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Statement of claim for discharge from the apartment.

Compose yourself statement of claim even a kangaroo can be discharged from the apartment

It is possible to write out from the apartment without consent only through the court.

To be discharged from the apartment, you need to prepare a statement of claim.

How to draw up a statement of claim in 15 minutes in order to discharge from an apartment?

So let's get started.

We will draw up a statement of claim for discharge from a municipal (non-privatized) apartment.

Below is a template for the statement of claim that we will fill out.

You can get a statement of claim to be discharged from a municipal apartment by following this link: get a statement of claim.

————————————————————————————————————-

________________________________

(name of the court)

Plaintiff: ____________________________

(Full Name) (postal code and postal address)

tel: ______________________

Defendant: _____________________________

(Full Name)

____________________________________

(postal code and postal address)

tel: ____________________

STATEMENT OF CLAIM

on recognition as having lost the right to use residential premises

DESCRIBE YOUR SITUATION AND LEGAL CIRCUMSTANCES HERE

In accordance with part 3 of article 83 of the Housing Code of the Russian Federation: "In the event of the departure of the tenant and his family members to another place of residence, the contract of social rental of the residential premises is considered terminated from the date of departure, unless otherwise provided by federal law."

According to the explanations of the Plenum of the Supreme Court of the Russian Federation, set out in paragraph 3 of clause 32 of the Resolution No. 14 of 02.07.2009: also about his unilateral refusal of the rights and obligations under the social contract, the claim for recognizing him as having lost the right to housing is subject to satisfaction on the basis of part 3 of article 83 of the RF LC in connection with the defendant's termination of the social contract with respect to himself. "

Based on the foregoing

I BEG:

1. To recognize __________________________________________________ as having lost the right

use of the living quarters located at the address: ____________ st. _______________________ house _______ sq. ______.

Application:

1. receipt for payment of state duty in the amount of 200 rubles - 1 copy. on 1 sheet,

2. copy of a certificate of family composition dated "___" _________ 20__ No. ___ - 1 copy. on 1 sheet,

3. copy of the social employment contract No. ___ dated "___" ___________ 20__ - 1 copy. on ___ sheets,

4. copy of order No. ___ dated "___" ___________ ______ - 1 copy. on 1 sheet,

5. copy of personal account - 1 copy. on a __ sheet,

6. copy of the act of non-residence of the defendant dated "___" _________ 20__ - 1 copy. on the ___ sheet,

7. …………………………………………………… - 1 copy. on the ___ sheet,

8. …………………………… .. …………………… .– 1 copy. on the ___ sheet,

9. …………………………………………………… - 1 copy. on the ___ sheet,

10. copy of the statement of claim for the defendant with all attached documents - 1 copy. on ____ sheets.

Plaintiff __________ (____________________)

"___" _________ 20__.

——————————————————————————————————

We begin to fill out a statement of claim for discharge from a municipal apartment by indicating the name of the court to which we will submit our statement of claim.

When choosing a court, you need to understand the following rules. An extract from the apartment is carried out on the basis of a decision of the district (city) court.

Therefore, the statement of claim must be submitted not to a magistrate or to a regional or regional court, but to a district (city) court.

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As a general rule,

The statement of claim is submitted to the district (city) court at the place of residence of the defendant.

If you know the actual place of residence of the defendant, then file a statement of claim with the court at his place of residence.

If you do not know the actual place of residence of the defendant, then file a statement of claim at the place of his registration.

That is, you file a statement of claim in court at the location of the apartment from which you want to discharge the non-living person.

  • surname, name, patronymic in full,
  • residence address and telephone number,
  • as well as similar information about the respondent.

If you do not know the defendant's phone number, then accordingly do not include it in the statement of claim.

The name of the claim - "Statement of claim for recognition as having lost the right to use the residential premises", leave unchanged.

The statement of claim is called “for recognition as having lost the right to use the dwelling,” and not for an extract from a municipal apartment.

We will not ask to release the defendant from the apartment.

Our goal: to recognize the defendant as having lost the right to use the apartment.

This is due to the fact that the court itself does not discharge from the apartment.

An extract from the apartment is carried out by the body registering citizens at the place of residence (passport office, registration department of the migration service, or another) on the basis of a court decision.

For the sake of simplicity, I will use the following words and phrases: the court will discharge from the apartment, the court will be able, etc.

These wordings mean that the court recognizes the defendant as having lost the right to use the apartment, and on this basis it will be possible to dismiss him from the apartment.

Based on these circumstances, the court will be able to satisfy the statement of claim. This is the most important section in the statement of claim.

What should the statement of claim in this section contain?

Describe in the statement of claim:

  • how did you or your family get this apartment,
  • when and who is registered in it,
  • who actually lives in the apartment,
  • when the defendant moved out of the apartment,
  • why the defendant left the apartment.

    It is important to indicate here that the defendant left voluntarily, did not intend to return, did not take part in the costs of maintaining the apartment, etc.

  • who pays utility and other payments,

What are legally significant circumstances and how to describe them in a statement of claim?

Legally significant circumstances are the conditions under which the court will be able to make a decision necessary for the discharge from the apartment.

As you can understand

one desire for a compulsory discharge from the apartment is not enough.

We also need the conditions with which the Housing Code of the Russian Federation connects the possibility of discharging a person from an apartment without his consent.

There are several such conditions.

I described all these conditions in free instruction book « How to discharge from a non-privatized apartment? Assess your chances of success in court».

In it, he spoke in understandable language about each of the conditions under which an extract from a municipal apartment without consent is possible.

You can get this book for free by clicking the link in the picture on the right.

However, I will describe

2 conditions (there are five in total) to show you how to complete your claim.

First condition: permanent absence, non-residence of the defendant in a municipal apartment.

Second condition: voluntariness of leaving the apartment ( or the voluntariness of not moving into the apartment).

If your defendant does not live in the apartment permanently, and not temporarily, and he left it voluntarily, and not forcedly, then you need to describe this in the statement of claim and provide facts from life that confirm this.

For example, « the defendant left the apartment voluntarily, since he created his own family and permanently lives with it at the address of such and such in another city. He also works in another city (indicate the place of work, if you know it), which additionally confirms the permanent nature of his absence from the apartment».

Similarly, describe in the statement of claim other facts from your life and the life of the defendant, which confirm all the conditions described in the free mini-book, with which the possibility of being discharged from the apartment is connected.

In my proposed template for a statement of claim, the legal basis is already set out, that is, the statement of claim already contains articles of the Housing Code and clarifications of the Plenum of the Supreme Court of the Russian Federation on issues of discharge from a municipal apartment. You don't need to change anything.

The next step in the statement of claim is to formulate your requirements, that is, what you will ask the court.

The claim template already contains all the necessary wording.

You just have to enter the last name, first name and patronymic of the defendant, as well as the exact address of the apartment from which the extract should be made.

And last but not least, there is the Appendix, which will list all the documents, copies of which you will attach to the statement of claim.

The total number of items in the Appendix is ​​not regulated by law.

The statement of claim may contain 2-3 documents in its Appendix, or maybe 102 documents. It all depends on the amount of written evidence you can collect.

However, in any case, your statement of claim for the discharge from the apartment must necessarily contain in its Appendix:

  • original receipt for payment of the state duty in the amount of 200 rubles,
  • a copy of the statement of claim for the defendant with all copies of the documents that you attach to the copy of the statement of claim submitted to the court.

What documents are required to be checked out of a municipal apartment?

Usually, copies of the following are attached to the statement of claim for discharge from a municipal apartment:

  • a certificate of the composition of the family (it is also sometimes called a certificate of the composition of those registered in the apartment);
  • an apartment order or social contract;
  • personal account for the apartment;
  • an act of non-residence of the defendant in the apartment (if you can get it);
  • other written documents confirming the conditions necessary for discharge from a municipal apartment.

So, the statement of claim for the release from the municipal apartment is ready.

In the second part of the article, I will talk about how to draw up a statement of claim for discharge from a privatized apartment.

Do not go straight to court to file your statement of claim to be discharged from your municipal apartment.

Because I have conducted more than one such case and I know that by filing a statement of claim in court, you will prematurely disclose your intentions to the defendant. And he, for sure, wishing to prevent discharge from the apartment, will begin to collect evidence to refute the conditions that you will need to prove.

Premature filing of a statement of claim, without preliminary pre-trial preparation for the collection of evidence, can lead you to defeat and a complete loss of the ability to discharge from the apartment.

You must understand that by demanding that the defendant be discharged from the apartment, you are asking the court to overstep Article 40 of the Constitution of the Russian Federation, which guarantees every Russian the right to housing.

In order for the court to do this, you must have weighty evidence, not only confirming the conditions under which a person can be discharged from the apartment (you can find out about all the conditions of discharge from the free mini-book), but also refuting the defendant's false arguments.

Courts often refuse to leave an apartment, because the defendant's false explanations are not refuted by the plaintiff's evidence, and the courts find no reason to ignore Article 40 of the Constitution of the Russian Federation.

Get evidence that will not only confirm everything 5 conditions for discharge from the apartment, but it is also possible to refute the defendant's false statements from the defendant himself.

Provided, of course, that he will not yet suspect about your intention to carry out his discharge from the apartment.

To do this, you only need a mobile phone and / or social networks, or email.

How to collect evidence with the help of these ordinary things in the life of a modern person so that in a lawsuit corner your defendant » , I described in the video instructions: “How to discharge from a non-privatized apartment? part "Pre-trial preparation".

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What prevents you from winning the court and being discharged from your apartment?

Dangerous illusions about the statement of claim, which consist of the following:

  • a statement of claim to the court for discharge from the apartment, mistakenly considered an insignificant document,
  • a claim is a kind of formality that can be drawn up somehow, if only the court would accept it and begin the consideration of the case,
  • the most important thing is to start the trial by filing a statement of claim, and then the court will sort it out.

The danger of this delusion is that:

  • An incorrectly prepared statement of claim for discharge from the apartment may be returned by the court without consideration or left without movement. In such a situation, the court process simply will not begin.
  • incorrectly formulated requirements in the statement of claim may lead to the rejection of the claim.

I wish you a wonderful day and a worthy life.