which the court gave that postponement of the execution of the decision. All court decisions must be enforced in strict compliance with legal requirements, therefore, in some cases, the process of issuing a tenant from an apartment may not be favorable for the plaintiff.
Limitations in the preparation of an application for discharge
There are certain features,regulating the extract from the apartment, for which the privatization procedure was carried out. If the privatization was carried out by the spouses together, and in this process the relatives of the former spouse took part, it is impossible to write out of the apartment not the owner. If they refused to share in the apartment, that is, decided to skip the share for the sake of residence, then the court can not decide in favor of their discharge. You can exchange an apartment, but you will need the consent of former relatives. Without him, you can not do anything with housing.
There is a possibility to write out of the apartment notowner, who was assigned a certain period of stay in prison. He has the right to demand restoration of his right to reside on the living space when he returns from the place of deprivation of liberty. During this time, the owners can sell the apartment, but then the transaction will be considered invalid, and you will have to return the money to buyers.
Extract from a municipal apartment
The municipal property is ownedadministration of the city, which is the lessor for people who have rights to this living space. The employer is any person registered in this apartment. To evict those tenants who create certain inconveniences or have lost the rights to an apartment, it is necessary to be guided by Article 91 of the LC RF.
There are several reasons why an individual is allowed to leave the municipal apartment.
- When the employer arranges a rowdy and commitsillegal actions in relation to other tenants of a particular apartment. Also, an extract is possible in violation of the rights not only of neighbors in the living space, but also in the entrance. These aspects should be documented, otherwise there will be no confirmation that there is an excuse to discharge from the apartment without the consent of the employer.
- Refusal to pay utility bills. Failure to pay a fixed or even any amount of money to pay off the arrears of utility bills can be the reason for the person's discharge from the dwelling. Usually the court, when making a positive decision, obliges in a short time to evict the offender and his family from the apartment. It should be remembered that the law protects other owners from paying utility bills that are not assigned to them, so no one can oblige to pay other people's debts.
Secondary reasons for going to court
- The use of their own living space is not for its intended purpose, but use for commercial or other purposes that are contrary to the law.
- The condition of the apartment becomesunsatisfactory because of damage to the housing from the actions of the person being discharged. This factor is especially taken into account by the court in the presence of applications from tenants or their certificates. The most important aspect is the threat of full or partial destruction of the apartment from the illegal actions of the registered tenant.
When living together after a divorce and desireTo write out the former spouse it is necessary to make sure that he (she) has his own living space, living space. If there is none, then, without providing a new home to the former spouse, you will not be able to get out of the apartment without consent.
Algorithm of actions for an extract from a municipal apartment
- The municipal authority should be notified that,that someone from the tenants can afford to spoil the general condition of the apartment before an application is submitted to the court. This organization forms a warning and sends it to the name of the tenant. This aspect is prescribed in Article 91 of the LC RF.
- Drawing up a claim for evictionshall be forwarded to the district court by the applicant himself or his legal representative. All documents relating to the real estate and the tenants of the tenant must be provided together with the application.
- Before the meeting, the court conducts a special investigation, during which the legitimacy of the charges is clarified, and then the date of the meeting is appointed.
Difficulties at discharge
There are certain features that you needaccount before going to court. Often there are additional questions regarding the discharge of a person who has not been in the apartment for a long time. Article 71 of the RF LC regulates that a separate fact of a long absence of a tenant in an apartment will not help to write out a person who does not live from the apartment. Article 72 proposes a legitimate solution to this situation: the right to compulsory exchange of municipal housing should be used. It is also very difficult to write a child out of a municipal apartment.
If there is no proven fact of non-payment bymunicipal payments, you need to take into account that this aspect is also not an excuse for a person's discharge. When personal accounts are divided, the fact of non-payment is obvious. And if one of the relatives regularly pays for the apartment, and the other person refuses, then this does not give him the right to write it out, since all the registered people have the right to live in an apartment with full payment of bills.
Features of court decisions
Sometimes the fact of non-payment of utility billsis proved, however, the court releases a person from responsibility for this. This course of events is possible if one of the tenants does not pay for the apartment, which is argued for lack of income, and this can be explained by health problems or the need to care for a close relative. A woman is released for some time from the obligation to pay utility bills if she is raising a small child.
Therefore, when trying to write a person on the fact of non-payment of utility bills for the apartment, you need to check whether there are aspects that can justify the tenant.
Extracting a person from an apartment that has become his property right under a gift contract
Article 292 of the Civil Code regulates the rightowner, to whom the apartment was donated, to write out of it all people without their consent. This procedure is carried out through the court, subject to a certain algorithm of actions.
Possible situations are:
- Paragraph 2 of Article 292 of the Civil Code of the Russian Federation is the basis forextracts of all previous tenants, since the fact of transfer of property on the basis of the gift agreement automatically deprives all registered residents of the right to reside indoors.
- When the spouse gives an apartment while in a marriage, it is possible to write it out of housing only after the divorce took place. This article is narrated by Article 31 of the LC RF.
- An exception to the unconditional right of an extracttenants from the given apartment is the presence in it of people who have not reached adulthood. The court may allow eviction of children from the apartment, but the condition for this must be the availability of their own housing with comfortable living conditions and the appropriate number of square meters that are counted for them.
Algorithm of actions for eviction from an apartment that has been transferred under a gift agreement
A statement of claim is drawn up in whichdetails are listed persons who must be deprived of the right to reside in the apartment, as well as a request for their removal from the registration in a particular housing. The application must be sent to the district court. It is necessary to compile it competently, so that the court immediately made a positive decision. If the facts are incorrectly indicated or an incomplete set of documents is provided, it is possible that the statement will have to be drawn up again, or any important points will be missed.
Together with the gift agreement, the application isdistrict court to confirm his right to inherit the apartment. Also, a document is needed that confirms the registration of ownership at the state level. If necessary, a certificate of divorce is provided.
Features of the court session
When there is a court session, the judgedecides on the termination of the right to reside in the apartment of a certain person. Usually the decision is quickly made in favor of the applicant, except when an attempt is made to write a minor out of the apartment.
Sometimes difficulties in discharging a person arise inthose cases when an individual is practically incapacitated: for example, a bed-patient or disabled person who can not take care of himself and has no additional housing. The court may decide to leave such a person to live in an apartment. However, such situations are very rare.