Eviction proceedings are among the most complex because civil rights are involved. Often, after the end of a family relationship, a dilemma arises about how to evict an unregistered person from an apartment. Often, trials regarding the rights to use the housing of an unregistered person are very often heard in court.
If possible, ask the offender to leave the living space voluntarily. If refused, if the tenant is not the owner of this premises, contact the courts. To expel him, it is necessary to file a claim in court at the defendant’s place of residence. Due to the fact that you will not be able to go to court in this case again, clearly formulate the arguments for forced eviction from the apartment so that the defendant does not have a chance to challenge the court decision.
If the tenant is registered in this apartment and does not agree with this formulation of the issue, then this procedure must be carried out through the court. A tenant without registration is evicted much easier; usually there is no need to contact bailiffs.
How to evict an unregistered citizen
It happens that grown children or close relatives bring friends or future spouses to visit them. What to do if, contrary to the parents’ will, the children brought a stranger into their home and how to expel illegal residents from the apartment? What to do in such a situation and what you should know:
- Remember that if a conflict arises, you have a legal basis to call a local police officer who will help remove the guest from your apartment.
- Without the consent of the owner, the guest can stay in your house until 23-00.
- Do not give the keys to your home to a stranger.
- Do not give written permission to register your home.
- Don't let the person living with your daughter or son pay your utilities.
- You have the right to demand the expulsion of any citizen who is not registered with you by submitting an application to the relevant police department.
- Also write a lawsuit to the court to evict this person from the premises without providing other housing.
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.
Reasons
According to the law of the Constitution, every person has the right to housing, and only a court can deprive him of this right. Such decisions are made only if there are serious reasons, which do not include the lack of registration - it does not in any way affect the deprivation of residence in a residential area.
Registration is similar to registration, but there is a difference. Registration is of a notification nature, so often the case is decided against an unregistered person.
Reasons that the court considers significant for eviction of a tenant:
- divorce;
- change of owner;
- at the insistence of the owner;
- termination of the rental agreement.
In such cases, eviction is carried out against citizens with the right to use living space without providing them with compensation or new living space. Only the owner of the property can go to court, even if he also does not have registration. The legal owner may also be left homeless but receive compensation in situations where:
- the land on which the house is located is seized for state needs;
- The house is in disrepair and is considered subject to demolition.
These cases are also decided at a court hearing, without a verdict of which any procedures will be considered illegal. In the event of arbitrary actions on the part of the municipality, the injured party has every right to demand compensation from it for the inconvenience and moral damage caused.
How to kick an unregistered tenant out of an apartment?
The expulsion of unregistered tenants depends on the reason why they should be deprived of the right to use living space. In each individual case, the conclusion of the case is made on the basis of facts and evidence. There are various nuances when moving out from different types of apartments.
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:
- Moscow and the Region
- 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
From a privatized apartment
Privatization means the transfer of living space from the state to residents, free of charge. This procedure is carried out once and means that the person who took part in it cannot lay claim to part of another living space. Any person who does not have his own part in it can be discharged from privatized housing.
If a citizen received privatized housing, but did not participate in the procedure for changing ownership, then in the future he will not have the right to dispose of this housing. He may still have the opportunity to live in it if he is registered there and is:
- child;
- dependent of the owner;
- a person who refused privatization.
Their eviction is also possible if they do not have proof of residency, but only after a legal court decision has entered into force. The judge may also grant a deferment to resolve the issue of housing for the evicted persons.
What about our self-esteem?
What most often prevents you from sending your husband out of the house, who is clearly superfluous in it, but categorically does not want to leave? Often – low self-esteem of the wife.
No matter how disgusting the husband is, this is treacherous: “What if I deserve exactly this?” The second most common reason “not to kick out” even the most lazy husband, who pretty much ruins the life of the rest of the family members: “What would he do without me?”
Therefore, the first advice is to increase your self-esteem. Finally, start appreciating yourself and your one and only unique life. Normal self-esteem, among other things, means inflexibility in implementing the decision to make your life better, to remove from it those who bring negativity.
From a council apartment
The initiator of the eviction is the municipality, which is the owner of the living space, or the neighbors. The municipality has the right to evict for:
- non-payment of utilities;
- voluntary termination of the employment contract;
- disturbing the peace of neighbors;
- inappropriate use of housing;
- the house is subject to demolition.
First you need to record the fact of violation, because not all cases are easy to prove in court. If a tenant is evicted for debt, this can be easily established. If the rights of neighbors were violated, then the protocols of the district police officer can be used as evidence. The use of housing for other purposes or its damage is noted in acts drawn up by the competent commission. But everywhere you will need an application to the court. Even for debts to utility services, eviction occurs only by decision of a court hearing.
Charms and spells against bad people in the house
In order for bad guests to take away bad thoughts, thoughts and black magic, you need to hang a garlic amulet and cast a spell on it. To do this you need:
- take a head of large garlic;
- take 9 regular sewing needles;
- stick the needles inside the garlic so that the ears stick out outside and the garlic looks like a hedgehog;
- with a small silk rope, silk color, tie the garlic near the entrance
- door or above it.
In order for the amulet to start working, you need to speak it with the words:
“Whoever enters my house evil and brings damage will take it all upon himself. Let it be so!".
Additionally, you can hang a bunch of dried or dry thistle near the door, the words of the spell are the same.
From a non-privatized apartment
Any persons registered in non-privatized housing have the same rights to reside in it as landlords. The threat of eviction from the occupied living space may not concern every tenant; for this there must be compelling reasons, for example:
- The resident grossly violates the rights of his neighbors.
- Large debts for utilities.
- The person has not lived in the disputed area for a long time.
- Damage to the apartment due to the fault of the tenant.
- Use of housing for office, shop.
To evict, you will first need to recognize the tenant who has lost the right to reside in the apartment, then write him out, and only then carry out the expulsion. Only bailiffs can recognize that a given person has lost the authority to live in a residential apartment. At court hearings, the rights of not only the plaintiff, but also the defendant are protected. Children can be discharged by agreement with the guardianship authorities if they are provided with other housing equal to the given living space.
Possible methods
Let's look at the methods you can resort to . Make it clear that there is no way forward together.
Ignore his presence nearby , pretend that you don’t notice your beloved. Keep communication to a minimum. Prepare your favorite dishes without taking into account the man's preferences. Wash and iron only your own clothes. Do not show any signs of attention, sleep in different beds . You should also not ask to make purchases or help with housework.
Invite your friends to visit you more often. Let them express surprise out loud that their roommate is still in the apartment. Discuss its shortcomings.
Try to hurt your self-esteem. For example, because he earns little, he is not so good in bed. Tell them that others are much more successful and stronger. But, when hurting a man’s pride, remember that a former lover may not be able to restrain himself and raise his hand . Use this method only if you are sure that it will not flare up.
If the appearance of a rival becomes known, the likelihood of the end of such close proximity increases. Few people will tolerate betrayal.
Eviction of an unregistered spouse
Housing acquired during marriage is joint property, and after a divorce is subject to division, unless there are any conditions in the marriage contract. Eviction of one of the spouses usually occurs in the event of a divorce from an apartment purchased before marriage. In court, you must provide a divorce certificate as proof of the legality of these actions.
It doesn’t matter at all whether the tenant has a residence permit or not, except in the case of living in municipal housing, if the marriage of one of the spouses ends, the advantage of using the apartment ends. In other situations, all issues are considered in court.
1. If the spouse has not been registered, but is the owner of the apartment, then he cannot be evicted even through the court. Registration in this situation does not play a significant role.
2. If the premises were purchased on the basis of shared ownership of the property, then the spouse can purchase another part of the housing, but only by agreement.
3. If the living space was privatized, purchased before the wedding by one of the spouses, or gifted by inheritance, then after the divorce the other spouse may be deregistered without his consent. He is obliged to leave the housing, the owner of which is no longer related by family ties. If he refuses to do this voluntarily, then the issue is subsequently resolved at a court hearing. The court may give him a reprieve to look for other housing.
4. A child after the parents’ divorce is not a former family member. Until he reaches adulthood, he can live in the living space of one of his parents.
Kick out your ex-partner once or twice: when you can and when you can’t
Legal illiteracy and excessive arrogance are the hallmarks of many men and women in divorce. “I have nowhere to go after the breakup. If I stay where I was, I’ll ruin the life of my ex at the same time,” that’s what they think. When is such behavior illegal? There are several cases when the ex-spouse should say “Thank you!” that he has not yet been kicked out and things thrown out of the window. A divorced partner cannot live in a shared apartment by law if this apartment simply does not belong to him. In this case, he can be asked to pack his bags at any time.
When is eviction not possible?
Our desires do not always coincide with our capabilities. If your ex-spouse lives in the same territory with you and does not think of leaving the premises, there may be the following legal grounds:
- they are the sole owners of the apartment, or they own a share of it;
- the apartment was registered in their name before marriage, but the deed of gift was not issued in your name;
- the property was gifted to the ex-wife or husband during the marriage;
- the housing was transferred to the ex-wife or husband by inheritance;
- another gratuitous transaction was carried out with the ex-husband or wife.
If you do not own a share of the apartment, you did not buy it together with your ex-partner during marriage, then you should be the one to worry about a new place of residence. Downloading rights is now a lost cause. If everything is exactly the opposite, you can start a war for the right to remain in your corner alone.
Eviction from an apartment without the consent of the tenant
Expulsion of a person without his consent is not an easy procedure that requires a thorough knowledge of the law. In this situation, you will need to provide irrefutable arguments for the basis. According to the law, minors are subject to restrictions.
What you need to provide:
- ownership documents;
- lawsuit;
- evidence that can legally evict the defendant.
Going to court
To evict an unregistered person, you must correctly file a claim in court. It will be considered at the place of residence of the applicant and the defendant in court. The following are eligible to submit an application:
- property owners;
- neighbors who have their rights violated.
In almost all situations, the issue of eviction is resolved in court. To make a decision you will need the following:
- a correctly drawn up claim;
- lack of relationship between the plaintiff and the defendant;
- the age of majority of the evicted tenant;
- his capacity;
- indisputable evidence of a person’s loss of rights to use living space.
The application must be drawn up in accordance with the legislation of the Russian Federation.
- The introductory part contains information about the court, the applicant and the defendant.
- The narrative block sets out the history of the controversy and the action taken.
- The motivation part describes the violated norms.
- The operative part with the plaintiff's demands.
In addition, other documents will be required that prove confirmation of the rights of the applicant and the defendant, as well as evidence of the settlement of the situation.
- birth or marriage certificates;
- rent agreement or title deed;
- acts, protocols;
- receipt of payment of duty.
Siberian rituals from Stepanova
The Siberian healer in her book offers several simple and effective ways to get rid of evil people. For the ritual you will need to draw water from a well or melt clean snow. At midnight, place a lit candle and a glass of liquid in front of you.
After this, read the spell:
A curse on lard and an old nail has no less powerful power.
On Thursday at midnight you need to put a piece of lard on the table and stick the point of a rusty nail into it.
You can protect yourself from the evil eye, damage and the machinations of enemies with the help of a magical morning ritual, which must be carried out daily.
When washing your face with running water after sleep, you should say:
How can you evict an unregistered person from an apartment?
When filing a claim, you need to rely on basic laws that will help preserve your rights. Articles 7, 11, 69 and 70 of the Housing Code of the Russian Federation indicate your legal right, according to which you can apply to the court with a request to expel an unwanted person, without providing him with another living space. Before turning to higher authorities with a claim, we advise you to come to the authorities with a request to apply sanctions to persons living illegally on your territory.
After contacting the police station, you will be given a notification filled out according to the established form. Employees are required to check the arguments set out in the claim within 10 days. You are personally given a written response, formatted according to the sample and signed by an official. If you do not agree with the court's decision, you have the right to appeal the decision to the prosecutor's office.
A spell to make guests leave quickly
When relatives are staying late and are in no hurry to leave, you need to fumigate the guest room with smoldering chicory. Thistle infusion will also help. It should be sprayed under the beds and on the sheets where the “long-livers” sleep. After the guests leave, the threshold is sprinkled with powder from bay leaf, dry garlic and cloves.
In addition to sprinkling and powder, you can read a spell to make guests leave faster. It is read once, outside the guest bedroom:
“A leaf was torn off a branch and carried into our house. As the wind brought you, it carried you further. You didn’t stay here, you set off on your own. You feel sad here, everything here is not nice. Get away from us (name) and return to your home. Amen".
If a spell against unwanted guests near the door does not help get rid of the problem, you can use tea or food. Treat an unnecessary guest for several days. This will help you get rid of his company forever.
Conspiracy from a late guest
Jump down onto your right knee, push with the fist of your right hand, bend your body strongly and say:
“Divide the fire into two sides: the fire of heaven and the fire of hell. Unite with my wish, fulfill my spell. Let the slave (name) remain (there and there) and not go (ride) (there): I command two fires, I conjure two fires. Fire of heaven and fire of hell, unite, as I said, that’s how it all happened. Word, fire, earth and servant of God I, (name). Amen".
In this prayer from unwanted company, it is important to visualize your desire. Want the guest to leave or never come, imagine how he will leave or pack his things.
Contacting the bailiff service
A writ of execution in itself is a basis for eviction, but sometimes even its presence does not allow the territory to be vacated. In this case, the owner should contact the bailiff service. This department implements court decisions.
To receive help from bailiffs you must:
- Take your ID and writ of execution and go with them to the FSSP.
- Write an application to initiate enforcement proceedings.
Next, the owner will not have to take any action, all that remains is to wait for the result.
The bailiff will notify people of the forced eviction from their premises, first in writing and then in person. If they do not want to vacate the apartment, a coercive measure will be applied to them, in which the residents’ belongings and themselves are simply evicted to the street.
A strong conspiracy to make your husband leave home forever, 3 conspiracies
When there is no other choice, the wife wants her husband to leave home forever. Unbearable beatings and daily drinking took away the hope for a happy relationship.
Kicking his husband out of the apartment, he returns again as if nothing had happened.
He often asks to borrow money and makes threats.
For the sake of peace of mind for the children, try using strong magical spells that will form a wall between your husband and home.
They will not harm him, and they will not demand a ransom.
Read also: How to turn off the fire alarm
Exactly at midnight, retire to a locked room.
Light 7 candles.
Remove your spouse from the apartment, clearly imagining his departure forever.
A once-loved person became a stranger and voluntarily left your territory.
Proceed to repeatedly and confidently whisper incandescent formulations that will help you achieve your goal.
Let my husband leave the house quickly, let him not wander around in the dark like crazy. It doesn’t bother children, it doesn’t scare people, it disappears from my life forever. Let it be so. Amen! Amen! Amen!
I read a strong conspiracy against my husband and drive him out of the house forever. Now he won’t be able to swear and get angry, he will start to avoid apartments like fire. If he dares to enter, his chest will become stuffy, and he will not be able to return without saying “sorry.” Let it be so. Amen! Amen! Amen!
I’m driving my wife out of my life forever, and I’m mercilessly creating this conspiracy. I don’t scold him for his tears and sorrows, and I don’t punish him in return for his abomination and meanness. All I want is for him to leave home and find his happiness. Let it be so. Amen! Amen! Amen!
Each plot should be read at least 13 times in a row.
When you finish whispering, blow out the candles and take away the spell sheet.
Repeat all activities in about a week.
