Close relationship, in the absence of a family relationship does not give rights to tenure of the owner. On 31-Oh to article of the housing code of the family members of the owner of the dwelling close relatives will only be in the case of a joint residence. The lack of right of abode will result in cancellation of registration.
In the summer of 2015, I advocate on housing issues, legal aid was contacted by a citizen In.. Many years ago, he has prescribed in his apartment son.
However, the son to the apartment of the principal was not moved, have not lived relationship with his father is not supported. When the Trustee decided to sell the apartment, the son to be discharged refused.
Convinced of the unwillingness of the son V. to voluntarily withdraw from registration, I, as the lawyer on housing disputes, with successful experience in litigation of this kind, suggested to the principal to issue his son through the courts.
Was prepared and submitted to regional court the statement of claim on the termination of the son of the principal of tenure, removing it from the register.
The defendant objected, filed a counter-claim for recognition of the right of residence, not chinen obstacles to the use of the apartment. The son of the principal claimed to have participated in the payment of utilities, leaving money in the mailbox of the father, for some time lived in his apartment that currently has no alternative accommodation.
Me – an experienced lawyer on housing Affairs, was composed of a reasoned written objection to the counterclaim. In the course of the trial I argued their claims with references to the decisions of the Supreme Court.
The judge was critical of the testimony of the defendant about his involvement in the payment of utility bills. My arguments, by themselves, close family relations are not the basis for the emergence of the right of use of premises, the court agreed.
24 Sep 2015 the decision of Zelenograd district court in Moscow in the case №2-2449/2015 the claim of the Trustee is satisfied: the right to use the defendant's apartment of the principal terminated with the removal from the register. The defendant's counterclaim is denied.
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