Gate and fence 

The right to use residential premises by a court decision. Sample statement of claim for recognition as having lost the right to use residential premises. If you are not a homeowner

The right to use a dwelling has nothing to do with the right to own property.. But the restriction or exclusion of the use of housing must be based solely on the law, since such a right was once granted. Basic legal acts on the use of someone else's apartment - Civil and Housing Codes. To defend your right to reside, you need to know where it comes from, how it ends, and who is authorized to deprive it.

Possession and use

The rightful owner of a home is its owner. There are two types of housing in Russia:

  • private;
  • municipal.

Owners of private housing are people or companies, and owners of municipal housing are the state represented by municipalities.

In this case, the right of ownership can either be registered or not. When registering the right, a certificate of a special form is issued, now such certificates are yellow-pink, until 2003 they were green. It is this paper that is the main document of the owner.

In addition to the certificate in form, there may be another one - the old one, issued in pre-perestroika times, but it is valid to this day. Such papers were issued for land and houses, while warrants were issued for apartments.

Not all Russians have registered their right to apartments, and they do not seek to register it. After all, the right is there, just not registered. For example, having paid in full a share in a cooperative, the shareholder is already endowed with the right of ownership, and no one else has the right to encroach on this apartment.

It is the same in villages, and even in city apartments - people live from generation to generation, actually accepting an inheritance, and do not think about going to Rosreestr.

Meanwhile, homeowners have the right not only to live in it, but also to dispose of it at their own discretion - to sell, change, rent, etc. They also have the right to register family members and relatives in the apartment. But relatives from this do not become co-owners, only users.

Use of residential premises- this is just living in an apartment with the permission of the owner, and it is based on the law.

How does the right to use arise?

In addition to the owner, anyone can live in the apartment according to such grounds:

  • moving in as a family member;
  • under a social tenancy agreement (in non-privatized apartments);
  • by order or contract, employees or employees of the owner (service housing);
  • pupils or students (dormitories of universities or vocational schools);
  • under a lease agreement (rented apartments);
  • under a rental agreement (former owner);
  • under a free use agreement;
  • by testament.

Wherein tenants are registered in the apartment permanently or temporarily with the consent of the owner .

Important : You can register a child without anyone's consent at the place of residence of one of the parents.

Use by family members

As soon as the ownership right is registered, according to article 31 of the Housing Code, the owner can move in and register a family member in the apartment. The Code defines family members as:

  • husband/wife of the owner;
  • his children and parents;
  • other persons (not even relatives) who are infused as members of the owner's family.

As mentioned earlier, the use of property is not at all the possession of it, but users have responsibilities. Along with the owner, all residents are required to comply with the rules of residence:

  • use the apartment only for living in it;
  • maintain housing, not destroy or spoil property;
  • pay your share of utility bills.

The only way to deprive the right of use is through the court, if:

  • family relations with the owner have ceased (official divorce);
  • the owner sold the apartment (the tenants are not family members of the new owner).

It is possible to deprive the court of the right to use on other grounds, for example, the tenant is an alcoholic and does not allow the owner to live in peace, destroys the apartment, does not pay the bills (but there must be a court decision to recover utility payments from him).

If the apartment is municipal

Still not privatized apartment? So you are a user but not
owner . During privatization, the apartment will be registered as the property of all those registered in it, but until it is yours, you are obliged to pay the bills and keep the housing.

You can lose the use of a municipal apartment in cases:

  • moving to another permanent place of residence;
  • systematic violation of the rules for living in an apartment (non-payment of a communal apartment for more than six months, destruction and damage to an apartment, communications, illegal redevelopment, violation of the rights of neighbors, use of an apartment not for living purposes);
  • deprivation of parental rights (if the court finds that the parents do not have the right to live with the child).

Important : if one of the tenants has moved to another place to live permanently, the others do not lose the right to use the apartment.

Service, rental housing, rent and student residences

There is a tenancy agreement here. The terms of the contract are always fixed in writing, and the contract itself must be in the hands of both the owner of the premises and the user. In this case, the rent agreement is registered in Rosreestr. You also need to register a lease agreement if its term is set for more than a year.

The right to use housing:

  • workers or employees (for the duration of service or work);
  • pupils and students (at the time of study);
  • tenants (for the duration of the lease agreement);
  • renters (either for the duration of the contract or for life).

If the terms of the contract are not met, you can legally lose the right to use such housing.

testamentary refusal

It is easier to explain this concept with an example: a grandfather lived in an apartment with a cohabitant. After his death, the apartment passed by will to his grandson. However, in the grandfather's will it was directly noted that the cohabitant has the right to use the apartment either for life or for the specified time. This is what a testament is.

This right is enshrined in Article 33 of the Housing Code. At the same time, the right to use in this mode can be registered with Rosreestr. When the apartment is sold by the grandson, the cohabitant will still have the right to live in it .

Agreement for the free use of residential premises

This is special kind contract, it does not oblige the user to pay anything for
apartment living. Such a relationship between the user and the owner of the housing is described in chapter 36 Civil Code. Here are the terms of the agreement:

  • the lender is the owner of the apartment;
  • the borrower is the user.

The contract must specify:

  • full passport details of both parties to the contract;
  • rights and obligations of the parties;
  • term of the contract.

Sample contract for the gratuitous use of residential premises.

You can prematurely lose use under such an agreement in the following cases (Article 698 of the Civil Code):

  • if the apartment is not used for living;
  • if the tenant spoils the environment or communications and does not monitor the content;
  • if he does not pay a communal apartment (this condition should be clearly indicated in the contract).

There may be other grounds for eviction, such as renting out to outsiders.

Recognition of the right to use residential premises


Recall that disputes about the use of housing are resolved exclusively in court. At the same time, the court is not a world court, but a city or district court. Such claims are considered for a state duty - 300 rubles.

The subject of the claim in such cases is either the recognition of the right to use, or the recognition of the loss of such a right. How can such a dispute arise?

Dispute Example
Under a social lease agreement, a citizen was provided with an apartment. After living there for some time, the citizen got married and moved his wife into an apartment, but the social lease agreement was not reissued. However, according to the law, a wife who has been moved into a municipal apartment as a family member already has the same rights as her husband. If the husband wants to evict her, or dies, you need to go to court to defend the right to use the apartment.

The claim for recognition of the right to use residential premises is written quite simply,. But if your situation is ambiguous, it is better to contact a lawyer or a competent lawyer, because each case is individual. And to lose the case means to lose the right to use the premises.

P is the basis for deregistration of a person in a municipal apartment.

Often there are situations when a person is registered in municipal housing, but does not live there. Privatization requires the consent of all registered persons who are entitled to privatization. And people who do not live in an apartment often do not agree to privatization, abusing their rights. If a person moved into an apartment and lived in it, and after a while he left for another place of residence, then he needs to to recognize as having lost the right to use the apartment / residential premises, Part 3, Art. 83 ZhK RF, if not moved, then not acquiring the right to use.

Quite often, citizens, having seen enough of TV programs “Hour of Judgment” and other similar programs, having read various legal information in the forums, immediately imagining themselves as lawyers, go to court on their own, without a lawyer. And then, when they get a refusal in a lawsuit, they begin to tell everyone what a bad judge and go for legal help. But p recognition as having lost the right to use an apartment / residential premises, Part 3, Art. 83 ZhK RF refers to a very complex category of cases and requires certain conditions to achieve the desired result, and, of course, legal knowledge and practice. Therefore, for p recognition as having lost the right to use an apartment / residential premises, Part 3, Art. 83 ZhK RF you need to get legal help.

So, let's look at how we can implement recognition as having lost the right to use an apartment / residential premises, Part 3, Art. 83 ZhK RF a citizen who does not live in an apartment. According to Part 3 Art. 83 ZhK RF in case of departure of the tenant and members of his family to another place of residence, the contract of social rental of residential premises is considered terminated from the date of departure. According to lawsuits about the PV, the court finds out: for what reason and for how long the defendant is absent from the residential premises, whether his departure from the residential premises is forced (conflict relations in the family, divorce) or voluntary, temporary (work, education, treatment, etc. .) or permanent (he took his things out, moved to another locality, entered into a new marriage and lives with new family in another dwelling, etc.), whether he was prevented from using the dwelling by other persons living in it, whether the defendant acquired the right to use another dwelling in the new place of residence, whether he fulfills obligations under the payment agreement living quarters and utilities(clause 32 of the Decree of the Plenum Supreme Court Russian Federation dated July 2, 2009 No. 14 "On some issues that have arisen in judicial practice when applying the Housing Code of the Russian Federation"). If the court establishes circumstances that testify to the defendant's voluntary departure from the residential premises to another place of residence and the absence of obstacles to the use of the residential premises, as well as his unilateral waiver of rights and obligations under contract of social employment, then a statement of claim for p recognition as having lost the right to use an apartment / residential premises, Part 3, Art. 83 ZhK RF will be satisfied by the court. The absence of a citizen who voluntarily left for another place of residence, in the ownership of housing, the right to use residential premises under a social contract of employment is not a basis for recognizing the absence of this citizen in the disputed residential premises as temporary, since, by virtue of Part 2 of Article 1 of the HC RF citizens, at their own discretion and in their own interests, exercise their housing rights.

As a rule, when a claim is filed for recognition as having lost the right to use an apartment / residential premises, Part 3, Art. 83 ZhK RF the defendant immediately filed a counterclaim for moving in / not obstructing his use of the premises. Proving in court that he was obstructed, so he did not live in the apartment. Before filing a claim, preparation should be made on the case: you can draw up an act of non-residence, which will be signed by the district police officer, neighbors; take a “certificate” from the district police officer that he was not addressed with statements that they were not allowed into the apartment; find witnesses, etc.

in practice it is possible in the following cases:

  1. 1. The person voluntarily left the dwelling for another place of residence.
  2. 2. The term of departure is at least more than 2 years.
  3. 3. The person was not hindered in the right to use the apartment, and there is no evidence of this (application to the district police officer, etc.).
  4. 4. The person does not participate in the payment of utility bills.

If a citizen left the disputed residential premises, having a real opportunity to live in it, did not use his right, stopped fulfilling his obligations under the contract of social rental of residential premises, retaining only registration in the residential premises, then he can be recognized in court who have lost the right to use the apartment / residential premises, Part 3, Art. 83 ZhK RF.

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For legal advice on deregistration or litigation, you can contact the following contacts: email: This email address is being protected from spambots. You must have JavaScript enabled to view., tel.: 8-965-366-2955

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The loss of the right to use residential premises on the territory of the Russian Federation is a very real and legal procedure, and here we can talk about both a private house and an apartment or room, whether personal or municipal. The judiciary makes such decisions only after a corresponding claim is filed with it. In addition to the statement of claim, documents are also attached that serve as the basis for the termination of the right to use housing. The preparation of these grounds is the plaintiff's concern. The court only considers the submitted claim with accompanying papers, and is obviously not interested in taking one side or another.

The court decision, simultaneously with the recognition of the loss of use rights, serves as an indisputable basis for terminating any contracts with the defendants (usually we are talking about hiring, including social). In addition, this document makes it possible not only to evict a person, but also to remove him from registration at the place of residence, regardless of his opinion and protests.

However, in the first place, plaintiffs need to remember that such a claim is only allowed to be filed once. If insufficient evidence is provided, if the matter is approached carelessly, a refusal will be received and nothing can be done.

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Perpetual use

Questions about the loss of the right to use a dwelling are almost always fraught with conflicts, especially if the evicted tenants begin to fight to maintain their rights. The current Russian legislation provides for cases when, even if there are grounds, the owner of housing cannot deprive a certain category of persons of the opportunity to live in it. Such citizens can behave unceremoniously, constantly create inconvenience for the owner, and deliberately interfere with the eviction process. In a normal situation, such conflicts are resolved through the courts if there is a sufficient amount of evidence and witnesses. However, there are persons who have the right of perpetual and preferential use of residential premises, and it will not be possible to challenge this right. These include:


Although such citizens cannot lose their rights of residence, this does not give them the opportunity to dispose of this property or make decisions regarding the conclusion of transactions.

When can you lose your rights?

Recognition as having lost the right to use residential premises by law becomes real in certain situations, namely when:

Considering the last point in more detail, it is worth noting that even the presence of permanent registration in an apartment, house, room or other residential premises will not serve as an obstacle to a court decision on eviction and loss of user rights.

Citizens will completely lose the right to use residential premises after a court verdict and deregistration at the place of residence.

If the housing is municipal?

The loss of the right to use housing refers to the right-establishing background. In fact, this is an official, legal prohibition to continue to live in a certain living area and use it in any other way. If a person who does not have any property rights to an immovable object decides to voluntarily lose the opportunity to further operate the housing for its intended purpose, there is no need to go to court. It is enough to independently appear at the migration service at the place of registration and check out.

When the right to use ceases:

  • Deregistration;
  • The presence of a large debt on utility bills, which is a failure to fulfill obligations regarding the occupied living space;
  • Gross violation of the interests and rights of other residents (be sure to record the calls of law enforcement agencies);
  • Getting a term of imprisonment;
  • Recognition of a person as incompetent (medical conclusion).

If we are talking about social housing, then in the case when the tenant acquires another living space, the municipal administrative commission, after a certain period of time, decides on the loss of the rights of use by this person and terminates the contract.

Nuances of departure and payment

The nuances of leaving the living space after the loss of the rights of use are determined by the court, depending on whether the person voluntarily lost them or was forced. Conflicts often occur, and, as practice shows, most often family conflicts. Here, the main role will be played by the testimony of witnesses, protocols and acts of law enforcement agencies, the district police officer, examination of the damage caused, as well as other evidence that the eviction is legal and deserved.

It is also necessary to take into account the fact whether the person who lost the right had permanent or temporary registration in the occupied housing, whether it was a lease, whether the person moves and for what reasons lives at the specified address. If necessary, the judicial authorities conduct an examination to confirm the fact of residence or non-residence of a person at a certain address.

Since the lawsuit is usually filed against tenants, they will have to defend their rights and prove that the owner unlawfully prevents them from living. This will significantly delay the litigation and complicate the case for both parties. However, if the reason for deprivation is non-payment of utility bills, the defendant can hardly count on a positive decision.

When to go to court?

Filing a claim in court, recognizing a person as having lost the right to use housing and depriving him of his residence permit has its own characteristics, depending on the grounds for this, for example:

In any of the above cases, an application is submitted to the court at the location of the immovable object. Speaking of termination family relations, referring to Article 34 of the Housing Code of the Russian Federation, it is worth noting that this serves as a weighty reason for the simultaneous loss of the right to operate housing further.

Failure to pay utility bills

When a person who does not use housing, but is registered there and does not pay utility bills, in no way bears his obligations to maintain this property, he can be evicted. To do this, the homeowner files a lawsuit with the judicial authority, where he demands to recognize that the tenant has lost the right to use the property. Despite the fact that registration does not give ownership rights, it affects the amount of utility bills, and these are significant expenses that are constantly increasing.

The fact of non-residency and non-payment must be documented. In addition, the owner, who is also the plaintiff, often has no idea where exactly the registered person lives and cannot contact him. This usually complicates the task, since the case is considered unilaterally, and in court it is important to consider the situation from both sides.

If the place of residence of the defendant is known, a summons will be sent to him. The bodies of the Federal Migration Service Administration at the location of the apartment, house or other housing in question serve as a third party considering the claim document.

Documents for a claim

The statement of claim must be submitted to the court with the following documents:


It is desirable to involve witnesses who can speak on the side of the plaintiff. They can be not only neighbors and relatives, but also other persons who witnessed any action.

When faced with housing disputes, and remembering that you can only go to court about this matter once, it makes sense to consult with an experienced lawyer rather than trying to figure everything out on your own. This is especially important in the event of unexpected surprises and confrontation of the respondent, who is not satisfied with the loss of this object. The services of specialists have their price, but the risk that a person takes, relying only on his own strength, is sometimes unjustified and costs much more.

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If a person who does not own housing lives in an apartment legally, then he has equal rights and bears the same obligations that the person who moved him into this apartment has.

The owner or tenant can move into a dwelling. These are two different statuses in terms of rights to an apartment. The owner is a citizen who owns the apartment and has the right to dispose of it at his own discretion. The tenant has only the right to use the apartment, established by the social tenancy agreement concluded between the owner and the tenant. The rights of both the owner and the tenant are almost the same.

One of the rights is the ability to move someone into an apartment as a family member, whose residence will be legal and is called the “right to use the dwelling”.

And since there is a right to use, the loss of such a right is also possible.

Subjects of the right to use residential premises may be:

  • owners,
  • employers,
  • possessed citizens,
  • citizens moved in by employers.

Loss of the owner's right to use the premises

The owner of a dwelling may lose the right to use it in the presence of circumstances provided for by housing legislation.

  1. For example, as defined in Art. 29 of the Housing Code of the Russian Federation, the consequences of unauthorized redevelopment or reorganization of an apartment by the owner may be the forced sale of such an apartment at a public auction with the payment to him of the money left after deducting the costs of executing the court decision. That is, the court may recognize the owner, who violated the requirements of housing legislation, as having lost the right to this apartment.

    Unauthorized redevelopment is work to change the configuration of the apartment, such changes must be made to the cadastral passport of the dwelling. Unauthorized reorganization is already installation, replacement or transfer engineering networks, sanitary and other equipment, such changes also require reflection in the cadastral passport.

    Important! In the event that these changes are not legalized by the owner, and also, in addition, significantly violate the rights of neighbors, then recognition by the court of the loss of the right to an apartment is quite realistic.

  2. Another circumstance, already provided for by civil law, can deprive the owner of the right to an apartment - this is mismanagement of residential premises. According to the provisions of Art. 293 of the Civil Code of the Russian Federation, the sale of housing at public auction is possible in the event of a systematic violation by the owner of the rights and interests of neighbors, the use of the apartment for other purposes, as well as the above mismanagement.

    Important! Mismanagement of residential premises means the refusal of the owner to carry out repairs and current maintenance of the apartment or bringing it into a neglected state, in which living in it becomes almost impossible.

  3. The following circumstance that can lead to the loss of the owner's right to a dwelling is provided for in Art. 302 of the Civil Code of the Russian Federation. That is, if the court establishes that the apartment was removed from the possession of the former owner against his will, which the buyer did not know and could not know, then the right to the apartment will be lost at the request of the former owner.
  4. Particular attention deserves such a circumstance as foreclosure on residential premises. We are talking about mortgaged real estate. Such loss of use arises on the grounds provided for in Art. 78 of the Federal Law "On Mortgage (Pledge of Real Estate)".

    This situation becomes possible when the borrower, who has ensured the fulfillment of his obligations to the creditor, provides housing as collateral. And in the event of the formation of a debt on a loan, the collateral can be sold. The moment of loss of the right to use residential premises in this case, the legislation connects with the moment of foreclosure on it.

  5. And the last circumstance is enshrined in the provisions of Art. 32 of the Housing Code of the Russian Federation is the seizure of a land plot for state or municipal needs. In this case, the owners of residential premises can either receive another, equivalent housing in exchange for the withdrawn one, or monetary compensation in the amount of the redemption value. Such withdrawal of a land plot can be, for example, during the construction of federal or regional roads.

Loss of the tenant's right to use the premises

Housing legislation provides for the termination and termination of a social tenancy agreement by agreement of the parties. This is possible in cases where the tenant leaves for another place on permanent residence. And the right to use housing is terminated from the moment of termination of the contract.

As for the loss of the right to use, it can only be recognized in court and when the following circumstances are established, provided for in Art. 83 of the Housing Code of the Russian Federation.

  1. The tenant does not pay for the maintenance of housing and utilities. The legislation provides for a minimum period during which housing is not paid, six months. In practice, more than one year may pass from the moment the debt arises to the fact of the loss of the right to use. Because the very mechanism for recognizing a citizen as having lost the right to use a dwelling due to arrears in paying for the maintenance of housing and utilities is implemented taking into account the balance of rights and interests of the owner and tenant. Usually, the employer is given the opportunity to gradually pay off the debt.

    Important! If, after the time provided for repayment of the debt, the employer does not pay the required amount, then the prospect of losing the right and eviction becomes closer and more tangible.

  2. Destruction or damage to a dwelling. It takes into account both the unlawfulness of the actions of the employer, and the systematic nature of these actions. That is, not any destruction or damage can be the basis for going to court. For example, if a water pipe burst and flooded the apartments on the lower floors, which caused damage to the ceilings and walls, it is impossible to talk about the wrongfulness of the tenant's actions. And even if a pipe breaks through in one apartment twice during the year, there will be no systematicity. Because the owner is responsible for the proper maintenance of water supply networks in the dwelling.

    And here's an illegal tie-in gas equipment or the installation and operation of electrical appliances that caused the destruction or damage to the residential premises (explosion, fire) will be regarded as illegal actions with all the consequences.

    Important! Not carrying out cosmetic repairs, the destruction of walls and ceilings, the assumption of an unsanitary condition in the living quarters - all this can lead to the loss of the right to use the living quarters.

    If the tenant who allowed the destruction or damage to the residential premises, after the requirements of the owner, does not eliminate the violations committed, then the grounds for going to court will already be weighty.

  3. Systematic violation of the rights and legitimate interests of neighbors. The main feature of this circumstance is the impossibility cohabitation with such an employer. The non-compliance with the rules of silence recorded by the police is one example.

    A striking example is the transformation of an apartment or room into a shelter for homeless animals - lonely elderly people bring stray cats and dogs, but due to their age and health status they cannot properly care for the animals, as a result of which the apartment turns into an uninhabitable room. This neighborhood clearly violates the rights of other residents.

  4. Use of housing for other purposes. Here, an example of such a violation on the part of the tenant is the use of the apartment as an office, shop or other premises used for entrepreneurial activity. Since paragraph 1 of Art. 17 of the Housing Code of the Russian Federation establishes that a residential building is intended for the residence of citizens, then if it has the status of a residential building, it cannot be used otherwise. Therefore, a tenant who violates such a requirement of housing legislation risks losing the right to use the apartment.

Loss of the right to use residential premises by settled citizens

The owner or tenant of a dwelling has the right to move in and register as members of his family not only relatives, but also other citizens. Thus, everyone living in the apartment will have equal rights and obligations.

Grounds for the loss of use of residential premises by citizens moved in by their owners

Such grounds are provided for in Art. 31 of the Housing Code of the Russian Federation. These include:

  • termination of family relations with the owner
  • expiration of the period of use of residential premises established by a court decision

The termination of family relations within the meaning of the housing legislation is indisputable and established upon the dissolution of a marriage or its recognition as invalid.

Important! That is, if the spouses divorced, then one of them, who is the owner of the housing, can apply to the court to recognize the former spouse as having lost the right to use the residential premises.

In relation to other family members, it will be necessary to prove the termination of family relations. And this may be the absence of a joint budget, a refusal to participate in the maintenance of a dwelling and payment for utilities, the absence of a joint household, the actual residence of a former family member at a different address.

The court of the former spouse or former family member will evict, depending on the circumstances. So, the provisions of Art. 31 of the Housing Code of the Russian Federation provide for the possibility of retaining the right of use for a former family member of the owner if the defendant is unable to live in another dwelling. But such a right can be preserved by the court for a certain period. And if it is established that the owner has the financial ability to provide for the evicted former family member, the court may oblige the owner to provide the former spouse and family members with other housing if he has maintenance obligations towards them.

When recognizing a member of the owner's family as the former, the provisions of family law must also be taken into account, which excludes the dependence of the housing rights of children on the termination of family relations between parents. That is, until the children reach the age of majority, their rights to use housing are preserved.

The second ground for the loss of the housing right - the expiration of the period of use of the residential premises established by the court decision - applies only if the case on the loss of the right to use and eviction has already been considered by the court and as a result a decision has been made to preserve the right for a certain period.

Important! After this period, the right to use the residential premises of the former family member of the owner is automatically lost.

Grounds for the loss of the right to use residential premises for citizens moved by the tenant

Unlike family members of owners, this category of citizens is protected by law from eviction in the event of termination of family relations. That is, the provisions of Art. 69 of the Housing Code of the Russian Federation provides that if a citizen has ceased to be a member of the tenant's family, but continues to live in this apartment, then he retains the right to use the same amount. But the responsibility for the obligations of the social contract of employment will already be independent, and not joint and several, as it was before the termination of family relations.

The grounds for the loss of the right to use the citizens moved in by the tenants is the failure to fulfill the obligations stipulated by the legislation for all citizens living in the apartment - refusal to participate in the maintenance of housing and paying for utilities, an immoral lifestyle that violates the rights and legitimate interests of the tenant's family members, actual residence in another residential area.

Loss of housing right itself does not arise automatically, only on the grounds that it is provided for by law. One can only recognize a citizen as having lost this right in a judicial proceeding. And it will be very difficult to do this without the support of a lawyer specializing in such cases.

ATTENTION! Due to recent changes in legislation, the information in the article could be outdated! Our lawyer will advise you free of charge - write in the form below.