There are still unwritten tenants in the purchased apartment what to do
When buying an apartment, it is recommended to carefully check the documents. So, it is necessary to make sure that the owner discharged all registered persons from it. But, sometimes, a person buys an apartment in which there are registered residents. What should I do? Especially if people are in no hurry or do not want to check out for some reason. It remains to go to court. Who can be discharged from the apartment legally? These persons include people who died and were recognized as prematurely absent, citizens with fictitious registration, divorced from the owner, deprived of parental rights, living in another apartment with their family, using housing for other purposes, as well as persons who do not pay for housing.
The procedure for discharging a person is as follows:
1. The owner must hand over to the defendant a notification with a request to check out. In person or by mail.
2. Prepare a statement of claim and collect the necessary documents: a purchase and sale agreement, an extract from the USRN, a request with a note on delivery, a receipt for the paid state duty, as well as certificates of payment for utilities.
3. Then you will have to participate in the court session. It is allowed to contact a lawyer.
4. The defendant can be evicted only after a court decision in your favor.
Important: according to the law, minor children left without parental care cannot be discharged from the apartment. And it is also impossible to evict residents who once refused the right to privatize. Difficulties may arise with shared ownership and inheritance. There is also an option of having the exclusive right of residence of registered persons. It should be borne in mind that even in mild cases, court proceedings can take a long time. Therefore, when difficulties arise, it is better to contact professionals.
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