A statement of claim for recognition of a person as having lost the right to use residential premises

Legal issues related to rights to residential premises always attract special interest and increased attention.

One of the key situations is a person’s loss of the right to use residential premises, which can arise for various reasons.

In this article, we will consider how it is possible to make such a claim, as well as what help our law firm can provide.

When and why can a person lose the right to use residential premises?

A person may lose the right to use residential premises for various reasons, which may include legal, contractual, or social aspects.

It is important to note that the rules may vary by country and by law, but the main situations of loss of right to use may include the following:

1. Violation of the terms of the lease or user agreement.

• Non-payment of rent. If a person does not fulfill his financial obligations and does not pay the rent, this can lead to the loss of the right to use the residential premises.
• Violation of the terms of the contract. If the tenant (user) violates other terms of the contract, such as rules of conduct, and technical or sanitary regulations, this may be grounds for termination of the right of use.

2. Loss of ownership or changes in ownership structure.

• Sale or transfer of ownership. If the residential premises have been sold or the owner has changed, the new owner may request termination of the lease or user agreement.
• Change of ownership conditions. Other changes in ownership, such as property distribution due to divorce, may also affect user rights.

3. Violation of legislation or public order.

• Criminal activity. If a person is guilty of criminal acts or poses a threat to the safety of other residents, he may lose the right to use the residential premises.
• Violation of public order. For example, unacceptable night noise or disturbance of peace may lead to termination of use of the premises.

4. Expiration of the contract.

• End of the lease term. In the case of a lease, the expiration of the contract may result in the loss of the right to use, unless a new contract is concluded.

5. Judgment.

• Judgment: A judgment based on a breach of contract or other legal grounds can also determine the loss of the right to use.

Given the complexity of these issues, it is recommended to contact qualified lawyers for specific legal advice and support in each specific case.

The main aspects of a claim for recognition of a person as having lost the right to use residential premises

1. Collection of necessary documentation.

• The first stage in drawing up a claim is the collection of all the necessary documentation, which confirms the facts of a person’s loss of the right to use residential premises. This may include copies of the rental agreement, correspondence with the owner, witness statements, or any official notice of violation of the terms of use.

2. Formulation of basic requirements and grounds.

• In the statement of claim, it is necessary to clearly and concretely determine the facts that indicate the loss of the person’s right to use residential premises, as well as to determine the legal grounds for recognizing this right as lost.

3. Appeal to the court.

• After preparing the statement of claim, it is necessary to correctly determine the judicial body to which the claim will be filed. It can be a district court or another relevant judicial body.

4. Presentation of the case in court.

• Our company “Prikhodko and Partners” guarantees professional and qualified representation of the client’s interests in court proceedings. Our lawyers have considerable experience in solving such issues and will provide maximum support throughout the entire legal process.

Help from our company

Our law firm specializes in solving complex issues of housing law. We are ready to provide you with effective and qualified assistance in drafting a claim, as well as to ensure competent representation of your interests in the legal process.

Our goal is to provide justice and protect the rights of our clients in the best possible way.

In the world of residential legal relations, the issue of loss of the right to use residential premises can arise for various reasons, covering legal, contractual, and social aspects.

However, regardless of the reasons, it is important to have a clear understanding of the legal aspects of this process and to comply with the legal regulations.

Don’t hesitate to contact us for advice and assistance regarding the loss of the right to use residential premises. Our team of lawyers is ready to help you.

For consultation or calculation of a claim for recognition of a person as having lost the right to use residential premises – fill out the form below.