If a person who does not live in it is prescribed in the apartment, or you disagree with his accommodation there, it brings certain inconveniences to the owner. To write down such tenants is better as quickly as possible. In the case when the discharge occurs by mutual consent, no difficulties will arise: the tenant appeals to the bodies at the place of residence and, after writing a statement, it is immediately written out. However, there are different life situations, and a person prescribed in the apartment may not agree with your desire. Then you should get knowledge on this topic and contact the relevant authorities. How exactly the accommodation takes place and that for this you need to learn in this article.
How to write a person from a privatized apartment
To begin with, you need to clarify to whom it was precisely privatization. If the owner has become soles alone, then the procedure is easier. If you need to write down the spouse, then the task is complicated.
- If you privatized the apartment before marriage, then after its termination, the spouse loses any right to use this property, even just like his relatives.
- When privatization was married and you both are owners: it doesn't matter, the spouse participated in privatization or not, he still has the right to live there. This is a very controversial situation, to deal with only the court.
- If a person is registered in this apartment, but he does not pay utility payments, there is no long time, you can try to evict it through the court. A decisive factor can be the registration of this citizen elsewhere.
The procedure for extracting a person from a privatized apartment
To begin with, you need to notify the tenant orally that you intend to solve the issue of extracting through the court.
- It is important to compile a competent statement of claim. Contact your good lawyer for help, since the lawsuit needs all the nuances of your situation. If you think that they are able to win the case, then write an application yourself.
- Take it to the district court at the place of residence. When you need to have a passport, a complete package of documents for an apartment, you can read more about them in the article What do the documents on the apartment look like, documentary causes of eviction, for example, a certificate of termination of marriage, detention, receipts about non-payment.
- After that, you can only wait for the court decision.
Unfortunately, the law provides for a lot of nuances regarding prescribed family members in the apartment. For example, if the material position of the tenant does not allow him to find another apartment, you may be obliged to do it for him, or continue its content at home. This also applies to citizens in custody. Coming out to freedom, they may require enter themselves back, as well as cancel the sale of the apartment, if it took place. Be very careful to those who fit into your apartment.
How to write a person from the municipal apartment
Many people absolutely do not imagine what to do with disagreeable tenants if the apartment is not in your property, but municipal. The thing is that all your actions, regarding another tenant, will pass through the housing foundation. The procedure for action in this case is:
- First, you make a complaint to your housing fund with a clear indication of discontent. Suppose your application documented, for example, if we divorced my spouse and now you want to evict it.
- After that, you can go to court if the housing fund did not satisfy your request. In the district court you will need a statement of claim, passport and documentary evidence if available.
To enhance the chance of victory, hire a competent lawyer from these issues.
Who can be discharged from the municipal apartment
Any residents that bring you any inconvenience can be subjected to discharge and eviction.
- Your spouse, with whom you divorced and do not want to live under one roof.
- Neighbors leading a rampant lifestyle or not paying bills.
- A citizen uses residential location.
To this list, many other items can be attributed to this list, which at least to some extent prevent your tranquility. Most often, the problem is solved at the stage of appeal to the housing foundation.
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