Can I be discharged from the hostel? Can they be evicted from a hostel with permanent registration? Alcoholics and drug addicts

) is specified in the laws. There is a special resolution on this matter with a very long name, number 713 (dated July 17, 1995), plus the Housing Code. People sometimes ignore their registration responsibilities, and then it becomes a matter of coercive measures. Such methods do not frighten many: it is believed that “going outside” is impossible. This means that if violators have no alternative place to live, then there is no government. But what about in reality?

Can they be discharged from the apartment to “nowhere”?

Courts throughout the state answer this question with appropriate documents. They can be very different.

There are no statistics on this matter, but many defendants in such processes, according to court decisions, can indeed be removed from registration literally “into the void.” In official language, this sounds like “without the provision of other living quarters.”

About how city authorities evict tenants apartment building to “nowhere,” the following video tells:

Features of deregistration

Here, a lot depends on why there was a need to discharge a person to “nowhere”, who this citizen is, and what type of housing property became the object of a contested registration. There can be a lot of situations with forced uncontested discharge; let’s look at just a few.

Now let’s talk about how to discharge a person, for example, to “nowhere” from a private house.

From a private home

Everything is very simple if the owner of a private house allows someone to register with him for a while. As soon as this period expires, the registration is canceled.

When providing real estate to owners, it is very advisable to enter into an agreement with those whom they allow to visit them. In such a document you can take into account everything down to the smallest detail and protect yourself from possible difficulties. Based on such an agreement (if it is violated by a temporarily registered person), temporary registration can be terminated early, albeit through the court.

A statement by a guilty person that he has nowhere to live, in in this case will not be an argument. When judgment comes into force, the owner of the house will be able to continue and complete the procedure for deregistering an unwanted tenant at the Federal Migration Service or through the MFC.

At permanent registration « extra person“It will also be necessary to discharge him from a private home by court, but the matter will be more complicated. You will have to prove that the defendant:

no longer lives where he is registered;
does not participate in the maintenance of the house;
does not make any payments.

Other options are possible. If the registration was carried out with any violations, it can simply be declared invalid. There is a special procedure for this in the Federal Migration Service. It may vary depending on the region, so each home owner will have to clarify specific actions in their hometown.

Now let’s talk about whether and how they can discharge a person from a hostel to “nowhere.”

From the hostel

The same rules and features apply here as for other types of housing. The following is important:

the hostel belongs to the city, the enterprise, or the room from which they want to be discharged to “nowhere” is owned by the tenant (tenants);
who exactly is planned to be discharged (a low-income single mother with or an able-bodied man without dependents);
on what grounds is this supposed to be done (violation of a residence contract, long-term absence, default on necessary payments);
Is it really about driving someone “out into the void”, or is the statement about the absence of other housing controversial?

These basic indicators can create a lot of situations. Such intricacies will inevitably have to be resolved in court, and with careful preparation and collection of a lot of evidence.

A special case

It happens that a person is literally asking to be expelled from his home. For example, in cases of serious violations of the law. So, how to discharge an alcoholic and similar elements?

Alcoholics and drug addicts

These and similar addictions have long been firmly classified as diseases. There are many treatment methods, but they all require voluntariness. The problem with most drug addicts and alcoholics is that they completely refuse to admit that they are dependent, sick people. Some claim that with the help of dope they “relax”, others refer to the difficulties of life and misunderstanding of loved ones.

A dependent person is almost always dangerous for those who live with him in the same room, apartment, house. Aggressive behavior under the influence of alcohol or drugs, inappropriate decisions in finding money for the next “dose” (theft, extortion, even murder) are the main threats. How can one not raise the question of an extract?

This procedure takes place according to general principles, through the court. There you will have to prove the danger of living together. The following will be useful:

police reports (addicted people are often characterized by extremely violent behavior);
testimony from neighbors;
receipts for payment of utilities, home repairs, in the financing of which the culprit does not participate.

It is much easier to discharge a convicted person from a private house or apartment; read on to learn how to do this.

If Passport Office agreed to handle your discharge and registration, then above (click on the link) there is already a procedure in this case. But if you are denied registration and you do not want to waste your time on disputes and court, the instructions are as follows (some points are taken from the instructions above):

The power of attorney must be issued not as a general power of attorney, but as a special one, which can be clarified with a notary - he himself will formalize everything as required. If you need an experienced notary, you can contact us for contact information. To call, write to our online legal consultant at the bottom right. You can also consult him for free.

How to check out of the hostel

Firstly, if I had such an opportunity (to register somewhere or with relatives), I would have done it a long time ago, but not everyone has relatives with apartments, much less with extra space, and secondly, I want to pay for living where I actually live, and not registered.

Dear Nadezhda, thank you for responding to my question, but I got the impression that you don’t understand the situation or don’t understand my question. Of course, I can register with people other than my relatives. Then it makes sense for me to check out of the hostel if the cost of registration in the apartment with subsequent payment utilities will be higher than in a hostel, and this is not economically feasible. The goal of my actions is to check out to nowhere, i.e. to the street to save your family budget(I don’t have extra money, like 50% of the population of our country).

How to check out of the apartment

applications for deregistration in the prescribed form(sample can be downloaded here);
a court decision that has entered into legal force on deprivation of ownership or the right to use residential premises, on eviction, on declaring a person missing or dead;
death certificates;
document issued government agency foreign state about the death of a person;
other documents that confirm the termination of the grounds for using residential premises or the grounds for staying on the territory of Ukraine (for foreigners).

They must be deregistered, that is, written out, on the day of application, if you have submitted everything necessary documents. At your request, deregistration and registration at a new place of residence can occur simultaneously on the basis of one application and then you do not need to pay an administrative fee of 27.20 UAH twice.

How to be discharged from the hostel

Having won the court, you will receive a court decision in your hands; it will be needed if the residents refuse to leave the premises on their own. Article 103 of the Housing Code states that if evicted citizens refuse to comply with the justified (by court decision) demands of the landlord for eviction, they will still have to vacate the hostel. In this case, they will be evicted and discharged to judicial procedure without providing them with other living quarters.

Go to court. The rental agreement may be terminated by the landlord in court if the tenant and the persons living with him or her do not fulfill their obligations under the residential rental agreement. Cases that allow the landlord to remove a tenant from the hostel are described in Article 83 Housing Code.

How to check out of Donetsk housing without entering the DPR

At the moment, that is, in the summer of 2015, in order to leave the DPR or LPR, there is no need to go there. Everything is decided at the new place where you decide to register, that is, at the passport office. I would like to note an interesting detail that in order to register a child, the consent and, best of all, the presence of both parents is required.

To leave Donetsk without entering the DPR, you need to go to the passport office (migration service) at your new place of residence. Write an application for deregistration at the old address and registration at the new address. Everything is done at the new place of registration at the same time, there is no need to go anywhere else.

Can they be discharged from an apartment to nowhere: lawlessness or a special case?

When providing temporary registration to property owners, it is highly advisable to enter into an agreement with those whom they allow to visit them. In such a document you can take into account everything down to the smallest detail and protect yourself from possible difficulties. Based on such an agreement (if it is violated by a temporarily registered person), temporary registration can be terminated early, albeit through the court.

Eviction from a hostel under the new Housing Code

Sometimes in practice there are cases of eviction of people who have the only residence permit in the hostel. Court practice is based on the basis on which a person lives in a hostel, does he comply with the rules of residence, does he pay for housing and communal services? Conscientious tenants of residential premises cannot be evicted “to nowhere”. It’s another matter if residents have alternative housing - then eviction from the hostel will be justified.

full name of the district (district) court;
Full name and contact information of the parties (plaintiff – the one who submits the application; defendant – the person being evicted from the hostel);
an indication of the plaintiff’s rights that were violated (for example, living in a dormitory after the termination of a work relationship);
reasons that indicate the legality of a person’s eviction (living in another place, damage to property, etc.);
claim to court;
list of attached documents;
date/month/year of drawing up the statement of claim;
personal signature of the plaintiff.

How to check out

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Everything about

“It’s great that this solemn event coincides with Children’s Day. The state is obliged to show maximum care for the social protection of our children left without parental care. You know that caring for orphans is a priority social initiatives president. The Decree of President Viktor YANUKOVYCH on the national strategy for social orphanhood until 2020 was adopted. It clearly states that the main objective – social protection these guys who found themselves in a difficult life situation"- said BURLAKOV.

“There is a table, stools, an LCD TV, an iron, a wardrobe, an electric stove (just in case, because housing for orphans is gasified), bed linen, a folding sofa, a set of dishes, pillows and a blanket - in general, you can come in and live.”, – reported IDT.

How to check out of the hostel

By the way, registration law states that submission of documents official must be carried out within 3 days from the date of citizens’ application. Registration authorities, within 3 days from the date of receipt of documents, are required to register a citizen at the place of residence and put a mark in his passport about registration at the place of residence. Citizens whose registration is carried out using other identification documents are issued a certificate of registration at the place of residence.

3 working days if a citizen applies directly to the Federal Migration Service
up to 6 days, in case the documents are submitted to the HOA, housing department, MFC
no more than 8 days, when submitting documents to the Federal Migration Service, if the previous place of residence is in another city
about 11 days, in case of applying to the HOA, housing department, MFC for discharge from another locality.

Advice from lawyers:

1. I was discharged from the hostel without my knowledge.

1.1. Konstantin! This means you didn’t live there and didn’t pay utilities. When was the court decision? It may not be too late to appeal if you have objective, valid reasons why you were not there.