The lawsuit to withdraw from the registration. Sample of statement of claim and procedure for removing from registration

Previously, in Russia, a vital component was a propiska. Now this procedure was replaced by the so-called registration of a citizen at the place of residence. The significance of the component has not changed. Registration must be for every resident of the country. It is necessary for a huge number of goals. For example, to receive social support from the state or medical care. Nevertheless, sometimes there are cases in which it is required to carry out the removal from the registration. For example, if a citizen decided to change his place of residence. It is not always possible to carry out the procedure without difficulty. In a number of cases it is necessary to enforce tenants from apartments. For this, an action is filed for the removal from the registration account. His sample will be presented later. In addition, it is necessary to understand when it is possible and it is impossible to forcibly remove people from registration in this or that housing. What should every citizen of the Russian Federation pay attention to?

Registration and registration

In Russia it is now customary to distinguish several variants of population registration. There is a registration and registration. In fact, as already said, this is the same thing. But for the time being, the first term means the citizen's account in a permanent place of residence. In fact, a person is assigned the right to reside in a particular apartment.

The term "registration" in Russia is most often applied to temporary residence permits. Unlike a permanent, a citizen is granted the right to use a certain dwelling temporarily.

The lawsuit for removal from the registry is often filed in case of problems with the discharge of a citizen from a permanent place of residence. What should every resident of the country know about registration?

On the rules of registration

As already mentioned, registration and registration are extremely important components of the life of the population. According to the established laws, in Russia each citizen is subject to registration. Otherwise, he is considered homeless.

The primary registration of the child is carried out at the place of residence of one of the parents. The same goes for registration.

When you leave your old place of residence, you must register at the new address within a week. Otherwise, the person will have to pay a fine in the established amounts and correct the violation.

Foreign citizens must also register on the territory of the country. Often they are allowed about 90 days to be in the Russian Federation without a propiska. Further, a person is either expelled from the state, or he makes a registration. Most often it is a question of a temporary residence permit.

It is these registration rules that the population must observe. There is nothing difficult or special in this. In general, the procedure of registration does not take much time. But the extract sometimes makes you think.

De-registration options

To date, there are several options for the removal of a citizen from registration for a particular place of residence. The following situations are considered:

1. Due to a new residence permit. The rules of registration in Russia at the place of residence indicate that a person has the right to be registered in one dwelling. If you change your place of residence, you will need to register.
2. Withdraw from the register without re-registration. Actual for cases with prisoners or military. Or when a citizen is going to a permanent residence in another country.
3. Registration with obtaining a temporary residence permit.

In addition, removal from the registration account can proceed in different ways. An extract can be:

• Voluntary;
• Compulsory (in court).

In the first case, the citizen himself applies to the FMS with a corresponding request. And in the second one will have to file a lawsuit to remove one or another person from the registration records. It is important to understand that simply so to write out a citizen from a permanent place of residence will not work.

Grounds for trial

When can I put the idea into practice? To write a person out of an apartment is forcibly offered only under certain circumstances. The grounds are spelled out at the legislative level.

The statement of claim to remove the tenant from the registration will be made in the following cases:

• When it comes to a missing citizen;
• If a person is judged by death to be dead;
• Recognition of documents used for registration, invalid;
• With the loss of tenure rights.

In practice, it is the latter variant of the development of events that is most often encountered. Therefore, it is recommended to consider it in more detail. Otherwise, the claim for removal from the registration can be rejected.

Loss of rights to reside

One can not deny the fact that the Housing Code of the Russian Federation indicates a number of cases in which it is possible to evict a person from a home. Under what circumstances will the claim of the established model be considered in court?

The loss of rights to a residence permit in an apartment occurs when:

1. Realization of housing by the owner. For example, a person sold an apartment. Then all citizens registered in the territory are discharged.
2. Passage of the apartment according to the will, gift or inheritance to another owner. In practice, it does not occur very often.
3. Lose family ties with the owner of the home. There are situations when spouses are divorced and the husband / wife is required to evict from premarital real estate.
4. Termination of the contract of social employment. Also very rare case.
5. Situations when housing was not used by destination. Say, as a working office.
6. Refusals to return the apartment to its original appearance after illegal repairs and other changes. The redevelopment here is in the lead.
7. Rough violations of the rules for the use of housing leads to the fact that the owner of the premises and even other residents have the right to file a claim for eviction of a negligent resident. Usually implies actions that entail a threat to other people. Either negligent attitude to housing.
8. Violation of the rights, freedoms and interests of neighbors. With constant complaints, say, to noise or perpetual repairs, tenants have the right to file a statement of claim to remove from the registration record noisy. In practice, such cases occur, but not too often.
9. Untimely payment of accommodation. It's about a rented apartment.
10. Destruction of the dwelling, which is rented by a person.
11. Long-term absence of a citizen at the place of permanent residence. If the owner or any other registered person does not stay in the place where he is registered for about a year, does not pay for communal services (his share), he is allowed to register in court.

It is recommended to solve all issues without trial from the start. Otherwise, you need to prepare for the trial.

Who acts as a plaintiff

It is important to know who has the right to file a suit to evict a person from the apartment. Not everyone has such an opportunity.

In Russia, you can act as an applicant:

• Owners of the property in question;
• city administration;
• Neighbors whose rights and interests are grossly violated.

If it is a question of people without property rights to an apartment, then the application for removal from the registration records requires justification of actions. As already mentioned, it is not easy to evict a citizen. From its territory, only the owner has the right to write out anyone.

Documents for the court

An important nuance is the collection of papers required to file a claim. Documents for removal from the registration are various. They depend on the reason for the discharge.

Most often it is necessary to provide:

• A statement of the established pattern of eviction of a citizen;
• Identity card of the plaintiff;
• Documents on property rights to real estate;
• Certificate-grounds for discharge (certificate of death, divorce, recognition of missing persons, and so on);
• Evidence of certain violations of residence (for example, unpaid receipts and testimonies);
• An extract from the BTI indicating all the persons registered on the territory and a personal account.

All listed papers are provided with copies. In the claim, the person who is planned to be evicted forcibly is indicated as the defendant.

After the trial

As soon as the claim of the owner for the removal from the registration of one or another resident is filed, you should just wait. Within 5-10 days the judicial authorities will fix the date of the meeting. On it, by studying all the evidence and denials, a decision will be made on eviction. What's next?

What is the procedure for removing a person from the enrollment account forcibly? It is necessary:

1. Apply to the court and get a decision, according to which the extract is recognized as legal.
2. Write an application for the removal of a person from registration at the place of residence.
3. Collect a certain list of documents (about it will be told later) and attach to the request. It is advisable to make copies in advance.
4. With the application and the collected package of papers, apply to the migration service of the district where the housing is located. A court decision is necessarily attached.
5. Wait for a while.

Everything is not as difficult as it seems. The most difficult is to obtain a judicial decision. But as soon as it will be at the owner of the apartment, you can quickly write a careless tenant from the territory.

Documents for the migration service

What papers will be required after the satisfaction of the claim for the implementation of the task? The evicted person has the right not to appear in the FMS - the owner of the housing himself must deal with making changes to the registered persons.

You will need to bring:

• Documents on ownership of the apartment;
• Judicial decision;
• The passport of the owner;
• Application for de-registration.

If the citizen himself is discharged by a court decision, he can fill out the arrival and departure cards. Nothing more is needed.

Sample of claim

And what does the sample of the claim for removal of the tenant from the registration look like? Its exact form can not be established. After all, the main part will change depending on the circumstances of the case. Nevertheless, the claim template, presented below, is suitable for most cases.

The application to the court may look something like this:

"I, Ivanov Ivan Ivanovich, own a half of a two-room apartment located at the address: Moscow, Radishchev Street, house 5, apartment 7. Another half of the property belongs to my mother, Ivanova Ekaterina Andreevna.

In this dwelling on May 1, 2008 the following are registered:

• Ivanov Ivan Ivanovich, I;
• Melnikova Arina Dmitrievna, my ex-wife.

On July 7, 2007, I divorced Melnikova A. Since then she refuses to leave my home. I ask you to extract the ex-wife in court. Documents on property rights are attached. "