How to write a statement to the police about illegal residence in an apartment

Home / Housing disputes / Eviction of illegally residing citizens from residential premises

Private property is inviolable. This is stated in Art. 35 of the Constitution of the Russian Federation. But in practice there are exceptions, for example, if someone moves into an apartment without permission and lives there without the knowledge of the owner. Or does not respond to fair demands to evict. Illegal residents have neither registration nor housing rights. Therefore, they can and should be evicted from the apartment.

But is everything as simple as it looks at first glance? The apartment owner will have to face many nuances. That is why the eviction of unauthorized tenants becomes a serious problem. We will try to understand all the features of this difficult process.

Reasons for the appearance of illegal residents

The first question that needs to be answered is where do the uninvited “guests” come from? Establishing this circumstance serves as the first step towards the eviction of an unauthorized tenant.

There are several reasons for the appearance of illegal residents in an apartment:

expiration of the residential lease agreement;
placement of minor children (without the consent of the owner of the living space);
subletting an apartment to third parties;
accommodation of relatives of previous tenants;
reluctance of the ex-spouse to move out of the apartment after the divorce.

These and other reasons result in the appearance of unwanted guests in the apartment. It’s good if they understand the situation and vacate the living space on their own. But often residents simply refuse to move out of the apartment along with their belongings.

If there are children among the unwanted tenants, read about the procedure in the article “How to evict minors from a residential premises”?

About the opportunity

Is it possible to evict illegal residents?

Can. The courts, the Management Company, and the prosecutor's office will come to the rescue.

The local inspector and neighbors will provide good support.

But in no case should you rely only on your own strength , especially if the situation is complicated by the fact that the “invaders” were not strangers to the owner, and even the rights of minors were affected. This could seriously delay the proceedings.

And even more so, you shouldn’t cause chaos and push those who are staying away onto the landing, throwing out their things - although the temptation, of course, can be very great.

The prerogative of eviction belongs to the court and the FSSP, and not to private individuals.

And it’s good if the expelled person simply screams and moves away with his things at his place of registration. But if the person being kicked out falls down the stairs and breaks his nose, and then goes to the police to complain, the handcuffs may close on the hands of the owner (Article 330 of the Criminal Code).

And in especially severe cases (for example, if an angry owner threatened to throw both a guest and his belongings from the balcony, or even carried out what was said), this can be fraught with not just arrest and forced labor, but also imprisonment - up to five years.

Therefore, the best solution, if you find out that your home is occupied by strangers, is to contact a competent lawyer specializing in housing law. He will help you with the evidence base, tell you how to behave further, and represent your interests in court.

Can the police or local police officer evict illegally living tenants?

Before evicting illegally residing citizens from a residential premises, you need to understand who to turn to for help? The owner of the apartment has the right to involve the district police officer, police officers, housing inspectors, guardianship authorities, prosecutor and bailiffs. But this must be done gradually, and in no case should you engage in arbitrariness.

Arbitrariness is the commission of active actions in relation to other entities or their property that are contrary to the current legislation (Article 330 of the Criminal Code of the Russian Federation). Examples are threats to “take a person down the stairs”, assault, putting things outside the door, deliberate damage to the property of evicted citizens, etc.

You cannot act arbitrarily under any circumstances - this puts the owner himself at risk, so instead of evicting the guests, he may face imprisonment for up to 5 years.

Therefore, if you are faced with the problem of evicting unwanted tenants, contact law enforcement agencies or the court. It is this method that makes it possible to do everything according to the law and not incur any troubles. The basis is the provisions of Art. 301 of the Civil Code of the Russian Federation on the right of the owner to reclaim his property if the latter is illegally in the hands of others.

Last resort: a lawsuit to evict an illegally residing person from an apartment

The basis for the requirement to vacate the premises from people occupying it without legal force is Article 301 of the Civil Code of the Russian Federation, which makes it clear that the owner has the right to reclaim his property , which is under someone else’s possession, for which there is no authority.

You can find out whether you can be evicted from your only apartment in our article.

Name and address of the court.
The plaintiff's surname and initials, as well as his permanent residence address.
Details of the defendant (last name and initials, as well as registration address).
The reason and essence of the grounds for eviction.
Requirements with which the plaintiff goes to court.
Adding date and signature.

In order to defend his rights, the owner will have to go to court, where he will have the opportunity to present the necessary evidence. The loss of the right to use property is reflected in Article 35 of the RF Housing Code. This can also happen due to non-compliance with the rules for common use of the premises and constant complaints from neighbors.

How to evict an illegally living person from an apartment

Let's look at three ways to evict people living in residential premises without permission. The choice in favor of one method or another depends on specific circumstances. But it is important to remember that only the courts and, in some cases, prosecutors have the right to evict people from the premises they occupy.

Method No. 1. Help from the local police officer

The termination of the legal basis for living in an apartment inevitably leads to conflict. Most often, disputes arise between close people, relatives, and friends. Less often - in relation to strangers who occupied the apartment without permission.

It is not at all necessary to immediately run to court or write a statement to the police. It is much more practical to understand the motives of the person living in your apartment. It is quite possible that he is not aware of the termination of the rental agreement or is experiencing temporary difficulties in finding housing. Resolving the issue amicably means saving yourself from unnecessary stress.

Procedure and procedure

If you find people in an apartment who have moved in without the consent of the owner, you need to contact the district police officer. It is best to first call the local police officer and ask what to do in this situation? Most likely he will offer to write a statement.

As soon as the application is written, the district police officer begins his duties - in accordance with Federal Law No. 3 “On the Police” of February 7, 2011:

Visiting an apartment following a complaint from the owner.
Checking documents of residents, clarifying the rights to reside in a given residential premises. We remind you that registration information is in your passport. Foreigners must provide not only a foreign passport, but also a migration card (residence permit, temporary residence permit, work patent, etc.).
Interviewing neighbors and witnesses.
Drawing up a protocol based on the results of the visit to the apartment.

After clarifying all the circumstances, the local detective draws up an act of eviction of illegally residing citizens. Information from the protocol is communicated to the tenant in the form of a warning or requirement . If they do not vacate the apartment after the specified period, the owner has the right to go to court.

List of documents

The manager of the residential premises must prove the fact of illegal residence in the apartment. Usually, acts of the district police officer are used for this. But there is other equally important evidence.

Documents for eviction of those who occupied residential premises without permission in 2021:

written protocol of the local detective;
witness's testimonies;
photo, audio and video recording of violations;
receipts for debts to utility companies;
a copy of the residential lease agreement (expired);
certificate of divorce;
expert opinion on damage to the owner’s property.

It will be very helpful if you consult a qualified lawyer. Eviction cases have quite serious nuances at the legislative level. A lawyer will help you figure out which articles to follow to protect your property rights.

Method No. 2. Judicial eviction

It occurs much more often, since those illegally living in the apartment do not want to leave it voluntarily. You should not be surprised if you have to carry out the eviction in accordance with the judicial procedure.

Example: The Kirovsky District Court considered the case of eviction of illegally registered Zakirov A.F. from the apartment of Soboleva I.A. After clarifying the circumstances of the case, it turned out that several years ago the defendant was registered in Soboleva’s apartment without her knowledge. Zakirov’s passport contained a note indicating registration at his place of residence. In fact, the defendant did not live in the apartment, but some of his things still remained. Moreover, the woman received notifications from banks, the FSSP and other services in his name. The plaintiff’s stated claims are to recognize Zakirov as having lost the right to use the residential premises, and also to evict him from the apartment (due to the location of some of the things within the residential premises). The grounds were stated: illegal occupancy of the defendant, the owner’s right to evict tenants, and the defendant’s non-residence at this address.

Having studied the plaintiff’s arguments, the Kirovsky District Court decided to satisfy the claims. Zakirov was discharged and evicted from Soboleva’s apartment as having lost the right to live in the living space. There were no additional penalties. In addition, the court undertook to conduct an investigation into the fact of the defendant’s illegal registration in the plaintiff’s apartment.

Procedure and procedure

It is wrong to start eviction of “undesirable guests” immediately by going to court. First, you need to comply with the pre-trial order, otherwise the eviction through the court will simply be refused.

Instructions on how to evict those who have moved into an apartment without permission:

Write a statement to the district police officer with a request to check the living space.
Make a copy of the protocol on residents living in the residential premises.
Notify the insolent tenants about their illegal residence and ask them to vacate the property.
If you receive a refusal or evasion of an answer, go to court.
Draw up a statement of claim, prepare evidence of your case.
Submit the package of documents to the court office.
Attend scheduled hearings.
Get a copy of the court order.
Evict those illegally living together with the local police officer or bailiffs.

Forced eviction of tenants is considered a rather tedious and energy-consuming procedure. Get ready for a lengthy trial and the involvement of law enforcement agencies.

List of documents

Citizens' appeals are considered in the district court at the apartment's registration address. Along with the statement of claim, you must prepare evidence of the validity of the eviction.

The package of documents looks like this:

a copy of the application to the district police officer to conduct an inspection;
copy of the protocol;
a copy of the housing inspection report (to identify sanitary violations);
certificate of ownership of the apartment or extract from the Unified State Register of Real Estate;
receipt of payment of state duty.

The standard package is supplemented by evidence that can be accepted when the case is considered by the court:

–photo, audio, video materials of strangers living in the apartment;
testimony of neighbors (written and oral);
extract from the house register (extended);
invoices for payment for the apartment (needed to determine the number of people living);
collected materials from a private detective (when contacting the agency);
a copy of the assessment commission’s conclusion (damage to real estate);
divorce certificate (if the ex-spouse is being evicted);
other documents.

So, the first thing the plaintiff has to prove is that he is the owner of the apartment. In addition, he must establish the fact of illegal residence of third parties in his home. The final decision of the court depends on the evidence provided.

Method number 3. Administrative eviction

The third and effective way is to evict unwanted tenants by decision of the prosecutor. The powers are enshrined in Art. 45 Code of Civil Procedure of the Russian Federation. In fact, the prosecutor acts at his own discretion and without going to court.

Reasons to evict illegal residents through the prosecutor:

infringement of the rights of low-income categories (pensioners, disabled people, children);
unauthorized occupancy of residents;
threat to life and health;
emergency condition of the living space.

The prosecutor's permission is issued only if there are compelling reasons on the part of the applicant. In practice, eviction sanctions are rare. Prosecutors do not risk making responsible decisions. There is a risk of damage to the property of the evicted person or physical violence from the police. As you might guess, they will ask first of all from the person who issued the permit, i.e. from the prosecutor.

Example: A retired apartment owner was planning a long trip for family reasons. To keep the apartment from being empty, she allowed her friend’s son to live in it. He, in turn, handed over the keys to his distant friend, who actually lived in the apartment. There was no standard rental agreement for residential premises. Soon the pensioner found out that a stranger was living in her apartment. She contacted the prosecutor's office regarding the illegal entry of a stranger into her home. The pensioner attached documents for the living space and an extract from the apartment register. The application was accepted for consideration. The prosecutor studied the circumstances of the case and issued a sanction for the eviction of a distant acquaintance of the friend's son.

Grounds for eviction

To understand how best to evict unscrupulous tenants without a court decision, you will need to refer to Art. 293 Civil Code. It spells out the grounds for terminating civil relations between tenants and landlords:

misuse of an apartment or house;
constant disruption of the quiet life of neighbors;
demolition of load-bearing walls near someone else's living space;
carrying out major repairs with redevelopment without registration;
termination of marriage relations with the owner of the property;
illegal occupancy;
actual residence in another place;
termination of the rental agreement;
sale of an apartment to a new owner;
no payment for utilities.

On a note! With a short-term rental agreement (up to 1 year), you can evict tenants who have not paid rent for 2 months. If the contract is long-term, the non-payment period is extended to 6 months.

Who has the right to evict?

Forced eviction is carried out with the participation of:

owner of real estate;
district court judges based on the claim and strong evidence;
bailiff acting on a writ of execution.

Read also: How to check an online store for fraud

All authorized persons must have appropriate documents.

Cost and terms

State costs for going to court regarding eviction are considered non-pecuniary. The state duty is 300 rubles (Article 333.19 of the Tax Code of the Russian Federation). All expenses are borne by the plaintiff, even if he acts through a representative (lawyer). Payment is made before filing the claim documents - at the courthouse or at the bank cash desk.

The period for consideration of the claim is 5 working days . The hearings that follow may take 2 months + a month to appeal the court ruling. The specified periods are supplemented by the time for eviction of illegally residing citizens - 7 days from the date of entry into force of the court decision.

The statute of limitations for eviction cases is 3 years. However, there is an important caveat here: if the case is qualified under Art. 208 of the Civil Code of the Russian Federation, then the limitation period does not apply. Usually this is the owner’s demand to eliminate violations of his rights. Illegal entry into an apartment is one of these requirements.

Eviction of illegally residing citizens from residential premises

Documents for eviction of those who occupied residential premises without permission in 2020:

You cannot act arbitrarily under any circumstances - this puts the owner himself at risk, so instead of evicting the guests, he may face imprisonment for up to 5 years.

The powers are enshrined in Art. 45 Code of Civil Procedure of the Russian Federation. In fact, the prosecutor acts at his own discretion and without going to court. State costs for going to court regarding eviction are considered non-pecuniary. The state duty is 300 rubles (Article 333.19 of the Tax Code of the Russian Federation). How to write an application to the prosecutor's office about the education department? All expenses are borne by the plaintiff, even if he acts through a representative (lawyer). Payment is made before filing the claim documents - at the courthouse or at the bank cash desk. Initially, if you discover persons in an apartment who are illegally living in this property, it is advisable to contact the district police officer. It is advisable to submit applications and complaints to different authorities.

If the court takes the side of the defendant, then this decision must be appealed.

Application to the police about the eviction of illegal residents (sample)

After contacting the local police officer, you will need to write a statement to the police. As a rule, there are ready-made forms for such cases. The detective will tell you what to indicate in the appeal point by point.

Contents of the statement to the police:

Full name and title of the district police officer;
Full name, address and contact details of the applicant;
The main essence of the appeal is to pay a visit to the apartment, establish the fact of the tenant’s illegal residence, and bring him to administrative responsibility under Art. 20.1 Code of Administrative Offences, etc.;
date of;
personal signature + transcript of signature.

You should not hope that the local police officer will visit your apartment and evict illegally residing citizens. The police have no authority to do this without a court order. But the response to the statement will serve as evidence of contacting the police - this is a mandatory action at the pre-trial stage. A copy is attached to the documents addressed to the judicial authority.

How to write a statement to the police about illegal residence in an apartment

Then wait for a response. A local police officer must come and check your passports and lease agreement. Draw up an act. You must be given a written answer. Inform the full name and citizenship of these persons, as well as the basis of residence (for example, a lease agreement). When you receive an answer, it will make sense to talk about further actions. For now, achieve this. This can be very difficult. First, you need to ensure that the local police officer comes when they are at home, and they open the door for him. If this happens, then you will need to achieve a normal answer. Take action and write about the results.

Article 3. Basic concepts used in this Federal Law

To the prosecutor's office. First, you can call the prosecutor's office of the district in which the police department is located. 573 - 21 - 81 St. Petersburg police hotline and talk about the inaction of the district police officer or the negligent attitude of police officers6) provision of personal data - actions aimed at disclosing personal data to a certain to a person or a certain circle of persons; Currently, the owners of apartment no. located on the 4th floor, they violate my rights and legitimate interests by renting out an apartment to foreign citizens without an appropriate agreement, without notifying the Federal Migration Service about the lack of registration at the place of stay, and allowing mismanagement of the apartment. Hello! To solve the problem with unreliable neighbors, you need to contact the police, the Federal Migration Service, or the prosecutor's office.

Statement of claim for eviction of illegal residents (sample)

A well-drafted statement of claim is an excellent tool for winning a case in court.

Contents of the claim for eviction of unauthorized residents:

name of the district court;
Full name, address, telephone (email) of the apartment owner;
Full name and similar information about the defendant (if they are not available, the court will conduct its own verification);
the main essence of the claim;
reasons to evict the defendant(s) from the apartment;
evidence of the validity of the requirements put forward;
appeal to the court - for example, to evict unauthorized persons and oblige them to compensate for material damage;
application (list of documents);
date and personal signature of the plaintiff.

Please note that the number of statements of claim must be at least 3 copies (depending on the number of defendants). The absence of copies is one of the grounds for refusing to accept the claim.

Thus, unauthorized occupied residential premises are subject to release. The owner has the right to resort to one of three ways to protect his rights: write a statement to the prosecutor's office, involve a local police officer, or go to court. The privilege to evict citizens belongs exclusively to the court, and in some cases to the prosecutor. You should not engage in arbitrariness, otherwise there is a high risk of ending up under criminal charges.

Application to the district police officer for the eviction of illegally residing citizens

But that's not true. According to Art. 621 of the Civil Code of the Russian Federation, the landlord is obliged to notify the tenant of termination of the contract in advance.

Otherwise, the agreement is automatically extended for another year.

The district police officer refused, write a statement to the prosecutor's office or the CSS.
The prosecutor refused, write to the Department.

It should be noted that this permit will be issued if there are compelling reasons, otherwise the actions of law enforcement agencies will be declared illegal in court. Typically, law enforcement officers independently write and draw up all protocols, but if you file a complaint via the Internet, you must adhere to the following rules: If the owner re-entered the contract with a third party, the former tenant has the right (subject to the conscientious performance of his duties) to re-sign the contract for yourself in court. I, XXX, am the owner of XXX share in the right of common shared ownership of the apartment at the address XXX, arrived at the residential premises, but could not get into the apartment due to the fact that XXX did not let me into the residential premises without opening the door, refused to give me a set of keys to the apartment, thereby violating my legally protected right to use this residential premises. In connection with the above, I ask you to take appropriate measures against violators of the law.

After accepting the application, the duty officer is obliged to issue you a receipt of its acceptance, which indicates the date, number, and body that accepted it.

details of the plaintiff (passport);
name of the court to which the appeal is sent;
details of the disputed object (address, location);
a summary of the documents that confirm the applicant’s ownership of the property;
the essence of the application (indicate a violation of the rights to dispose of property);
justification that the defendant (tenant) is illegally in the disputed apartment (it is advisable to indicate that the owner has already indicated a direct demand against him);
claim (eviction, compensation, etc.);
date and signature.

Yes, and this happens quite often. The most common reason is that the court was not presented with compelling evidence that the plaintiff’s rights were violated. A refusal can also be obtained if the owner turns out to be wrong.

For example, he did not notify temporary residents of the need to vacate their living space 30 days before the end of the lease agreement.

Legal assistance

Wasted nerves, sleepless nights, constant stress and the risk of being refused are not a complete list of difficulties for an apartment owner when evicting citizens who have moved in without permission. Ignorance of laws and procedural norms will delay the procedure. Is it worth the risk?

Contacting a lawyer is the first step towards resolving the problem. Consulting an experienced specialist will eliminate the need to look for a solution on your own. The lawyer will tell you what to focus on when defending and how to behave with violators. A lawyer will prepare all the information for filing a statement with the police or court.

Watch a video about legal ways to evict tenants from your apartment:
Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

via the form (below), or via online chat
Call the hotline:
St. Petersburg and region

- FREE for a lawyer!

By submitting data you agree to the Consent to PD Processing, PD Processing Policy and User Agreement.

Anonymously

Information about you will not be disclosed

Fast

Fill out the form and a lawyer will contact you within 5 minutes

Tell your friends

Rate ( 4 ratings, average: 5.00 out of 5)

Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

Author's rating

Articles written

610