Apartment with burdenning
Buying the apartment with <burdenning> means that buyer gain the home, in which already live (are registered) other people. Moreover they do not be going to to free жилплощадь or, as minimum, leave with registrations.
According to new Housing Code a right of use by dwelling premises of former member of family of owner stops simultaneously with cessation of ownership on given dwelling premises of this owner (п. 5, ст. 31 ЖК РФ). That is to say if apartment is sold, all, who in her is registered, must automatically lose the registrations. But to leave with registrations, people themselves must apply to passport table. And if they this do not do, that at the best evict their will possible be through court (cl. + 31 ЖК РФ). The People are caused in court by official summons if they are not, that send necessarying summons possible will not earlier than in three months. To solve the deal in court without their presences, necessary to send not less 3-х summonses. So procedure of evicting can be delayed not less, than for 6 months.
In some cases right of residence can be preserved on decision суда. <If property position of former member of family of owner of dwelling premises and other claiming attention circumstances do not allow him to provide itself other home, right of use by dwelling premises, belong to specified to owner, can be preserved for former member of its family on determined period on the grounds of decisions of court> (п. 5 ст. 31 ЖК РФ).
If buyer veins has signed the agreement, in which there was is specified that such-that people reserve a right of use given by apartment, that draw them through court will impossible! The Court will be on their party.
That this did not occur, check <legal purity> apartments.
Attentively read the agreement bathe-sale: persist on cut-in in it item about that that <apartment is not burdenned, not mortgaged, does not inhere under arrest>, as well as obligation registerred жильцов to leave with registrations for 30 days (or other stipulated period) since moment of registrations of deal in registration chamber.
Pay Attention To reference about registrations (earlier - <reference about composition of family>) or extract from brownie of book. Must be notarial completed consent to deal all adult, registerred in apartment.
If in apartment are registered minor or they are owners veins.
