In Ukraine, you can deregister a person from your flat without their consent only through the court. Recognising a person as having lost the right to use the dwelling is a court judgment. After it, you can have a person who has not lived in the flat for years deregistered from the place of residence without that person's consent. For flats received under a housing warrant (an order issued by the authorities granting the right to occupy a flat) and not privatised, the grounds are Articles 71 and 72 of the Housing Code of the Ukrainian SSR (the Housing Code). The home is kept for an absent family member of the tenant for six months, and only a court can recognise the loss of the right. In a case where I represented a tenant, the former wife of his son and his granddaughter had been registered in his flat for over ten years. They did not live there, did not pay for utilities and did not keep in touch with him. On 27.05.2025 the Industrialnyi District Court of Kharkiv recognised both as having lost the right to use the flat. Here I explain what evidence you need, who the defendant is and what to do with the judgment next.
In brief: 6 key points
- The dwelling is kept for the tenant or the tenant's family members for six months of absence (Article 71 of the Housing Code). If the absence is longer and has no valid reason, the tenant may go to court.
- Only a court can recognise a person as having lost the right to use the dwelling because of absence (Article 72 of the Housing Code). The housing maintenance office (ZhEK), the city council and the Administrative Services Centre (TsNAP) do not decide this on their own.
- The claimant must prove the absence beyond the time limit and the lack of valid reasons. The main evidence is witness testimony, documents on payment for utilities and replies from state bodies.
- Divorce from a family member of the tenant does not by itself end the right to the dwelling. The court checks whether the person really does not live in the flat, and why.
- For a privately owned flat the rules are different. A family member of the owner loses the right to use it after an absence of more than one year without valid reasons (Part 2 of Article 405 of the Civil Code of Ukraine).
- In case № 644/121/25 the court issued a default judgment: the defendants did not appear and did not file a statement of defence. The judgment entered into legal force on 27.06.2025.
When a person can be recognised as having lost the right to use the dwelling
A person who moved into a flat as a family member of the tenant gets the right to use the home on equal terms with the tenant. For that right to end, one of the grounds set by law is needed. For flats in the state and municipal housing stock, the main ground is a long absence.
Article 71 of the Housing Code of the Ukrainian SSR sets a general rule. If the tenant or a family member is absent temporarily, the dwelling is kept for them for six months. Article 72 of the Housing Code adds that recognising a person as having lost the right to use the dwelling because of absence beyond the set time limits is done through the courts.
The key word is "reasons". In our case the court said directly: whether the right to use the dwelling is kept or lost by an absent resident depends on the reasons for the absence. So the court must clarify the circumstances that explain why the person has not lived in the flat for a long time. Work, study, medical treatment, service, care for a relative, obstruction by other residents — any of these can be a valid reason, and then the right is kept.
A flat under a housing warrant or a privately owned flat: different rules
Before you prepare the claim, find out the status of the flat. The rule and the time limit depend on it.
| Question | Flat under a housing warrant (tenancy) | Privately owned flat |
|---|---|---|
| Who files the claim | the tenant or the landlord | the owner |
| Legal rule | Articles 71, 72 of the Housing Code | Part 2 of Article 405 of the Civil Code |
| Period of absence | more than six months | more than one year |
| What must be proved | absence beyond the time limit without valid reasons | absence beyond the time limit without valid reasons, unless an agreement provides otherwise |
| Who is the defendant besides the person | the owner of the housing stock — usually the city council | as a rule, only the person who lost the right |
In our case the client received the flat under a housing warrant in 2000, when the building belonged to a military department. In 2006 the building was taken into the municipal property of the city by decision of the Kharkiv City Council of 27.09.2006 № 101/06. The flat was not privatised, so Articles 71 and 72 of the Housing Code applied, and the city council became the third defendant.
The Grand Chamber of the Supreme Court, in its resolution of 13.10.2020 in case № 447/455/17, recalled that the end of family relations with the owner of a home does not by itself take away the former family member's right to use it. The dispute must be resolved with a balance of the interests of both sides. The court in our case relied on this position.
Case № 644/121/25: a former daughter-in-law and a granddaughter who have been gone for ten years
The tenant received a two-room flat of 29,4 sq m for a family of four and registered his wife, son and daughter there. In 2003 the son married, and the tenant agreed to register the son's wife in the flat, and later their daughter — his granddaughter.
In 2013 the son's marriage was dissolved. The divorce judgment set the child's place of residence with the mother. The former daughter-in-law moved out with her daughter but did not deregister. More than ten years passed. According to a 2023 certificate from the register of the territorial community, three people were still registered in the flat: the tenant himself, the former daughter-in-law and the granddaughter.
In practice, this meant the following for the tenant. He paid for the flat himself, the personal account was opened in his name, and he could not dispose of the home — privatise it or exchange it — without the consent of the registered persons. Hence the claim.
| Date | Event |
|---|---|
| 29.12.2000 | the tenant received a housing warrant for the flat for his family |
| 2003 | the son's marriage; his wife, and later their daughter, registered in the flat |
| 28.05.2013 | court judgment dissolving the marriage; the child stayed with the mother |
| 13.01.2025 | the court opened proceedings on the tenant's claim |
| 19.04.2025 | preparatory proceedings closed, the case set for trial |
| 27.05.2025 | default judgment: the claim was granted in full |
| 27.06.2025 | the judgment entered into legal force |
The claim was filed with the Ordzhonikidzevskyi District Court of Kharkiv. After the renaming, the court is called the Industrialnyi District Court of Kharkiv. The case was heard by the same court, at the location of the flat.
The judgment in case № 644/121/25 entered into legal force on 27.06.2025.
What evidence convinced the court
In such cases the burden of proof lies on the claimant. The court stressed this in its judgment: the claimant must prove that the defendant was absent beyond the set time limits without valid reasons. We covered this issue from four sides.
- Witness testimony. Two witnesses questioned at the hearing confirmed that the defendants had not lived in the flat for over ten years, did not pay for utilities and did not keep in touch with the tenant. One witness, who often visits the claimant, last saw the former daughter-in-law at the son's wedding.
- Documents on the flat and payments. The city council's reply on the status of the building and information that the personal account for utilities is opened in the tenant's name.
- A certificate from the register of the territorial community — showing who exactly is registered in the flat.
- A reply from the State Border Guard Service of Ukraine. It has no information that the defendants crossed the border since January 2014. This removed one possible explanation for the absence — leaving the country.
Separately, the court clarified the family status. The former daughter-in-law stopped being a family member of the tenant after the divorce, which the 2013 court judgment confirmed. The granddaughter lived with her mother after her parents' divorce. After she came of age, she also did not live in the disputed flat and did not keep family ties with her grandfather.
Witnesses are the weakest point of such claims. Courts accept the testimony of neighbours and of people who regularly visit the flat more readily than that of the claimant's close relatives. Prepare them in advance. A witness must speak about specific facts, not in general words such as "I haven't seen them for a long time".
Can a child be recognised as having lost the right
This is a separate and sensitive question. The place of residence of a child under fourteen is determined by the parents (Article 29 of the Civil Code of Ukraine). So a young child's absence from the flat is usually linked not to the child's own will but to the decision of the adults. Courts consider claims against children with caution.
In our case the granddaughter was already an adult when the case was heard. The court noted separately that she had not lived in the flat after coming of age either. This fact made it possible to grant the claim against her as well. If a minor child of a former family member is registered in the flat, the strategy must be built differently — in particular, based on where and with whom the child actually lives. The family aspects of such disputes are covered on the page of the family lawyer.
Who the defendant is and where to file the claim
The defendants are those whom you ask to recognise as having lost the right to use the dwelling. For a flat under a housing warrant, it is worth involving the owner of the housing stock. In our case the third defendant was the Kharkiv City Council; the building is on the balance sheet of its municipal enterprise.
The claim is filed with the local court at the location of the flat. If the defendants' place of residence is unknown, the court summons them by a notice on the official web portal of the judiciary. This is a standard procedure, and it does not prevent the court from hearing the case.
What a default judgment is and why it is risky
In our case the defendants filed no statement of defence, gave no explanations and did not appear at the hearing. The claimant and I did not object to a default procedure. So on 27.05.2025 the court heard the case under Article 280 of the Civil Procedure Code of Ukraine — on the available evidence, without the defendants.
A default judgment has one feature. The defendant may file an application with the same court to have it reviewed within thirty days of the date it was drawn up. If the judgment was not served on the defendant, the period is twenty days from the date of service. So the judgment does not enter into legal force at once, but only when these periods expire without any application. In our case this happened on 27.06.2025.
A practical tip: keep all the evidence after the judgment too. If the defendant appears and files an application for review, the case will be heard again, and you may need the witnesses a second time.
What to do after the court judgment
- Get a copy of the judgment with a note that it has entered into legal force — from the court office or through the E-Court (Electronic Court system).
- Apply to the registration body — as a rule, the TsNAP at the location of the flat — with an application to deregister the defendants from the place of residence on the basis of the court judgment. The court does not do this itself: the judgment is only the ground for deregistration.
- Get an updated certificate from the register of the territorial community on the persons registered in the flat.
- Notify the service providers if the amount of payment depends on the number of registered persons.
After this, the tenant can decide questions about the home without the consent of former family members, for example on privatisation. Questions about registration of the place of residence and about housing after the tenant's death are close to the topic of establishing the fact of living with the deceased.
Typical mistakes
- A claim without evidence of the reasons for the absence. Proving that the person is not there is half of the case. The other half is showing that there are no valid reasons for it.
- The wrong rule. For a privatised flat people cite Article 71 of the Housing Code and six months, although Article 405 of the Civil Code and one year apply — or the other way round.
- The owner of the housing stock is not involved. For a flat under a housing warrant, the city council or another owner is an important party to the case.
- Only relatives as witnesses. The court assesses their testimony critically.
- Stopping at the judgment. Without applying to the registration body, the defendants will remain registered.
Frequently asked questions
How can I deregister a person who has not lived in the flat for a long time, without that person's consent?
Through the court, and then through the registration body. First you need a court judgment recognising the person as having lost the right to use the dwelling. For a flat received under a housing warrant and not privatised, the grounds are Articles 71 and 72 of the Housing Code. The home is kept for an absent person for six months, and only a court can recognise the loss of the right. For a privately owned flat, Part 2 of Article 405 of the Civil Code of Ukraine applies, with an absence of more than one year. The claimant must prove that the person has been absent beyond the time limit and without valid reasons. In case № 644/121/25 this was confirmed by the testimony of two witnesses, information that the tenant paid for utilities, and the reply of the border service. After the judgment enters into legal force, you take it to the TsNAP or another registration body, which deregisters the person from the place of residence. The court itself does not deregister anyone — the judgment is only the ground for it.
Can I deregister a former daughter-in-law or son-in-law after a divorce?
A divorce alone is not enough. The Grand Chamber of the Supreme Court, in its resolution of 13.10.2020 in case № 447/455/17, said that the end of family relations with the owner of a home does not take away the former family member's right to use it. The dispute is resolved with a balance of the interests of the parties. So one more circumstance must be added to the divorce — a long absence without valid reasons. In our case the former daughter-in-law moved out after the marriage was dissolved in 2013. For over ten years she did not live in the flat, did not pay for utilities and did not keep in touch with the tenant. The court took into account both that she had stopped being a family member of the tenant and that there were no reasons for her absence. It recognised her as having lost the right to use the flat. If a former family member lives in the flat, the divorce alone will not be a ground for a claim.
How long must a person not live in the flat before they can be deregistered through the court?
It depends on the status of the home. For a flat in the state or municipal stock provided under a housing warrant, Article 71 of the Housing Code sets six months. During this period the home is kept for the absent family member of the tenant. For a privately owned flat, Part 2 of Article 405 of the Civil Code of Ukraine provides for an absence of more than one year without valid reasons, unless an agreement provides otherwise. But the end of the period is only the minimum condition. The court examines the reasons for the absence, and if they are valid, the right is kept even after many years. In practice, the longer and better documented the absence, the stronger the claimant's position. In case № 644/121/25 the defendants had not lived in the flat for over ten years. Witnesses and other evidence confirmed this, and the court granted the claim. The result of one case does not automatically carry over to others.
What evidence is needed for the court to recognise a person as having lost the right to use the dwelling?
You need to prove two things: the person has been absent beyond the set time limit, and there are no valid reasons for it. In case № 644/121/25 we used four kinds of evidence. The first was the testimony of two witnesses who regularly visit the flat and had not seen the defendants there for over ten years. The second was documents on the flat and payments: the city council's reply on the status of the building and information that the personal account is opened in the tenant's name. The third was a certificate from the register of the territorial community showing who is registered in the flat. The fourth was the reply of the State Border Guard Service that it has no information that the defendants crossed the border since January 2014. Other useful items may be a report of non-residence drawn up by the building manager, correspondence, and certificates from the defendant's workplace or school in another city. The more independent sources confirm the same thing, the less the court has to rely on the claimant's words.
What if it is unknown where the defendant lives?
This is a typical situation in such cases, and it does not prevent the court from hearing them. In our case the claimant did not know where the defendants actually lived. In the claim you give the last known place of residence — as a rule, the address of the disputed flat, where the defendant is still registered. If court summonses are not served, the court summons the defendant by a notice on the official web portal of the judiciary. If the defendant, after proper notice, does not appear and files no statement of defence, the court may, with the claimant's consent, issue a default judgment under Article 280 of the Civil Procedure Code of Ukraine. This is what happened in case № 644/121/25. Remember that the defendant has the right to apply for a review of the default judgment within thirty days of the date it was drawn up. If the judgment was not served on the defendant, the period is twenty days from the date of service. So the judgment enters into legal force only after these periods expire.
Can a granddaughter or another child be recognised as having lost the right to use the dwelling?
It is possible, but courts are very careful with children. The place of residence of a child under fourteen is determined by the parents (Article 29 of the Civil Code of Ukraine). So the child's absence from the flat is usually explained by the decision of the adults, not by the child's own will. In case № 644/121/25 one of the defendants was also the tenant's granddaughter. After her parents' divorce, a 2013 court judgment set her place of residence with her mother. When the case was heard, she was already an adult. The court established separately that she had not lived in the flat after coming of age either, and had not kept family ties with her grandfather. This fact gave grounds to grant the claim against her. If a minor child is registered in the flat, a claim against the child has far fewer chances, and the strategy should be built on where and with whom the child actually lives.
This material is based on the default judgment of the Industrialnyi District Court of Kharkiv of 27.05.2025 in case № 644/121/25, where I represented the claimant. The text of the judgment is available in the Unified State Register of Court Decisions. The personal data of the participants is not given. The article is for information only and is not legal advice for your situation. Check that the norms mentioned are still in force on the date you apply.
Are former family members who do not live there registered in your flat for years? Write to me — we will find out the status of the home, select evidence of the absence and prepare the claim. Consultations are held in Ukrainian or Russian; written communication in English is available.