Eviction from an apartment of an unregistered person who is not the owner: who has the right to evict illegally residing persons and how to write a statement to the district police officer and a claim to expel such citizens from the premises? P

Legal grounds

The owner is free to take measures to free his home from strangers, based on the provisions of civil and housing legislation (Article 85; Article 90 of the Housing Code, Article 292 of the Civil Code).

The reasons for this may be different:

termination of family relationships;
unauthorized entry;
expiration of the temporary registration period for the guest;
owner's desire;
change of owner.

Sometimes the right of use is also terminated in relation to the unregistered owner of the property. This happens if the building is officially recognized as unsafe, unsuitable for further habitation and is planned to be demolished. Or the plot of land on which it stands is seized for the needs of the state.

What legal measures can the owner take?

It is, of course, possible to warn an impudent guest in the spirit of “I’ll throw away the things and change the lock.” There is a high probability that the guest will hear and perceive it as a guide to action. But the homeowner has no right to carry out threats. Otherwise, this is fraught with administrative (Article 19.1 of the Code of Administrative Offences) or even criminal (Article 330 of the Criminal Code) liability.

Even the lack of registration as such is not considered a legal reason for eviction.

Only the following have the right to expel illegal persons:

ships;
police;
bailiffs.

Thus, in case of unauthorized move-in, if the unauthorized tenants have nothing to do with your family, you can call the police. The employees will ask them to present documents: if it turns out that citizens do not have any rights to live in this territory, the law enforcement officers will simply remove them.

In all other cases you will have to go to court.

When is it impossible to evict from an apartment or house?

Special categories of citizens are taken under special protection by the state. In this regard, eviction is not possible in all cases, for example:

minor children. If there is social rent (housing under a warrant), the law currently does not allow the eviction of minor citizens.
maintaining the right of residence. This option is possible if there is a separate agreement with the new owner when selling the apartment or in case of refusal of privatization. Evicting an unregistered person from an apartment can also be problematic in this situation.
owners of the premises. Current legislation provides that one dwelling may be owned by several persons - co-owners. In this regard, for any reason (does not pay utilities, interferes with the residence of other persons, etc.) it is impossible to evict the other co-owner.

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Filing a claim

The application is submitted to the district court at the location of the home. The number of copies depends on the number of people involved. The application states (Article 131 of the Code of Civil Procedure):

date and place of compilation;
full name of the court site;
apartment address;
plaintiff's details;
information about the responding party;
base;
essence of the question;
the point why you believe that the defendant is living in the territory illegally;
links to current legislation;
demand to evict;
applications;
signatures.

In addition to the desire to get rid of uninvited tenants, the applicant has the right to demand compensation for losses incurred by him, for example, damaged finishing of the housing, as well as moral damage.

Documentation

One statement is not enough for business success. The applicant prepares a package of documents:

general civil identity card;
act of the local police officer;
receipts, checks, other documents related to the issue;
state duty check (Article 333.19 Tax Code)

All of them are submitted simultaneously with the application. If any of them is missing, this is a legal reason to refuse to accept the claim (Article 132 of the Code of Civil Procedure). The judge will refuse the claim if he does not consider the initiator’s arguments justified (Article 67 of the Code of Civil Procedure).

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Eviction

If no one challenges the court decision within a month, it comes into force. The case goes into enforcement proceedings. The illegal occupant is once again warned of the need to leave the home in which he has no right to be. If this does not bring him to his senses, the procedure is carried out by bailiffs in the presence of attesting witnesses on the basis of a writ of execution (Federal Law No. 229-FZ, as amended in 2021).

The entire procedure takes up to three months. If new circumstances appear or the defendant deliberately delays the case, maybe more, sometimes even for a year.

Nuances

It is often advised to do this: if an insolent guest leaves, the locks are changed and an iron door is installed. All his things are simultaneously placed on the staircase when he arrives. Even if a person contacts the police, this is unlikely to help in any way, since law enforcement officers will first ask where he lives and make sure that his registration is at a different address. You, in turn, will answer that such people do not live here.

However, this method is applicable only if there is an illegal settlement, and the citizen really does not have any rights to be present in this territory. Moreover, he will have the right to complain about the loss of some of his things or money, if any, and declare his expulsion as illegal.

In any case, if you are faced with just such a case, it is better to first consult with a lawyer. He will tell you what to do and represent your interests in the courtroom. This will significantly reduce the time to resolve the issue and will not allow the issue to drag on.

Court decisions

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Dispute with a housing construction cooperative

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

On your own rake: what nuances should not be forgotten when it comes to the housing issue

FAQ

The ex-wife refuses to move out, citing the fact that she is with the child and no one will kick them out. Is this really true?

If neither your ex-wife nor your child are co-owners of the living space and are not even registered at the address, then it is very easy to evict them. File a claim based on Art. 31 LCD. Attach the document on the termination of the marriage and the decision on alimony, if any. Pay the fee. The requirements will be satisfied. It is illegal to kick them out on your own.

The tenant refused to leave the apartment on time, claiming that he had nowhere to go and no money. Can I just throw his things outside?

It is impossible to take independent measures to remove tenants from your territory, no matter how arrogant they may be. Even if the temporary registration period has expired. This is illegal and threatens at least administrative liability (Article 19.1 of the Administrative Code). If you did not write to the person demanding to leave the premises, do so, and then contact the district court at the location of the living space.

Upon returning from a business trip, it turned out that the apartment was rented out by a neighbor to strangers. How to kick them out?

If you find citizens who have moved in without permission, introduce yourself and demand an explanation from them. Maybe they will leave on their own. If not, call the police. Employees of the Ministry of Internal Affairs will help them find a way out. You can also sue the arrogant “guests” if they damaged household appliances, furniture, interior decoration of the apartment or managed to flood the neighbors. Demand compensation for moral damages. Moreover, you have the right to complain both about those who moved in and about the neighbor who decided to profit.

Procedure for eviction of illegally residing persons from an apartment

The most common method of depriving the right to inhabit is a lawsuit. This act is understood as leaving the living space of a citizen deprived of the right to exist at this address with the personal property and animals of the violator.

Read more: Inventory of assets and liabilities of the organization

The “occupier” of square meters has the following prerogatives:

during the procedural proceedings, the person has the opportunity to present evidence of his rights to the disputed territory;
in case of disagreement with administrative expulsion by the prosecutor's office, a person can appeal it in court.

When purchasing square meters with persons registered in it, the issue is closed only by legal means of obtaining a decision to remove them from registration.

The situation may become more complicated in the following cases:

If a minor child is registered at the purchased address. To avoid such a situation, before completing a purchase and sale transaction, request an official certificate of the absence of a registered child or a certificate from the guardianship authorities. According to the law, a young child must be registered at the place of registration of the mother. And in the event of a child being discharged through litigation, it is necessary to have an act of actual non-residence of this child in this living space.
If the registered person has the right to lifelong use of the apartment. In this case, the evidence will be the reports of the local inspector on violation of the rules of residence and the testimony of neighbors.
When the rooms were privatized by the previous owners, one of the family members signed a waiver of privatization, which gives him the privilege to use the space for life. If you voluntarily refuse to register at the address of the proceedings in a lawsuit, you will need written evidence of his violations of the law, since legal proceedings in this case are a futile exercise.

It is also necessary to note categories of citizens who have their own specific nuances when discharged:

persons deprived of parental rights are subject to deregistration without their consent and additional conditions;
persons sentenced to a term of imprisonment may be discharged if the owner has a conviction; but after release, a person can apply for registration with resettlement or compensation payments from the owner;
conscripts for military service are discharged from their homes and registered at the place of military service according to lists compiled at military registration and enlistment offices; during the absence of a conscript, any real estate transactions are possible; after the end of the service period, the serviceman has no grounds for challenging;
persons considered missing or dead are discharged by decision of justice; even if they appear, a reversal of the procedural decision is impossible; the exception would be evidence of intentional actions of the owner of the square meters directed against the discharged person.

Reasons for deprivation of legal possibility of residence, which will be significant in the proceedings:

Divorce of marriage.
Change of owner of real estate.
According to reasoned justifications of the owner of the object.
Expiration of the lease or rent of square meters.

In these situations, resettlement occurs without the provision of other useful quadrature or compensation from the initiator of the claim. Moreover, only the owner of the property, even those who do not have registration in the disputed territory, can submit an application.

The legal owner can also be evicted from his monastery with compensation in the event of:

the property is located on a plot of land that is being seized by the state;
dilapidated and dilapidated dwellings, officially recognized as such, are subject to demolition.

The conclusion on the deprivation of the owner of real estate is made only by the judicial authority.

Without a verdict, the actions of the authorities responsible for deportation are considered unlawful, and the victim may request compensation for moral damages.

Removal from the area donated to a third party occurs with reference to Article 292 of the Civil Code of the Russian Federation, which makes the donee the sovereign owner of the area. In court, the nuance when evicting other people registered at this address is proof that for justifiable reasons there is nowhere to move. Often the Themis prescribes the possibility of temporary stay for a regulated period, which is usually no more than a year.

When receiving an inheritance in the form of real estate, everyone living in the home up to this point is treated as a person who has lost the right to use the home.

And at the request of the new owner they must be deregistered. But in legal proceedings, a moment often arises, as in the case of a donated apartment, where the option of awarding temporary residence is possible.

To deprive the right to use space in a state house, it is also necessary to initiate litigation. The issue is being considered with reference to Articles 90 and 91 of the RF Housing Code. The evidence base is acts of violations of the law by residents, signed by neighbors. Certificates of debt, copies of notices of the administration’s intentions to refuse the provision of rooms or proposals for voluntary abandonment of an unauthorized occupied quadrature.

If tenants are unwilling to leave their rooms voluntarily, they are also deprived of their rooms by court decision. A local inspector is involved to draw up a protocol to establish the identity of the persons in the premises and their rights to the occupied space.

The eviction of illegally residing citizens from any residential premises on the basis of a court decision is a matter for the bailiff and the police. Their actions are regulated by Article 107 of the legislation on Enforcement Proceedings and the workload standards for bailiffs.

In his work, a justice worker performs the following actions:

Based on the writ of execution, he makes a decision and opens enforcement proceedings, notifying both parties to the conflict.
Performs operations to voluntarily resolve the issue, that is, remove citizens who do not have rights.
If voluntary execution is refused, an enforcement fee is collected from the guilty person.
If the requirements are not met, it proceeds to enforcement actions with the involvement of the police. The presence of two witnesses is required.

The statute of limitations for cases of deprivation of residence rights is 3 years from the date of entry into force of the conclusion. However, the limitation period does not apply if the case is qualified under Article 208 of the Civil Code of the Russian Federation.