Housing disputes
Court declared that two relatives had lost their right to use our client’s apartment
The apartment owner’s uncle and cousin had voluntarily moved out but remained registered at the address. The owner sought termination of their right to use the residential property. The Tsentralny District Court of Krasnoyarsk declared that both defendants had lost their right to use the apartment.
Situation
Our client, Saidkodir Khotamov (Хотамов Саидкодир Саидалиевич), owns the apartment where his uncle, Rakhmat Khotamov (Хотамов Рахмат Ботурович), and his cousin, Khasan Khotamov (Хотамов Хасан Рахматович), remained registered.
By the time the claim was amended, both defendants had already moved out voluntarily, but their residence registration at the apartment remained in place.
The owner had previously asked them to remove their residence registration voluntarily, but that request was not acted upon.
The original claim also sought eviction. Because both defendants had already left the apartment voluntarily, the owner withdrew the eviction part of the claim and the proceedings concerning eviction were terminated.
Legal Task
Establish that the two defendants no longer had a legal basis to continue using the owner’s apartment and obtain a judicial declaration that they had lost the right to use the residential property, so that the judgment could serve as a basis for ending their residence registration.
How the Work Proceeded
What We Did
- 01
Established Saidkodir Khotamov’s ownership of the apartment and the fact that both defendants remained registered there.
- 02
Presented the circumstances showing that the defendants had ceased living in the property: by the time the claim was amended, both had already moved out voluntarily.
- 03
Substantiated the absence of a continuing right to use the apartment by showing that the defendants no longer lived there, did not bear the property’s maintenance expenses and had no agreement with the owner governing their use of the apartment.
- 04
After the defendants moved out voluntarily, withdrew the eviction claim and continued the proceedings only on the issue of whether they had lost the right to use the residential property.
Result
Both defendants were declared to have lost the right to use the apartment
On February 20, 2024, the Tsentralny District Court of Krasnoyarsk in case No. 2-494/2024 declared that Rakhmat Khotamov had lost the right to use our client’s apartment.
The same judgment declared that Khasan Khotamov had also lost the right to use the residential property.
The court stated that the judgment declaring the defendants to have lost their right to use the property provides a basis for ending their residence registration at that address.
The court did not evict the defendants: they had already moved out voluntarily before the remaining dispute was decided, and the eviction proceedings had been terminated. The published case materials do not confirm that their residence registration was actually removed. Viktor Erofeev of Konsultant Law Firm represented the client.
A judgment and actual deregistration are not the same thing
The court declared that the two defendants had lost their right to use the apartment and stated that the judgment provides a basis for terminating their residence registration.
The published case materials do not confirm that the registration records were actually changed. The result therefore should not be described as the defendants already having been “deregistered” or formally removed from the residence register.
Why This Case Matters
Residence registration, ownership and the right to use an apartment are separate legal concepts. Registration does not make a person an owner, but the absence of ownership alone does not automatically terminate a right to use residential property.
In this case, the court considered the combined circumstances: the defendants had moved out voluntarily, no longer lived in the apartment, did not contribute to its maintenance, had no agreement governing their use of the property and provided no evidence supporting a continuing right to use it.
Our role
Konsultant Law Firm represented the plaintiff — the apartment owner, Saidkodir Khotamov (Хотамов Саидкодир Саидалиевич).
The case was handled by lawyer Viktor Erofeev.
The court declared that both defendants had lost the right to use the apartment. The judgment provides a basis for ending their residence registration at that address. The defendants had already moved out voluntarily, and the eviction proceedings had been terminated.
Client
Saidkodir Khotamov (Хотамов Саидкодир Саидалиевич)
Client role
claimant, apartment owner
Defendant 1
Rakhmat Khotamov (Хотамов Рахмат Ботурович)
Relationship
client’s uncle
Defendant 2
Khasan Khotamov (Хотамов Хасан Рахматович)
Relationship
client’s cousin
Subject
declaration that the defendants lost the right to use residential property
Original claims
loss of right to use the property and eviction
Actual move-out
both defendants moved out voluntarily before the remaining dispute was decided
Eviction claim
withdrawn by claimant
Eviction proceedings
terminated
Residence registration
defendants remained registered at the address
Result
both defendants declared to have lost the right to use the apartment
Effect of judgment
provides a basis for terminating residence registration
Actual deregistration
not confirmed
Court
Tsentralny District Court of Krasnoyarsk
Case
No. 2-494/2024
Case UID
24RS0056-01-2023-003761-07
Decision type
default judgment
Decision date
February 20, 2024
Reasoned decision
March 11, 2024
Appeal
not confirmed
Legal finality
not confirmed
Lawyer
Viktor Erofeev
Practice Areas
Practices Related to This Case
Managing Partner, Konsultant Law Firm
Nikolay Nemkov
Has someone moved out of your apartment but remained registered there?
We will review the ownership documents, the basis for residence registration and use of the apartment, the person’s actual living arrangements and the available evidence to determine whether there are grounds to seek a court declaration that the person has lost the right to use the residential property.