How to legally kick your partner out of the house if he doesn’t leave

Home / Housing disputes / How to evict a roommate from your apartment?

“Civil marriage” and cohabitation do not guarantee lifelong love and harmony. Very often, people’s paths diverge, which means it becomes necessary to evict a roommate from your apartment. If there are no conflicts, the person will move out on his own. But it also happens that the roommate harbors a grudge and refuses to move out of the apartment.

What to do in this case? Is it really possible to evict only the ex-spouse, but not to kick out the cohabitant? There are differences, of course. We offer step-by-step instructions and procedures on what to do if your roommate does not want to move out of your apartment.

We also recommend that you read “How to expel a roommate from an apartment without his consent?”

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.

Give your friend a fait accompli

If you are not ready to engage in long discussions with balanced arguments and other diplomacy, you can simply tell your friend to vacate the premises. This is the fastest-acting method, but with a high risk of losing good relationships.

However, if you both have common sense and are considered good friends, all these circumstances will not disturb your friendship.

• Author: Dmitry Petrosyants

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).

Additionally

You should stock up on copies of all attached documents so that you can confirm that you are right at any time. What papers should you keep ready? Birth certificates, marriage and divorce certificates, documents confirming ownership, various acts and protocols. If you cannot immediately achieve the desired result, do not despair. You need to persistently pursue your goal, collecting evidence and arguing with facts that could not be argued with.

Thus, there are several solutions in a situation where people can no longer continue to live under the same roof. And if it is no longer possible to reach an agreement peacefully, we have to resort to more serious methods of resolving the conflict. Here you should not be shy and try to limit yourself in every possible way, to prepare yourself to endure depressing circumstances. There's really nothing more important than being comfortable in your own space.

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.

Realize that your decision can really ruin your relationship.

Breaking up with a friend or loved one can be stressful for both of you and lead to lingering resentment. However, you must be clearly aware that leaving your friend at home will not end well either.

If you are constantly in confrontation with each other, are being taken advantage of, or are simply not right for each other, your relationship may one day become toxic. To prevent this, you need to make a clear decision and ask your friend to move out.

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.

Features of the eviction procedure

When a couple has not officially dissolved their marriage, then by law they are official spouses, and therefore can occupy a common apartment. When a divorce takes place, specific situations need to be considered. Eviction is relevant if the following factors occur:

• breaking windows;
• wife beating;
• breaking doors.

Such actions by the faithful are illegal and therefore fraught with criminal liability. But when your spouse is going to kick out your husband, you need to prepare:

• obtain confirmation from neighbors about the man’s antisocial behavior;
• confirmed facts of frequent calls to the police, confirming the wrongful actions of the faithful;
• provide a certificate of damage received.

When a woman often contacts the police, and the officers are not particularly helpful in pacifying her violent husband, then you need to contact the prosecutor’s office.

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?

First of all, understand why you want him to move out.

Before you enter into a conversation with your roommate, you need to clearly organize everything in your head. To begin with, you can remember your agreements during the period when he just stopped by to see you. Perhaps there were wordings like “I’ll come to you for the first time, and then immediately leave.”

There may be no certainty in the phrase “at first,” but if, in your subjective opinion, a year of living together is too much, then you’re right.

After that, make a list of specific circumstances that will be a powerful argument against cohabitation with your friend. The reason “I don’t like living with him” is, of course, weighty, but not the most appropriate.

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You need more specific facts, like “he doesn’t wash the dishes”, “he doesn’t chip in on food”, “he said he would quit a few months ago” and so on. All these circumstances are trump cards in the game against your neighbor.

You must understand that you have a difficult conversation ahead of you, which will certainly spoil your relationship. But living together with dissonance will also not bring anything good to your friendship.

Pre-trial settlement of the issue

In any case, you must demand that your roommate leave and vacate your living space: this is the only way to prove to the court that you tried to resolve the issue peacefully. To do this you need:

• Draw up a notice in two copies. Describe your requirements and the reasons for their appearance.
• Give the notice to your former partner with a request to sign the second copy.
• Obtain testimony in case the cohabitant refuses to accept the notice and sign. There is also the option of sending by registered mail - in this case the recipient is required to sign.

Possible mistakes

You should not consult with relatives in making such a responsible decision as evicting your husband from the apartment

1. It is unacceptable to use blackmail. You need to understand that this person was once your favorite, and you must treat him with respect. If a woman stoops to threats and begins to put pressure on the weaknesses of her ex-partner, she is acting immorally.
2. You cannot harm your spouse in any way. Whatever emotions overwhelm you, you must contain them. Don’t even think about damaging his clothes or documents.
3. It is unacceptable to involve family and friends in your divorce process. A woman must figure everything out on her own. You don't need to listen to anyone's advice.
4. Kick your husband out of the apartment without warning, even if it is your own. This will be vile, especially if the man does not even realize that they want to divorce him. If you see that you cannot continue to live with this man, then you must offer him some alternative option or at least inform the man in advance so that he can figure out where to move.
5. If a girl has made a decision, she is ready to get a divorce and never see her husband in her apartment again, then you should not maintain a romantic relationship, much less agree to sex.

A woman should treat her husband humanely, have a heart-to-heart talk with him, explain her position, find out her husband’s opinion and tell him hers.

Possible methods

You can regularly arrange get-togethers with your friend, wash your husband’s bones

If you are struck by the thought “I want to kick my husband out of the house, but I don’t know what to do,” then you can use one of the options below.

1. Do everything to make your spouse feel out of place in the apartment. Deny him attention, sleep on different beds. Prepare only those dishes that you like, do not take into account his preferences. Don't ask him to go shopping or help with housework. See yourself as if you don't notice him.
2. Stop being affectionate with your husband, communicate with him dryly, and do not fulfill requests. Invite your friends over more often. Let them express their surprise that the man still lives in this apartment. Discuss his shortcomings with them.
3. Do everything to lower your ex-lover's self-esteem. Say that he earns too little, that he is a complete nonentity in bed. Give examples of other people who are more successful, beautiful, strong. However, a woman must be prepared for the fact that behaving in this way will hurt a man’s pride. In response, a man may lose his temper and hit his wife.
4. The most radical method is the appearance of a new man in a woman’s life. It is unlikely that the spouse will be able to tolerate the rival. Only if he has completely lost his self-respect.
5. Some wives manage to introduce their husbands to another woman. They do this so that she will lure him into her network and lure him into her home.

It is unacceptable to throw away your husband's things or damage them in any way, otherwise you will be held accountable before the law.