The daughter brought a man into the apartment. How can I evict him now?

One of your family members, for example, your daughter brought a partner to the apartment for permanent and joint residence. For some reason this situation does not suit you. You don't want to live in the same apartment with a stranger. They do not want to move into a rented apartment or purchase separate housing. What to do in such a situation? How to evict your daughter's partner from a municipal apartment?

Again, the legislator provided for this possibility. No, law enforcement agencies will not help, they do not have such powers. To solve the problem, you need to go to court with a claim for eviction.

Reasons

Before talking about the grounds for eviction of a cohabitant, you should clarify the issue of ownership of the apartment. Evicting a “common-law spouse” on your own is only possible from a privatized apartment. If you lived in a municipal apartment under a social tenancy agreement, most likely your cohabitant has the right to use the living space. Consequently, eviction will only be possible on the basis of a court verdict.

Reasons why you can evict a roommate from an apartment:

• Decision of the owner, shareholders

The owner of the apartment, who has/has not registered a cohabitant, has the right to evict the tenant without explaining his wishes. The person being evicted will have to pack his things and leave the area he occupies. The decision to evict can also be made by shared owners, but their unanimous intention will be required.

• Damage to property

Troublemakers are evicted from the apartment first. Moreover, if a cohabitant causes damage to the property of the homeowner, the latter has the right to demand compensation for damage (Article 15 of the Civil Code of the Russian Federation).

• Violation of neighbors' rights

It happens that a roommate abuses alcohol, is addicted to drugs, triples rowdy behavior, and “poisons” the lives of the owners of other apartments. Neighbors have every right to complain to the housing authority and then impose severe sanctions on the offender. One of these is eviction from an apartment (see “How to evict noisy neighbors”).

The reasons may vary, but it is advisable to use them together.

Reasons for eviction

Anyone who is planning to sue their partner needs to know how to do it correctly, without harming themselves. Sometimes it is quite difficult to evict an alcoholic neighbor from your apartment, especially if you are related to him. How to evict a roommate from your home? What should you pay attention to?

Divorce

A very serious reason when cohabitation is no longer possible or even reasonable. And here it doesn’t matter if the relationship ended on the initiative of the husband or wife. If a former spouse lives in an apartment after a divorce, abandoning family life, then this is a violation. The partner has the right to file a lawsuit.

End of the lease agreement

The police react quickly to such statements. The owner of the apartment must only prove the right to the property, after which he can change the locks and independently empty the house of other people's belongings. You need to prove that you are kicking out your roommate, a stranger, not your sister or brother.

Eviction of an unregistered spouse

The case is quite common, but in such a situation people can greatly ruin each other’s nerves. How to evict an unregistered roommate? It is necessary to document that the marriage has ended. When housing is purchased before the wedding and is registered for only one person, then after the divorce it remains the property of the owner. The second partner, especially since he is not registered in the apartment, has no rights.

If the defendant does not want to leave after the end of the relationship, then the court may recognize that he is thereby interested in its continuation. This is why it is necessary to obtain a final divorce. In the case of jointly acquired property, by law it is divided in half. Here, the former partner has the right to demand his share through the court if it is not possible to come to an understanding.

How to evict a roommate from an apartment if he is not registered there?

The easiest way is to evict a cohabitant without his consent, if he is not registered in the owner’s apartment. But you need to remember that not all categories of tenants are subject to eviction.

The owner cannot evict:

• Dependent (disability + living with the owner of the home for 1 year or longer);
• Family member (by consanguinity or official marriage).

A cohabitant may be included in the first category, provided that he is financially supported by the owner of the apartment. Most likely, he will have “immunity” from eviction. If the cohabitant is not a dependent and is not registered in the apartment, eviction occurs as usual.

Example: While vacationing in Turkey, Ivleva met Cherkasov. Mutual sympathy arose, and upon returning from abroad, Cherkasov moved in with Ivleva. Registration in the apartment was not completed, because... the man was registered with his mother. Soon disagreements arose - Ivleva wanted to live with a “real man”, and her roommate did not work anywhere and abused alcohol. It happened that Cherkasov created inconvenience for his neighbors in the stairwell. Tired of endless conflicts, Ivleva turned to the district police officer with a complaint about her roommate. She said that the apartment belongs to her by right of ownership, Cherkasov is not registered there, violates public peace and does not want to move out voluntarily. The district police officer responded to Ivleva’s appeal, and soon Cherkasov was evicted from the apartment along with his belongings.

Procedure

Law enforcement agencies deal with issues of eviction of unwanted tenants. If the cohabitant is not registered in the apartment, the owner has every right to evict him even without consent. This is due to the provisions of Art. 209 of the Civil Code of the Russian Federation.

Instructions on how to evict a roommate if he doesn’t leave:

1. Try to persuade him to move out voluntarily.
2. Give notice of eviction within the prescribed period.
3. Submit an application addressed to the district police officer.
4. A police officer will visit the apartment, check the documents, and draw up a report on the residents living in the apartment.
5. Drawing up an act of forced eviction of a cohabitant.
6. Resident notification.
7. Eviction from the apartment within the agreed period.

The owner of the apartment will not even need to resort to judicial recourse. It is enough to present documents for the apartment and declare that the roommate is an unwanted guest.

You can read more about the eviction of illegally residing people in our separate article.

Documentation

So, the eviction should take place in the near future - what documents will be needed from the apartment owner?

Prepare:

• an application addressed to the local detective officer (full name, rank, address of the stronghold and telephone number can be found on the business card or on the website of the Ministry of Internal Affairs);
• Russian passport;
• document of title (for example, an apartment purchase and sale agreement);
• extract from the Unified State Register of Real Estate (new version) or certificate of ownership (old sample);
• an extract from the house register - about how many people live in the apartment (no information about an unregistered roommate).

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

The very fact that the homeowner wants to evict his former partner is enough. But you can support your intention with evidence .

For example:

• testimony of neighbors and family members;
• the conclusion of the housing inspection about the violations of the cohabitant;
• copies of reports from the police, prosecutor's office (deviant behavior of the tenant);
• photos, audio and video recordings.

In a word, even if your roommate does not leave, you can find justice for him. Provided that registration in the owner’s apartment was not issued.

Statement to the police (sample)

An application to evict a tenant is filed at the local police station at the place of residence. The owner of the apartment must write an application on a ready-made A4 form in two copies.

Contents of the statement to the district police officer:

• Full name of the detective;
• title, position (current or temporary);
• Full name, passport details, address, telephone;
• further – by;
• description of the current problem, parties, right of residence, absence of such right, etc.
• information about the warning, notice or requirement to vacate voluntarily;
• an indication of the violated rights of the owner;
• request to pay a visit and take action (for example, evict an unregistered cohabitant in the apartment);
• Date of preparation;
• personal signature.

The applicant submits two copies of applications to the duty station or personally to the local police officer. You need to receive an application back with an acceptance stamp (spoof).

Deadlines

Verification of the requirements stated by the applicant usually takes 3 working days . Next, the district police officer contacts the owner of the apartment and arranges a visit. It is advisable that the cohabitant and his things be in the apartment - as proof of residence without registration. Eviction occurs within a period agreed in advance - no more than 6 days (but more often a week is given).

Price

Contacting a local police officer is free. The subsequent eviction of the “common-law husband” also occurs without financial costs on the part of the owner. Costs may be associated with obtaining a number of certificates. For example, a current extract from the USRN costs 460 rubles (previously 400 rubles).

Get rid of an alcoholic partner who won't leave.

Proceed to repeatedly and confidently affirm special occult expressions. When my drunken roommate comes again, he will immediately shake with a fever.

I’m getting rid of him with the power of darkness, he won’t get a penny on loan. There will be no place for him in my house; he will forget everything that happened between us.

Amen! Amen! Amen! I’m getting rid of my roommate with authority, I’m not whispering this conspiracy in vain. Alcohol will completely wear him out, he will get drunk and leave forever.

From the threshold I send a dashing lapel, let the difficult one take it away. Let it be so! Amen! Amen! Amen! My roommate, who won’t leave, may disappear on the way to me. Drunken delirium will cloud his mind, and the soul in my house will ache. The villain himself will get rid of me, he will run away, without cursing anyone. Let it be so. Amen! Amen! Amen! Read the magic spells one by one. At least 13 times. Occult formulations will push the partner to leave in a fit of drunken and unbridled fear.

Clashes with her roommate began after the woman bought a second apartment, also a two-room apartment, during the construction phase. He said that she had no children, and that there was no need to buy an apartment, but that it would be better to drink the money away.

After 12 years of such a life, the woman decided that it was time to get rid of her roommate, but she did not know how. On the one hand, she became attached to him, but on the other, it’s impossible to live in such a HELL! And she acted like a real woman! She did NOT stop the beating in order to contact law enforcement, did NOT persuade her friend to kick the drunk out the door and did NOT change the locks, did NOT tell her roommate to pack his things and go home. She just... wrote to the forum and asked for advice on what to do. Well, isn't she smart? Any advice, or is everything already terribly hopeless? Oladuh writes about MISP - men going their own way...

How to evict a roommate from an apartment if he is registered in it?

Most roommates trust their significant other so much that they immediately register them in the apartment. It would seem, what's wrong with that? In fact, registering a cohabitant creates problems with his eviction in the event of a breakdown in the relationship.

Appealing to the local police officer will not work here - you will have to involve neighbors, lawyers, acquaintances and evict the cohabitant without his consent in court.

Example: Heir S.A. Konyukhov became the owner of his grandmother's 2-room apartment. Soon the man met a woman, V.O. Yushina, who had nowhere to live due to moving to a new city. Konyukhov immediately registered Yushina with him. The lovers did not register their relationship with the registry office, but lived in the apartment as cohabitants. After some time, Yushina became an orphan, because... I lost my mother, and my father left a long time ago. Relations with Konyukhov did not work out; the owner demanded that Yushina move out of his apartment. The woman had nowhere to go, and she refused.

Konyukhov filed a lawsuit for the forced eviction of his cohabitant. The plaintiff claimed that he was the owner and wanted to write out and evict the defendant, but she did not agree. After hearing the parties, the court decided to refuse to evict Yushina. Considering that the defendant was left an orphan and did not have the opportunity to rent housing, the court delayed the eviction from Konyukhov’s apartment. Even despite the “cohabitation” status, it was decided to give a short delay until Yushina received housing under a social tenancy agreement as a low-income person.

Eviction algorithm

A cohabitant registered in an apartment cannot be considered to have moved in without permission. The owner always gives consent to registration. If eviction is carried out, it is not much different from the usual procedure: voluntarily by the cohabitant or forced by the court.

Step-by-step algorithm:

Step #1. Make sure that your roommate does not want to move out voluntarily.

Step #2 . Pre-trial order (negotiations, persuasion, demands).

Step #3 . Prepare evidence (precinct police report, witnesses, photos, videos, documents).

Step #4 . A statement of claim to the court for the forced eviction of a cohabitant.

Step #5 . Receive a copy of the court decision (writ of execution).

Step #6 . Remove your partner from registration (UVM or MFC).

Step #6 . Write a statement to the bailiff service or contact the local police officer.

Step #7 . The process of evicting a registered tenant.

List of documents

Applying for the forced eviction of a former cohabitant requires the preparation of documents - not only for eviction, but also for discharge (the first cannot happen without the second).

The plaintiff is required to provide:

• 3 copies of the statement of claim for the eviction of the registered partner (for yourself, the defendant and the judge);
• a copy of the Russian passport (the original will be required at the court hearing);
• documents for the apartment - a color certificate or a modern extract from the Unified State Register of Real Estate;
• the reasons why the owner evicts the cohabitant (living at a different address, non-payment of housing and communal services, damage to property, negativity towards neighbors, illegal redevelopment of the house);
• extract from the house register (archive);
• original receipt for payment of state duty.

The main condition for providing documents is to hand over to the secretary of the district court not the originals (duplicates), but their copies. Subsequently, the complainant will be asked to confirm the copy of the passport with the corresponding original.

Statement of claim (sample)

The structure of the statement of claim deserves special attention. Since we are interested in eviction of a tenant who is registered in the apartment, the name of the statement of claim will be standard. More on this below.

What to include in the statement of claim:

• name of the district judicial authority;
• Full name, passport details, addresses and telephone numbers of the participants in the process;
• the title of the claim is “Statement of Claim for the loss of the cohabitant’s right to use housing...”;
• why the plaintiff wants to evict the defendant;
• grounds for forced removal of a cohabitant;
• confirmation of your legal intentions (articles of the Civil Code, LC, etc.);
• a list of documents that go along with the claim;
• date and signature of the plaintiff.

As has been said many times, the number of claims must correspond to the number of participants in the process. Usually this is 3 copies (for the plaintiff, the defendant and the judge). It is better to take care of this in advance.

You will find useful recommendations on how to draw up a statement of claim for eviction in our material.

Deadlines

How long does it take to evict a roommate if he is registered in the apartment? It is impossible to answer the question unequivocally - court hearings can last up to six months, have counter-claims, and be complicated by appeals and complaints.

If we talk about an approximate period - 2-4 months with an increase in the period (Article 154 of the Code of Civil Procedure of the Russian Federation). Following the litigation comes the eviction itself. It takes about 3-7 days , but sometimes longer. For example, if a cohabitant refuses, you will have to involve bailiffs. As a result, the period will increase by 2-3 weeks. However, the efforts will not be in vain - the cohabitant will sooner or later move out of the owner’s apartment.

Expenses

The price list for filing claims is described in Art. 333.19 Tax Code of the Russian Federation. The plaintiff pays for the claim that he files against the defendant. If two or more claims are made, several claims can be filed, or they can be formed in one statement of claim.

The cost of filing a claim to evict a cohabitant is 300 rubles . Immediately after payment you need to take the receipt and attach it to the documents. Payment is made through the bank's cash desk or payment terminals - at the choice of the plaintiff.

Preliminary actions

Most often, people who are in an apartment without legal rights prefer to negotiate peacefully and move out at the request of the owner. The only thing that can happen is a request for a deferment to find other housing.

In this case, it is advisable that such a receipt be drawn up in writing, and it indicates the exact time frame when the unwanted tenant will vacate the premises. This is convenient for both the owner and the guest. The first one will have a signed document in his hands, and the second one will be sure that until this time he will not be disturbed, for example, with the help of the police.

If the peace agreement does not work, you will have to turn to the local police officer for support.

He may offer to leave the living space and draw up a document about illegal stay in the apartment against the owner’s wishes. After 23.00, you can call a police squad, which has the right to detain a citizen until the circumstances are clarified.

If the measures described above do not work, and the unwanted tenant continues to be a nuisance, the only option left is to file an eviction claim in court.

In what cases will a roommate not be evicted?

Many people ask whether it is always possible to evict a roommate?

Despite the difference in situations, the law identifies several grounds when it will not be possible to evict a common-law husband/wife:

1. The cohabitant is included in the social tenancy agreement as a family member - and the agreement has not yet lost legal force.
2. The person being evicted is raising minor children and has nowhere to live - the courts often cooperate and grant a reprieve (see “Eviction of minor children from residential premises”).
3. The cohabitant has health problems (for example, incapacity or disability of I-II degree).
4. Availability of mortgage payment receipts on a par with the owner of the apartment.
5. Participation in the reconstruction or repair of residential premises - for which there must also be confirmation (checks, receipts, invoices, contract agreements, receipts).

How to insure yourself in case of unforeseen situations? The most reasonable thing is to conclude an apartment rental agreement (rent) with your cohabitant. It is not necessary to pay in full: it is enough to pay utility bills and meters. The expiration/termination of such an agreement automatically obliges the cohabitant to move out of the apartment.

Three ways to kick out a husband who doesn't want to leave

And if you want to kick an old cat out of the house, get a dog: what could be worse for a member of the feline family than the appearance on its territory of a young dog, barking cheerfully and joyfully wagging its tail? Especially if the old cat, like the old husband, is accustomed not so much to you as to the house in which he lives, and does not want to leave it. In this case, the woman needs a real romance: the appearance of a young and energetic lover will help solve the problem in a radical way.

Don't drink his stinking cocktail! All girls know: if on a date with a man you drink a cocktail that he treats you to, then you should be prepared for the fact that your meeting will end in his bed. If you don't want to go to bed, don't drink his stinking cocktail. In family life, this rule means: do not run a common household with the husband you want to separate from.

Find that feeling that prevents you from doing, something that you have already decided on internally a long time ago. And when you find this feeling, think - maybe you have been experiencing this feeling all your life for your own internal reasons, and they are not even related to this man? Maybe you are used to feeling this way all your life? And then it makes no difference whether you kick him out or leave him, something will still torment you.

You need to get rid of this feeling, either on your own or with the help of a psychologist. It will go away and life will become easier. If you need help, please contact us.

Goloshchapov Andrey Viktorovich, psychologist Saratov Subscribe to the magazine “All Psychology” The best articles, tests, answers to questions Free! More than 100 thousand. To get rid of an alcoholic partner, perform a simple occult ritual. A person who does not leave beats you and the children, posing a terrible threat.

Important: It is possible that despite the beatings, you love the one you call your partner. It is common for a woman to hope that her status will change and she will find a faithful, non-drinking husband. My dears, I am sincerely sorry that there is an alcoholic huddling next to you. He just can’t leave, poisoning life with his corrupting presence. To get rid of your roommate, try using the most powerful magical spells that you can easily perform at home. There is no need to light church candles. The ritual is incredibly simple. At any time of the day or night, retire to a locked room. Sit down at table. Place handwritten text with magical spells in front of you. By an effort of will, imagine a roommate who leaves your destiny forever.

Start with the simplest things. Realize for yourself or ask him what exactly went wrong. What didn’t suit him about you? If it turns out that he just wanted something new, try changing your style. Change your hairstyle, become more mysterious. Draw his attention to you. 4 Take care of your figure. Very often, men begin to look for a woman on the side because their wife’s figure has changed greatly for the worse. Go on a diet, exercise. Take care of your manicure, makeup and wardrobe. You should resemble the cover girl. 5 Let your husband know that you have fans. Now it’s not only him who likes you new and beautiful. Make him jealous, but don't cheat on him so he can't blame you for anything. Flirt in front of him with attractive men. Always be the center of attention among your mutual friends. 6 Become a wonderful housewife.

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Arbitrage practice

When considering cases of eviction of citizens, courts are guided by the provisions of Art. 194 of the Code of Civil Procedure of the Russian Federation “Adopting a court decision.” Judges take into account not only the interests of the plaintiff, but also the life situation of the defendant. For example, if this is a dependent, they will definitely delay the eviction, or they may even refuse it altogether.

It happens that the parties manage to reconcile - sometimes right in the courtroom. Next comes the conclusion of a settlement agreement - this may take some time. The agreement between the plaintiff and the defendant is approved by the court. The terms and conditions are binding.

For example:

• the owner allows the cohabitant to live with him for a while;
• the cohabitant is looking for a new place to live and moves out in a month;
• the defendant compensates for material damage and remains to live with the owner;
• The plaintiff enters into a rental agreement with his cohabitant and moves out of the apartment.

It happens that cohabitants have common property. Read how property is divided in a civil marriage?

Going to court

The judicial authorities must provide documents confirming the fairness of the charges. These include: documents on ownership, a claim, evidence of non-compliance with the conditions of comfortable living. It should be noted that only if there is no blood relationship between the plaintiff and the defendant, the court will begin to consider your case. For this reason, it will not be possible to evict your own parents or other relatives from the apartment who for some reason did not please you, especially if the person has nowhere to move.

Russian legislation protects not only the rights of owners, but also those who are in a disadvantaged position and do not have the opportunity to defend their position. You will have to prove the capacity of the evicted person. The right to occupy living space cannot be denied to disabled people and those who, due to mental disability, cannot provide for themselves.

The circumstance that matters is the age of majority. The defendant must be recognized by the court as a person who has reached the age of eighteen. Otherwise, the case will not even be considered. The law protects the rights of children for a comfortable life, and no one has the right to challenge it.