AZE.US
One of the common problems in apartment sales in Azerbaijan is the removal of people who remain officially registered at the property even though they have no real connection to it.
In recent years, there have been more cases in which people with no family ties to the owner are registered in someone else’s apartment for a payment. Such registration is usually arranged for six months or one year. But once that period ends, owners may face legal and administrative difficulties in removing those people from the address.
Lawyer Arzu Aliyeva told Pravda.az that in the past, removing such individuals from registration often created problems for property owners.
Previously, an owner had to go to court to terminate the person’s right to use the apartment, even if that person did not actually have such a right.
Aliyeva said the approach has changed following a decision by the Constitutional Court. Under the current practice, the owner does not need to immediately file a civil lawsuit against the registered person.
The first step is to apply to the passport and registration department of the district police office under the Ministry of Internal Affairs. The owner should submit the property extract and state that the apartment belongs to them, while the registered person is not a relative and has no legal basis to remain registered at the address.
According to Aliyeva, the registration authority must remove that person from the apartment registration.
If the police department refuses to do so, the owner should obtain a written refusal and then apply to court. In that case, the dispute is considered under administrative court proceedings.
The lawsuit is not filed directly against the registered person. Instead, the owner asks the court to oblige the relevant police authority to remove the individual from the place-of-residence registration.
The court may then order the registration office to remove the person from the apartment’s address.
The main change for property owners is procedural: they should first go to the police registration office, and only turn to the administrative court if they receive an official refusal.
AZE.US