How to draw up a claim for deregistration?

Claims for eviction and deregistration are filed by citizens, owners of housing provided under a social tenancy agreement, that is, by municipalities.

Any local administration has a legal service or a single legal adviser, who, by virtue of their position, are required to know how statements of claim are drawn up. Therefore, the article will give recommendations for drawing up a claim when the applicant is a citizen. a statement of claim for eviction and deregistration is available at the bottom of the article in word for free.

Where to start

If the tenant does not evict on his own, this can only be done forcibly through the court. As long as a citizen is registered in a residential building and keeps his belongings in it, he has the right to use the housing in full.

In addition, if the apartment does not have meters for utilities (electricity, water, gas), then their cost is calculated according to the consumption rate multiplied by the number of registered persons.

We recommend reading

How to draw up a statement of claim for child support following the model in Russia

Who can file an eviction claim?

A claim can be filed by:

owner of residential premises (including shared and joint),
employer (under a commercial, social, specialized rental agreement).

The amount of the state fee for filing a claim

An eviction claim is a property claim that cannot be assessed, therefore, according to the Tax Code, the state duty for filing such a claim is 400 rubles.

The fee is paid on behalf of the plaintiff.

Other samples of statements of claim: for recognition of land ownership → sample; on debt collection for utility bills → sample.

Hello. How to draw up a claim for deregistration?

Lawyer Antonov A.P.

Good afternoon

Deregistration (“extract”) without the consent of a person is possible only if this person does not have a share in the ownership of the apartment. But even in the absence of a share, this is only possible in court if there are the following grounds (clause 31 of the Decree of the Government of the Russian Federation of July 17, 1995 N 713 “On approval of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence in within the Russian Federation"": Removal of a citizen from registration at the place of residence is carried out by the registration authorities in the event of: a) change of place of residence - on the basis of a citizen’s application for registration at a new place of residence or an application for deregistration at the place of residence (in in writing or in the form of an electronic document). When registering at a new place of residence, if the citizen has not de-registered at his previous place of residence, the registration authority is obliged to send a corresponding notification to the registration authority at the citizen’s previous place of residence within 3 days to deregister him; ... d) recognition as missing - on the basis of a court decision that has entered into legal force; e) death or declaration of death by a court decision - on the basis of a death certificate issued in the manner prescribed by law; f) eviction from an occupied residential premises or recognition as having lost the right to use residential premises - on the basis of a court decision that has entered into legal force; g) detection of untrue information or documents that served as the basis for registration, as well as unlawful actions of officials when deciding the issue of registration - on the basis of a court decision that has entered into legal force; h) changes by the citizen specified in paragraph 26(1) of these Rules of nomadic routes, as a result of which such routes began to pass beyond the boundaries of the municipal district at the address of the local administration of the settlement of which he is registered at the place of residence - based on the citizen’s written application with the attachment of a document confirming that the citizen maintains a nomadic and (or) semi-nomadic lifestyle; ... j) revealing the fact of fictitious registration of a citizen at the place of residence in the residential premises in which this citizen is registered - on the basis of a decision of the registration authority in the manner established by the Ministry of Internal Affairs of the Russian Federation. According to Article 31 of the Housing Code, family members of the owner of a residential premises include his spouse living together with this owner in the residential premises belonging to him, as well as the children and parents of this owner. Other relatives, disabled dependents and, in exceptional cases, other citizens may be recognized as members of the owner’s family if they are settled by the owner as members of his family. Family members of the owner of a residential premises have the right to use this residential premises on an equal basis with its owner, unless otherwise established by an agreement between the owner and members of his family. Family members of the owner of a residential premises are obliged to use this residential premises for its intended purpose and ensure its safety. Members of the family of the owner of a residential premises who are capable and limited by the court in their legal capacity are jointly and severally liable with the owner for the obligations arising from the use of this residential premises, unless otherwise established by agreement between the owner and members of his family. In the event of termination of family relations with the owner of a residential premises, the right to use this residential premises for a former family member of the owner of this residential premises is not retained, unless otherwise established by an agreement between the owner and the former member of his family. If a former family member of the owner of a residential premises has no grounds for acquiring or exercising the right to use another residential premises, and also if the property status of a former family member of the owner of a residential premises and other noteworthy circumstances do not allow him to provide himself with another residential premises, the right to use the residential premises owned by the specified owner may be retained by a former member of his family for a certain period based on a court decision. In this case, the court has the right to oblige the owner of the residential premises to provide other residential premises for the ex-spouse and other members of his family, in whose favor the owner fulfills alimony obligations, at their request. Upon expiration of the period of use of residential premises established by a court decision taken taking into account the provisions of Part 4 of this article, the corresponding right to use the residential premises of a former family member of the owner is terminated, unless otherwise established by agreement between the owner and this former member of his family. Before the expiration of the specified period, the right to use the residential premises of a former family member of the owner is terminated simultaneously with the termination of the ownership right to this residential premises of this owner or, if the circumstances that served as the basis for maintaining such a right have ceased, on the basis of a court decision. A former family member of the owner who uses residential premises on the basis of a court decision made taking into account the provisions of part 4 of this article has the rights, bears the duties and responsibilities provided for in parts 2 - 4 of this article. A citizen who uses residential premises on the basis of an agreement with the owner of this premises has rights, bears duties and responsibilities in accordance with the terms of such agreement. According to Article 292 of the Civil Code, family members of the owner living in residential premises belonging to him have the right to use this premises under the conditions provided for by housing legislation. Members of the owner's family who are legally capable and have been limited in their legal capacity by the court and who live in the residential premises belonging to him are jointly and severally liable with the owner for the obligations arising from the use of the residential premises. The transfer of ownership of a residential building or apartment to another person is the basis for termination of the right to use residential premises by family members of the previous owner, unless otherwise provided by law. Family members of the owner of a residential premises may demand elimination of violations of their rights to residential premises from any persons, including the owner of the premises. Alienation of residential premises in which members of the family of the owner of this residential premises who are under guardianship or trusteeship or minor members of the owner’s family left without parental care live (which is known to the guardianship and trusteeship authority), if this affects the rights or legally protected interests of these persons, is permitted with the consent of the guardianship and trusteeship authority. You can file a claim in court to forcefully deregister a person. You need to file a claim for deregistration with the district court at the location of the apartment. The amount of state duty is 300 rubles. Filing a claim is also possible if the defendant’s place of residence is unknown. The entire procedure usually takes 2-3 months. A sample statement of claim for deregistration can be found at: https://pravo163.ru/obrazec-iskovogo-zayavleniya-o-snyatii-s-registracionnogo-ucheta/. You will need to submit the court decision that has entered into legal force, along with other documents, to the department of the Federal Migration Service (“passport office”) at the location of the residential premises.

Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.

Still have questions for your lawyer? Ask them right now here, or call us by phone in Moscow +7 (499) 288-34-32 or in Samara +7 (846) 212-99-71 (24 hours a day), or come to our office for a consultation (by pre-registration)!

How to file an eviction notice

The claim is filed at the place of registration of the person being evicted or at another reliably known actual place of residence. The application shall indicate the grounds for termination of the right of residence. They may be as follows:

the citizen has ceased to be a member of the owner’s family (example: the marriage has been dissolved, the second spouse does not have ownership rights to this housing),
the commercial lease agreement has expired,
the employment relationship with the tenant of specialized housing has been terminated,
the citizen has removed his belongings, does not live in the premises, has acquired another place of residence,
there was no basis for moving in; the person moved in without permission.

The following must be attached to the statement of claim for eviction and deregistration:

title documents for housing (agreement, certificate, warrant),
evidence (if available) of pre-trial resolution of the dispute (letters, telegrams, recordings of telephone conversations),
a receipt for payment of the state fee (otherwise the judge will leave it without action until the fee is paid).

After arguing your position, you need to write the word “please” and the following sentences:

We recommend reading

Sample claim for debt collection for utilities

recognize as having lost the right to use full name residential premises with a total area of X sq.m., residential premises - Y sq.m., located at the address: EXACT ADDRESS;
evict your full name from a residential premises with a total area of X sq.m., residential premises - Y sq.m., located at the address: EXACT ADDRESS;
This decision is the basis for deregistration of the full name at the ADDRESS.

Statement of claim for deregistration

According to the law, a citizen is required to be registered according to the location of his permanent and primary residence. By the way, previously this was called registration, but recently registration. Sometimes, everyday circumstances dictate the need to deregister or deregister. This applies to situations where:

There are family members registered in your area who do not want to voluntarily move out
You bought an apartment, but the former owner is still registered in it
For some reason, the citizen does not live in the apartment, but is registered at this address

You can do this unilaterally through the court. A statement of claim to the court implies forced deregistration, but, importantly, does not mean eviction. Our lawyers recommend, before going to court, to try, if there is contact, to agree with the tenant on an application with voluntary deregistration.

Reasons for filing a claim for deregistration

In our legal practice, there have been frequent cases of citizens asking for our services to draw up a statement of claim for deregistration against unreliable neighbors. In general, the following reasons can serve as serious grounds for deregistration, according to the Housing Code of the Russian Federation:

Expiration or termination of a social tenancy agreement
Violation of the rules of residence (silence, rowdy behavior, drunkenness, drug use)

Use of real estate for purposes other than its intended purpose (organization of office, production, etc.)
Termination of family relations between the resident and the owner of the premises
Causing damage to real estate

By the way, let us draw your attention to the fact that the issue of jurisdiction in this case is determined very simply - according to the physical location of the disputed area.

How to draw up a statement of claim for deregistration

Before going to court, you should prepare. And this applies not only to the collection of all legal documents and certificates of termination of relations with a former spouse. You should pay attention to the evidence base. In some cases, this will serve as a weighty argument in the court’s decision. We also suggest that you listen to simple advice on drawing up a statement of claim for deregistration.

The form of the claim for deregistration has a standard form. The essence of the petition should be stated dryly and without “water”. The emotional side of the issue worries the judge very little. It is important to clearly indicate the petition in chronological order, with the exact dates of termination of the relationship, dates of registration of ownership of the property, and other reasons for going to court, if any.

Don't forget some details:

All people registered in the apartment should be indicated
Describe in detail which citizen and on what basis he wants to deregister him
Be sure to provide a corresponding list of applications. Depending on the specific case, it may vary, but as a rule, the following are required:

Documents on ownership of the apartment
Copies of the petition by the number of parties to the dispute
Payment document
Written evidence (extract from the house register, notice with signatures of neighbors, paid receipts for utility bills)
Extract from the Unified State Register
Power of attorney, if the plaintiff is represented by the principal in court
Confirmation of the fact that the defendant has moved and lived elsewhere

Cases of refusal of a claim for deregistration

According to the current legislation of the Russian Federation, there are categories of citizens whose rights the state treats with particular care. In such situations, courts usually refuse:

The tenant is a disabled person of group I or II, and has no alternative housing
Single mothers without alternative housing
Minor children
A tenant or resident who has refused privatization in favor of the current owner

Ending the process

If the court satisfies the request, then in the operative part of the decision (after the words “DECIDED”) the same thing should be written as in the statement of claim after the word “I ask.”

If the evicted citizen does not have any of his belongings in the disputed residential premises, then it is enough to contact the migration service with a decision.

If a citizen not only fails to remove his belongings, but continues to live in the premises, then the court must obtain a writ of execution and send it to the bailiff service at the location of the residential premises. Bailiffs are obliged to ensure the execution of the court decision and the eviction of the citizen.

Lawsuit for deregistration

Statement of claim for deregistration: jurisdiction, subject of dispute, grounds of claim, evidence base.

Jurisdiction. The statement of claim is filed with the district court at the place of residence (registration) of the defendant. The case is considered within two months from the date the court accepted the claim for proceedings.

Subject of dispute. In a lawsuit filed in court for deregistration, the tenant or owner of a residential premises defends his rights to dispose of property and applies civil measures to citizens whose rights to housing should be terminated or recognized as not acquired.

Grounds of claim. The legal basis for the requirements of the statement of claim submitted to the court for deregistration will be determined based on the basis for the emergence of the right to use the residential premises.

Eviction from municipal housing - the rules on recognizing a citizen as having lost or not acquired the right to use housing or the rules on termination of the right to residential premises are applied.

Eviction from one’s own home is a gross violation of the duties of the apartment owner, the use of housing for other purposes, or the demolition of a house due to its recognition as unfit for habitation.

Relocation to another comfortable housing - provision of other housing in connection with major repairs, reconstruction of a building or its demolition for government needs.

Eviction from an apartment due to the expiration of the contract, which is the basis for moving into the disputed housing.

Proof. Let's consider the evidence presented to the court by the plaintiff and by the defendant.

When it comes to the eviction of another tenant from a social apartment by a tenant, experts advise collecting or requesting through the court the following documents: information from postal services about the absence of correspondence to the defendant, long-term non-use of medical services of the district clinic, information from law enforcement agencies from the local police officer about lack of information about the defendant’s residence at his place of residence. In addition to the above-mentioned evidence, it is recommended to subpoena and interrogate witnesses, neighbors on the landing, about meetings with the neighbor (defendant).

When objecting to a claim for deregistration and relocation from demolished housing, we advise you to take into account the proper fulfillment by an authorized person (owner, investor, developer) of the rights of citizens provided for when relocating Moscow residents from residential premises. Failure to comply with such requirements entails the legality of citizens’ presence in residential premises. The use of forced eviction measures against them is not permissible due to violations of their housing rights provided for by constitutional norms.

We will take upon ourselves the implementation of the rights of citizens to the inviolability of their residential premises - the lawyers of TRIUMPH Law Firm: 8 (495) 899-04-20 or 8 (calls within Russia are free).

Statement of claim

If you resort to going to court to deregister a person registered in your apartment, you file a lawsuit. This requires filing a statement of claim or form number 6. Filling out the statement of claim incorrectly can lead to further problems. For example, this is a good enough reason for the court to refuse to file a claim. In some cases, the statement of claim is drawn up differently depending on the situation.

Sample claim for ejectment from an apartment by a non-owner:

In the application you must indicate your passport details, as well as information about the defendant. Indicate the address of the apartment and the reasons why the defendant should be removed from your living space. The same statement of claim (as in the sample) is written to expel a person from a private home. It is only necessary to additionally indicate that the house register is attached to the application.

Sample application for deregistration of a municipal apartment:

Sample statement of claim to the court to expel the ex-spouse from the apartment:

If you are registering a former spouse, you need to write in the application about when the marriage was concluded and when it was dissolved. You also need to prove that the apartment belongs to you.

Form of claim for discharge from the apartment through the child’s court:

The most difficult thing is to evict a minor child from the living space. This question is not only more difficult to justify. It is worth keeping in mind the fact that the child's discharge is possible only if equivalent alternative housing is available.

You can draw up a statement of claim yourself, but it is better to contact a professional lawyer. This is justified by the fact that seemingly insignificant legal errors can lead to refusal to consider the case by the court. It is also worth remembering that the application must substantiate the person’s removal from the residential premises as accurately and in detail as possible.