Statement of claim for eviction from an apartment: sample 2021

Under certain circumstances, it is quite possible to find yourself in a situation where you are faced with the issue of eviction from a residential premises. This can happen completely legally or through fraudulent means. In each case, it is necessary to be prepared both morally and legally.

This article discusses everything related to eviction from a residential premises on legal and illegal grounds. Methods of conduct, documentation used, drafting and filling out relevant legal texts. We will divide this text into several parts, in each we will raise and resolve an issue relating to a separate case. We will consider legal evictions carried out on illegal grounds and methods of counteraction, and we will also separately raise the issue of evictions of minor children.

Grounds for eviction of a person from an apartment

The procedure is closely related to deregistration from the apartment. But these concepts are different. Eviction is a measure of the actual vacancy of living space, while deregistration from an apartment cancels a person’s registration.

The legislation clearly establishes the reasons why an apartment owner can evict tenants by filing a claim:

The need to sell/exchange/donate/bequeath/mortgage an apartment

Eviction is possible in accordance with Art. 292 of the Civil Code of the Russian Federation. The initiator is the owner of the apartment, who has the right to evict former family members in court. Note that in this case, family members are not only parents, children and grandmothers, but also complete strangers.

Expiration of the rental agreement

Expert opinion

Grigoriev Egor Kirillovich

Legal consultant with 7 years of experience. Specializes in criminal law. More than 3 years of experience in protecting legal interests.

Eviction also occurs after the lease agreement is terminated. The landlord (legal owner) asks the former tenants to move out of the apartment. Refusal to do this voluntarily forces the owner to evict them through the court (Article 688 of the Civil Code of the Russian Federation).

Termination of family ties

A clear example is divorce. The former spouse registered in the apartment is deregistered and evicted “to nowhere” on the basis of Art. 31 Housing Code of the Russian Federation. This can happen either by consent or by force (see “Eviction of a former family member of the owner”).

Eviction issues give rise to controversial situations. There are cases when the owner checks a person out of an apartment, but allows him to live in it. Legal relations are formalized in the form of an agreement for living in an apartment. The expiration of the contract automatically terminates the person’s right to reside in the residential premises.

How to act correctly

If the owner begins to evict illegal tenants, then it is first important to file a corresponding complaint with the police. A sample application to evict an illegal resident can be downloaded below for free.

Sample application for eviction of an illegal resident.

It is important to choose your police department wisely, since each department deals with different crimes.

If the tenants threaten the owner with violence, then under Art. 119 of the Criminal Code, you must contact the local police officer.

Article 119. Threat of murder or grievous bodily harm
1. Threat of murder or infliction of grievous bodily harm, if there were grounds to fear that this threat would be carried out, -
shall be punishable by compulsory labor for a term of up to four hundred eighty hours, or restriction of liberty for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of up to six months, or imprisonment for a term of up to two years.
2. The same act, committed for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity against any social group, -
shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or without one.

If physical force has already been used, then you will have to file a statement with the criminal investigation department under Art. 111 of the Criminal Code.

Article 111. Intentional infliction of grievous bodily harm
1. Intentional infliction of serious harm to health, dangerous to human life, or resulting in loss of vision, speech, hearing or any organ or loss of organ functions, termination of pregnancy, mental disorder, drug addiction or substance abuse, or resulting in permanent disfigurement a person who has caused a significant permanent loss of general ability to work by at least one third or a complete loss of professional ability to work, known to the perpetrator, -
is punishable by imprisonment for a term of up to eight years.
2. The same acts committed:
a) in relation to a person or his relatives in connection with the performance of official activities by this person or the performance of public duty;
b) in relation to a minor or another person who is known to be in a helpless state by the perpetrator, as well as with special cruelty, humiliation or torture for the victim;
c) in a generally dangerous manner;
d) for hire;
e) for hooligan reasons;
f) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity towards any social group;
g) for the purpose of using the victim’s organs or tissues;
h) with the use of weapons or objects used as weapons -
shall be punishable by imprisonment for a term of up to ten years, with or without restriction of freedom for a term of up to two years.
3. Acts provided for in parts one or two of this article, if they are committed:
a) by a group of persons, a group of persons by prior conspiracy or an organized group;
b) in relation to two or more persons, -
c) has become invalid. — Federal Law of December 8, 2003 N 162-FZ
shall be punishable by imprisonment for a term of up to twelve years, with or without restriction of freedom for a term of up to two years.
4. Acts provided for in parts one, two or three of this article, resulting in the death of the victim through negligence, -
shall be punishable by imprisonment for a term of up to fifteen years, with or without restriction of freedom for a term of up to two years.

The first step is to write a statement to the district police officer about illegally residing citizens.

The whole process is divided into stages:

Initially, a warning is sent to residents, on the basis of which they must leave the property;
it is compiled in writing;
if there is no response, then you will have to contact the district police officer, but the applicant must have all the documents for the apartment confirming his right to this object;
the district police officer conducts a conversation with citizens living in the apartment illegally;
They draw up an order for eviction and a protocol.

If all the steps taken do not produce results, the homeowner will have to go to court.

There are several reasons why you can evict citizens who do not have the right to live in housing.

This includes unauthorized occupation of residential premises or residence on the premises at the end of the tenancy agreement.

An important circumstance would be damage to housing or extortion.

If residents violate the rights of their neighbors, then a collective complaint can be made to the police, which is considered much more quickly and in more detail.

How to correctly file a claim for eviction in court?

Before filing a claim, you need to determine the requirements for the court. The plaintiff makes either one claim or writes several. Cases involving eviction from an apartment usually involve a general requirement - to remove a person from the registration register and evict him from the apartment (if he lives in it at the time of the dispute).

What should be in the statement of claim:

The upper right corner of the application is intended to indicate the name of the court and data of the participants in the process (full name and address as in the passport).
Below is the name of the document - “Statement of Claim...” (it wouldn’t hurt to clarify that the person being evicted is a tenant).
Grounds for evicting a person from the living space he occupies - the plaintiff must confirm that the apartment is his property. Be sure to provide a list of persons registered in the apartment (the defendant must be on the list). Then, the person to be evicted is indicated. Below, the plaintiff indicates on what grounds he is evicting the defendant - due to divorce, deprivation of parental rights, etc.
Information about the pre-trial procedure for resolving a controversial situation - judges look at whether measures were taken to evict peacefully. This is usually a written notice/warning to the defendant by the plaintiff. Neighbors on the landing, relatives, and friends can confirm the fact of an attempt to resolve the issue peacefully. It is also advisable to include written evidence - for example, a notice to the defendant signed by him. If a signature was not received, it is better to record the refusal in the presence of neighbors.
Requirements to the court - indicate the address of the apartment, and a request to forcibly evict the tenant.
List of documents attached to the claim (copies).
*Additionally, the plaintiff may petition to subpoena witnesses on the issue under consideration. This is agreed upon at the preliminary hearings.
The final part of the statement of claim is the date and signature of the plaintiff.

The statement of claim can be handwritten or typed using a computer. The most important thing is that the document does not contain errors and is drawn up in accordance with civil procedural rules. The claim is then filed with the district court clerk. According to paragraph 3 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 14 of July 2, 2009.

How to file a claim correctly

It is fundamentally important, even before filing a claim for forced eviction, to notify the tenants that such a procedure may be carried out against them. The notice must be drawn up in writing in free form and handed over to the residents against signature. If they refuse to sign the document, then the refusal must be recorded in the presence of at least two witnesses.

Only after this can a statement of claim be filed. It must have a clear structure containing:

introductory part (the so-called header);
descriptive part;
operative (claims).

Introductory part

In the header of the statement of claim, the plaintiff must indicate:

Details of the judicial authority to which the claim is filed (name and address). As a rule, the claim is filed in the district or city court at the location of the residential premises.
Details of all parties to the process. It is necessary to indicate the last names, first names and patronymics of all participants in the court hearing, as well as their addresses and, if possible, telephone numbers and E-mails.
Name of the claim.

Descriptive part

In this part, the plaintiff must set out the grounds for forced eviction:

indicate whose property the residential premises are located;
list all residents and name the circumstances why they were moved into the apartment;
name the grounds on which the tenants should be evicted (termination of the lease, divorce, etc.);
information that the tenants were warned about the impending eviction and about their reaction to the notification, for example, “the defendant was repeatedly warned, including in writing, that he must leave the premises, but did not take any measures for voluntary eviction ";
information about witnesses, for example, neighbors, who can confirm evidence of inappropriate behavior by residents.

The operative part

In this part, the plaintiff indicates a requirement to evict the tenant from the area he occupies. It is necessary to indicate the exact address of the residential premises from which the plaintiff demands to evict the defendant. Here the plaintiff must indicate all witnesses with a request to summon them to the court hearing. Also, the plaintiff must, in addition to the last name, first name and patronymic of each witness, provide their address and, if possible, telephone number.

After the operative part there is a numbered list of all attached documents, as well as the date and signature of the plaintiff.

Sample statement of claim for eviction from a privatized apartment

Introductory part:

the first line is the name of the court that serves the area where the apartment is located;
second line – full name and address of an individual, or legal address of an organization.

Descriptive part:

an indication of the circumstances that led to the emergence of a controversial situation regarding eviction from the apartment (for example, the tenant does not want to move out of the apartment after the end of the lease agreement);
confirmation of the validity of eviction from the living space (certificates, extracts, copies of agreements, acts of government bodies);
information about attempts to reach an agreement peacefully (witness testimony, written notices).

Motivational part:

legislative justification for your position and conclusions on the current situation (references to the norms of the Housing Code, the Investigative Committee, the Civil Code of the Russian Federation).

Resolution part:

statement of demands to the court - to evict the defendant from the area he occupies/remove him from the registration register.

Documents attached to the statement of claim (list).

This is important to know: Appealing a determination to accept a claim

Date and signature of the plaintiff.

Please note that the plaintiff must invoke his right as an owner. Usually this is part 4 of Art. 31 Housing Code of the Russian Federation or Part 1 of Art. 35 Housing Code of the Russian Federation. Each case is individual, so you need to correctly assess your chances.

The nuances of evicting neighbors

Legal acts of the state provide various tools to protect the peace of law-abiding citizens from troubled neighbors. Each type of housing - communal or rented apartment, dormitory - provides its own procedure for expelling unscrupulous persons from the building. Therefore, in each individual case a separate technique is used.

Rental apartment

You have the right to evict noisy neighbors who occupy rented housing and constantly violate public order or sanitary standards for the following asocial aspects:

alcoholism;
constant floods from above;
placement of production equipment and conduct of business activities.

Of course, it will not be possible to simply confiscate the agreement from your neighbors to live in an apartment; you will need to collect an evidence base of violations and then present it to the court.

To support the grounds, it is necessary to collect the following documents:

A joint appeal from the residents of the house regarding the antisocial or immoral behavior of the tenants disturbing the peace of the neighbors. Previously completed appeals to various authorities and police reports will be useful.
In the absence of hygiene - a conclusion from the sanitary and epidemiological station on violation of living standards in a multi-storey building, acts on the placement of production equipment, explosive and flammable liquids on the area.
Copies of citizens’ appeals to dysfunctional, asocial neighbors to carry out repairs in the apartment or eliminate unsanitary conditions. Inadequate maintenance of the premises is a threat to the integrity of the entire building.

The package of documents will serve as good confirmation that citizens have already contacted government authorities more than once and insisted on eliminating the problem.

Evicting a neighbor living under a contract

What cannot be done with an apartment without the consent of the neighbors

Occupying space under a contract without specifying its validity period - social rent - also counts tenants among the total number of residents of a multi-storey building. The first is to comply with the rules of residence and sanitary conditions. If restless neighbors do not adhere to the rules and do not give in to verbal persuasion, then you should warn them in writing.

If you continue to ignore others, you should contact the local inspector to apply pressure.

If the measures taken do not help to calm down the drunkard or rowdy, then you can safely sue them in court, attaching the necessary documents to the statement of claim. The matter is simplified by the fact that new tenants do not have ownership rights to the premises. Particularly restless neighbors have the right to be evicted to nowhere through the court, without providing subsequent housing. This factor may play a major role in their future behavior.

A similar disposal procedure is also suitable for citizens occupying municipal housing. Only in this case you need to contact the municipality rather than the court. The department independently initiates the proceedings. Of course, the situation may change after several verbal and written warnings. If noisy neighbors continue to ignore legal requirements, they face eviction.

Evicting a neighbor from a communal apartment

This type of living space is also a place for multiple families to live.

Therefore, it seems possible to evict neighbors from a communal apartment based on the following factors of their behavior:

malicious drunkenness, constant loud arguments not only during the day, but also at night, and other antisocial aspects;
pollution of common living space with garbage;
disdainful attitude towards apartment property - gas stove, water heater, kitchen table;
littering public property areas, violating hygiene standards in shared bathrooms;
illegal redevelopment of a personal room, which entails damage to the building or a threat to human life.

The court will consider as evidence the testimony of neighbors, police reports, and acts of authority. Photographs confirming the action will also be useful. Recording of violations on film or electronic media must be carried out jointly with other citizens of the isolated premises within the framework of the law.

How to call to order if your neighbor owns an apartment

The situation becomes somewhat more complicated if the citizen subject to expulsion is the owner of real estate or part of it. To evict an alcoholic neighbor from a privatized apartment, you will have to contact the board of guardians or trustees if he has young children.

Employees of the organization will conduct an inspection of the premises and draw up documents that will later serve as elements of the evidentiary basis for the claim.

The list of papers has been expanded with the following submissions:

act or a copy thereof of the sanitary and epidemiological station;
appeals or second copies that were repeatedly sent to the owner of the property, acts of the management company about frequent floods due to carelessness;
written registrations of visits by the district police officer or other police officers.

Collectively drawing up a statement with numerous signatures will add weight to the existing evidence. It is possible to get rid of a dysfunctional neighbor who owns a home or a share of the premises, but it will require some time and effort.

Documents attached to the claim

Situations can be very different. Consequently, the documents will be different.

The main list of documents for the claim for eviction from the living space (copies):

receipt for payment of state duty - 300 rubles (original);
a statement of claim for the eviction of a person from an apartment (privatized or municipal);
plaintiff’s passport/legal entity documents;
confirmation of registration of property rights to housing - now they issue extracts from the Unified State Register of Real Estate, and until 2021 there were certificates from Rosreestr;
document of title – purchase and sale agreement, gift, certificate of inheritance, etc.;
extract from the house register - information about the residence of the evicted person at the specified address;
divorce certificate - taken from the registry office;
protocols on administrative offenses, written testimonies of neighbors, conclusions of guardianship authorities and other documents on the case.

The number of submitted copies of documents and claims must be greater than the number of defendants. Additional materials will be needed if witnesses will be present at the hearing. At the request of the judge, the plaintiff presents the originals of documents submitted to accompany the claim.

Read about the nuances of the legal process in the article “Forced eviction from an apartment through the court.”

Attached documents

To the statement of claim, the plaintiff must attach a receipt for payment of the state duty (the original is required), as well as, depending on the circumstances, some other documents, for example:

title documents for residential premises;
copy of personal account;
apartment rental agreement or social tenancy agreement;
divorce certificate (if the owner evicts the ex-spouse);
an eviction notice signed by the tenant or two witnesses (if the tenant refused to sign);
any other written evidence that could help the court make a positive decision.

In addition, copies of the statement of claim according to the number of defendants plus one copy must be attached to the claim.

Legal assistance

A statement of claim for eviction from an apartment is only a small part of what is required from the plaintiff. The applicant must provide sufficient evidence to support his case. The defendant will not be evicted if you do not argue your position and refer to legal norms. Judges are very scrupulous in matters of eviction, so even the simplest cases are considered with bias. Not to mention disputes involving minor children or disabled people. Lack of skills to participate in the legal process can make it difficult to evict an apartment. Or it will seriously delay the process.

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.

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Eviction of ex-spouse by owner of residential premises

Statement of claim for the eviction of the ex-wife by the owner of the residential premises with comments. The right to use residential premises owned by one of the spouses is terminated by the second spouse due to divorce.

Statement of claim by the apartment owner for the eviction of the ex-spouse with comments. After divorce, the spouse does not vacate the residential premises owned by the other spouse.

Statement of claim for eviction of a former spouse, termination of the right to use residential premises, comments. The plaintiff also refers to the fact that the defendant (ex-spouse) has property, with the money from the sale of which the defendant can provide himself with other living quarters (the defendant has his own residential building, a share in the right to living quarters, or a car, funds in deposits , other property).

Statement of claim for eviction of a former family member of the owner from a residential premises, deregistration, comments. Sample claim for eviction of ex-wife and deregistration.

Statement of claim for the eviction of a former spouse from the owner’s apartment. Some comments.

Statement of claim by the owner for the eviction of his ex-wife from the apartment, comments.

Statement of claim for the owner's eviction of the former spouse from the residential premises. Sample claim for eviction of a former spouse in connection with the termination of family relationships and divorce.

Evicting neighbors who are disturbing your life

Expulsion of residents from their place of registration is an extreme measure of pressure on a restless neighbor who, through personal actions and actions, creates a possible threat to the life and physical health of others.

The prerequisites for the alienation of the area are the following:

Constant disturbances of peace and quiet. According to approved standards:
CH 2.2.4;
SanPin 2.1.2.
The noise level at night - 23.00-7.00, should not exceed 40 dB, during the day - 55.
Ignoring the rights of people in the premises.
Intentional damage to an apartment or house.
Use of housing for purposes other than its intended purpose.
Illegal redevelopment.
Violation of fire safety rules and sanitary standards.
The presence of mental disorders in the resident is confirmed by a medical report.

Typical noise intensity in residential buildings

Citizens also have the right to evict neighbors who are alcoholics or for their constant bickering with others and hooligan behavior.

Evicting neighbors for noise

You can evict unruly neighbors for making noise, but you will have to collect evidence for this.

Violations of legal silence are the following factors:

constant loud music at night;
strong screams, talking, swearing;
noisy construction work lasting more than three months, regardless of the time of day;
loud singing, playing various musical instruments.

To record constant noise, you will have to resort to the local police officer to confirm and draw up a protocol. The document will serve as evidence when going to court.

How to kick a neighbor out of an apartment for constant fights

Deboshirov also has the right to be held accountable. They don’t have to be rude and rude to their neighbors; it’s enough that loud noise comes from their apartment. Registration of the fact of disturbance of peace must take place with the participation of a police officer.

For unsanitary conditions

Dirt on staircases and flights, a countless number of cockroaches, complete unsanitary conditions can serve as a reason for expelling neighbors from the apartment.

A similar situation occurs under the following circumstances:

keeping several animals at home that are not subject to mandatory care;
deliberate cluttering of living space with waste, garbage, or due to the presence of certain mental disorders.

This also includes arranging your apartment as a repair shop for wood or metal products, with the constant use of paint or varnish. The foul odor not only fills the premises, but also affects the physical health of the neighbors.

Cluttering of the apartment, dirt, is a circumstance for contacting not only the district police officer, but also the city department of the sanitary and epidemiological service, Rospotrebnadzor.

Inappropriate use of residential premises

Some citizens with an entrepreneurial spirit are converting their apartments into offices and warehouses filled with flammable substances. Others have gone even further - they set up mini-gardens for children in their living space.

Such actions by neighbors can be considered as an infringement of the rights of citizens who live in the same entrance and house.

If such violations are detected, citizens living nearby must contact various authorities:

to the local police officer, who will draw up a protocol confirming the unlawfulness of the neighbor’s actions;
district or city Administration, with the presentation of this document.

Apartments are intended for living, but not for economic or commercial activities. The first time troublemaker will be subject to an administrative penalty of 1,000 rubles. However, if this measure is found to be invalid, then the housing office will consider eviction from the premises.

Of course, intractable neighbors have the right to sue and appeal the management company’s decision, but they will have to prove that they are not involved in what is happening in their apartment.

Eviction of relatives and other persons at the request of the owner

Statement of claim for the eviction of a former family member of the owner, as well as comments thereto. The defendant is any person moved in by the owner of the residential premises as a member of his family (ex-spouse, adult children of the owner, his uncle, aunt, grandchildren, other relatives or unrelated persons, for example, cohabitants), but who has lost the right to use the residential premises due to the termination of family relationships.

Statement of claim by the owner for eviction, recognition of the loss of the right to use the residential premises. Comments on the claim.

Statement of claim for the eviction of a former family member of the owner from the apartment. Sample claim for eviction of a former family member of the owner from an apartment, recognition of the defendant’s right to use the apartment as terminated. The plaintiff refers to the fact that the defendant is not a member of the plaintiff’s family, they do not run a common household, and no agreements were concluded between them regarding the use of residential premises owned by the plaintiff.

What kind of person can be considered an illegal resident?

Illegal residents include those who do not have this right from a legal point of view (including those who have lost it):

Not the owner of the privatized apartment (or his relative).
Not registered in a municipal apartment.
Former owners (for example, after the sale of an apartment).
Those who have lost the right to live in municipal housing (for example, in a service apartment after the end of a work contract).
We rented out the property, and after the end of its term, the temporary residents do not want to move out.
The rent agreement under which the person previously had the right to live in the apartment is terminated.
The husband or wife was registered in an apartment that is not joint property, and then a divorce occurred.

Note: Property purchased during marriage becomes community property. That which was acquired before him or received by will or gift is personal property. After a divorce, the former spouse does not retain any rights to it.

We told you how to properly evict your ex-spouse from an apartment if he is not the owner.

The forced eviction procedure is quite complex and may have its own nuances in different situations. Individual articles from our experts will help you understand some of them:

What are the grounds for eviction from an apartment by the owner?
On what grounds can the owner be evicted from the apartment?
How to properly evict tenants from a communal apartment?
What are the grounds for eviction from a non-privatized apartment?

Eviction of family members of the previous owner by the new owner

Statement of claim by the new owner of the residential premises for eviction, recognition of the family members of the previous owner as having lost the right to use, and deregistration. The plaintiff purchased residential premises, however, family members of the previous owner (seller) do not vacate the disputed residential premises and retain registration in it at the place of residence.

We recommend: all claims for eviction, recognition as having lost the right to use residential premises, recognition as not having acquired the right

What if there is not even temporary registration?

The law requires that 3 months after moving into a communal apartment (for various reasons, for example, a friend came to visit), a temporary registration of a person must be carried out at his location. The peculiarity of this situation is that such a person may have registration in another place. But his permanent residence (in our case, a communal apartment) must be recorded.

The meaning of temporary registration is that a person bears responsibility at his location (for example, pays utilities). Well, I used my rights, of course (for example, a clinic). Lack of temporary registration is also considered a violation and entails eviction according to the scheme discussed above.

Important! According to 19.15.1. Code of Administrative Offenses of the Russian Federation, an employer who allows a person to live in a communal apartment without registration will pay a fine of 2 to 5 thousand rubles, and an illegal tenant - from 2 to 3 thousand.

Procedure

If the owner has grounds to evict a tenant, the first step should be to notify the tenant that the latter is violating the rules of residence and may be evicted. Sometimes such notice is enough for the offender to stop illegal actions and the eviction procedure is not required.

Expert opinion

Grigoriev Egor Kirillovich

Legal consultant with 7 years of experience. Specializes in criminal law. More than 3 years of experience in protecting legal interests.

If the tenant did not heed the warning and continues to violate the rules, then the next step of the landlord should be an ultimatum to vacate, indicating the time period within which the tenant must move out.

This is important to know: Statement of claim for recognition of the loan agreement as not concluded

From a council apartment

In this case, eviction is possible in two ways:

the tenant is evicted from this residential premises, in return he is given another, of equal or not value;
a tenant is evicted from their apartment without being provided with other housing.

The grounds for eviction under the first option may be:

Recognition of the apartment as unfit for habitation. In this case, the tenant must be provided with another residential premises of equal size in return.
The building in which the apartment is located is subject to demolition. Equal housing must also be provided in return.
The house is scheduled for major renovation. Equivalent living space in return.
The tenant does not pay for his/her accommodation for more than six months. In return, residential premises should be provided at the rate of six square meters per resident.

Other living quarters are not provided upon eviction for the following reasons:

The apartment was not used for its intended purpose, for example, it was converted into an office, retail space, warehouse.
The residents occupied the apartment without permission.
The parents have been deprived of parental rights and, by court, are excluded from living together with their children.
The lease agreement has expired or been terminated.
Residents carried out illegal redevelopment. In such cases, if the redevelopment could not be legalized, the municipality may terminate the social tenancy agreement.

Not the owner registered in the residential premises

First, it is necessary to remove such a citizen from registration. If the tenant does not agree to do this voluntarily, then it is possible to discharge him only through the court. It must be borne in mind that if deregistration of an adult resident is quite simple, then deregistration of a minor child will require considerable effort and sufficient grounds.

Illegally residing citizen

If the owner of the apartment has enough evidence that the tenant is living in the premises illegally, then evicting him will not be difficult. If the demand for eviction does not take effect, the owner files a claim, attaches evidence of the illegality of living in the citizen’s apartment, and the court makes a decision on eviction.

For debts on utility bills

If the tenant owes more than six months of utility bills, then it will be enough:

provide evidence of debt to the court;
invite employees of the management company or housing and communal services as witnesses.

Former spouse who is not the owner of the residential premises

If the residential premises were owned before marriage, then evicting the ex-spouse after the divorce will not be difficult. It will be enough to provide the court with the title documents for the residential premises and a divorce certificate as evidence.

From a communal apartment

If one of the residents in a communal apartment causes problems and inconvenience to neighbors, violating their rights, then the latter will need to write a class action for the forced eviction of the rowdy, in which they indicate all the violations of the “noisy” neighbor and evidence of these violations.

The procedure for eviction of illegally residing citizens from residential premises

In cases where a citizen illegally living in a residential building refuses to leave it voluntarily, the owner of the apartment or house has to turn to any government agency for help: the police, the prosecutor's office, the court.

The wrong step would be to try to evict the offender yourself using some forceful methods or even use physical force against them. In this case, it is very easy to suffer yourself or, on the contrary, to find yourself breaking the law.

Of course, the process of eviction by legal means does not always happen as quickly as we would like; it requires patience and some preliminary preparation.

First, it is necessary to clarify whether a citizen is actually living in a residential building illegally; if he claims that he has legal grounds to be in the apartment, he must have documents confirming these grounds, namely:

move-in warrant;
contract of sale;
document on privatization of residential premises;
social tenancy or rental agreement;
deed of gift for an apartment;
document on entry into inheritance;
any other document that can confirm the legality of being in this residential premises.

If a citizen does not have any of the above documents, he is subject to eviction as an illegal resident of the apartment.

There are several ways to get rid of the intruder and evict him from the residential premises he occupies.

Contacting the police

The first of them is to apply to the local police officer. This is especially true if illegal tenants not only do not want to move out, but are also rude, make threats, use physical force, and damage the property of the owner of the premises.

In this case, a criminal article may be applied to them, which will depend on the severity of the consequences of the guest’s illegal actions.

If the tenant does not threaten the owner or damage his property, then it is advisable to try to solve the problem peacefully and try to understand the motives of the illegal resident. It is quite possible that he simply does not know that he has lost the legal right to be on your square meters or that we are already looking for a new place of residence, but did not have time to notify about it.

In this case, you can try to find some kind of compromise, wait a while until the tenant solves his problems.

It was not possible to reach an agreement and solve the problem peacefully. What to do in such cases?

Procedure and procedure

It is advisable to first talk with the local police officer, describe the whole problem to him, most likely he will invite you to write a statement of complaint about the intractable guest. After accepting the application, the district police officer will begin to directly perform his duties and take the following steps:

Will visit a residential premises where an illegal occupant is located.
He will check his documents and find out on what basis the citizen is in this place.
Interview neighbors and other witnesses.
Based on the results of visiting the disputed residential premises and after clarifying all the circumstances, a protocol will be drawn up.
Information from the protocol will be conveyed to the illegal tenant, adding to it a warning about the necessary eviction, indicating the period by which the offender must leave the apartment.

If, after the deadline for eviction, the residential premises are not vacated by the illegal tenant, the owner may file a claim for eviction in court.

Example of eviction by police

Former spouses Nina and Konstantin L live in a two-room apartment. The woman is the owner of the living space, the husband moved into the apartment after marriage and has no rights to housing. After the divorce, the wife repeatedly reminded her ex-husband to leave the living quarters, but her reminders did not have the desired effect. Tired of waiting, the woman sent the offender a registered letter notifying her of the requirement to leave the apartment within a month, but her ex-husband ignored this requirement too.

Nina L. Filed a complaint with the district police officer. The policeman visited the disputed residential premises and explained to the offender that he had no right to live in the apartment after the divorce and pointed out the consequences that could occur if Konstantin did not move out of the apartment.

The man asked his ex-wife for a month to solve his housing problems and, after finding a rented apartment, left the premises.

Application to the prosecutor's office

In a number of controversial situations, the owner can evict an illegal tenant administratively, with the help of the prosecutor's office. Administrative eviction occurs quite rarely, and only in cases where:

the residential premises are occupied by the guest without permission;
there is a threat to the life or health of other citizens;
the building where the apartment is located is in disrepair and there is an immediate threat to the life and health of the citizens in it;
the tenant moved into the apartment using threats or physical force against the owner of the premises.

It must be borne in mind that a person evicted in this way can appeal the prosecutor’s decision on administrative eviction in court.

Let's look at the cases in which administrative eviction can be used, using the example

Citizen K. decided to move in with his children for the whole winter. Since he was leaving for a long time, just in case, he gave duplicate keys to his neighbor on the landing. The same woman, in turn, handed over the keys to citizen K.’s apartment to her nephew, who wanted to live separately from his parents and was looking for rented housing.

Six months later, the owner returned home and found a stranger in the apartment, who, moreover, behaved aggressively, refused to move out and began to threaten the elderly man. The owner of the apartment filed a complaint with the prosecutor's office about illegal occupancy; he attached to the statement the title documents for the residential premises and an extract from the apartment register.

The prosecutor, after studying the circumstances of the illegal stay in the residential premises, issued a sanction to evict the unauthorized occupant from the apartment.

Lawsuit

The third method of eviction, through the courts, can be called the most time-consuming. In this case, the eviction procedure can last for many months, but in cases where it is impossible to evict the illegal tenant in any other way, it is necessary to resort to eviction through the court.

Procedure and procedure

Before filing a claim for eviction in court, it is necessary to comply with the pre-trial procedure, otherwise the court may not accept the claim.

First of all, you must personally ask the offender to leave the premises voluntarily. If he has ignored your request, send him a telegram or a letter notifying him of the need to leave the apartment he illegally occupied and indicate the deadline by which this must be done.

If this requirement is ignored, then the next step should be to file a complaint with the police. If this does not have any result, then the police report will become one of the evidence in the court hearing.

The plaintiffs in an eviction case may be:

the owner of the residential premises, both an individual and any subject of the Russian Federation who owns the disputed apartment;
a citizen (or group of citizens) living in residential premises under a social tenancy agreement, on any other legal basis;
third parties whose interests are affected by a citizen residing illegally;
prosecutor's office

So, briefly about what needs to be done and in what order to evict an illegal resident:

Verbally notify the offender to leave the premises.
Give notice in writing (notice or demand to vacate).
Visit the police and file a report about the illegal occupant.

Having received a refusal or not receiving any response to the first three actions, the owner can go to court.

It is necessary to remember the jurisdiction; the statement of claim is submitted to the court of the district where the disputed residential premises are located.

To go to court you must:

Draw up a statement of claim for the eviction of an illegal resident.
Collect the necessary package of documents.
Pay the state fee (for a non-property claim it is 300 rubles).
Submit the entire package of documents to the court by visiting the court office in person or sending the claim by registered mail.
Take part in the court hearing (in person or by sending a legal representative there).
Get a court decision.
Evict the offender. In this case, the presence of a local police officer or bailiffs is necessary.

In the trial, the plaintiff will need to prove, firstly, that he is the owner of the disputed residential premises or a responsible tenant, and secondly, that the defendant is living in the residential premises illegally.

Only after establishing these two facts will the court make a final decision - to evict the defendant from the premises or to leave everything as it is. The court may also grant the defendant a deferment while he searches for other housing.

Eviction process

Eviction is the voluntary or forced release of residential premises from citizens who illegally occupy it, as well as from their property in any form (furniture, personal belongings, pets, etc.).

No one except bailiffs has the right to carry out evictions, especially forced ones. Moreover, the owner himself should not deal with this, since you can easily find yourself in such a situation either as a victim, but in another case (if the offender applies any physical force to you), or as an accused (if you apply it yourself, especially if your opponent’s personal property is damaged or you harm his health).

Eviction by court is possible only after the court decision has entered into legal force.

If the illegal tenant refuses to leave the housing after the decision of the judicial authorities, then the plaintiff must contact the SSP. Having received a writ of execution and an application from the owner of the residential premises, the bailiff initiates enforcement proceedings and acts within the framework of enforcement proceedings.

In especially difficult and difficult situations, when illegal occupants show serious resistance to the SSP officers, police officers and the Ministry of Emergency Situations may be involved to enforce the court decision.

Example of eviction through court

Citizen Kuznetsova allowed a relative of her friends from another city to stay in the apartment. The rental agreement was signed for six months. But neither six months nor a year later the tenant moved out of the apartment; moreover, he moved his partner in with him. They ignored all the owner’s demands, insulted her, and threatened her with violence. They also refused a written request to move out. A visit to the local police officer also had no effect.

Gr. Kuznetsova was forced to file a claim in court. At the trial, she stated that she no longer wanted to tolerate strangers in her apartment, especially since they behaved inappropriately. The defendant long ago lost the right to live in the apartment. The defendant’s cohabitant moved into the residential premises without permission, without the knowledge or consent of the plaintiff.

The court, having considered all the materials of the case, decided to evict the defendant and his cohabitant from the living quarters.

How to correctly file a claim for eviction in court?

What should be in the statement of claim:

The upper right corner of the application is intended to indicate the name of the court and data of the participants in the process (full name and address as in the passport).
Below is the name of the document - “Statement of Claim...” (it wouldn’t hurt to clarify that the person being evicted is a tenant).
Grounds for evicting a person from the living space he occupies - the plaintiff must confirm that the apartment is his property. Be sure to provide a list of persons registered in the apartment (the defendant must be on the list). Then, the person to be evicted is indicated. Below, the plaintiff indicates on what grounds he is evicting the defendant - due to divorce, deprivation of parental rights, etc.
Information about the pre-trial procedure for resolving a controversial situation - judges look at whether measures were taken to evict peacefully. This is usually a written notice/warning to the defendant by the plaintiff. Neighbors on the landing, relatives, and friends can confirm the fact of an attempt to resolve the issue peacefully. It is also advisable to include written evidence - for example, a notice to the defendant signed by him. If a signature was not received, it is better to record the refusal in the presence of neighbors.
Requirements to the court - indicate the address of the apartment, and a request to forcibly evict the tenant.
List of documents attached to the claim (copies).
*Additionally, the plaintiff may petition to subpoena witnesses on the issue under consideration. This is agreed upon at the preliminary hearings.
The final part of the statement of claim is the date and signature of the plaintiff.

Can a local police officer influence citizens?

Initially, if you discover persons in an apartment who are illegally living in this property, it is advisable to contact the district police officer.

For this purpose, a special statement is competently drawn up, but the following nuances are taken into account:

the district police officer does not have the authority to identify elements of a crime if people occupy housing without official confirmation of their rights;
Police officers cannot forcibly expel people from an apartment without a court decision, since their actions may be regarded as a violation of the rights of citizens;
The district police officer is not involved in direct evictions, so he can only conduct a conversation with these citizens to find out why they remain in the living space, and also indicate the possible consequences of continuing to stay in someone else’s apartment;
he can explain that if they damage someone else’s property, then under Art. 167 of the Criminal Code will be brought to criminal liability;

Article 167. Intentional destruction or damage to property
1. Intentional destruction or damage to someone else’s property, if these acts caused significant damage, -
shall be punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to one year, or by forced labor for a term of up to two years. , or arrest for a term of up to three months, or imprisonment for a term of up to two years.
2. The same acts committed out of hooligan motives, by arson, explosion or other generally dangerous method, or which through negligence resulted in the death of a person or other grave consequences, -
shall be punished by forced labor for a term of up to five years or imprisonment for the same term.

indicates that he will closely monitor the current circumstances, so if the slightest violation of the law is detected, the citizens will be taken to the police station.

Important! In most cases, a district police officer’s communication with citizens who occupy someone else’s apartment without good reason leads to people becoming afraid of the consequences, so they voluntarily decide to leave their home.

But often, even after communicating with the local police officer, people continue to live in the property.

If the owner of the apartment wants to expel citizens forcibly and quickly, then he will have to go to court in any case.

Legal and illegal eviction, what are the differences? Read the link.

You will need to have with you a protocol drawn up by the district police officer. This document confirms that the owner of the property tried to resolve the issue in a pre-trial manner.

Reasons and nuances for eviction from an apartment, see this video:

State duty

An eviction claim is considered non-property, so the state duty for any eviction claim will be 300 rubles.

Eviction lawsuits are quite complex. An incorrectly drawn up statement of claim, the absence of any document, or an incorrect sequence of actions on the part of the plaintiff can lead to the court refusing to satisfy the claims.

To avoid mistakes when evicting a violator, it is necessary, at least at the first stage of the procedure, to obtain advice from an experienced lawyer. He will tell you what steps to take first, what steps to take later, draw up claims, help collect the necessary documents and, if necessary, represent your interests in court.

This is important to know: How to send a copy of the statement of claim to the defendant

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then

describe your situation to a lawyer in an online chat;
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Statement of claim for eviction of a former family member of the owner

A sample statement of claim for the eviction of a former family member of the owner of a residential premises, taking into account recent changes in legislation.

Former family members include spouses whose marriage has been dissolved, parents and adult children, and other persons with whom relationships have hopelessly deteriorated and who are no longer close.

The former family member of the owner loses the right to use the residential premises. After termination of the right to use, he is obliged to evict from the residential premises. The owner of the residential premises, if there are obstacles from a former member of his family, sets a deadline for him to evict, it is advisable to do this by delivering a written notice of eviction.

After the expiration of the period established in the claim, the owner has the right to submit claims to the court. A statement of claim for the eviction of a former family member of the owner of a residential premises is filed with the district (city) court at the defendant’s place of residence. The state duty for such a claim will be 200 rubles. Other owners of the disputed residential premises must be indicated as third parties in the claim.

The text of the application is drawn up in as much detail as possible; it is advisable to indicate all the circumstances of the move-in, the defendant’s residence in the residential premises, and the grounds for termination of family relations. In case of termination of marriage, a certificate of divorce must be attached. Other cases detail why the defendant became a former family member.

In _______________________________ (name of the court) Plaintiff: __________________________ (full name, address) Defendant: _________________________________ (full name, address) Third party: _____________________ (full name, address)

Forced eviction of a neighbor

The following state or public authorities will help you get kicked out for dishonest fulfillment of your obligations, loud noise, listening to music at night or frequent drinking:

Criminal Code or Housing Office;
homeowners association;
Rospotrebnadzor;
police.

The last resort to suppress immoral actions will be judicial proceedings. However, before this, you must file a complaint with other structures.

Complaint to a housing organization

The management office or the owners' association carries out activities to maintain the residential building in proper technical condition and comply with sanitary and epidemiological control standards.

They are also subject to the conditions that are prescribed by the charter or agreement between the owners of the apartment building. A complaint about illegal activity or loud noise from individual neighbors is made to the office or association orally or in writing. Ignoring the appeal of the authorities is the basis for filing a complaint against them.

Perhaps they do not have powerful levers of pressure to restore order, so it is recommended to resolve the problem only with the help of competent government authorities.

A sample complaint against neighbors in the Criminal Code is available for download here.

Rospotrebnadzor

The structure is represented by an executive body that carries out state supervision of compliance with sanitary and epidemiological conditions. It is recommended that you contact the service with a written statement listing the violations of the rules by your neighbors.

They can be numerous indoor animals without proper care, unsanitary conditions, or dangerous diseases that the owners have. When using shared equipment or household items, the disease can be transmitted to other citizens, which will endanger, if not the life, then the health of those around them.

You can send a complaint to the sanitary and epidemiological state supervision in the following ways:

by mail to the main office of the organization;
convey information orally or in writing to the leading specialist at the head office;
in the same ways to the regional department or Rospotrebnadzor, the addresses of which can be found at the following link;
through the portal for submitting electronic appeals.

A petition sent in the first way may lead to an unscheduled verification of the fact of the offense. However, to do this, the user needs to create an account on the website of the State Services of the Russian Federation and undergo identification in the Unified Authentication System.

Following the following algorithm will help you make an electronic appeal for the forced eviction of a restless neighbor:

Indicate the full name of the applicant.
Personal contact information, email address, sender address.
Territorial or head division of the structure.
Details of the violation of rights that occurred, the full name of the violator’s neighbor.

The electronic complaint can be supplemented with copies of other documents, but the attachment should not be more than 5 MB.

Police

The law enforcement apparatus receives and considers appeals from citizens. Deviations from the norms of the living conditions of Russians are equated to administrative and criminal cases.

These could be:

violation of sanitary conditions;
production and use of narcotic and psychotropic drugs not as directed by the attending physician;
destruction or damage to public or personal property;
ignoring the rules for using the area;
loud music, noise, swearing at night;
creating a threat to life or causing harm to the health of others;
aggressive behavior of citizens;
unintentional damage;
violent illegal actions.

Contacting the police should begin by visiting the local police officer or calling him to the scene of the incident. But if the inspector has not taken any action against the violator, you need to visit the city or regional department of the Ministry of Internal Affairs.

Here you can see a sample application to the district police officer for a rowdy neighbor.

Court

The authority is the last resort of putting pressure on a rowdy or drunk neighbor. However, to file a claim you will need a full range of documents, evidence and responses from all authorities involved in the case.

The application contains the following data:

information about the plaintiff;
indication of the addressee;
information about the defendant.

The main part lists the facts of violations and the request for eviction from the apartment.

List of documents

The following documents are attached to the statement of claim:

a copy of the protocol of the local police inspector;
petition to the management structure;
her response, inspection reports.

If a neighbor has arrears in paying for household services, certificates must be attached.

Evidence base

This may consist of witness testimony, previously filed complaints, police reports and acts, and other authorities. Additional elements of the database are photos and videos captured legally. It is also worth attaching a copy of your civil passport, a document confirming ownership, and an extract from the real estate register.

Who can be evicted from an apartment and for what? Studying residential complexes of the Russian Federation

In accordance with the provisions of Art. 30 of the Housing Code of the Russian Federation, the owner of an apartment has the right to own, use and dispose of residential premises owned by him. In particular, he has the right to decide who lives in his apartment and who does not.

In what cases can an apartment owner file a claim in court for eviction from a residential premises? In 2021, filing such a claim is possible if the person living in the apartment:

Lost the right to use residential premises due to the termination of family ties (for example, after divorce);
Materially violates the terms of the lease agreement;
Does not vacate the premises after termination of the lease agreement;
Uses housing for other purposes;
Disturbs other residents (for example, damages property, does not comply with sanitary standards, or leads an antisocial lifestyle);
Does not bear the burden of maintaining the property and does not pay for utilities.

Change of the main owner of the residential premises in question

If the owner of a residential property has legally changed, he has the right to consider the advisability of the presence of old tenants on his territory. By law, he has the right to begin the eviction procedure only after the transaction for re-registration of the premises receives appropriate registration in the state register responsible for such events. Having completed the registration, the new owner can apply to the courts to evict the tenants living on his territory.

How to file a claim for eviction from an apartment in 2021? Legal advice

What should be a competently drawn up statement of claim for forced eviction from a residential premises?

Firstly, such a statement must be drawn up in simple written form (either printed out or written by hand - in clear and legible handwriting, with the text divided into sentences and paragraphs);

Secondly, all copies of the statement of claim must be signed by the plaintiff.

We recommend that you include the following information in your application:

The name of the district court in which the claim is filed;
Last name, first name, patronymic, postal address and telephone number of the plaintiff;
Full name and address of the defendant;
The grounds for the defendant’s residence in residential premises owned by the plaintiff;
An explanation of the reasons why the plaintiff is seeking eviction;
Indication of compliance with the mandatory pre-trial dispute resolution procedure;
Plaintiff's claims;
List of documents attached to the statement of claim;
Date of filing the claim.

statement of claim for eviction from a residential premises (version current for 2021)

Example of a statement of claim for eviction from an apartment

To the Babushkinsky District Court of Moscow

Plaintiff: Alisa Avksentievna Lomonosova

Defendant: Chaadaev Valentin Eliseevich

STATEMENT OF CLAIM

about eviction from a residential premises

During the period from February 06, 2021 to August 25, 2021, I was married to the defendant. For joint family residence, I registered my ex-husband in the indicated apartment at the place of residence.

By the decision of the Babushkinsky District Court of Moscow, the marriage between me and the defendant was dissolved (a copy of the divorce certificate is attached).

According to paragraph 4 of Art. 31 of the Housing Code of the Russian Federation, in the event of termination of family relations with the owner of a residential premises, the right to use this residential premises for a former family member of the owner of this residential premises is not retained, unless otherwise established by an agreement between the owner and the former member of his family.

After the dissolution of the marriage, Chaadaev V.E. refuses to voluntarily move out of my residential premises. On November 1, 2019, I suggested that the defendant vacate my apartment by December 01, 2021.

By virtue of paragraph 1 of Art. 35 of the Housing Code of the Russian Federation, if the defendant’s right to use residential premises is terminated, he is obliged to vacate the apartment. If he does not vacate the apartment within the prescribed period, he is subject to eviction at my request based on a court decision.

Based on the above, guided by Articles 31 and 35 of the RF Housing Code, as well as Articles 131, 132 of the Code of Civil Procedure of the Russian Federation,

Ask:

List of documents attached to the application

A copy of the statement of claim for the defendant
Copies of title documents for the apartment
Copy of divorce certificate
Document confirming payment of state duty

Application submission date December 10, 2021

Plaintiff's signature: _______

Procedure for filing a claim

Before filing a statement of claim, you must try to conclude a pre-trial agreement with the defendant. This must be done by sending a letter with a simple notification to him with a written request to vacate the living space. Even if you don’t receive an answer, you can present it as evidence in court.

So, if it was not possible to reach an agreement, then you need to understand which judicial authority to contact to protect your rights. Such claims are considered by the district court of general jurisdiction at the place of residence of the defendant (at the address of the apartment in which he illegally resides).

The completed statement of claim along with the necessary package of documents must be sent to the court.

This can be done in the following ways:

in person to the court office;
through a representative;
courier delivery service;
by postal service with a simple notification and a list of attachments.

It should be understood that the period for consideration of a claim begins from the moment it is received by the court, and not from the date on which it was drawn up.

After the statement of claim is received by the judge, he must decide within five days whether to accept it for proceedings or leave it without consideration. The plaintiff is informed of this decision in writing.