Can the owner of an apartment write out a registered relative without his consent: a mother - a son or daughter, and a son-owner - a mother, father or sister, and a grandmother

Can an apartment owner sign out a registered relative?

Theoretically, anyone can be discharged from their living space. But much depends on what rights the initiator of the procedure has to real estate.

In most cases, deregistration occurs through the court. The homeowner can deregister a relative independently, but only if specific conditions are met.

For example, can a mother expel her son or daughter from an apartment without his consent? Depends on whether he is an adult. If not, then to carry out the procedure it is necessary to notify the guardianship authorities.

They check what the future living conditions of the young child will be. And, with good reason, they refuse to discharge the parents. Even if you go to court, this will not solve the problem.

The question of whether parents can expel an adult child from the apartment can be answered positively.

If a child has rights to a share in real estate, it will not be possible to write him out.

Is it possible to register a child in another city without the father’s consent?

A lot of misunderstandings are caused by the loose interpretation of Article 65 of the Family Code, which states that the place of residence of children when parents live separately is established by their agreement.

Based on this norm, FMS employees require the presence of the second parent or notarized consent, especially if the spouses are registered in different places. However, not a single regulatory document contains any indication of the need to somehow prove the consent of the second parent .

In the event that divorced parents cannot come to a common decision on the registration of children, this issue is resolved in court .

Conditions for discharge and legal grounds

Despite a number of restrictions established by law, it is possible to discharge a relative from an apartment.

For example, you can get his consent to be discharged and then there will be no problems. But if the relative does not agree, certain difficulties arise.

A tenant can be discharged from a non-privatized living space only with the help of a court:

he has debts for utilities;
does not live in the living space for a long time;
has his own property;
caused serious damage to property;
violates house rules by disturbing neighbors.

Can a son who owns an apartment expel his mother or father, for example? Or how to expel my sister from my own apartment - the owners are interested.

If the apartment is owned by the initiator of the deregistration, then you can remove a person from the register:

if the spouses divorced;
the owner and tenant lead separate lives;
the relative has his own housing suitable for living.

Without consent, even the owner will not be able to write out:

minor child;
the person involved in inheriting this housing;
dependent relatives;
spouse, if the owner is married to him.

Therefore, it will definitely not be possible to expel a grandmother, elderly mother or grandson from the apartment, because they belong to the category of dependents, unless, of course, they have their own suitable housing.

A more precise list of persons who cannot be discharged can be found in regulatory documents.

The application has been submitted, what next?

There is good communication between the State Services portal and the department, so the application is promptly sent to where it is needed. Now you need to track the status of the application in your personal account or the mobile application of the state portal. As soon as the request is processed, a corresponding notification will appear - it will also be duplicated by email address.

What documents will be needed?

To apply to court regarding an extract, you must have:

social tenancy agreement or real estate order;
lawsuit;
copy of personal account;
papers confirming violations of the rules of residence by the tenant.

Such documents may be the right of ownership of the property in which the defendant permanently resides, complaints from neighbors about his unworthy behavior or a copy of the administrative protocol, etc.

If the owner writes it out, you will need:

documents confirming his ownership;
personal documents;
certificate of payment of the duty;
statement of claim.

Better contact a housing lawyer

When proceedings go to court, it is quite difficult to win the case alone, because you need to have legal training. Our company in Izhevsk will help the owner to forcibly evict the tenant. We have experienced lawyers who provide high chances of eviction of registered citizens.

Lawyers will draw up a correct claim, collect the necessary papers and send them to the court. The lawyer will also represent the client’s interests during court proceedings. The homeowner does not need to waste his time and energy studying the legal framework. All you need to do is come to our company for a consultation, sign an agreement and pick up the court decision after considering the case.

Step-by-step instruction

The entire procedure for discharging a relative from the living space must be followed.

Whatever the reasons for evicting a person, first you need to try not to provoke a conflict. This is called pre-trial settlement.

Pre-trial settlement of the issue

Most often you have to go to court if the housing belongs to the municipality. But before that, you should convince your relative to discharge himself. Then you will not have to go through a lengthy trial procedure.

But if a person refuses, then the initiator of the discharge must collect evidence that he is violating the rules of residence.

It is necessary to contact the municipal authority that owns the apartment with a corresponding application.

If there are compelling reasons for discharge, municipal staff will send the resident a written warning. And only after the recipient ignores the homeowner’s instructions, the initiator of the extract can proceed to the next stage of the procedure.

In this case, it is easier for the owner, since he can write out a relative without his consent by writing an application to the passport office. But apartment owners often have to draw up a statement of claim, for example, when a relative’s housing rights are protected by law.

Jurisdiction

The claim must be filed in the magistrate's court or the court of first instance. It must be located at the place of residence of the plaintiff.

How to draw up a claim correctly

This is a standard document in which the following points must be indicated .

The header of the application contains: the name of the court, data of the plaintiff and defendant.
Next, the grounds are indicated according to which the person should be discharged from the apartment. It is necessary to refer to the current regulations.
Then the plaintiff writes his demands.
Then a list of documents attached to it is indicated.
Date and signature.

A sample statement of claim for the discharge of a relative is available.

State duty

Before filing a claim, you must pay the state fee and attach the receipt to the application. The amount is 200 rubles.

Time frame for resolving the issue

The claim is considered within 5 days. A decision on the case is made within 1 month.

Where can I appeal the decision?

If the decision made does not satisfy either party, the law allows you to appeal to a higher authority.

The ruling of the magistrate's court can be challenged in a court of general jurisdiction, and the court of first instance - in a district or city court.

According to the law, the period for appealing a decision ranges from 10 to a month. If there are objective reasons, missed deadlines can be restored.

It is important to know

It is quite simple to discharge a stranger, but relatives often have special rights to living space. Therefore, the following must be taken into account.

If there is a need to discharge a person who has refused the privatization of property in favor of the right to live in living space, then it is almost impossible to discharge him. The only way out for the parties to the conflict is to exchange the apartment.
It is allowed to unilaterally discharge a person who is in prison or will be there in the near future. But you should know that after returning he can register in the apartment again. And if it is sold, the transaction may be contested.
If the basis for eviction of a person is his prolonged absence from his place of registration (in a municipal apartment), then you need to pay attention to some nuances. For example, the law does not establish a period of absence, so it is problematic to prove anything. This also applies to debts for utilities of a relative, since according to the law it does not matter which of the registered persons pays them. For example, if a spouse does not provide money for the maintenance of property, this is not always grounds for eviction. Therefore, it is better to exchange an apartment or exchange if it belongs to the municipality.
Difficulties may arise if the person being discharged has no other accommodation. That is, he will not be able to register anywhere, so he will not be able to be discharged. In theory, he should be provided with temporary housing, but in practice he has to wait a very long time. Therefore, this issue has to be resolved by the initiator of the eviction.

Donated apartment

Often new owners are faced with the fact that other persons are registered in the donated or inherited apartment. The owner can write them out through the court:

according to Article 292 of the Civil Code of the Russian Federation, if relatives of the donor or testator are registered on the living space.

If the living space was donated by the spouse during the marriage, then the extract can be made after the divorce.

As for minor children, their eviction largely depends on the availability of other housing. If you prove that they will not remain on the street and their living conditions will not worsen, the court may satisfy the claim. But again, you will first have to contact the guardianship authorities and carry out the procedure only with their consent.

To discharge a relative from the living space, you must go through a certain procedure. Much depends on whether the initiator of the extract is the owner of the apartment. Often such controversial situations have to be resolved through the courts.

Eviction of a person without his consent

To kick a person out of your own living space, you need to collect evidence of the need for such an event. Each situation is individual, but in any case the home owner will have to go to court.

The most common reasons for forced deportation are the citizen’s having another place of residence, the need to conclude real estate transactions, receiving social benefits, etc.

Where to go to complete registration actions?

The registration of citizens at their place of residence is carried out by the territorial divisions of the Main Directorate for Migration Issues under the Ministry of Internal Affairs of Russia. Previously, the structure was called the Federal Migration Service. You can contact your local branch directly. An online electronic queue service is available on the official website of the structure.

There are also alternative options:

The passport office of the management company is convenient because they will immediately provide you with a certificate of family composition (or everyone registered in the apartment). You will pick up documents with new registration from the passport officer, without personal presence at the Main Migration Department of the Ministry of Internal Affairs of the Russian Federation.
Multifunctional centers - designed to receive documents for registration. To complete registration actions, you will have to come to the migration department in person at the appointed time. The MFC plays the role of an intermediary between the citizen and the registration authority. The advantages of such an application include additional verification of the package of documents by MFC employees and the absence of a queue.
The Government Services website will require you to register on the portal with a login and password. Receiving them will take some time for those who contact one of the authorized structures for identifying personal data. After activating your account, you will fill out the necessary documents electronically and receive an invitation to the registration authority within three working days. You will be given a date and time to appear by email. Registering a child through State Services is the fastest way to register a change of residence. On one day you receive two stamps in your passport about deregistration and registration at a new address. Minors will be registered in new housing together with legal representatives of their interests.

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