Housing disputes
Court declared that two relatives had lost their right to use our client’s apartment
We represented the apartment owner, Saidkodir Khotamov (Хотамов Саидкодир Саидалиевич). His uncle and cousin remained registered at the apartment after moving out voluntarily. The court declared that both defendants had lost their right to use the property. The judgment provides a basis for ending their residence registration at that address. The relatives had already moved out voluntarily. The owner withdrew the eviction claim, and the court terminated the proceedings concerning that claim. Actual removal from the residence register is not confirmed in the published case information.
Situation
We represented the apartment owner, Saidkodir Khotamov (Хотамов Саидкодир Саидалиевич).
His uncle and cousin remained registered at the apartment after moving out voluntarily.
The court declared that both defendants had lost their right to use the property.
Our position
The judgment provides a basis for ending their residence registration at that address.
The relatives had already moved out voluntarily. The owner withdrew the eviction claim, and the court terminated the proceedings concerning that claim.
Actual removal from the residence register is not confirmed in the published case information.
Result
The Tsentralny District Court of Krasnoyarsk (Центральный районный суд г. Красноярска) declared that both defendants had lost their right to use the apartment (case No. 2-494/2024, default judgment of 20 February 2024, reasoned decision of 11 March 2024).
The client retained ownership of the apartment.
The eviction claim was withdrawn by the owner, and proceedings in that part were terminated.
Result
The court declared that both defendants had lost their right to use the apartment
The Tsentralny District Court of Krasnoyarsk (Центральный районный суд г. Красноярска) declared:
- Khotamov Rakhmat Boturovich (Хотамов Рахмат Ботурович) — lost the right to use the apartment;
- Khotamov Khasan Rakhmatovich (Хотамов Хасан Рахматович) — lost the right to use the apartment.
Two registered relatives lost the right to use the owner’s apartment.
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 did not evict the defendants: they had already left voluntarily, and the owner withdrew the eviction claim; proceedings in that part were terminated.
Court
Tsentralny District Court of Krasnoyarsk (Центральный районный суд г. Красноярска)
Case
No. 2-494/2024
Default judgment date
20 February 2024
Reasoned decision date
11 March 2024
Plaintiff
Saidkodir Khotamov (Хотамов Саидкодир Саидалиевич)
Defendants
Khotamov Rakhmat Boturovich (Хотамов Рахмат Ботурович), Khotamov Khasan Rakhmatovich (Хотамов Хасан Рахматович)
Status of client
plaintiff, owner of the apartment
Subject of the dispute
recognition that the defendants had lost the right to use the apartment
Originally also claimed
eviction
Eviction claim
withdrawn by the plaintiff after the defendants’ voluntary move-out; proceedings in that part were terminated
Number of defendants
2
Family relationship
uncle and cousin of the owner
Result
both defendants recognized as having lost the right to use the apartment
Consequence for registration
the decision is a basis for terminating their residence registration at the place of residence
Actual removal from the residence register
not confirmed in the published case information
Form of proceedings
default (заочное) proceedings
Lawyer
Viktor Erofeev, Konsultant Law Firm
Practice Areas
Practices Related to This Case
Managing Partner, Konsultant Law Firm
Nikolay Nemkov
Do you need to terminate the right of a registered person to use an apartment?
We will review the ownership right, the grounds for registration and moving in, actual residence, family relations, participation in expenses and any existing agreements on the use of the housing. We will determine whether there are grounds to apply to the court for recognition that the person has lost the right to use the residential premises.