Eviction and deregistration from a residence

What is happening

After a divorce, the former spouse remains registered in a flat that the other spouse inherited or bought before the marriage. He or she has not lived there for years but will not deregister voluntarily, and utility charges are still calculated for them.

You bought a flat, but the seller or the seller's relatives still appear on the residence register. The contract promised deregistration by a set date; the date has passed, and the seller does not answer the phone.

A municipal flat held under a social tenancy has a relative registered in it who moved to another city long ago. The rest of the family want to privatise or exchange the flat, and the absent occupant stands in the way.

What the law says

• Under the Housing Code, when family relations with the owner end, the former family member as a rule loses the right to use the home. A court may preserve that right for a limited period, taking into account their financial position and other circumstances.
• Under the Civil Code, the transfer of ownership of a home to another person ends the right of the previous owner's family members to use it, unless the law provides otherwise. One exception concerns those who declined to take part in the privatisation of that home.
• A social tenant who has moved to another permanent residence is treated as having terminated the tenancy from the day of departure. This has to be proved in court: that the move was voluntary and permanent, and that the tenant stopped performing their obligations.
• A final court decision on eviction or on loss of the right of use is the ground for deregistration under the Government's registration rules; the person's own consent is not required.
• If the occupant does not vacate voluntarily, the judgment is enforced by a bailiff under Federal Law No. 229-FZ of 2 October 2007 "On Enforcement Proceedings".
• A prosecutor takes part in eviction cases, and where minors' interests are affected the court involves the guardianship authority and looks especially closely at where the child will live.

What we do

• We analyse the grounds: who the owner or tenant is, how the occupant is related, and when and on what basis they moved in.
• We gather evidence of non-residence and non-performance of obligations: payment records, neighbours' statements, information about the occupant's other residence.
• We send a demand to vacate and deregister, and record the reply or the lack of one.
• We prepare a claim for eviction or for a declaration that the person has lost, or never acquired, the right of use.
• We represent you in court, including where the prosecutor and the guardianship authority take part.
• After judgment we see through the deregistration and the enforcement proceedings for eviction.
• We defend occupants: proving that the departure was forced or that they have an independent right to the home, and asking for the right of use to be preserved for a period.

What we will need from you

• Documents on the right to the home: a register extract, the social tenancy agreement or the original occupancy warrant.
• The single housing document or an extract from the residence register.
• Documents supporting the claim: the divorce certificate, or a sale contract containing the deregistration clause.
• Payment records showing who actually bears the housing costs.
• Information about the occupant: where they live now, how to contact them, whether they have other housing.