Eviction of the former owner of the apartment

14

There are often cases when one person is the owner of a residential premises, and a completely different person lives in it. The reasons are different: someone rented out an apartment, the ex-spouse occupies the living space and does not want to move out, there are situations when a residential property is seized.

In cases where illegally residing citizens do not agree to leave the premises at the request of the owner, they have to be evicted by court.

Is it possible to evict a person from a privatized apartment if he is registered there?

Yes, you can. If the tenant is only registered, but is not the owner, it is much easier to evict than if he owned the premises. But there are also precedents for the eviction of apartment owners.

Of course, eviction occurs differently in different situations. In some cases, evicting a non-owner will not be difficult, in others you will have to put in a lot of effort and spend a lot of time in order to achieve what you want.

The most difficult is the eviction of the following categories of persons:

• minor children;
• incompetent citizens (if their incompetence is recognized by the court);
• disabled people.

How can you evict someone who is not the owner of a residential property in various situations?

From a privatized apartment

The simplest option for eviction is the expulsion of a registered, but not the owner, tenant from a privatized apartment after he has lost the right to live in it.

However, the law prohibits deregistration of a family member of the owner of the apartment, for example, if the spouses have stopped running a household together, that is, they have actually separated, but the marriage has not been dissolved, it will not be possible to evict the non-owner spouse.

When the owner of the property changes

There are situations when the residential premises are sold, the owner has changed, but the tenants who occupied the residential premises before its sale remain registered in the apartment, for example, relatives of the former owner of the square meters or his tenants. In this case, deregistration and eviction of tenants by the new owner occurs without any particular difficulties.

Without agreement

Neither the apartment owner himself, nor the police, nor any other authorities other than the judiciary, have the right to evict a citizen without his consent. In such situations, eviction is possible only after a court decision, and, in especially severe cases, with the involvement of the SSP.

For debts

In this case, everything will depend on the debt itself.

1. If a residential property was purchased on credit or with a mortgage, then if the loan payment is late for a long time, the credit institution has the right to initiate the eviction of the debtor through the court.
2. If the debt on utility bills (more than six months), then the owner of the residential premises cannot be evicted, but if it is not the owner who is in debt, but his tenant, then eviction is possible.

For example, the Kalinovs entered into a rental agreement with citizen Nefedov, who is the owner of a two-room apartment, and they also temporarily registered in this residential premises. The agreement stated that the spouses would make all utility payments independently.

After some time, Nefedov received a summons to appear in court regarding the management company’s claim for repayment of utility debt. He visited his tenants and demanded payment receipts from them to prove in court that there was no debt, but it turned out that the Kalinovs did not pay their bills, postponing payments until “later.” Nefedov, in the presence of two witnesses, demanded that the Kalinovs leave the premises within two weeks and deregister. The latter refused to move out, since the lease agreement had not yet expired.

Since Nefedov was unable to provide any evidence in court that there was no utility debt, the court ordered him to pay the debt to the Management Company until it is fully repaid.

In turn, Nefedov filed a claim for debt collection from the Kalinov spouses; the second demand was the forced eviction of the spouses from the apartment they occupied.

The court decided to satisfy Nefedov's claims in full.

How to evict from a house without trial

There are two ways to evict an unwanted tenant without involving the judiciary: voluntarily and with the involvement of the executive branch (police).

Voluntary eviction

The fastest way, which does not require any material or moral costs. The law specifies that any eviction must begin with this method. What needs to be done to evict an unwanted tenant without involving third parties?

The apartment owner must draw up a written demand and deliver it to the tenant (either by sending it by mail with a notification, or by handing it in person against signature). The requirement is arbitrary, in your own words, but you should maintain a business style, excluding any offensive definitions or any slang.

In the request, the owner must indicate the following:

• on what basis does he require the residents to leave the living space;
• within what period he must move out;
• date of compilation and signature of the owner.

If the unregistered tenant refuses to comply with this requirement, the document will become evidence of the homeowner’s attempt to resolve the dispute out of court.

With the help of police officers

If the tenant does not heed your request, you have the right to seek help from law enforcement officers. It cannot be said that this method is a panacea, because no police officer has the right to forcibly expel your tenant from the apartment without a court decision.

The maximum that they can do is to draw up a protocol on the offense and have a conversation with the offender that he has no right to stay in the apartment. In particularly difficult situations, when a tenant is rowdy, threatens your safety or damages your property, police officers can temporarily remove him from the apartment, but no one can prevent him from returning again.

The owner of the apartment, as mentioned above, cannot block access to the residential premises to a tenant if his belongings remain there by changing the lock or in another way. And he can’t throw away other people’s things either. In this case, the tenant will be able to contact the police with a complaint that you are illegally keeping his things.

In any case, written appeals to law enforcement agencies will also subsequently become evidence of an attempt to pre-trial resolve the conflict.

In what cases can you evict, grounds for eviction

The grounds for eviction of a non-owner of residential premises are different, but they are all combined into one group: the tenant, for various reasons, loses the right to reside in this residential premises, for example:

• debt for housing and communal services for more than six months;
• antisocial behavior of the resident;
• long-term actual residence in another place;
• expiration of the contract;
• relocation of parents (in case of eviction of a minor);
• the living space is in disrepair;
• inappropriate use of housing;
• transfer of residential premises to another owner (sale of an apartment or transfer of it to the state or municipality);
• dissolution of marriage with the owner of the living space.

For example, Olga and Nikolai Kasyanov entered into a marriage union and the wife moved to live with her husband in his two-room apartment from her communal apartment. Three years later, the couple divorced, but Olga did not want to return to her room and continued to live in her ex-husband’s apartment, citing the fact that she was registered there.

Nikolai, after much persuasion, was forced to go to court with a claim to recognize his ex-wife as having lost the right to reside in his apartment.

The court, having considered all the materials of the case, came to the conclusion that the defendant received the right to live in the plaintiff’s apartment after marriage, but after its dissolution this right was lost. The claim was satisfied in full.

Grounds and conditions

In order for the court to decide to expel unregistered persons from an apartment, the plaintiff (the owner or the municipality) will need to prove that they have no reason to use the apartment.

If these conditions are not met by the tenants, then you can go to court and evict them, without the need to provide other housing or reimburse them for any material expenses.

Example. The sole owner of the apartment with all amenities, 68-year-old citizen Borisova N.V., in 2010 allowed her daughter Gavrilova I.K. and her husband Gavrilov V.B. to live with her. They ran a joint household, their daughter and son-in-law paid utilities and purchased food. However, neither he nor she were registered in the apartment, since they did not consider it necessary to check out of their own municipal apartment with stove heating, so as not to lose the right to it. In 2021 Gavrilova I.K. died as a result of an accident. After the death of his wife, Gavrilov V.B. began to abuse alcohol and bring drunken groups home. At the request of Borisova N.V. to move out - he refused, citing the fact that the apartment in which he was registered had no amenities and he would not be comfortable living there.

The pensioner repeatedly appealed to the local police officer, but he was also unable to influence Gavrilov’s decision to move out, although he repeatedly drew up protocols against him for bringing him to administrative responsibility.

Then Borisova N.V. filed a statement of claim in court, collected the necessary documents (including on bringing to administrative responsibility) and presented witnesses (neighbors) who confirmed Gavrilov’s immoral lifestyle. Based on the court decision, the bailiffs ensured the eviction of Borisova’s former son-in-law from her apartment.

In cases where housing is recognized as unsafe and is subject to destruction or the land on which it is located will be turned over to the benefit of the state, then only the owner or tenant (under a social tenancy agreement) is required to provide other housing or compensate for its cost.

Who can and cannot be evicted from an apartment even through court

In each specific case, only the court can decide whether to evict the defendant from the premises or not. The judge bases his decision on the available evidence provided by the parties.

A certain category of citizens, even if they are not the owners of the residential premises, cannot be evicted under any circumstances, these are:

1. Citizens who refused to privatize the residential premises in which they are registered in favor of the owner. Such persons have the right to stay in residential premises until the end of their days.
2. Minor children who are not owners or co-owners of residential premises, but are registered in it. They cannot be evicted to “nowhere”, that is, if they do not have alternative housing, the court will never order eviction.
3. Disabled people of the first and second groups cannot be evicted without providing alternative housing.
4. Single mothers with minor children also cannot be evicted without providing other housing.

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How to evict a person from an apartment if he is registered in it without his consent

If a citizen who needs to be evicted (for any reason) does not agree to move out, then eviction is possible only through the court. In this case, the owner of the apartment or house is obliged to prove that the resident has lost the right to reside in his possession.

The procedure for eviction through court is quite complex; it is necessary to take into account many nuances and follow a certain algorithm.

Jurisdiction

The first thing you need to decide is the jurisdiction of the case. Eviction claims are heard by city or district courts at the place of registration of the defendant. Since the defendant is registered in the residential premises from which the plaintiff intends to evict him, then, accordingly, the claim must be filed in court at the location of the residential premises.

Step-by-step instruction

Having decided on jurisdiction, we move on. So, step by step:

1. Sending a written notice to the tenant about the need to leave the residential premises he occupies. If the tenant ignores the owner’s demand, then a judicial solution to the problem remains.
2. Drawing up a statement of claim and collecting the necessary documents.
3. Payment of state duty.
4. Preparation of documents in a single package with the statement of claim.
5. Transfer of the claim and the documents attached to it to the court office.
6. Participation in all court hearings.
7. Receipt of a court decision that has entered into force.
8. Execution of a court decision (deregistration and eviction of tenants). If necessary, you can connect the SSP at this stage.

Notice of eviction from an apartment

We found out that the first step to evict an unwanted tenant should be a notification (alert) about eviction from a residential premises with a mandatory period during which the citizen must deregister and leave the premises. Sending such a notice is the responsibility of the apartment owner who intends to evict an unwanted person, otherwise the court will not accept the claim for consideration.

Lawyers do not recommend notifying unwanted tenants orally; the court will not regard oral notification as evidence. The notification must be sent by registered mail with acknowledgment of receipt, the second copy must be kept by the owner of the apartment.

If it is not possible to notify the tenant in this way (he may not go to the post office for a letter or may not allow the postman into the apartment), then the owner of the property must try to deliver the notification personally in the presence of witnesses. As a last resort, you can notify him orally, but in the presence of at least two witnesses who can subsequently confirm this fact in court.

Sample eviction notice

List of documents for the court

Before filing a claim in court, the plaintiff must collect an impressive package of documents, namely:

1. Any title document for residential premises.
2. Receipt for payment of state duty.
3. Utility bills.
4. Certificate of divorce in case of eviction of the former spouse.
5. If available, police reports on the defendant’s violation of public order.
6. Second copy of the eviction notice.
7. An inspection report of the residential premises and an independent expert’s opinion on damage to the residential premises. These documents are necessary in cases where the plaintiff intends to evict the defendant because the latter has rendered the housing uninhabitable.
8. Some other documents.

Photocopies of the above documents are attached to the claim (except for the receipt for payment of the state duty, it is submitted in the original). The number of copies is determined by the number of parties participating in the process.

State duty

The state fee for a claim for deregistration and eviction is 300 rubles. This amount is determined by law for all non-property claims.

Time limits for consideration of a claim

30 days after the filing of the claim, preliminary hearings on the case are held in court. The judge invites the parties to enter into a settlement agreement, and if the plaintiff and defendant come to a consensus, it is drawn up and signed directly at the court hearing. This is the most time-efficient trial.

But the signing of a settlement agreement does not happen in every case; more often than not, if the matter comes to court, the parties do not intend to stop and give in to each other. Therefore, at the preliminary hearing, the court sets a date for the main hearing, usually one month after the first hearing. There the case is considered on its merits and a court decision is made.

After the court’s verdict, the defendant (or plaintiff, if he does not agree with the court decision) is given a month to prepare and appeal the court’s decision. If the appeal does not occur, the court clerk prepares a writ of execution, which may take two to three weeks.

In total, the legal process from filing a claim to receiving a writ of execution can last from two to three months, unless, of course, one of the parties delays the process.

Delaying the legal process is a fairly common practice in cases where the defendant understands that he will lose in court, but he needs time to find alternative housing.

How to evict an unregistered citizen

The circumstances under which a citizen moved into an apartment that does not belong to him may be different, for example:

• relatives arrived for a couple of weeks and stayed, their further presence is undesirable, but they do not want to leave voluntarily;
• an adult son brought his girlfriend into the apartment, who liked living with you so much that she decided to stay, but her presence causes you a lot of problems, she has no intention of leaving;
• acquaintances from another city asked to stay with you until they find rented housing, but the search for an apartment took too long;
• other similar situations.

If the owner of the apartment intends to get rid of such unwanted tenants, then they can be evicted with the help of the district police officer. An oral, but preferably written, appeal will be sufficient for a representative of law enforcement to respond to your complaint and take action.

Of course, it is better to avoid such situations; in order to be on the safe side and to protect against unwanted tenants in the future, the owner must know a few simple rules:

1. Guests can stay in the residential premises at the invitation of other residents until 23-00; further stay must be agreed with the owner of the apartment. For example, if a friend comes to visit your daughter, she can stay overnight only with your consent, of course, provided that you, and not your daughter, are the owner of the apartment.
2. There is no need to hand over the keys to your living space to strangers, even if you know them well. You may allow them to spend the night for one night, but they may regard this as an invitation to long-term or permanent residence.
3. You cannot give written permission to register in your residential premises for an indefinite period of time. As a last resort, you can give permission for temporary registration, having previously agreed on all living conditions, preferably in writing.
4. If you allow a stranger temporarily living in your home to pay for utilities, be prepared for the fact that you will face certain difficulties if you are evicted.
5. If any conflicts arise, you have every reason to call law enforcement agencies who will help you expel the unwanted guest from your apartment or house.
6. You also have the right to demand that any citizen who is not registered in your residential premises leave it immediately, if necessary, turning to the local police officer or the police department for help.

Claim for eviction from an apartment of a registered person who is not the owner (sample)

Sample statement of claim for eviction from a privatized apartment of a registered non-owner

In the statement of claim, the plaintiff must indicate the following information:

1. Details of the judicial authority to which the claim is filed.
2. Personal information of the plaintiff and defendant.
3. Information about third parties involved in the process, for example, the name of the guardianship and trusteeship authority when evicting a minor.
4. The essence of going to court (Statement of claim for deregistration and eviction of a citizen ________).
5. A list of the plaintiff's actions to resolve the problem peacefully.
6. A list of the grounds on which the plaintiff demands to evict the defendant.
7. Evidence that the defendant has lost the right to use housing.
8. Demand to de-register and evict the defendant from the living space he occupies. In this paragraph it is necessary to list those legal acts on the basis of which the plaintiff demands eviction.
9. Numbered list of attached documents.
10. Date and signature.

Court decisions

The apartment does not meet sanitary requirements

Dispute with a housing construction cooperative

How to protect property rights after divorce

How to peacefully resolve housing issues

Unwanted neighbor: how to defend your rights to an apartment?

My housing: what to do if they try to kick you out of your apartment

Features of filing a claim for eviction:

Ex-spouse

Situations often occur when one of the spouses, after registering the marriage, moves into the apartment of the other spouse, who is the owner. in this case, after the divorce, the non-owner of the residential premises ceases to be a member of the owner’s family and loses the right to reside in this residential premises.

But, often, they lose the right, but don’t want to move out. In such cases, the second spouse must act strictly according to the algorithm described above.

And only if the pre-trial actions of the apartment owner did not bring the desired result and the ex-spouse still does not intend to evict, the owner has the right to a judicial solution to the problem.

In this case, in the statement of claim the plaintiff must indicate:

• the grounds on which the defendant was registered in the residential premises;
• during what period the plaintiff and defendant lived together;
• the reasons that led to the divorce;
• the plaintiff’s actions to resolve the problem pre-trial;
• response actions/inaction of the defendant.

Minor child

The court considers claims for the eviction of minors in a special manner and with the mandatory presence in the process of a representative of the guardianship and trusteeship authorities. Claims for eviction of children can be of two types:

1. With the provision of alternative living quarters.
2. Without providing new housing.

It is mandatory to provide new housing when a minor is evicted in cases where eviction occurs:

• from public housing for any reason;
• families of those killed in the line of duty or military duty;
• orphans;
• due to any illegal transactions with residential premises;
• in case of deprivation of parents of a minor of their parental rights.

Without the provision of alternative housing, it is possible to evict a minor in cases where:

• the rental period for the residential premises has expired;
• the owner plans to sell the apartment;
• parents or guardians have an alternative place of residence;
• if the housing from which the minor is evicted is completely unsuitable for living in it.

Where will they be expelled?

Finding a new place of residence in cases where the tenant is not the owner of the apartment and lives in it without registration is the concern of the evicted person. The owner of the residential premises is not obliged to look for alternative housing for the tenant and, moreover, is not obliged to pay him any material compensation for leaving the premises.

In some cases, it would still be better for the owner to try to find a new home for his tenant. For example, he behaves normally, but tearfully asks to postpone the eviction, since he cannot find another apartment. This “suspended” state, when the tenant does not seem to refuse to move out, but the eviction process is constantly postponed due to the lack of other housing, can last for more than one month. In this case, the apartment owner can himself find several options for alternative housing and offer them to the tenant to choose from, setting the condition for him that he either chooses one of the options or immediately moves out.

Procedure for the plaintiff after a positive court decision

The procedure for eviction after a court hearing and a positive decision for the plaintiff is as follows:

1. Obtaining a court decision. Occurs after the court verdict comes into force.
2. Contact the Federal Migration Service at the location of the residential premises. You must write an application, to which you must attach a package of documents, including: title documents for the residential premises;
3. a court decision that has entered into legal force;
4. a copy of the apartment owner's passport.

Under no circumstances should you try to evict a tenant from the disputed housing on your own, no matter how much you would like him to vacate the premises as quickly as possible. Only authorized services - the SSP and the police - can use force. It must be remembered that if the plaintiff independently tries to expel the intruder from the apartment, he can easily turn from a plaintiff into a defendant or accused.

For example, plaintiff Korobov, having received a court decision to evict his tenant Mikhailov, immediately went to the apartment and demanded that the latter urgently leave the premises. At the same time, he tried to throw the tenant’s things and household appliances from the fifth floor balcony, as a result, some of the things were damaged, the household appliances were broken, and the defendant suffered a broken arm when a scuffle broke out between him and the plaintiff.

Mikhailov obtained testimony from neighbors, took a certificate from the emergency room about beatings and a broken arm, and conducted an independent examination of the value of damaged and broken things. Then he filed a lawsuit against Korobov for compensation for moral, physical and material damage, which he successfully won.

In the event that the defendant decides not to wait for forceful methods, but decides to obey the court decision, he will only need to visit the FMS and fill out a departure form, and then leave the premises.

Arbitrage practice

In judicial practice on the eviction of non-owners from residential premises, there are various precedents, but the following can be called common to all lawsuits:

1. The court most often resorts to such an extreme measure as forced eviction only if there is a malicious violation on the part of the defendant and when irrefutable evidence of his guilt is provided.
2. Eviction of minors is kept to a minimum, firstly, because such eviction, especially without the provision of alternative housing, will not be allowed by the guardianship authorities, and, secondly, the court especially carefully considers lawsuits that affect the interests of the child.

Let's summarize.

1. The court will allow forced eviction only if there is irrefutable evidence and compelling reasons for eviction.
2. The eviction process is possible only by court decision.
3. If the defendant refuses to comply with the decision to evict, the plaintiff has the right to resort to the help of bailiffs.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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