One of the unique features of communal apartments is that multiple families can live in them. Although each owner has their room, the common areas like the toilet, bathroom, and kitchen are shared by all. This creates tension and conflicts, sometimes domestic crimes, insults, and other problems. Living in an apartment shared by another person is a cause for anger. I was a resident in a communal apartment and saw a lot. So I can understand the questioner.
What is the explanation for his mother’s stay at the apartment by the owner of the apartment share? This is his mother.
A member of the family must live in the apartment for as long as they want. But is this true? Let’s look at the law.
The right to live in the dwelling is granted to the owner of the share, or any person permanently registered in the residential premises. According to Article 20 of the Civil Code of the Russian Federation, the place of residence refers to the place where a citizen resides permanently or predominantly. According to article 6 of the Law of the Russian Federation of May 25, 1993, No. 5242-I “On freedom of movement, choice in place of stay and residence within Russia” – A citizen of the Russian Federation must register at his new residence no later than seven days after he has moved to it.
Permanent registration gives rise to the right to live in an apartment. A person who is not registered but lives in an apartment may be subject to criminal liability – article 322.2 of the Criminal Code of the Russian Federation.
It is easier for an apartment owner to own a share of the apartment. The Russian Federation’s Civil Code article 209 gives the right to the owner to use, own and dispose of his property.
Article 247 of the Civil Code of the Russian Federation states that the joint ownership of property is subject to agreement by all participants. If no agreement is reached, the court will determine the procedure.
If the apartment’s co-owner wants to move his mother or relative into the apartment, he must get the written permission of all other owners. It is also necessary to agree on the terms and duration of a person’s residence. A person can also use common areas such as the kitchen, toilet, and bathroom.
Other co-owners may file complaints with the family law firm surrey enforcement agencies if there isn’t such consent. Administrative responsibility can be taken to the mother and the shareowner, who allowed the mother to stay in the apartment. Article 19.15.1 of The Code of Administrative Offenses of Russia Federation. You can get a fine of between 2,000 and 5,000 rubles.
Other co-owners may also be able to go to court to evict mom with the assistance of bailiffs.
The second part of the question is now. How do you prove that more people are living in your apartment than is registered? This question is partially answered. You can file a complaint with the police. The police officers will arrive, along with the district officer. They can prepare a protocol and take statements from those who live in the building. If the mother of the coowner is taken to administrative responsibility, here’s the proof.
You can also establish that the apartment is occupied by third parties in other ways. A municipality may adopt a Resolution to approve the administrative regulations that govern the provision of the municipal service “Issuance an Act of Inspection on the Living Conditions of Citizens”. The Management Company or Housing Office can also be contacted to request an act of inspection regarding the living conditions of citizens. These acts can be used to identify the residents of the dwelling. Members of the commission sign the act, along with neighbors. You can also use this act to send a claim to the mother and co-owner to request the removal of your dwelling. You can appeal to the court if you are denied.
The only thing I can say is that co-owners can register their minor children and move them into their living quarters without consent from other co-owners.