How to write a tenant from the apartment

Those who are looking for an answer to this question do not envy, that is, their reasons. The process of discharge of a tenant without his desire a long and troublesome, without a court costs extremely rarely. Where to go and how to behave to save time and nerves, learn from this instruction.

If a neighbor violates the rights and interests of residents of an apartment building, and also turns backlessly with their housing, it is possible to write it only through the court, according to Article 91 of the LCD of the Russian Federation. But before applying for a court, contact the municipality with the complaint of the owner of housing.

If the owner of the housing wants to write down a tenant without his consent, the only thing he can do is to apply to the court about the recognition of this tenant former member of his family and withdrawing from the registration accounting. The reasons for that can be different: for example, the divorce of the spouses, the apartment was purchased to marriage and cannot be separated. One former spouse appeals to court with a request to write down the second. He, in turn, applies a counterclaim with a request to extend registration at this place of residence due to the lack of financial opportunities for the removal or acquisition of other housing. The court, given the circumstances of the plaintiffs, can extend the right to stay in this apartment for a certain period. If the decision of the court is assumed that the family member has the right to live in this apartment, it is obliged to carry the burden of dwelling.

As for children, the right of stay for them remains under the law until the age of 18. With the discharge of children to the question, the guardianship and guardianship bodies are connected, which are controlled so that the minors do not leave without the roof above the head. As a rule, one of the conditions for the discharge of a child is that it will be registered in the apartment of a larger area at a new place of residence.

If a family member wants to write out due to the fact that it does not live in actually at this address for a long time, does not carry the burden of housing, it is worthwhile to go to court with a competently compiled claim. The court is important that the person is informed that the requirements are stated in relation to him. It is possible that the applicant does not know the location of the tenant and does not support him with him, in which case its presence is not necessary.

When issuing a contract of donation to avoid the situation when the former owner is expelled from the apartment to the street, in the Dear Treaty, it is necessary to include an item on the right of lifelong residence of the former owner in this home. Then you provide yourself with all legal guarantees that you will not be discharged without your consent.

If the apartment is privatized by several members of the family, no one will not be able to write out without their consent. If a relative agrees, but it cannot be present at discharge, it is necessary to take his power of attorney in your name, an application for an extract and his passport and bring it all the passportist. If he has already registered at a new place of residence, it is enough to provide documents containing information about the current registration in the passport table. It is desirable that being written personally attended the deregistration procedure.

The main controversial issues are covered. Of course, in each situation there are quite a few nuances requiring separate consideration. The procedure is greatly simplified if it is not against. In this case, he must personally contact his passport and fill out there a statement on the established form of deregistration. For any questions relating to the extract of anyone from the apartment, you can contact your passportist and get instructions about further actions.