Solving the problem of “dead souls” or how to discharge the former owners from their homes

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The situation when former tenants are registered in the newly purchased apartment is not uncommon. In Moscow alone, the number of apartments for sale with registered tenants is 10–12% of the total. Their purchase is fraught with the fact that new owners will have to pay rent for registered “dead souls” and difficulties may arise with the subsequent sale of the apartment. How can you solve this problem??

How to buy an apartment without tenants registered in it

How to find out who is registered in the apartment

Anyone intending to purchase a home will need to carry out these actions. This will help avoid the “surprises” described above. Information about the tenants registered in the apartment is reflected in the house book. An extract from it can be obtained from the local housing office or passport office. But according to the law, employees of these institutions should not provide any information to a person who is not the owner of real estate..

The easiest way for a potential buyer of an apartment is to obtain from its owner a notarized power of attorney to obtain information about citizens registered in it. By presenting it at the passport office or housing office, you can easily get answers to all your questions..

Another option for obtaining information about registered tenants is to write a corresponding request-appeal to the Federal Migration Service, to which, according to the law, its employees must respond within 30 days. True, without the consent of the registered persons themselves to provide their personal data, representatives of the FMS will not give any information to strangers.

What points of the purchase and sale agreement should you pay attention to?

You should insist on the inclusion of a clause in the contract that the residents registered in the acquired premises must leave it within a certain time frame. It will not be superfluous to prescribe in the text the responsibility for failure to fulfill this obligation. This will be an additional guarantee that the new owner will not have to deal with the eviction of old tenants through court for a long and painful time..

You should know that according to Article 558 of the Civil Code of the Russian Federation, the real estate purchase and sale agreement must contain information about the people who retain the right to use the acquired residential premises. If such a list is not specified in the agreement, it will be considered not concluded.

Solving the problem of

Categories of persons who cannot be discharged from the apartment

Citizens who refused to privatize real estate in favor of another person on a voluntary basis

This is confirmed by the Resolution of the Plenum of the Supreme Court No. 14 of July 2, 2009.

Minors

The process of their forced discharge is almost impossible. The only option is to admit through the court that the registration of the minor was formal. But the chances that the new buyer of the apartment will be able to collect evidence for this, which will suit the court, is extremely small..

Persons receiving annuity under a dependent lifelong maintenance contract

If the contract for life maintenance stipulates their residence in the premises, it will not be possible to carry out the forced eviction of these persons, which is confirmed by paragraph 1 of Article 602 and paragraph 1 of Article 586 of the Civil Code of the Russian Federation.

Persons who have received the right to use the premises for life by will

It happens that the deceased bequeaths to his heirs real estate, but at the same time indicates that a person also has the right to reside in it. Even if the heirs decide to sell the property, the person’s right of residence remains.

One of the spouses who is guaranteed the right to live in the marriage contract

According to Russian law, he cannot be deprived of his right of residence if this was a condition of a marriage contract or an agreement on the division of property.

We write out former residents through the court

Having found out that the former tenants remained registered in the apartment, you can try to resolve the matter amicably by sending them a notification that they have lost the right to use this apartment and must leave it. If no response has been received, there is only one way out – go to court.

Required documents

The following documents must be attached to the statement of claim:

  • notarized contract of purchase and sale of residential premises;
  • certificate of ownership of the acquired property;
  • certificate of registration at the place of residence;
  • a copy of the notice sent to the old tenants, with a postal receipt and an inventory of attachments;
  • receipt of payment of state duty;
  • a copy of the statement of claim sent to the defendant, with a postal receipt and a list of attachments;
  • evidence that the former residents voluntarily moved out of the premises and no longer live there, if they can be collected.

What needs to be reflected in the claim

The document will be called – “Statement of claim for the loss of the right to use the residential premises and deregistration.” These requirements must be justified by the fact that according to subparagraph “e” of paragraph 31 of the “Rules for the removal of citizens of the Russian Federation from registration”, such actions are performed only by a court decision. You need to file a statement of claim at the place of residence of the residents registered in the apartment.

Where to go after receiving a court decision

According to Art. 209 of the Code of Civil Procedure of the Russian Federation, the court decision, unless it has been appealed, comes into force one month after its adoption. On its basis, the FMS authorities must remove the defendant from registration. But this does not always happen. To be faithful, the plaintiff can personally go to the passport office with a court decision and write an application to remove the defendant from registration.

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