How to write out from the apartment is not the owner? Can I get out of the apartment without consent?

It is not always very difficult to write out an apartment not from the owner, but for this it is necessary to apply to the court. Sometimes forced eviction is justified, for example, when a tenant is a danger to property due to the creation of a fire-hazardous situation.

Conditions for the discharge of the tenant from the apartment

1. When the apartment is acquired by the owner personally and before marriage, then during the divorce the legal 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.
2. If the apartment has not been privatized, it is not used for its intended purpose. 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 dissatisfied with a particular person should write grounded statements 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 apply to the court.
3. 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 he does not live in an apartment and has other housing that the court can recognize as permanent and suitable for living.
4. Registration in the apartment occurred after the fact of its privatization 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.
5. 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 registered tenants.
6. To write a minor from 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 and without 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 owner of the apartment, you can when filing a standard application to the court. It is allowed to expel from the premises not only the spouse himself, but 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 impossible to write out one of the spouses who were married at the time of privatization of the apartment, even if the person refuses to participate in the share. If there is no 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 right to carry out any actions with the apartment, for example, sell the apartment or a part of it, or rent it out. However, information that would be read by buyers or tenants should list the information about the registered tenants.

To carry out any actions with the apartment, although an outsider is registered in it, it is very difficult, therefore, housing often loses value from this or is generally unclaimed in the real estate market. It is impossible to achieve the discharge of a relative, only permissions can be used. 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 a wife out of an apartment, then 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 (her) has another living space that meets all the criteria for comfortable living, you can write out of the apartment not living. Only you 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 get out of the 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, 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 application, 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 when the former spouse is discharged, it is necessary to provide a certificate of divorce.

When the ex-spouse arrives at the appointed time at 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, 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 he 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 must independently provide suitable housing for the time prescribed, 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 court process for discharging the tenant from the apartment may not be favorable for the plaintiff.

Limitations in the preparation of an application for discharge

There are certain features that regulate the extract from the apartment for which the privatization procedure has been carried out. If the privatization was carried out by the couple 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, they decided to skip the share for the sake of living, then the court can not decide in favor of their discharge. You can exchange an apartment, but you need the consent of former relatives. Without him, you can not do anything with housing.

There is an opportunity to write out from the apartment not the owner, who was assigned a certain period of stay in prison. He has the right to demand restoration of his right to reside in 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 the buyers.

Extract from a municipal apartment

The municipal apartment is owned by the city administration, which is the landlord 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 a person can be discharged from a municipal apartment.

1. When the employer arranges debauch and commits unlawful acts towards other tenants of a particular apartment. Also, an extract is possible in case of violation of the rights not only of neighbors in the living space, but also of 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.
2. Refusal to pay utility bills. Non-imposition of a fixed or even any amount of money to pay off debts on utility payments can be the reason for the person's discharge from housing. Usually the court, when making a positive decision, obliges in a short time to evict the offender and his family from the apartment. It must be remembered that the law protects other owners from payment of 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

1. 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.
2. The condition of the apartment becomes unsatisfactory because of the deterioration of 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 a complete or partial destruction of the apartment from the illegal actions of the registered tenant.

When living together after a divorce and wanting to register a former spouse, you need to make sure that he (she) has his own 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 the municipal apartment

1. The municipal authority should be notified that one of the tenants allows themselves 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.
2. Drawing up a statement of claim for eviction is sent 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 along with the application.
3. 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 need to be considered before going to court. Often there are additional questions concerning the discharge of a person who has not been in the apartment for a long time. Article 71 of the RF CC regulates that a separate fact of a long absence of a tenant in an apartment will not help to write a person who does not live out of an 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 of utility bills, it should be borne in mind 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 another 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 when they pay their bills in full.

Features of court decisions

Sometimes the fact of non-payment of utility bills is proved, but 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 the availability of aspects that can justify the tenant.

An extract of a person from an apartment that has become his property right under a gift contract

Article 292 of the Civil Code of the Russian Federation regulates the right of the owner, 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:

1. Clause 2 of Article 292 of the Civil Code of the Russian Federation is the basis for the discharge 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 live in the premises.
2. When a spouse gives an apartment while in a marriage, it is possible to write it out of housing only after the divorce took place. This is the subject of article 31 of the LC RF.
3. Exception from the unconditional right of discharge of tenants from the given apartment is presence in it of the people who have not reached majority. The court may allow eviction of children from the apartment, but the condition for this should be the availability of their own housing with comfortable living conditions and the appropriate number of square meters 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, which details the persons who should be deprived of the right to reside in the apartment, as well as the request to remove them from the registration records 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 stated 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 is referred to the district court in order to confirm its 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 a court session occurs, the judge decides to terminate the right of residence in the apartment of a certain person. Usually a decision is quickly made in favor of the applicant, except when an attempt is made to write the minor out of the apartment.

Sometimes difficulties in discharging a person arise in cases where an individual is practically incompetent: for example, a bed-patient or a disabled person who can not take care of himself and has no additional housing. The court may decide to leave such a person living in an apartment. However, such situations are very rare.