Homeowners have gained the right to evict people without consent: who is protected from this.

After the adoption of the Cabinet of Ministers resolution No. 265, the procedure for deregistering a person from the place of residence has changed. The property owner can now initiate the removal of a person from the register even without their consent or participation. However, the law has left a number of categories of persons that cannot be evicted without appropriate conditions.

'Now the property owner can evict from the apartment or house persons who are not written in the ownership documents without their consent and a court decision,' says lawyer Tetiana Danilenko.

The law clearly defines categories of persons who cannot be evicted from the property without their consent or under a simplified procedure.

• Owners or co-owners of the property. The owner or co-owner of an apartment or house cannot be removed from registration without their consent.
• Minor children. The owner cannot evict their own children or other minors without the consent of their parents or legal representatives.

'A minor child can be evicted if the property owner submits a request for removal from the declared or registered residence of the parents or other legal representatives of the child or one of them,' emphasizes Danilenko.

Deregistration of orphans, children deprived of parental care, or persons under guardianship or custody is only possible with the consent of the guardianship authorities.

The application for the removal of such persons from the place of residence is submitted by one of the parents or legal representatives with the consent of the other.

Not all owners have the same rights regarding deregistration. Legislation establishes clear limits: only the owner who originally possessed the property can initiate the removal of persons who are not owners from the register.

If the property belongs to several co-owners, deregistration becomes even more complicated. An application for the removal of a person from the place of residence, submitted by one of the co-owners, requires the consent of all other co-owners.

The Cabinet of Ministers resolution No. 265 introduced changes to the procedure for deregistering a person from the place of residence, allowing owners to do this even without the consent of the person or a court decision. However, there are categories of persons that are subject to special protection and cannot be evicted without their consent, such as minor children, orphans, persons under guardianship, persons with limited capacity, or incapacitated persons. The new legislation also imposes restrictions for new owners in the process of deregistering persons who are not owners, as well as the need for agreement with all co-owners in the case of joint ownership.