Grounds for filing a lawsuit

Every citizen living in Russia is required to have a residence permit. It may be temporary or permanent, depending on the circumstances.

A reason is required for deregistration. Most often this is a move, the discharge of a former spouse after a divorce, or the removal of encumbrances from a newly purchased property.

There are frequent cases of fictitious registration for employment in another city. It is better to resolve the issue of discharge without going to court, but the participants in the process do not always agree to an amicable settlement.

The right to deregister is acquired with the consent of the other party or on the basis of a court decision. Forced cancellation of registration at the place of residence is possible in the following situations:

• divorce of spouses;
• impressive debt for housing and communal services;
• gross violations of public order rules;
• misbehavior;
• the person poses a threat to society (placed in a psychiatric hospital or in prison);
• the citizen is not the owner of the apartment and has been living at a different address for a long time;
• the property has officially transferred to another owner;
• the living space is not used for its intended purpose;
• military service;
• death of a resident.

A person can be the full owner of a residential premises or live in it under a social tenancy agreement, but have no grounds for a forced procedure for deregistering a tenant.

By registering a tenant, the owners are protected by law from the fact that the registered tenant may then demand his share of the property. However, the homeowner does not have the right to immediately delete a person from the house register.

Who can be deregistered?

It is much more difficult to remove disabled relatives and dependents from registration than strangers. The nuances depend not only on the availability of grounds for discharge. The type of housing is of great importance: municipal or privatized. A number of persons can be deprived of their registration solely with their consent:

1. Citizens registered in the living space before its privatization.
2. Minors, unless another place for registration is provided.
3. A person who does not have another home and will be deprived of his place of residence after deregistration. In court it will be necessary to prove that the citizen has a place to live.
4. You cannot register a husband or wife if the property was acquired during the marriage.
5. The ban is imposed on close relatives and persons receiving financial support.

Even if relatives disturb the owner’s peace, discharge is possible only with their official consent.

Application for opening a case in court

An application for opening a case in court related to the forced eviction of a person differs from the usual form. First of all, this is due to the fact that the plaintiff applies for the restoration of his rights and at the same time asks to terminate the property claims of a citizen who does not want to voluntarily vacate the living space that does not legally belong to him.

The form with which the requesting party can apply to the court must contain:

• the name of the judicial authority and its territorial affiliation;
• address and passport details of the plaintiff;
• details of the defendant to whom the claims are being made;
• a detailed description of the problem;
• references to current articles of laws, government regulations and the Housing Code of the Russian Federation, which, in the plaintiff’s opinion, were violated by the defendant.

Read also: How to apply for alimony during marriage?

At the end of a written appeal to government agencies, it is imperative to include a list of documents on the basis of which judges will be able to make a legal decision.

A sample statement of claim, where the owner of the residential premises asks to evict and deregister his ex-wife, is presented in the photo. In other situations, the petition can be written by analogy.

Due to the fact that drawing up such a document requires certain knowledge in jurisprudence, most citizens of our country entrust the resolution of issues to specialists in housing law. If a person gives the right to someone else to file a claim instead of himself, then this requires notarization.

It should be noted that in the case when a claim is filed regarding the discharge of a mother with a child, especially a minor, the court makes a decision in favor of the latter. This happens for the reason that children until they reach the age of 18 are guaranteed the right to maintain living space. A court verdict may indicate the plaintiff’s obligations to the young citizen, which most often relate to the payment of compensation for the square meters of area due to him based on shares.

It is important to remember that the procedure for filing a claim involves paying a fee.

Which court should I go to?

Jurisdiction of the case is determined by the place of ownership. The decision is made by a judge of the local government agency in the territory where the property is located. This remains the case even if some or all of the parties involved live in other regions of the country.

Later, the citizen can contact the MFC branch at his place of residence or send documents for the procedure by mail. When the process is completed, the discharged person receives a stamp in his passport indicating his deregistration and a departure slip.

Procedure for drawing up a statement of claim

To file a claim, you must follow the established procedure. It is required not only to correctly draw up a statement of claim, but also to collect the necessary package of documentation.

The pre-trial moment is also important. The plaintiff can send a letter to the defendant asking him to sign out voluntarily or make his claims orally. The fact that a person has not compromised will be evidenced by the testimony of other persons or a written letter.

To resolve the issue in court, a clear algorithm of actions is provided:

1. Write a statement of claim on a special form. It contains information about the owner, tenant and the object of the dispute. The document is drawn up in at least three copies (depending on the number of participants in the process).
2. Collect documents (originals and copies). Prepare certificates and extracts that confirm that the property belongs to the plaintiff and serve as the basis for filing a claim.
3. Notify the other party that a lawsuit is being prepared. There is no way around the possibility of settling the issue before trial. The citizen must present a document that there were attempts to resolve the issue “amicably”, but they were not successful.
4. Pay the state fee for the claim.
5. Submit a claim with a package of documents to the office of the district court at the address of the disputed property.
6. The judge accepts the statement of claim for proceedings. Within five working days, the state executive must decide whether to accept or reject the case.
7. If the judge decides that there is no basis, there is insufficient evidence, there are not enough documents, or there are errors in drawing up the claim, the consideration will be denied.
8. A court hearing may take place in several stages if there are many participants in the case. The judge must listen to all the parties' arguments. If the plaintiff does not appear at the hearing, the issue will be dealt with without him.
9. A decision is made. If it is positive, then the plaintiff will receive a document with which he can deregister another citizen without his consent.
10. After the decision on deregistration is made, the owner (plaintiff) contacts any department to change the data in the house register and extract the defendant: Main Department of Migration of the Ministry of Internal Affairs of the Russian Federation, MFC, passport office of the EIRTs.

From October 1, 2021, it is the responsibility of the plaintiff to notify all participants in the process about the launch of the statement of claim, in accordance with Article No. 132, paragraph No. 6 of the Code of Civil Procedure of the Russian Federation.

Statement of claim to the court for the removal of the former owners from the apartment

Use the address of the defendants to indicate the address of the apartment from which you want to remove the former owners. This is necessary for the court to send them subpoenas (Article 113 of the Code of Civil Procedure of the Russian Federation). According to the logic of the court, the residence address of the defendants is their registration address (clause 63 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 23, 2015 N25). Even if they do not live at their registration address and do not receive the notice, the court will still consider the notice to have been delivered. Receiving notifications is the responsibility of citizens. The court, according to the law, took all notification measures, and if the former owners do not appear at the court hearing, the judge will consider the case without their participation (in absentia under Part 4 of Article 167 of the Code of Civil Procedure of the Russian Federation). In this case, the chances of their being discharged increase.

We recommend reading: How to register while in another city without going to your place of registration

Each situation regarding discharge through the court is individual. Above, I provided a standard sample statement of claim, and it may not have those important points that need to be indicated specifically in your situation. Therefore, to file a claim, be sure to contact a lawyer. After all, if there is any error in the application, the judge will reject it during consideration.

List of documents for filing a claim

Original papers and copies must be provided to the court. The latter remain under consideration, but first the court clerk must check them with the original documents. Along with the claim, the citizen provides:

• identification documents;
• evidence base;
• receipt of payment of state duty;
• documentation that confirms ownership;
• extract from the house register;
• certificate from the Housing Office;
• a copy of the application for the defendant.

This is a basic list of documentation, but sometimes additional paperwork may be required.

Statement of claim for discharge from an apartment: samples, form, filing a lawsuit

• the parties are summoned directly for consideration;
• the parties are given the authority to familiarize themselves with the arguments of the opposing party, as well as give comments, explanations and counterarguments on them, and provide their own arguments;
• ask the court for certain procedural actions.

• passport of the home owner;
• birth certificate, if the person participating in the process is a minor child for whom a passport has not yet been issued;
• military ID, if the participant in the process served in the military;
• a document certifying ownership of the relevant dwelling;
• an extract from the housing organization indicating the list of persons who have unlimited registration in the relevant housing;
• a statement of claim on behalf of the owner, containing a demand to expel the relevant person from his home.

Nuances of deregistration

Forced eviction or documentary deregistration occurs only after a court decision. Main nuances:

1. The basis still needs to be proven. This issue is dealt with by the owner or a person who has a notarized power of attorney for these actions.
2. If minor citizens are involved in the case, then intervention by the guardianship and trusteeship authorities is possible.
3. A claim to the court upon divorce can be filed by a husband or wife, depending on who the property is registered in the name of.
4. Stateless persons have the same rights as residents of the country if they have a temporary residence permit and are on Russian territory legally.
5. If the tenant is not against his discharge, then the process is standard. It can be arranged within one working day.

It is more difficult when a person does not want to lose his registration and there is no compelling reason for his forced deregistration. Especially if the case involves a minor child.

It is prohibited by law to deregister children unless the plaintiff provides other living space for the new registration address.

Municipal apartment

Municipal housing is owned by the state. Deregistration is carried out only if there are compelling reasons.

If a registered tenant has not lived in the apartment for more than a year and there is confirmation of this fact, other tenants have the right to demand his forced discharge.

The same situation is possible if the registered person does not pay utility bills or behaves inappropriately.

Privatized apartment

If the property is sold, and the former owner has not checked out or does not live at the address, but remains registered there, there are two options for resolving the issue:

• voluntary;
• forced.

Voluntary discharge can be automatic only with personal presence at a government agency. This is stated in order No. 288 of the Federal Migration Service of the Russian Federation dated September 11, 2012.

The automatic method involves the citizen applying to his new place of residence. When registering a person at a different address, the passport office will cancel the previous registration remotely upon request.

Apartment registered under a social tenancy agreement

Real estate registered for social rent is a municipal facility. Accordingly, in order to deregister one of the residents, a compelling reason is required.

In court, it is important to provide evidence that the person does not live in the living space where he is registered, does not pay utility bills, or disturbs the peace of other persons.

Inherited living space

If the owner of the property has died, then the heirs will be able to take over their rights only six months after death. After this period, litigation and measures to deregister persons can begin.

As soon as the heir enters into inheritance rights, the further withdrawal procedure takes place according to the standard scheme: voluntarily or through the court.

Deregistration of a convicted person

The fact that a person went to prison is not yet a direct basis for automatically deleting a registration entry from the house register.

The owner can discharge a convicted person without his consent, but for the duration of his prison term, so as not to pay utility bills for an extra person. Such actions are permitted by law in the case of municipal housing.

You can discharge a prisoner through the court on the basis of Article 7 of Law No. 5242-1. More often, the judge takes the plaintiff’s side, but the collection of documentation creates complexity in the procedure. A copy of the verdict must be provided along with the statement of claim.

Standard procedure for leaving an apartment

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The standard procedure for deregistration from an apartment involves several options for submitting an application:

1. Personal reception at the passport office.
2. Submitting an application online on the State Services portal.

In both the first and second cases, the applicant needs to collect a package of documents and, based on the data available in them, fill out a departure form. The applicant will need the following official documents:

1. Passport of a citizen of the Russian Federation of the owner and documents of all those who need to be discharged.
2. Birth certificates of all registered minor children.
3. House book or extract in the form of Form A (certificate of family composition).
4. Housing lease, purchase and sale agreements and others on the basis of which the type of housing ownership is determined.

Currently, the procedure for registering at a new location involves terminating registration at the previous residence address. Therefore, it is more advisable to immediately apply for registration rather than register in one department and then submit documents again in another.

An application for deregistration from an apartment according to the standard procedure will look like the document in the picture.

Read also: How to obtain certificate form No. 8 from the MFC

In the case where the applicant follows a simplified procedure and submits a petition for new registration, the application may take the following form, as in the example below.

If the applicant makes an application on the State Services portal, then the form according to the appropriate form of the document is generated automatically, and for this you just need to carefully select the items and enter the required data.

Regardless of how the applicant wishes to make an extract, the document must contain:

• information about the authority to which the application is sent;
• personal data of the citizen who wishes to terminate registration at the existing address,
• date of document preparation;
• personal signature of the applicant.

Parents or legal representatives (for example, guardians) are allowed to draw up a document on behalf of minor children. A prerequisite for the discharge of children is to fill out the line with the new registration address. Adults need to remember that they must register at a new address within seven days. Otherwise, the applicant will have to pay a fine upon registration.

It is important to know! Under the normal procedure, an application for an extract is accepted free of charge, and registration is also free of charge. A separate request is submitted for each person wishing to be discharged.