TERMINATION OF THE RIGHT TO USE residential premises

TERMINATION OF THE RIGHT TO USE RESIDENTIAL PREMISES

Termination of the right to use residential premises - one of the most acute housing problems that arises between the owner of a home and former members of his family, as well as between the owner and members of the family of the former owner.
Don't you understand what the difference is? Let's sort it out in order...

The right to use residential premises.

The right of citizens to use residential premises belonging to the owner arises for them for various reasons. This may be provided by the owner rights to use residential premises members of his family (clause 2 of article 30 of the Housing Code of the Russian Federation) (hereinafter referred to as the Housing Code), in addition, a citizen may be granted the right to use residential premises according to testamentary refusal(Clause 1 of Article 33 of the Housing Code), the right to use housing can also be established in connection with the conclusion lifelong maintenance agreement with dependents(Article 34 of the LC), and some other grounds.

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Termination of the right to use residential premises by former family members of the owner.

Currently, the most common life situations are when family relationships with the owner of the home are terminated and ex-spouse loses right to use residential premises, unless another agreement was provided between them, and the right to use residential premises is lost when the real estate is alienated.

Clause 4 art. 31 residential complexestablishes that in the event of termination of family relations with the owner of the property, the right to use this residential premises is reserved former member of the owner's family is not saved. Unfortunately, the provisions of this article leave the owner of the residential premises unprotected, which indicates the importance and relevance of this problem. Although the Plenum of the Supreme Court of the Russian Federation, in its Resolution No. 14 of July 2, 2009, established the provisions that the rights of the owner are subject to initial protection, in judicial practice there are cases when the right to use residential premises dominates the right of ownership.

You need to know that the rights of citizens living in residential premises are protected only as long as the owner of the property does not object to their residence.

The law clearly defines the circle of persons who are considered family members of the owner living space. This is first of all: the spouse, children and parents of the owner. If these persons were moved into the apartment by the owner as members of his family, then they are considered as such until their relationship is terminated or another legal fact arises. Therefore, the grounds for termination of family relationships are:
- termination of marriage, incl. declaring it invalid;
- termination of kinship (death, contestation of paternity, deprivation of parental rights);
- cancellation of adoption, termination of guardianship (trusteeship).

After the marriage is dissolved or declared invalid, the spouse becomes a former member of the owner's family. At the same time, the issue of recognizing other persons as former family members of the owner of the residential premises must be decided by the court in each specific case, taking into account the circumstances of the case.

An important circumstance is that the termination of family relations between the parents of a minor child, when one of the parents is the owner of the residential premises, does not entail the loss of the child’s right to use the residential premises. In addition, if a former member of the owner’s family, due to his property status, cannot provide himself with other housing and provides evidence of this to the court, then he the right to live in an apartment, home, etc. may be preserved by a court decision for a period determined by the court.

In accordance with standards Housing Code of the Russian Federation provides for the obligation of a citizen to vacate a residential premises if termination of the right of use on the grounds provided for by this code, agreement, other legislative acts or by court decision. At the same time, he must be deregistered at his place of residence, ifex-husband/wife, and former family members of the owner continue to use the residential premises, thenderegistrationcarried out on the basis of a court decision that has entered into legal force.

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 Termination of the right to use residential premises by family members of the former owner.

In addition to the above grounds for termination of the right to use residential premises, there is currently the possibility provided by law terminate the right to use residential premises family members of the former owner of this residential premises.

Until January 1, 2005, the right of use of family members was of such an independent nature that it did not cease even if the owner lost his right to housing. This led to the fact that in the event of the sale of an apartment by the owner, the buyer “acquired” along with it permanent residents in the form family members of the former owner, whose eviction there was no legal possibility.

Currently in clause 2 art. 292 Civil Code It is expressly established that the transfer of ownership of a residential building or apartment to another person terminates the right to use the residential premises by family members of the former owner, unless otherwise provided by law.

Thus, the rights of the owner's family members are currently completely dependent on the rights of the owner himself. Owner's family members have rights of use on an equal basis with the owner, unless otherwise established by agreement with him. Family members, as well as the owner, are obliged use the premises for their intended purpose, ensure its safety: capable family members bear joint and several liability with the owner for the obligations arising from the use of residential premises. Family members can demand elimination of the violation of their rights to housing from any person, including the owner of the premises.

As we indicated earlier, in accordance with paragraph 4 of Art. 31 of the Housing Code, in the event of termination of family relations with the owner of the housing, the right to use this housing for the former member of the owner’s family is not retained, unless otherwise established by agreement between him and his family members.

An exception to this rule is relations related to the right to use the residential premises of a former member of the owner’s family. On him in accordance with Art. 19 Federal Law of December 29, 2004 No. 189-FZ “On the implementation of the Housing Code of the Russian Federation” the effect of the provisions of Part 4 of Art. 31 Housing Code of the Russian Federation about loss of the right to use residential premises in case of termination of family relations with its owner does not apply, provided that at the time of privatization of this residential premises, these persons had equal rights of use this premises with the person who privatized it.

At the same time, the law cannot be applied to such former family members of the owner of the residential premises. Part 2 Art. 292 Civil Code of the Russian Federation. The reason is that, by giving consent to the privatization of residential premises occupied under a social tenancy agreement, without which, in accordance with Art. 2 of the Law of the Russian Federation dated 04.07.1991 No. 1541-1 “On the privatization of housing stock in the Russian Federation” it would have been impossible; they proceeded from the fact that the right to use this residential premises would be for them indefinite nature therefore, it must be taken into account when transferring ownership of residential premises on the appropriate basis to another person.

Thus, in cases where, at the time of privatization of a residential premises, former members of the owner’s family had equal rights to use this premises with the person who privatized it, when the ownership of the residential premises is transferred to another person, the former members of the owner’s family cannot be evicted, so how they have the right to use this residential premises.

However, it is unlikely that anyone will want to buy an apartment with such a burden.

In addition, nowadays there are frequent cases of going to court with a claim to restrict property rights, however restriction of the right to use current legislation does not provide for housing; if necessary, the court can onlyrecognize as terminated the right to use former family member of the owner .

If you need legal assistance, you can Ask a Question 960-32-76 .
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Deregistration of former family members of the owner.

So, the court ruled decision to terminate the right to use residential premises(a former member of the owner or a family member of the former owner) and this decision entered into legal force.

But despite the fact that this citizen’s right to use the apartment was terminated, he remained registered (registered) in it. What to do in this case?

According to Art. 35 LCD, if a citizen’s right to use residential premises is terminated, he is obliged to vacate the corresponding residential premises. If this citizen does not vacate the said residential premises within the time period established by the owner of the relevant residential premises, he is subject to eviction at the request of the owner based on a court decision.

It is important that the rules about eviction of former family members of the owner housing, are fully justified by the fact that the right of ownership, enshrined in the Constitution of the Russian Federation, needs not less, but more protection than the housing rights of citizens.

Modern law is aimed at protecting the interests of the homeowner.

In the way that remove from the register ex-spouse - need itdischarge through court . But, as a rule, in realitycheck out of the apartment ex-spouse is not so easy, evenlong-term non-residence not an argument for the court.

Today, the fact of registration does not play a significant role, but is rather of an administrative and informational nature.

If you need legal assistance, you can Ask a Question , or call us at +7 (495) 960-32-76 .
Please note that the most detailed legal consultation is possible at a personal meeting with our lawyers, who work every day, almost without days off or lunch breaks :).

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Why should you contact a lawyer for housing disputes?

Disputes about termination of the right to use residential premises are one of the most difficult in housing disputes, and especially if the dispute is about deprivation of the right to property. That is why it is so important to receive professional and qualified legal assistance at the right time, so that in the future you can know your rights and prevent the arbitrary termination of your right to housing.

Clients come to us who want to receive qualified legal assistance in representing their interests in the district court.

The Law Office of Sergei Ivanov employs professional lawyers who have extensive experience in handling similar cases and specialize in housing, civil, inheritance, family, land, labor and other disputes, which they successfully resolve.

For our Clients, we will legally competently draw up and file a statement of claim for termination of the right to use residential premises, give practical recommendations on how to behave in court, what documents and evidence will need to be submitted to the court, etc.

Simply put, we will take care of all pre-trial preparation and judicial procedure.

By contacting YurbIS, you receive an individual and competent approach to your situation, professional legal assistance and, finally, a solution to your problem!

All questions you are interested in regarding the determination of the procedure for using residential premises, you can ask us by phone +7 (495) 960-32-76 or you can use a special form to get an answer to your question.

To receive more detailed legal advice, you must first make an appointment at the telephone numbers indicated above.

By contacting us, you are making the right choice, because
Yurbis - Your compass in the sea of ​​laws!
Therefore, we will become your reliable assistants in solving difficult housing issues.

The right to use residential premises has nothing to do with the right of ownership. But the restriction or withdrawal of the use of housing must be based solely on the law, since such a right was once granted. Basic legal acts on the use of someone else’s apartment - Civil and Housing Codes. To defend your right to residence, you need to know where it comes from, how it ends and who is authorized to deprive it.

Possession and use

The rightful owner of a home is its owner. There are two types of housing in Russia:

  • private;
  • municipal.

The owners of private housing are people or companies, and the owners of municipal housing are the state represented by municipalities.

In this case, the right of ownership can either be registered or not. When registering a right, a certificate of a special form is issued; now such certificates are yellow and pink; until 2003 they were green. This paper is the main document of the owner.

In addition to the certificate in form, there may be another one - an old one, issued in pre-perestroika times, but it is still valid to this day. Such papers were issued for land and houses, and warrants were issued for apartments.

Not all Russians have registered their right to apartments, and they are not trying to register it. After all, the right exists, it’s just not registered. For example, having paid off a share in a cooperative in full, the shareholder is already vested with ownership rights, and no one else has the right to encroach on this apartment.

It’s the same in villages, and even in city apartments - people live from generation to generation, actually accepting an inheritance, and do not think about going to Rosreestr.

Meanwhile, homeowners have the right not only to live in it, but also to dispose of it at their own discretion - to sell, exchange, rent, etc. They also have the right to register family members and relatives in the apartment. But this does not make relatives co-owners, only users.

Use of residential premises- this is just living in an apartment with the permission of the owner, and it is based on the law.

How does the right of use arise?

Apart from the owner, anyone can live in the apartment according to these reasons:

  • moving in as a family member;
  • under a social rental agreement (in non-privatized apartments);
  • by order or contract, employees or workers of the owner (official housing);
  • pupils or students (dormitories of universities or vocational schools);
  • under a lease agreement (rented apartments);
  • under a rent agreement (former owner);
  • under a free use agreement;
  • by testamentary refusal.

Wherein residents are registered in the apartment permanently or temporarily with the consent of the owner .

Important : a child can be registered without anyone’s consent at the place of residence of one of the parents.

Use by family members

As soon as ownership is registered, according to Article 31 of the Housing Code, the owner can move in and register a family member in the apartment. The Code defines family members as:

  • owner's husband/wife;
  • his children and parents;
  • other persons (not even relatives) who are moved in as family members of the owner.

As mentioned earlier, the use of property is not its ownership at all, but users have responsibilities. Along with the owner, all residents are required to comply with the rules of residence:

  • use the apartment only for living in it;
  • preserve housing, do not destroy or damage property;
  • pay your share of utility bills.

The right to use can only be revoked through the courts., If:

  • family relations with the owner have ceased (official divorce);
  • the owner sold the apartment (the residents are not family members of the new owner).

You can deprive the right of use in court for other reasons, for example, the tenant is an alcoholic and does not allow the owner to live in peace, destroys the apartment, does not pay bills (but there must be a court decision to collect utility bills from him).

If the apartment is municipal

Haven't you privatized your apartment yet? So you are a user but not
owner . During privatization, the apartment will be registered as the property of everyone registered in it, and while it is not yours, you are obliged to pay bills and maintain housing.

You can lose use of a municipal apartment in cases:

  • leaving for another permanent place of residence;
  • systematic violation of the rules of living in an apartment (non-payment of utilities for more than six months, destruction and damage to the apartment, communications, illegal redevelopment, violation of the rights of neighbors, use of the apartment for purposes other than residence);
  • deprivation of parental rights (if the court finds that the parents do not have the right to live with the child).

Important : if one of the tenants goes to live permanently in another place, the others do not lose the right to use the apartment.

Office, rental, rental and student accommodation

There is a contract for the use of residential premises. The terms of the contract are always fixed in writing, and the contract itself must be in the hands of both the owner of the premises and the user. In this case, the annuity agreement is registered in Rosreestr. The lease agreement must also be registered if its term is longer than a year.

The following have the right to use housing:

  • workers or employees (for the duration of service or work);
  • pupils and students (for the duration of study);
  • tenants (for the duration of the lease agreement);
  • rent recipients (either for the duration of the contract or for life).

If the terms of the contract are not met, you can legally lose the right to use such housing.

Testamentary refusal

It is easier to explain this concept using an example: a grandfather lived in an apartment with his partner. After his death, the apartment passed to his grandson in his will. However, it turned out that the grandfather’s will directly stated that the cohabitant has the right to use the apartment either for life or for a specified period of time. This is a testamentary refusal.

This right is enshrined in Article 33 of the Housing Code. In this case, the right to use in this mode can be registered in Rosreestr. If the apartment is sold by the grandson, the cohabitant will still have the right to live in it .

Agreement for free use of residential premises

This is a special type of contract; it does not oblige the user to pay anything for
living in an apartment. Such relationships between the user and the owner of the property are described in Chapter 36 of the Civil Code. In this case, the terms of the agreement are mentioned:

  • the lender is the owner of the apartment;
  • the borrower is the user.

The contract must indicate:

  • full passport data of both parties to the contract;
  • rights and obligations of the parties;
  • term of the contract.

Sample agreement for the free use of residential premises.

You can lose use of such an agreement early in the following cases (Article 698 of the Civil Code):

  • if the apartment is not used for living;
  • if the tenant spoils the furnishings or communications and does not monitor the maintenance;
  • if he does not pay utilities (this condition must be clearly stated in the contract).

There may be other grounds for eviction, such as renting to outsiders.

Recognition of the right to use residential premises


Let us remind you that disputes regarding the use of housing are resolved exclusively in court. In this case, the court is not a magistrates’ court, but a city or district court. Such claims are considered for a state fee of 300 rubles.

The subject of the claim in such cases is either recognition of the right to use or recognition of the loss of such a right. How can such a dispute arise?

Example of a dispute
According to the social rent agreement, the citizen was provided with an apartment. After living there for some time, the citizen got married and moved his wife into the apartment, but the social rent agreement was not renewed. However, according to the law, a wife who moves into a municipal apartment as a family member already has the same rights as her husband. If her husband wants to evict her, or dies, she needs to go to court to defend the right to use the apartment.

A claim for recognition of the right to use residential premises is written quite simply. But if your situation is ambiguous, it is better to contact a lawyer or a competent lawyer, because each case is individual. And losing the case means losing the right to use the residential premises.

“The housing problem ruined them.” This is not only about Muscovites, it is about all Russians.

This is probably why people are increasingly turning to the courts to understand who can use which premises in the apartment.

Disputes between residents and neighbors

Problems usually arise among close relatives. Sometimes these are divorced spouses who are forced to live in the same apartment after the divorce. What else to do if there is nowhere to go?

Another example is heirs who received an apartment in joint ownership. No matter how large this home is, there is still only one kitchen, as well as a bathroom. So the residents start arguing.

Sometimes scandals take the form of a real military conflict. One owner installs a lock on the door of his room, another installs a lock on the toilet, a third changes the locks of the front door, having previously placed the things of his “competitors” on the stairs.

It is better not to bring the matter to the point of absurdity, but in case of shared ownership, offer it to another co-owner resolve the matter amicably by drawing up a written agreement on determining the procedure for using the apartment. It needs to specify which premises are given to you and which to him. To be on the safe side, you can have this document certified by a notary.

If your partner is categorical, the only thing left to do is go to court. Nowadays, cases regarding the determination of the right to use residential premises or its termination are no longer uncommon in judicial practice.

Who can challenge a tenant's actions in court?

The owner of a share in the apartment has this right. It doesn't matter exactly how many meters he owns- this may be the owner of the smallest number of squares. If other owners violate his rights by their actions, he can file a lawsuit.

If you are not the owner of the property, but there, then you do not have the right to file a claim in court.

Let's imagine that two brothers own an apartment. One of them got married and registered his wife in a shared apartment. If disagreements arise, he can set things in motion. But his wife’s lawsuit will not be accepted in court.

But first you need to think about whether to sue:

  • firstly, the decision will not be made tomorrow or even next week;
  • secondly, without the help of specialists it will be difficult, and hiring lawyers is expensive;
  • thirdly, the trial will most likely leave its mark on your relationship with your neighbors and there is a possibility that after it you will not be able to coexist in the same apartment, even if just the ideal procedure for using it is determined.

Drawing up a statement of claim

Any statement begins with a “header”:

When working on the text of a claim to determine the procedure for using the residential premises of an apartment, do not forget to include the following information:

  1. Information about the apartment (address and number under which it is registered in the cadastre).
  2. The total area of ​​housing and the area of ​​rooms and other premises within it. Which type, whether rooms are walk-through or isolated.
  3. The area owned by you and the defendant.
  4. Your requirements. Here you need to describe what procedure for using the apartment seems fair to you. For example, you think that one room should be at your disposal, and the other should be at the defendant’s disposal. And don’t forget to indicate that the defendant must not interfere with your use of the premises.

Preferably in a claim refer to articles of law, on which your requirements are based. To do this, you should first familiarize yourself with articles No. 247, 304 of the Civil Code, articles No. 30, 3 of the Housing Code and Article 35 of the Constitution, on which judicial practice is based in cases of determining the procedure for the use of residential premises

They say:

The claim is printed in several copies. There should be as many of them as there are defendants.

The application requires attach a number of documents:

  • receipt of payment of state duty (filing a civil claim costs 200 rubles);
  • copies of property certificates according to the number of defendants;
  • certificate with a list;
  • apartment plan (the court, when considering a case, must imagine the layout of the apartment).

Dispute consideration in court

The court, when making a decision on your case, will take into account the following:

The order of use of the premises that existed before the conflict arose is also taken into account. If he did not infringe on anyone's rights, there is a chance that the court will offer to return to him.

What restrictions may be imposed?

Having accepted the claim and considered it, the court makes a decision. Based on judicial practice, in most cases to determine the procedure for using apartment premises, specific restrictions are established for co-owners.

The exception is one-room apartments, where it is impossible to allocate space to each owner. In this case, the only room will remain for their shared use.

Judicial practice also has many cases when it is decided decision on the loss of the right to use by one of the co-owners of the apartment her living quarters. In this case, one of the tenants moves out, receiving compensation for this from the second.

When it is possible to “separate” the owners into rooms, they do so.

You should not file a lawsuit if you have no intention of living in the apartment. Such claims are usually not satisfied, for example:

  1. The case of the Gagarinsky court. The woman tried to get her use of a room in her ex-husband’s apartment, where he lived with his new family. It was established that she and their common child have a place to live, but she does not intend to transport the child to the disputed apartment, and only plans to sometimes spend the night there. That is, the trial was started with one goal - to ruin the life of the ex-husband. The claim was denied.
  2. A similar decision was made in another case. The man obtained the right to move into the apartment, but did not exercise it. People living in the apartment calmly used all the premises together. And a few years later he went to court demanding that one of the rooms be allocated to him. Since the person had not previously lived in the apartment and had no such plans, the claim was not satisfied.

Video: Disputes with roommates over the use of shared living space

The video discusses the issue of using joint real estate with cohabitants or shared owners.

Recommendations are given for resolving such housing disputes, explaining how to solve the problem peacefully, how to achieve justice in court and what results can be expected based on existing judicial practice.

In the Russian Federation, loss of use of housing (be it a private house or apartment) is a real thing and procedurally quite legal. And it doesn’t matter whether we are talking about municipal housing or our own.

The main thing is that such decisions are made exclusively in court. This means that a corresponding claim must be filed. Accompanied by the required documents, which will serve as the basis for termination of the right to use the residential premises. The task of collecting and providing such documents falls entirely on the shoulders of the plaintiff. And the court will consider them and take one side or another.

A court decision satisfying the claim is the basis for recognizing the loss of use of housing as legal. And to terminate any contracts with the defendant (as a rule, we are talking about municipal hiring, including social). In addition, such a court decision can easily evict a person and remove him from permanent registration against his will. According to the law, a claim for loss of rights to use housing can only be filed once. And if you don’t immediately prepare properly and collect convincing evidence, you can forget about the idea. Nothing more can be done.

Table of contents:

Lifetime use

Loss of use of housing is almost always a conflict. The conflict is inherent, since it is difficult to imagine a situation where people begin to deprive people of housing rights “out of the blue,” without reason. And the conflict is throughout the case, since few people are “deprived” of such rights without resistance. In addition, the current legislation provides for categories of persons whom it is simply impossible to deprive of their residence. This:

  • spouses living in a jointly-owned living space (one will never be able to evict the other, even if the other behaves simply horribly, creating a lot of inconvenience for others);
  • previous owners who refused privatization in favor of other residents;
  • relatives of the apartment owner who lived with him even before the privatization of housing;
  • persons who have signed an annuity agreement with lifetime maintenance.

All of them, by law, simply cannot lose their right of residence. But only residence, since this circumstance does not give them other rights - for example, to dispose of housing as property.

When can you lose your rights to use residential premises?

People may be found to have lost their right of residence in a number of cases. If:


However, the above categories of citizens can completely lose their rights of residence only after a court verdict (and in court, each situation is considered individually) and subsequent removal from permanent registration.

If housing is municipal

Loss of the right to use housing is nothing more than a legal ban on continuing to live in a specific living space or using it in any other way. If a person doesn’t mind, all he needs to do is come to the migration service and simply check out of the living quarters. Well, if he is against it, the issue will have to be resolved in court.

When exactly does the right to use cease? This could be after:

  • voluntary deregistration;
  • formation of large debts on utility bills;
  • a gross violation of the rights and interests of other residents repeatedly officially registered by law enforcement agencies;
  • conviction to a real term of imprisonment;
  • medical recognition (also official, of course) of a person as incompetent.

A court decision satisfying the claim is the basis for recognizing the loss of use of housing as legal. And to terminate any contracts with the defendant (as a rule, we are talking about municipal hiring, including social). In addition, such a court decision can easily evict a person and remove him from permanent registration against his will. in cases with municipal apartments, the administration also decides to terminate the rental agreement and recognize the tenant as having lost the right to use housing if the latter acquires another living space.

Details of departure and payment

All the details of moving out of an apartment after losing the right to use residential premises are determined by a court decision. And this largely depends on how a person was deprived of such a right - forced or voluntary. In addition, the following points are taken into account:

  • the person who lost the right to use housing had permanent or temporary registration;
  • on what terms the rental agreement was concluded (if we are talking about municipal housing);
  • and also for what reasons the person who lost his rights still lives at this address.

In general, if necessary, the court orders an examination to establish the fact of a person’s residence/non-residence at a specific address.

Most often, claims for loss of the right to use housing are filed by owners against tenants. And the latter, defending their interests, are trying with all their might to prove the illegality of preventing their residence. And this can significantly delay the process and complicate an already difficult matter. But if we are talking about long-term non-payment of utility bills, the defendant is unlikely to have a positive solution to the issue.

When to go to court?

Depending on the existing grounds, filing a claim in court for the loss of the right to use housing and deprivation of a person’s registration at a specific address may have its own characteristics. The statement of claim and the accompanying documentary package will look different in cases where:

  • the owner of housing, which is not joint property, evicts the former spouse (who does not want to leave and move out voluntarily) after the divorce;
  • the new owner of the property deregisters the citizens registered there;
  • the landlord deprives the tenant of the right to use the housing who has a large debt on utilities, damages property, leads an immoral lifestyle, etc.;
  • it is necessary to evict a person due to his relocation to another place (eliminate fictitious registration);
  • the fact of obviously fictitious registration (without residence) was revealed.

However, in all of these cases there are also common aspects of filing a claim. For example, an application is always submitted at the location of the property (the right to use which is to be deprived).

Non-payment of utilities


According to the law, a person who does not pay utility bills for a long time without good reason may be deprived of the right to use residential premises. After all, he does not fulfill his obligations to maintain this property at all. Most often, tenants are guilty of this, and the entire burden of maintaining the living space falls on the owner, which, of course, cannot suit him.

However, when filing a lawsuit to deprive a tenant of the right to use housing, a sufficient evidence base must be collected. It will be necessary to document the fact of non-payment of utilities by the tenant. And if he, being officially registered in a given living space, not only does not pay, but also does not live (and perhaps is hiding), then he will also have to collect documents confirming the fact of his non-residence.

Failure to find a defendant can delay the trial, since both sides must be heard in this type of case. But, of course, if the defendant’s address is known, a summons will be sent to him. Representatives of the Federal Migration Service at the location of the housing in question may also be invited to the court as third parties.

Documents for the claim

As noted above, a statement of claim (in 2 copies) is submitted to the court accompanied by a package of documents, which includes:

  • a copy of the applicant's civil passport;
  • title documents for housing (in 2 copies);
  • extract from the house register (2 copies);
  • a certificate from the chairman of the management company confirming the fact that the defendant does not reside at the specified address;
  • paid receipt of state duty.

It is also important for the plaintiff to secure witness support in court. Invite neighbors, relatives, and other persons who can confirm this or that stated fact.