A recognition that has lost the right to use a dwelling: grounds. Housing Code of the Russian Federation
Recognition as lost the right to use residentialroom - this is a serious problem that you can not solve on your own, and you can not do without the help of a lawyer. The Russian state protects the rights of people to use real estate. But there are situations in which it takes a lot of effort to get this protection. In some cases, people registered and living indoors have more rights to it than the owner of this property.
Actions of a citizen owning a real estate object
If the owner of the property got into a delicatethe situation and registered people in the apartment do not go to leave it, it is necessary to prepare a special claim for recognition that has lost the right to use the living quarters. Judicial practice shows that such situations occur quite often. This is a complex procedure, in which you need to know the basic subtleties and laws. To the court decided to recognize a citizen who lost the opportunity to use the property, you need to collect a lot of evidence and develop the correct scheme of action. Few people without legal assistance can win the case, so it is better to find a competent lawyer.
If a person does not know all the nuances, whenthe right to use private property is lost, it may face various problems. For example, in a situation where an apartment was purchased by one of the family members prior to marriage, but the second is registered in it and continues to live even after the divorce. In the bodies of the court it is necessary to sue for recognition of the loss of the right to use the living quarters of the second spouse.
Usually when discussing such matters the courtstands up for the protection of the rights of the owner of the apartment and issues a decree on the eviction of the former spouse. And also the evicted person is removed from the registration authority. But in any situation there are exceptions. By the way, if the privatization took place at the time when the spouses were married and one of the parties refused to own it in favor of the second spouse. Even after the divorce, the abandoned spouse has the right to permanent use of the property.
When a person uses an apartment under a contract of employment
The role of recognition of the rightuse of living space by members of the employer's family, more precisely people who signed the lease contract and live on it. With such questions, people often go to court. Usually this happens if there is reliable information that the citizen and members of his family are registered in the real estate object, but do not live in it.
Recognition as lost the right to use residentialroom - an excuse to deprive a person of registration. This is a very important issue for those who live in apartments where third parties are registered and monthly have to pay utility bills for them.
Such actions also help those who are going toto arrange an apartment in the property, but it can not do this without the consent of the people registered in it. A person who has lost his right to use a dwelling can not claim an apartment or other real estate. However, in order for the court's decision to be so, it will be necessary to try and provide the maximum possible amount of evidence.
Why the court can refuse to satisfy the claim
Be sure to be prepared for the fact that the courtcan and refuse in the statement of claim, since there are quite a lot of situations in our time. In order for the judge not to have any questions, it is necessary to present all possible evidence and testimony of witnesses.
Great importance for the court has a new placeresidence rights. Therefore, whenever possible, it is necessary to collect documentation about his new place of residence and that he moved there by his own will, and not through pressure of the plaintiff or other persons. For lawyers and lawyers specializing in such cases, this situation is already routine, and they easily receive the necessary court decision. A person can not always win a hearing independently. Therefore, it is better not to try to save, but immediately hire a specialist.
The procedure for recognizing the lost use of a dwelling
It happens that the registered resident leftat home and does not fulfill the obligations that are set by the Federation Council of the Russian Federation. Then the owner of personal property can prepare a claim to the judicial authority on recognition of the lost his right to use the living quarters.
If the employer is registered on the living space, but never lived there, the owner can prove in court that the person did not acquire the right to use this property.
The Housing Code of the Russian Federation in Article 83found that if a person and all members of his family moved out of the apartment or any other real estate object, the contract of employment is considered complete from the moment of departure. And also it is necessary to know what exactly the court pays attention to when making such decisions:
- Nature of departure. In any situation, the judge will consider whether the tenant left voluntarily or was forced to do so by the owner of the dwelling. Forced to move a person may because of some circumstances. For example, intra-family conflicts, divorce. In this case, the parties must provide evidence relating to the immediate departure from the apartment. If the case was voluntary, only the testimony of the parties will suffice, if the exit was compulsory, the evidence may be appeals to the district police, to the testimony of witnesses.
- For how long did the person leave? In this case, it is meant, temporarily left the person from the room or permanently. If you give an example of a temporary absence from the apartment, then this is a business trip, a survey, a sanatorium, service in the armed forces, departure for the reason of taking care of a sick relative. If a person has changed his place of residence, the owner can confirm this by the lack of personal things of the defendant in a private home. To establish the truth, the court is able to request the necessary information from various bodies.
- Are there any obstacles to living? If the owner permanently prevented the residence of the registered person in the apartment, for example, systematically changed the door locks. In this case, the defendant independently proves the truth about the inconveniences caused to him. Usually it is quite easy, if at the moment of obstacles the respondent applied to the police or to the district police.
- If the defendant acquired the right to use another residential facility. But this is taken into account only if the possession was acquired, otherwise the court does not consider these evidence.
- Failure to perform their duties. The contract of social hiring states that a person must contribute his part in paying utility bills, if this does not happen, the contract can be terminated.
Having studied in detail all thethe judge decides. If there is enough of them in aggregate, a decision is made on recognizing the citizen who has lost the right to use the living space, which in the future will be removed from the account in the relevant body.
Advice to plaintiffs and defendants
If the person registered in the apartment is longtime does not pay utility bills, it is not necessary to demand them from him. It is much easier to check if the apartment has a personal belongings of a citizen, and to file a claim with a judicial authority. It is not necessary to try to find out the relationship personally and especially to spoil relations with him.
Those who are registered, but for some reason do not live in a dwelling, it is necessary to know:
- so as not to be discharged from the apartment through the court, you must regularly make a certain amount of utility bills;
- if you can not pay for services personally, you need to send money to the owner of a postal order, indicating that the money is transferred to pay for services;
- If the owner interferes with living in an apartment, you can apply to the police with a statement about it.
It is necessary to know that the grounds for the right of useResidential premises arise immediately after the conclusion of the contract of employment. If we proceed from the Housing Code of the Russian Federation, one citizen's registration in the apartment is not enough to obtain the right to use the property. The basis comes when the person has moved to the specified address and lives in it.
Determination of the procedure for using a dwelling
In order to understand this difficult issue, you need to know some nuances.
Owners who have a jointproperty apartment, can decide how they will use the property by agreement. This option is considered to be the best, as it produces fewer conflicts. Legislation does not establish certain requirements for such an agreement, the only thing that parties need to know is that the contract must be drawn up in accordance with the basic rules on contracts.
What is better to make in the agreement:
- to clarify, the whole room or a certain part is transferred to the use of the second party;
- at what time each party may use the equity property;
- indicate other points of interest.
For property owners there isthe possibility of determining the procedure for using a dwelling through a court. In any case, even if the parties reach the trial, the judge will ask them to settle this issue peacefully.
Usually, when writing an application for the right to useproperty, the plaintiff requests the court to assign to each participant a certain area in the apartment as property. This norm is also determined by the Housing Code of the Russian Federation. It is worthwhile to understand that it is possible to demand the establishment of the procedure for the use of property only for the part that the person owns. The court will necessarily consider all the nuances associated with each of the parties to the process. It is of great importance for the court whether the defendant has any other property in property.
What is considered an object of ownership of housing
In any area of law there are objects and subjects. In the Housing Code of the Russian Federation it is established that the objects of housing rights are different types of residential premises.
These include:
• private houses;
• apartments;
• rooms;
• parts of apartments.
According to the laws of Russia, any person,resident on the territory of the Russian Federation, must be registered. It is for this purpose that people are registered in living quarters. Often there are situations when a person is registered in a house, but does not live there. In such moments, the owner of the property is able to submit a claim for recognition of the lost the right to use the living quarters.
How should a real estate tenant
In the event that the tenant has entered the apartment legally, he has certain duties for his residence with the lessor. Regulates these responsibilities Housing Code of Russia:
- Use the housing provided only for its intended purpose, while the person must comply with sanitary and hygienic standards;
- it is necessary to ensure the safety of housing;
- regularly make repairs and maintain the housing in a satisfactory condition;
- pay utility bills on time;
- when changing the terms of the contract, you must notify the owner.
Quite often, when a divorce occurs, one of the spouses moves out of real estate, but remains in it written. This causes a lot of inconvenience to other residents:
- For all registered, you must pay utility bills, even if the person does not live in an apartment.
- You can not formalize the ownership of the apartment, because the consent of all registered citizens is necessary.
- It is not possible to register other people until all property owners come to the passport office.
What evidence should be submitted to the court
In order for a judicial authority to decide on the loss of its rights to property, real estate, the plaintiff needs to collect evidence.
What is included in the evidence base for the court:
- If the plaintiff left voluntarily, then it is necessaryprovide a new employment agreement, an extract from the Russian registry (in case the defendant has other housing), a copy of the certificate of ownership, a certificate from the place of residence of the registered person and his family members, documentation of registration records for the living space causing questions.
- Copies of the payment of utility bills drawn up by the police officer of the act of causing obstacles to the residence of the defendant in the apartment of the plaintiff.
- Testimony of witnesses both for voluntary departure, and for departure under duress.
- Other evidence on which the court will be able to decide.
Russian legislation establishes thatAs evidence that a person does not use the object of housing rights, that is, an apartment or house, the court may accept both individual facts and their totality. In any case, the decision will remain with the court, so do not think that the whole procedure is quick and easy.
Deregistration of registration
After a person is recognized in court as having lost his right to use an apartment, you can contact the registration authorities and deprive him of his registration.
Usually litigation is initiated by:
• employer and members of his family;
• the owner and members of his family.
The judge in his decisions always relies onlegislation and evidence presented. However, when the right to use a dwelling is forcibly lost, a person remains without a residence permit, and administrative responsibility is provided for the lack of registration in our country. The recognition of a person who has lost the right to use a dwelling can occur in a judicial procedure.
