Benefits for children of deprived fathers of parental rights. Deprivation of parental rights of the father: why, how, what will be the consequences? Is it possible to deprive a father of parental rights, what needs to be done

There can be many reasons for eviction. A careless tenant who refuses to move out, although the lease agreement has long since expired, an ex-husband (or wife) whose marriage has been dissolved, but does not want to voluntarily leave the living space, neighbors who maliciously violate public order.

Often, to evict unwanted tenants, it is enough to terminate the lease agreement with them, but sometimes the tenants categorically refuse to move out, and you have to resort to the help of the judiciary and, after a court decision, bailiffs.

Grounds for eviction

There are many different situations in which eviction from a residential premises is legal and legal, for example:

• the spouses divorced, and one of them is the owner, and the second does not even have registration for this living space;
• the rental agreement has expired or is terminated by either party;
• the owner sold the residential premises in which, in addition to him, former family members, for example, an ex-husband or wife, live;
• the tenant violated the agreement concluded with the owner of the apartment or its landlord, it does not matter whether it was a formal agreement or an oral agreement;
• the living space was not used for its intended purpose;
• the tenant did not maintain the apartment in proper condition, as a result of which it lost part of its value or is destroyed;
• tenants systematically violated the rights or interests of other residents and neighbors;
• the residents maliciously violated public order.

For example, neighbors constantly complain that residents are rowdy, have rows with other residents, often make noise at night, and maliciously violate the rules of the hostel.

All of the above reasons for eviction apply only to residential tenants; it is much more difficult to evict the owner of an apartment or house.

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.

For example, neighbors complained that your tenant often makes noise at night, not allowing others to rest, constantly quarrels with residents of other apartments, and behaves inappropriately. If you have given the tenant a notice of impending eviction and he has stopped disrupting the order, it will be quite difficult to evict him.

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.

And only after all measures have failed, the owner of the apartment can file a claim for eviction.

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:

1. 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.
2. The building in which the apartment is located is subject to demolition. Equal housing must also be provided in return.
3. The house is scheduled for major renovation. Equivalent living space in return.
4. 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:

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

For example, a tenant remodeled a two-room apartment, turning it into one large studio space, but he did not receive permission for reconstruction. If he legalizes the redevelopment through the court, then the municipality does not have the right to evict him from their apartments. But if the court did not consider it possible to legitimize the actions of the tenant and refused to satisfy his claim, then municipal authorities have the right to evict such a tenant without providing him with other premises. Moreover, the plaintiff may demand that the residential premises be restored to their original condition at the expense of the defendant.

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 example, a childhood friend came to you, asked to stay for a week while he found an apartment, but he’s been living there for six months, and you just can’t get rid of him. In this case, the court will certainly decide to evict the unwanted “neighbor”.

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.

But if a minor child lives in the apartment, then it will not be possible to evict him without providing alternative housing.

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.

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:

1. 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.
2. 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.
3. 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

Sample statement of claim for eviction from a municipal apartment

A public housing eviction claim is slightly different from other eviction claims. In addition to the claims for the eviction itself, the plaintiff must indicate the following (one or more of the following):

1. Deprive the rights that give grounds to live in residential premises. It is necessary to justify the requirement in accordance with the law.
2. Forced eviction. Complete information is provided on both the tenant and the residential premises from which the latter must be evicted.
3. Remove from registration. In this case, FMS employees are invited to participate in the court hearing.

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.

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.

For residents MOSCOW available FREE consultations in office provided by professional lawyers on the basis Federal Law No. 324 “On free legal assistance in the Russian Federation” .

Don't wait - make an appointment or ask a question online.

If the housing is municipal, then the period of absence of the tenant should not exceed six months.

It is also necessary to take into account the reason for absence from living space. For example, if a person bought himself a new living space, then this is a good reason for the municipal owner.

If he is forced to leave the apartment by exerting physical or mental pressure, the court may involve prosecutors in the case.

Application for eviction of a non-residing relative

If relatives own housing on the basis of shared ownership and one of them does not live in the apartment, this is not a reason for litigation. POSSESSION and ABSENCE are not valid reasons.

For example, in a divorce, a wife may file a lawsuit to evict her ex-spouse, but the court will take into account many factors:

1. Presence of minor children.
2. How is the property registered and to whom?
3. Whether the spouses invested common funds in home renovation or not.
4. Joint loans spent on improving living conditions.

Each problem is individual and is considered by the courts taking into account the rights of all persons involved in the conflict. Particular attention is paid to citizens specified in the Resolution of the Plenum of the Supreme Court.

These include:

• minor children;
• disabled people;
• pensioners;
• citizens recognized as low-income.

But, if a non-resident relative owns an interest in the home and does not pay utilities, this will be a STRONG basis for filing a claim. By his actions, the citizen violates.

The consequences of non-payment can affect neighbors and infringe on their rights and interests, which violates the Procedural Code and gives a person the right to appeal to the courts ().

If a person has dissolved a family relationship, does not live in the premises, but has a statement of claim registered there, the owner can write at any time.

The lack of housing rights makes it possible to discharge a person, even without filing an application.

Application for eviction of a person not living in a privatized apartment

The privatization process is a measure taken by the state to provide citizens with their own housing. By 2018, the municipal housing stock should cease to exist. But this will not happen, because for a certain category of people, privatizing housing is unprofitable or unnecessary.

When filing a claim from the owner to evict a non-resident tenant, the following points must be taken into account:

A statement of claim for the eviction of a family member of the former owner from a purchased privatized apartment is filed on the basis of a change in the owner of the premises. In this case, the court will side with the buyers.

But the process of vacating the premises may be complicated if the tenant proves that he was absent from the apartment for a good reason, he can prove this and demand the restoration of his rights.

This situation is common in judicial practice when a person has been in prison for a long time or undergoing hospital treatment.

Application for eviction of a person not living in public housing

The owner can file a claim to vacate the occupied living space if he proves that the tenant has been absent from the premises for more than six months. This is precisely the period established by law.

As a rule, this situation arises under the following circumstances:

In these situations, a claim is filed to terminate the tenancy agreement and the tenant is evicted.

If a person proves that the municipal authorities were mistaken regarding his absence or it was accompanied by coercion from third parties, then he will be required to provide him with new housing of equal conditions.

A sample eviction claim can be downloaded from us.

If minor children are involved in the relocation from a municipal apartment, then it is IMPOSSIBLE to kick them out onto the street.

Eviction claim - statute of limitations

A claim for eviction from a residential building has a statute of limitations. According to the Civil Code, this period is THREE years.

For example, if a person was absent all this time, and the owner was in no hurry to go to court, then it will not be possible to forcibly vacate the property.

Situations in which the statute of limitations applies in a dispute:

If deadlines are missed, a claim for forced eviction is not filed. A lawyer should consider the situation and understand whether it is possible to apply for restoration of the deadline on the basis of.

Claim for eviction of a non-resident citizen from home

An application for eviction from a house of a person not living in it is submitted under the same conditions as for the forced vacation of an apartment. The difference lies in the ownership rights not only of the residential building itself, but also of the plot of land underneath it.

For example, if the land is owned, but the building on it does not belong to the resident, then it will not be possible to kick such a person out of the house through a court procedure, even if he does not live there.

How to deregister a non-resident citizen

First, you need to understand that the Federal Migration Service must deregister a person at the request of the owner. But in practice, without a court decision, this is almost impossible.

We have already written about this in the article -

If a person does not live in the apartment, this is not a reason to deregister him without a court decision.

Let's look at situations in which the FMS authorities can remove a tenant without a court decision:

1. The person has been in prison for more than three years.
2. Declaring a citizen missing or dead.
3. A citizen undergoes military service in the armed forces.

In other cases, all problems are resolved legislatively.

Application for eviction from the hostel

In most cases, hostels are municipal facilities or with their participation in shared ownership. Accordingly, if a person does not live there, this becomes obvious, because in these residential buildings there is a access system.

The owner quickly finds out the fact of the tenant’s absence and applies to the judicial authorities to force the eviction of such a tenant.

The main difference between moving out of an apartment and a hostel is the mandatory pre-trial work of the owner of the property. He is obliged to notify the tenant of all changes in writing and signed.

You can get acquainted with this problem in the article -.

Conclusion

An application to evict a non-resident tenant must be drawn up by a lawyer. Otherwise, the court may not accept the claim.

If you have any questions and need advice, leave comments on the article or write to us by email.

We will definitely answer you and provide the necessary information completely free of charge.

The document form “Statement of Claim for Eviction” belongs to the heading “Statement of Claim”. Save the link to the document on social networks or download it to your computer.

In ___________ district court of Moscow
(address)_____________________________

plaintiff: (full name)_________________________________
(address)________________________________________

defendant: (full name)______________________________
(address)______________________________________

third party: Department of the Federal Migration Service for Moscow
115035, Moscow st. B. Ordynka 16/4 building 4

State duty: based on clause 3, part 1, art. 333.19 of the Tax Code of the Russian Federation is ____ rubles
STATEMENT OF CLAIM
about eviction

I _________________ own ____ share of the apartment located at the address: ______________________________. Certificate of ownership series No.___________ dated __.__.____.
The other owners of the apartment are _________________ and _____________ for __ share each. Certificate of ownership series No. ______ dated __.__.____, certificate of ownership. No_________________ dated __.__.____
I acquired the right of ownership on the basis of a purchase and sale agreement for __ share in the ownership of the apartment dated __.__.____, concluded between me - _______________________ and _________________________________.
In addition to me, the following are registered in the indicated living space:

__________________________, __.__.____
__________________________, __.__.____
This circumstance is confirmed by an extract from the house register dated __.__.____.
During the period up to ____ year ________________ was in a registered marriage with the defendant - __________________.
_____________, together with ______________ and minor children, lived in an apartment located at ________________________.
In ____ year, namely __.__.____. The marriage between _______________ and the defendant is dissolved. Divorce certificate No. ______ dated __.__.___
Article 35 of the Constitution of the Russian Federation guarantees the right to own property, own, use and dispose of it, both individually and jointly with other persons.
In accordance with Art. 209 of the Civil Code of the Russian Federation, the owner has the rights to own, use and dispose of his property.
By virtue of Part 1 of Art. 30 of the Housing Code of the Russian Federation, the owner of a residential premises exercises the rights of ownership, use and disposal of the residential premises belonging to him by right of ownership in accordance with its purpose and the limits of its use, which are established by this Code.
Based on Part 1 of Art. 31 of the Housing Code of the Russian Federation, members of the family of the owner of a residential premises include his spouse living together with this owner in the residential premises belonging to him, as well as the children and parents of this owner. Other relatives, disabled dependents and, in exceptional cases, other citizens may be recognized as members of the owner’s family if they are settled by the owner as members of his family.
According to Art. 304 of the Civil Code of the Russian Federation, the owner may demand the elimination of any violations of his rights, even if these violations were not associated with deprivation of possession.
In accordance with Art. 292 of the Civil Code of the Russian Federation, members of the owner’s family living in residential premises belonging to him have the right to use this premises under the conditions provided for by housing legislation.
Members of the owner's family who are legally capable and have been limited in their legal capacity by the court and who live in the residential premises belonging to him are jointly and severally liable with the owner for the obligations arising from the use of the residential premises.
Currently, there is a violation of my rights and legitimate interests on the part of the defendant - _________________.
The defendant is not a member of the owner’s family, while the defendant refuses to voluntarily leave the residential premises owned by me and continues to live in the residential premises located at the address: ____________________ without legal grounds.
At the same time, _____________ drinks alcohol, creates a conflict situation, as a result of which living together with him in the same living space is not possible.
In addition, ______________ has a place for permanent residence in addition to the disputed apartment at the place of his permanent registration.
According to Part 2 of Art. 292 of the Civil Code of the Russian Federation, the transfer of ownership of a residential building or apartment to another person is the basis for termination of the right to use residential premises by family members of the previous owner, unless otherwise provided by law.
Thus, there are grounds for satisfying my claims, namely: termination of ______________________’s right to use residential premises and eviction from the residential premises located at the address: _____________________________________.

Based on the above and guided by Art. 209, 288, 292, 304 of the Civil Code of the Russian Federation, part 1 of article 30, part 1 of article 31 of the Housing Code of the Russian Federation, -

I ASK THE COURT:

Evict ____________________ from the residential premises located at: _____________________________.

Applications:
1. A copy of the statement of claim;
2. A copy of the receipt for payment of the state duty;
3. A copy of the certificate of ownership __________________;
4. A copy of the certificate of ownership __________________;
5. A copy of the certificate of ownership __________________;
6. A copy of the purchase and sale agreement for __ share of residential premises;
7. A copy of the divorce certificate between ____________ and ________________;
8. A copy of an extract from the house register dated __.__.____;
9. A copy of the representatives' power of attorney.

(FULL NAME)____________________

" " _______________ 201_

• 
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Statement of claim for eviction for non-payment. Ask yourself how to evict a person and his family for non-payment from an apartment? There is only one answer, through the court, and in this regard, today we will examine another claim for eviction. In this topic we will talk about social tenancy, what rights do a person who lives in an apartment under a social tenancy agreement have, and what happens or can happen if you do not pay rent for an apartment under a social tenancy agreement?

Eviction for non-payment is possible only on the basis of evidence, and for this it is necessary to prepare it. As a rule, the evidence base for eviction for non-payment consists of repeated ignored warnings about the need to urgently pay for housing and utilities.

Eviction for non-payment

Eviction for non-payment with provision of alternative housing

If the tenant and his family members living with him for more than six months without good reason do not pay for housing and utilities, they can be evicted in court with the provision of another residential premises under a social tenancy agreement, the size of which corresponds to the size of the residential premises. premises established for moving citizens into the hostel.

Eviction for non-payment without provision of alternative housing

If the tenant and (or) members of his family living with him use the residential premises for other purposes, systematically violate the rights and legitimate interests of neighbors or mismanage the residential premises, allowing it to be destroyed, the landlord is obliged to warn the tenant and members of his family about the need to eliminate the violations . If these violations entail the destruction of the residential premises, the landlord also has the right to assign the tenant and his family members a reasonable period to eliminate these violations. If the tenant of the residential premises and (or) members of his family living with him, after warning the landlord, do not eliminate these violations, the guilty citizens, at the request of the landlord or other interested parties, are evicted in court without providing another residential premises.

Without the provision of other residential premises, citizens deprived of parental rights may be evicted from their residential premises if the cohabitation of these citizens with children in respect of whom they are deprived of parental rights is recognized by the court as impossible.

Statement of claim for eviction for non-payment - completed sample

To the Moscow court
Plaintiff: Housing and communal services of Moscow
Address: Moscow, st., Moskovskaya 1
Defendant: Pupkin Pavel Pupkov
Address: Moscow, st., Moskovskaya 2

Statement of claim
On the eviction of a tenant and his family members from a comfortable residential premises due to failure to pay for the residential premises within six months with the provision of another residential premises under a social tenancy agreement

Defendant Pupkin Pavel Pupkov, in accordance with the social tenancy agreement, is the tenant of a comfortable isolated residential premises in an apartment building at the address: Moscow, Moskovskaya st. 2. Members of his family live with the defendant: Pupka’s wife, Pupka’s children.
For 6 months, the defendant, without good reason, has not paid rent for the premises and utilities, which is a failure to fulfill the obligations of the tenant of the premises under the social tenancy agreement.
The defendant was repeatedly warned by the plaintiff about the need to pay for housing and utilities, but did not respond to the plaintiff’s warnings.
Based on the above and in accordance with Article 90 of the Housing Code of the Russian Federation,

Make a decision to evict the defendant and his family members from comfortable residential premises at the address: Moscow, st., Moskovskaya 2, with the provision of residential premises at the address: Moscow, st., Moskovskaya 3, the size of which corresponds to the size of the residential premises established for the eviction of citizens to the hostel.

Application:

1) A copy of the social tenancy agreement dated September 11, 2014.
2) A copy of documents confirming the defendant’s failure to fulfill his duties.
3) Copies of written warnings from the plaintiff to the defendant about the need to pay for housing and utilities.
4) Extracts from the house register, copies of personal accounts.
5) Receipts for payment of state duty.
6) Copies of the statement of claim for the defendant

Signature _________