An important question: can the owner write a person out of the apartment without his consent

17 March 2023, 18:42 | Ukraine
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According to studies conducted before the full-scale aggression of the Russian Federation, 6.8 million people lived in Ukraine not at the place of residence or without registration.

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Lawyers of the charitable foundation "

They emphasized that it is now possible to discharge a person from housing without his consent, only if such a person is not the owner or co-owner of this housing.

To do this, the owner or co-owner of the apartment must personally apply to the ASC with an application to change the place of registration. It is impossible to write out the owner or co-owner from the housing without his presence or consent.

However, if a person is not a co-owner of housing, then according to the Law of Ukraine "

on an application for the removal of a person from the declared or registered place of residence (stay), filed in paper form by such a person, his legal representative or representative;

at the request of the owner of housing of private ownership, filed in paper form, in relation to an adult, whose place of residence (location) is registered or declared in housing owned by the owner on the basis of ownership. If the homeowner submits an application for removal from the declared or registered place of residence (location) of the parents or other legal representatives of the child or one of them, such a child is subject to removal from the declared or registered place of residence (location) together with his parents or other legal representatives or one.

Removal from the declared or registered place of residence (stay) of the child is not carried out at the request of the owner of the housing, if the owner of such housing is not one of the parents or other legal representatives of the child.

Submission of an application for removal from the declared or registered place of residence (stay) of a child under 14 years of age or a person recognized by the court as partially capable or incapacitated is carried out by one of the parents or other legal representatives of such a person with the consent of the other parent or legal representatives.

Removal from the declared or registered place of residence (stay) of a child aged 14 to 18 is carried out with the consent of his parents or other legal representatives or one of them, except when such a person is an education seeker and is registered / declared in a hostel.



That is, if the person that the owner plans to remove from registration is not a co-owner of the housing or his child, then he, as the owner of the housing, has the right to apply to the ASC with documents confirming the ownership of housing.

Recall that the Verkhovna Rada adopted in the second reading a controversial law on compensation for destroyed housing. The deputies approved part of the changes that were criticized by experts the day before.




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