If a person who does not own a home lives in an apartment legally, then he has equal rights and bears the same responsibilities as the one who moved him into this apartment.

The owner or tenant can move into the residential premises. These are two different statuses in terms of rights to an apartment. An owner is a citizen who owns an apartment and has the right to dispose of it at his own discretion. The tenant has only the right to use the apartment established by the social tenancy agreement concluded between the owner and the tenant. The rights of both the owner and the tenant are almost the same.

One of the rights is the opportunity to move someone into an apartment as a family member, whose residence will be legal and it is called the “right to use residential premises.”

And since there is a right of use, it is also possible to lose such a right.

Subjects of the right to use residential premises may be:

• owners,
• employers,
• citizens settled by the owners,
• citizens installed by employers.

Loss of the owner's right to use residential premises

The owner of a residential premises may lose the right to use in the presence of circumstances provided for by housing legislation.

1. For example, as defined in the rules of Art. 29 of the Housing Code of the Russian Federation, the consequences of unauthorized redevelopment or reconstruction of an apartment by the owner may be the forced sale of such an apartment at public auction with payment to him of the funds remaining after withholding the costs of executing the court decision. That is, the court may recognize the owner who has violated the requirements of housing legislation as having lost the right to this apartment.

   Unauthorized redevelopment is work to change the configuration of an apartment; such changes must be made in the cadastral passport of the residential premises. Unauthorized reconstruction is already the installation, replacement or transfer of utility networks, sanitary and other equipment; such changes also require reflection in the cadastral passport.

   Important! If these changes are not legalized by the owner, and in addition significantly violate the rights of neighbors, then the court’s recognition of the loss of the right to an apartment is quite possible.

2. Another circumstance, already provided for by civil law, can deprive the owner of the right to an apartment - this is mismanagement of the residential premises. According to the provisions of Art. 293 of the Civil Code of the Russian Federation, the sale of housing at public auction is possible in the event of systematic violation by the owner of the rights and interests of neighbors, use of the apartment for other purposes, as well as the above-mentioned mismanagement.

   Important! Mismanagement of residential premises means the owner’s refusal to carry out repairs and routine maintenance of the apartment or bringing it into a state of disrepair, in which living in it becomes practically impossible.

3. The following circumstance that could lead to the loss of the owner’s right to residential premises is provided for in Art. 302 of the Civil Code of the Russian Federation. That is, if the court finds that the apartment was removed from the possession of the previous owner against his will, which the buyer did not know and could not know, then the right to the apartment will be lost at the request of the previous owner.
4. A circumstance such as foreclosure on residential premises deserves special attention. We are talking about mortgaged real estate. Such loss of use arises on the grounds provided for in Art. 78 of the Federal Law “On Mortgage (Pledge of Real Estate)”.

   This situation becomes possible when the borrower, who has secured the fulfillment of his obligations to the lender, provides residential premises as collateral. And in case of debt on the loan, the collateral can be sold. In this case, the legislation links the moment of loss of the right to use residential premises with the moment of foreclosure on it.

5. And the last circumstance is enshrined in the provisions of Art. 32 of the Housing Code of the Russian Federation is the seizure of a land plot for state or municipal needs. In this case, the owners of residential premises can either receive other, equivalent housing in return for the seized property, or monetary compensation in the amount of the redemption value. Such seizure of land can occur, for example, during the construction of federal or regional roads.

Loss of the right to use residential premises by the tenant

Housing legislation provides for the termination and termination of a social tenancy agreement by agreement of the parties. This is possible in cases where the employer moves to another place for permanent residence. And the right to use housing terminates from the moment the contract is terminated.

As for the loss of the right to use, it can only be recognized in court and when the following circumstances are established, as provided for in Art. 83 of the Housing Code of the Russian Federation.

1. The tenant does not pay for housing maintenance and utilities. The legislation provides for a minimum period during which housing is not paid for, six months. In practice, more than one year may pass from the moment the debt arises to the fact of loss of the right to use. Because the very mechanism of recognizing a citizen as having lost the right to use residential premises due to arrears in paying for housing maintenance and utilities is implemented taking into account the balance of rights and interests of the owner and the tenant. Typically, the employer is given the opportunity to pay off the debt gradually.

   Important! If, after the time allowed to repay the debt, the tenant does not pay the required amount, then the prospect of loss of rights and eviction becomes closer and more tangible.

2. Destruction or damage to residential premises. This takes into account both the illegality of the employer’s actions and the systematic nature of these actions. That is, not every destruction or damage can become grounds for going to court. For example, if a water pipe burst and flooded apartments on the lower floors, resulting in damage to ceilings and walls, we cannot talk about the unlawfulness of the tenant’s actions. And even if a pipe in one apartment breaks twice within a year, there will be no consistency. Because the owner is responsible for the proper maintenance of water supply networks in a residential premises.

   But illegal installation of gas equipment or installation and operation of electrical appliances that resulted in destruction or damage to a living space (explosion, fire) will be regarded as illegal actions with all consequences.

   Important! Failure to carry out cosmetic repairs, destruction of walls and ceilings, allowing the living space to become unsanitary - all this may lead to the loss of the right to use the living space.

   If the tenant, who caused the destruction or damage to the residential premises, does not eliminate the violations after the owner’s demands, then the grounds for going to court will be compelling.

3. Systematic violation of the rights and legitimate interests of neighbors. The main sign of this circumstance is the impossibility of living together with such an employer. Non-compliance with silence rules recorded by the police is one example.

   A striking example is the transformation of an apartment or room into a shelter for homeless animals - lonely elderly people bring in stray cats and dogs, but due to age and health conditions they are unable to properly care for the animals, as a result of which the apartment turns into an uninhabitable premises. Such a neighborhood clearly violates the rights of other residents.

4. Use of housing for purposes other than its intended purpose. Here, an example of such a violation on the part of the tenant could be the use of an apartment as an office, store or other premises used for business activities. Since paragraph 1 of Art. 17 of the Housing Code of the Russian Federation establishes that residential premises are intended for the residence of citizens, then if they have residential status, they cannot be used otherwise. Therefore, a tenant who violates this requirement of housing legislation risks losing the right to use the apartment.

Loss of the right to use residential premises by displaced citizens

The owner or tenant of residential premises has the right to move in and register not only relatives, but also other citizens as members of his family. Thus, all residents of the apartment will have equal rights and responsibilities.

Grounds for loss of use of residential premises for citizens moved in by the owners

Such grounds are provided for in Art. 31 of the Housing Code of the Russian Federation. These include:

• termination of family relations with the owner
• expiration of the period of use of residential premises established by a court decision

Termination of family relations within the meaning of housing legislation is indisputable and established upon the dissolution of a marriage or its recognition as invalid.

Important! That is, if the spouses divorced, then one of them, who is the owner of the property, can file a lawsuit to recognize the former spouse as having lost the right to use the residential premises.

In relation to other family members, it will be necessary to prove the termination of family relations. And this may be the absence of a joint budget, refusal to participate in the maintenance of living quarters and payment of utilities, lack of joint household management, or the actual residence of a former family member at a different address.

Whether the court evicts a former spouse or a former family member depends on the circumstances. Thus, the provisions of Art. 31 of the Housing Code of the Russian Federation provide for the possibility of retaining the right of use for a former member of the owner’s family if the defendant does not have the opportunity to live in another residential premises. But such a right can be preserved by the court for a certain period. And if it is established that the owner has the financial ability to provide for the evicted former family member, the court may oblige the owner to provide the former spouse and family members with other housing if he has alimony obligations towards them.

When recognizing a family member of the owner as former, the provisions of family law must also be taken into account, which excludes the dependence of children’s housing rights on the termination of family relations between parents. That is, until children reach adulthood, their rights to use housing are retained.

The second basis for the loss of housing rights - the expiration of the period of use of residential premises established by a court decision - applies only in cases where the case of loss of the right to use and eviction has already been considered by the court and, as a result, a decision was made to preserve the right for a certain period.

Important! After this period, the right to use the residential premises of the former family member of the owner is automatically lost.

Grounds for loss of the right to use residential premises for citizens moved in by the tenant

Unlike family members of owners, this category of citizens is protected by law from eviction in the event of termination of family relations. That is, the provisions of Art. 69 of the Housing Code of the Russian Federation provides that if a citizen ceases to be a member of the tenant’s family, but continues to live in this apartment, then he retains the right of use to the same extent. But he will already have independent responsibility for the obligations of the social tenancy agreement, and not jointly and severally, as was the case before the termination of family relations.

The basis for the loss of the right of use for citizens moved in by tenants is the failure to fulfill the obligations provided for by law for all citizens living in the apartment - refusal to participate in the maintenance of housing and payment of utilities, an immoral lifestyle that violates the rights and legitimate interests of family members of the tenant, actual residence in another living space.

The loss of housing rights in itself does not arise automatically, only on the basis that it is provided for by law. It is only possible to recognize a citizen as having lost this right in court. And it will be very difficult to do this without the support of a lawyer specializing in such cases.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

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 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, thenderegistrationmade 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 .
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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 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
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Therefore, we will become your reliable assistants in solving difficult housing issues.

Loss of the right to use residential premises on the territory of the Russian Federation is a completely real and legal procedure, and we are talking here about both a private house and an apartment or room, whether personal or municipal. The judicial body makes such decisions only after a corresponding claim has been filed with it. In addition to the statement of claim, documents are also attached that serve as the basis for termination of the right to use housing. Preparing these grounds is the responsibility of the plaintiff. The court only considers the presented claim with the accompanying papers, and is obviously not interested in taking one side or another.

A court decision, along with the recognition of the loss of use rights, serves as an indisputable basis for the termination of any contracts with the defendants (usually we are talking about employment, including social). In addition, this document makes it possible not only to evict a person, but also to remove him from registration at his place of registration, regardless of his opinion and protests.

However, first of all, plaintiffs need to remember that filing such a claim is only allowed once. If you provide insufficient reasons and approach the matter carelessly, you will receive a refusal and nothing can be done.

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Lifetime use

Questions about the loss of the right to use residential premises are almost always associated with conflicts, especially if evicted residents begin to fight to preserve their rights. The current Russian legislation provides for cases when, even if there are grounds, the owner of a property cannot deprive a certain category of persons of the opportunity to live there. Such citizens can behave unceremoniously, constantly create inconvenience for the owner, and deliberately interfere with the eviction process. In a normal situation, such conflicts are resolved through court if there is a sufficient amount of evidence and witnesses. However, there are persons who have the right to unlimited and preferential use of residential premises, and it will not be possible to challenge this right. These include:

Despite the fact that such citizens cannot lose their rights of residence, this does not give them the opportunity to dispose of this real estate or make decisions regarding the conclusion of transactions.

When can you lose your rights?

Recognition as having lost the right to use residential premises by law becomes real in certain situations, namely when:

Considering the last point in more detail, it is worth noting that even the presence of permanent registration in an apartment, house, room or other residential premises will not serve as an obstacle to the court making a decision on eviction and loss of user rights.

Citizens will completely lose their rights to use residential premises after a court verdict and deregistration at their place of residence.

What if the housing is municipal?

The loss of the right to use housing refers to a legal basis. In essence, this is an official, legal ban on further living in a certain residential area and using it in any other way. If a person who does not have any proprietary rights to a real estate property decides to voluntarily lose the opportunity to further use the property for its intended purpose, there is no need to go to court. It is enough to independently appear at the migration service at your place of registration and sign out.

When the right to use is terminated:

• Deregistration;
• The presence of large debts on utility bills, which is a failure to fulfill obligations regarding the occupied living space;
• Gross violation of the interests and rights of other residents (must be recorded by calling law enforcement agencies);
• Receiving a term of imprisonment;
• Recognition of a person as incompetent (medical certificate).

If we are talking about social housing, then in the case when a tenant acquires another living space, the municipal administrative commission, after a certain period of time, decides on the loss of this person’s rights of use and terminates the contract.

Details of departure and payment

The nuances of leaving the living space after the loss of use rights are determined by the court, depending on whether the person lost them voluntarily or involuntarily. Conflicts often occur, and, as practice shows, most often they are family conflicts. Here, the main role will be played by the testimony of witnesses, protocols and acts of law enforcement agencies, the local police officer, examination of the damage caused, as well as other evidence that the eviction is legal and deserved.

It is also necessary to take into account the fact whether the person who lost his rights had permanent or temporary registration in the occupied housing, whether it was a rental, whether the person moves and for what reasons lives at the specified address. If necessary, judicial authorities conduct an examination to confirm the fact of a person’s residence or non-residence at a certain address.

Since the lawsuit is usually filed against tenants, they will have to defend their rights and prove that the owner is illegally preventing them from living. This will significantly delay the legal process and complicate the case for both parties. However, if the reason for deprivation is non-payment of utility bills, the defendant can hardly count on a positive decision.

When to go to court?

Filing a claim in court, recognizing a person as having lost the right to use housing and depriving him of his registration has its own characteristics, depending on the grounds for this, for example:

In any of the above cases, an application is submitted to the court at the location of the immovable property. Speaking about the termination of family relationships, referring to Article 34 of the Housing Code of the Russian Federation, it is worth noting that this serves as a significant basis for the simultaneous loss of the rights to further exploit the housing.

Non-payment of utilities

When a person who does not use the living space, but is registered there and does not pay for utilities, does not in any way bear his obligations for the maintenance of this property, he can be evicted. To do this, the owner of the property files a claim with a judicial authority, where he demands to recognize that the tenant has lost the right to use the property. Despite the fact that registration does not give ownership rights, it affects the amount of utility bills, and these are significant expenses that are constantly increasing.

The fact of non-residence and non-payment must be documented. In addition, the owner, aka the plaintiff, often has no idea where exactly the registered person lives and cannot contact him. This usually complicates the task, since the case is considered one-sided, and in court it is important to consider the situation from both sides.

If the defendant’s place of residence is known, a summons will be sent to him. The authorities of the Federal Migration Service at the location of the apartment, house or other housing in question serve as a third party considering the claim document.

Documents for the claim

The statement of claim must be submitted to the court with the following documents:

It is advisable to attract witnesses who can speak on the plaintiff’s side. They can be not only neighbors and relatives, but also other persons who witnessed any action.

When faced with housing disputes, and remembering that you can only go to court on this matter once, it makes sense to consult with an experienced lawyer rather than try to figure it out on your own. This is especially important if unexpected surprises arise during the process and there is opposition from the defendant, who is not satisfied with the loss of this object. The services of specialists have their price, but the risk that a person takes, relying only on his own strength, is sometimes unjustified and costs much more.

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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.

Important: 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.

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.

Important: 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 that is not jointly acquired 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.