Eviction and de-registration from an apartment or a house
Sometimes there are situations when the owner of a residential premises (house or apartment) wants to stop living together with other residents of such housing. As the owner, he has the right to freely own and dispose of the property belonging to him, but there are certain peculiarities regarding housing as property.
There is a difference between the de-registration of a person and the actual eviction from the occupied premises.
Persons registered in the apartment can be de-registered at the will of the owner. But there are certain steps need to be taken.
The best option is an agreement with the cohabitant about his voluntary de-registration. But this is not a very common option. A person may be in another city, have no time or wish to deal with this issue.
In this case, the only way is to conduct de-registration or eviction from the apartment in court.
You need reasonable grounds to file such a statement of claim.
ADVA lawyers will explain you in detail all possible grounds for de-registration from an apartment or house, as well as analyze your situation.
Ground for de-registration of a person:
- absence of the renter or his family members in the residential premises for more than 6 months without valid reasons (Article 71 of the Housing Code of the Ukrainian SSR);
- absence of family members of the owner of the residential premises for more than 1 year without valid reasons (Article 405 of the Civil Code of Ukraine);
- loss of a family member status of the housing owner (divorce, death of the owner).
Eviction is the termination of a person’s right to actually use and stay in an apartment or a house.
It can occur voluntarily (the person leaves the housing himself) and in a compulsory (judicial) order.
The grounds for filing a claim for the removal of obstacles to the use of property and the eviction of a person from housing are:
- if a resident systematically destroys, spoils the living space or uses it for other purposes;
- if he makes it impossible to live in the same housing with him by his behavior;
- if he moved into a house or apartment without legal grounds;
- if he has no legal grounds for living in housing.
In any case, before taking active actions, we recommend that you get the advice of a lawyer and coordinate your actions with him.
We do not advise you to act independently: do not prevent a person who is registered in your apartment from accessing housing, and do not expel him by force. In this case, an undesirable renter can file a lawsuit against you and collect compensation for moral damage.
Leave this question to ADVA lawyers. They will correctly draw up a statement of claim to the court and help to collect the necessary documents.