Claim for deregistration

Who handles the registration?

The body that keeps registration records of citizens at the place of their residence or stay is the department for migration issues of the Main Directorate of the Ministry of Internal Affairs (previously the powers were assigned to the Federal Migration Service). A citizen can contact the territorial office of the service responsible for migration registration directly or through intermediaries. The period provided by law for registering at a new address is 7 days from the date of arrival.

For those who have changed their region of residence, contacting this organization is the only option to obtain registration. The same applies to foreign citizens who want to live in the Russian Federation for one reason or another. And for those who move within one subject of the country, a passport office is available for application.

Divisions of the Main Directorate of the Ministry of Internal Affairs and the Federal Migration Service have the authority to request and receive information on the previous place of registration of the person who contacts them. For those who deregistered at their previous address, the entire process will take a week, and those who did not do so will have to wait 14 days.

How to draw up a claim correctly

The document consists of several required parts:

1. Introductory part (the so-called “header”).
2. Descriptive part.
3. Claim.
4. The final part.

First or Introductory Part

Here the plaintiff must fill in the following information:

• details of the judicial authority to which the claim is filed;
• information about the plaintiff;
• defendant's details;
• information about third parties involved in the process.

In this part, the applicant describes the essence of the problem: when, on what grounds did the defendant settle in the residential premises, for what reasons did he lose the right to live in the apartment, indicate what actions the plaintiff took to evict the unwanted tenant. In this case, it is necessary to refer to the provisions of the Housing Code and the Civil Code of the Russian Federation, on the basis of which the defendant lost the right to reside in this apartment.

• at what address the disputed residential area is located;
• name and details of title documents;
• number of people living in this apartment.

In this situation, the claim should sound as follows: “I ask that the defendant (last name, first name, patronymic) be recognized as having lost the right to reside in residential premises at the address ______.”

Final part (list of attached documents)

In this part, the applicant must list (in a numbered list) all the documents that he attaches to the claim and that can be accepted by the court as evidence:

• a copy of the eviction notice;
• residential rental agreement;
• protocols of the district police officer;
• witness's testimonies;
• audio or video materials;
• residential premises inspection report.

The list of attached documents is followed by the date of filing the claim and the signature of the plaintiff.

Functions of the passport office

The passport office is a place where you can not only obtain a passport, but also register at your place of residence. First, you need to submit an application and the necessary package of documents. After the employees accept the documents, the applicant will be given a certificate indicating the details of the citizen from whom the documents were accepted. On the appointed date, the applicant must appear at the passport office. The final step will be stamping the passport.

State duty and other expenses when filing a claim

The claim is considered in a district or city court, based on the exclusive rules of jurisdiction - at the location of the disputed residential area.

The procedure itself for removing a tenant who has lost the right to use living space from an apartment is free .

At the same time, consideration of the case on claims of a non-property nature is carried out only after the plaintiff has paid the state duty.

The required amount is paid according to the details of the court to which the application is supposed to be filed. The amount of the duty is determined by Article 333.19, paragraph 1, paragraph 3 of the Tax Code of the Russian Federation and is 300 rubles .

How to register online

There is an option for registration, in which you don’t even need to leave your home, on the State Services website. To take advantage of this opportunity, you must first complete the registration procedure. It ends with receiving a password by mail.

What happens if the redevelopment is not legalized? Watch here.

Liquidation of an HOA: in what cases it may be necessary and how to carry it out correctly. Read more.

What is the difference between an apartment exchange agreement and an exchange agreement? Read.

It must be entered in a special field, after which full access to using the site’s services will be open. Next, fill out an application for registration. You will need to enter your own passport data and, if registration is carried out in a residential premises owned by a third party, his passport data will also be required. In addition, you must have a document confirming ownership of the apartment or house.

The application usually takes three days to process. After this, you still need to visit the Federal Migration Service with your passport and other documents (originals required). The option of registering in someone else's apartment also implies the presence of its owner. Based on the results of checking the documents, the organization’s employees will put a stamp with registration in the passport.

Video: Step-by-step instructions for evicting a tenant from an apartment

The series of videos provides detailed step-by-step instructions on how to discharge a person from an apartment.

It is explained what grounds for deregistration are provided for by law, what evidence and documents to support them, how to correctly draw up a statement of claim for deregistration, and how this process will be considered in court.

leon 2 weeks ago News 4 Views

Indeed, in this case, he or the owner of the relevant residential premises must formalize deregistration at the place of residence. If a Russian citizen who is registered at his place of residence intends to leave the residential premises that is (or was previously) his place of temporary residence ahead of schedule, then he should apply in the prescribed manner for deregistration at his place of residence. When personally contacting the relevant officials, the applicant also needs to have with him a document proving his identity (usually an internal passport of a Russian citizen) and a certificate of registration at his place of residence. The passport of a citizen of the Russian Federation must be valid and suitable for further use.

How to discharge a temporarily registered person ahead of schedule?

Lost departure slip. ○ Video. ○ What does deregistration at the place of residence mean? The implementation of this procedure is regulated by the “Registration Rules...” dated July 17, 1995 N 713 (hereinafter referred to as the Rules). In accordance with Article 13 of the Rules, a citizen is deregistered if:

1. His place of residence changes.
2. He joins the army.
3. Deprived of liberty as a result of conviction by a court.
4. Missing for more than six months.
5. Dies or is declared dead by the court (in case of absence).
6. Evicted from the living space on the grounds that its use has been declared illegal.
7. In case of discrepancy between the information submitted to the registration record and reality.

In the last 4 cases, deregistration is possible only on the basis of a corresponding court decision.

How to discharge a temporarily registered person

Real estate transactionsFamily lawLabor lawCriminal lawFinancial law Select districtAdmiralteysky districtVasileostrovsky districtVyborgsky districtKalininsky districtKirovsky districtKolpinsky districtKrasnogvardeysky districtKrasnoselsky districtKronshtadsky districtKurortny districtMoskovsky districtNevsky districtPetergofsky districtPetrogradsky districtPrimorsky districtPushkinsky districtFrunzensky districtTsentralny district Latest added companies

• Caesar Consulting
• Criminal lawyer
• United Consulting Group
• Center for International Cooperation
• LLC GROUP

Latest reviews of companies

• Intersectoral Center for Expertise and Audit of Labor Safety Excellent calculation of the risks of harm to life and health. Accepted by GIT and Rospotrebnadzor
• Your right. We handled the bankruptcy well.

Deregistration at the place of stay

• Important

  Contact the migration service in your area.

• Write an application requesting that the temporarily registered person be expelled from your territory.
• Indicate the date of departure of the person and attach the departure address sheet according to Form No. 7 (if such data is known).
• Application for removal from temporary registration;
• Sample application for deregistration from temporary registration;
• Departure address sheet;
• A completed sample of the departure address sheet.

4 In the case where there is an official agreement (contract) between the owner and the temporary guest, action must only be taken through the court.

Conditions for canceling temporary registration

More details

• How to challenge the towing of a car and not pay for the impound lot - or get back the money already paid for illegal towing? Motorists who are faced with the illegal towing of a vehicle can appeal the inspector’s decision and not pay a fine, costs for storing the car in an impound lot or for a tow truck. We will determine how to properly challenge evacuation, what documents are needed for this, and how not to be late in filing an application. More details
• Termination of the CASCO agreement - how much money can be returned, and how to terminate the CASCO correctly? Car owners who want to change their insurance company and terminate the CASCO agreement can rely on the Civil Code of the Russian Federation.

  Some articles will help you understand the reasons why a contract may be terminated.

Features of the procedure for deregistration at the place of residence

The removal of a citizen from registration at the place of residence is carried out by the registration authority on the date of issuing a reasoned conclusion on the removal of the citizen from registration at the place of residence. After making a decision to remove citizens from registration at their place of residence, an employee of the registration authority, within one working day, enters information about the citizen into the automated database of the Federal Migration Service of Russia. Departure address sheets in Form No. 7 (Appendix No. 4 to the Regulations) are sent to the address and reference work department of the relevant territorial body within 3 working days.

(P.

Now they are in Transnistria (left Russia on 11/13/16). Most likely they will not return to Russia. Is it possible to deregister them now and what needs to be done to do this? There is no contact with them. The question was answered over the phone. Hello, is it necessary to leave the place of temporary registration in order to register with relatives (registration ended 7 days ago) The answer to the question was given over the phone.

How can a homeowner discharge citizens of the Russian Federation if, for some reason, they do not want to discharge themselves? Thank you. The question was answered over the phone. Xyn, 15 years old, without registration, lives separately from his parents in his wife’s apartment, has been registered with his parents for all these years, utilities are paid by his parents, the question is: is this legal? The question was answered over the phone. Good afternoon I am the owner of a privatized apartment. I registered my future daughter-in-law. I definitely recommend Nadezhda Vladimirovna!

• Laws, changes, legal acts
• Documents, forms, applications

• home
• Documents, forms, applications
• Application form for deregistration - how to write an application for deregistration for MP and MJ without errors?

MENU

• All companies
• All companies on the map
• News
• Legal assistance online
• Useful

Application form for deregistration - how to write an application for deregistration for MP and MJ without errors? Many citizens who apply to the Federal Migration Service for discharge are faced with a problem - an application written in their own hand is forced by an official to rewrite it. We will determine what the application for deregistration should be, how to write it correctly and submit it to the institution.

Application for early deregistration at the place of residence

Cancellation of temporary registration through a unit of this service through a personal visit, in accordance with clause 21 of the Administrative Regulations, takes no more than 3 days. You can send an application to the FMS by email or by post, in this case it will take more time to terminate the temporary registration;

• in the multifunctional center (MFC) for public services. This option is the most convenient, since the deregistration procedure takes place in a “one window” mode. Since 2020, MFCs have been empowered to affix the necessary stamps to passports and registration documents, so temporary registration can be canceled in real time within 15-20 minutes. An MFC employee, having received a package of documents from a citizen, about which more details can be found, sends a request to the FMS by e-mail.

The owner or tenant of the residential premises who provided it for the temporary residence of a Russian citizen who has left or wants to leave has the right to personally apply for the deregistration of a citizen of the Russian Federation at the place of residence. In this case, the applicant (who is also the owner or tenant of the residential premises), as in the first case, must present a valid document proving his identity. We also recommend having documents confirming the rights of the owner or tenant to the relevant residential premises. In both of the above cases, the application must be submitted to the unit of the Federal Migration Service of Russia, which previously issued registration to the Russian citizen at the place of residence. The form of a written application for deregistration at the place of residence is optional.

• «
  Attention

  When canceling a citizen’s registration at the place of residence, an employee of the registration authority fills out the departure address sheet for him in Form No. 7 (Appendix No. 4 to the Regulations), makes an entry in the upper right corner “Canceled” and sends it to the address and reference work department of the territorial body. In this case, in the journal in Form No. 4 (Appendix No. 10 to the Regulations), opposite the registration record, the entry “Canceled” “20” is made. The maximum time for performing an action is 10 minutes. (Art.

  125 Rules)"

This document serves as confirmation of deregistration and the basis for registration at a new place of residence. ✔ House apartment book of residential premises.

Info

A single portal to the registration authority that registered this citizen at his place of residence. 124. The owner (tenant) of residential premises, in the event of receiving a notification of registration at the place of residence of a citizen to whom he did not give consent for temporary residence, may submit an application in any written form to cancel this citizen’s registration at the place of residence to the registration authority that carried out registration at the place of residence of this citizen, in accordance with paragraph 30 of the Rules. A copy of the application and documents that served as the basis for his residence are simultaneously sent to the internal affairs body to conduct an appropriate check.

125.

Check Also

Crossing a double solid line was recorded by the camera punishment

How to avoid responsibility? In any difficult situation when you disagree with the traffic police inspector, follow...

The owner of a residential premises may put forward a demand to tenants who are annoying him or former relatives to vacate the living space provided to them. But there are certain nuances that “in the heat of the moment” are not taken into account by the owner. Sometimes it is not possible to resolve this issue peacefully. You have to go to the court with a statement of claim for eviction and deregistration, providing the grounds for eviction, characteristics of the property and those who are subject to eviction.

How to file a claim

Having received the claim, a representative of the authorized body will check the document for compliance with the established requirements. There should be no errors. If the rules are not followed, the claim will be rejected. Therefore, it is important to act wisely.

A claim can be filed by contacting a lawyer. A specialist will professionally prepare the document. However, you will have to pay to perform the actions.

An alternative is to prepare the document yourself. The method will minimize costs. However, no one guarantees that the paper will be drawn up correctly. To minimize the risk of errors, it is recommended to follow a number of rules. The document must contain the following mandatory information:

1. Name of the court to which the appeal is filed.
2. Information about all participants in the process. It is important to reflect information about the plaintiff and defendant, as well as third parties. You will need to provide your full name, residential address, and information for operational communication.
3. Document's name. Located in the center.
4. Reasons for contacting. It is recommended to describe the current situation. Information should be dry. You cannot be emotional and stoop to insults. It is necessary to provide links to the legislative framework.
5. List of put forward requirements.
6. List of documentation serving as an appendix to the application.
7. Date and signature. The document is drawn up according to the number of participants in the proceedings. It is better to use a ready-made sample.

This is important to know: What to do in case of an accident without casualties: algorithm of actions, registration procedure

Where do registrations for citizens of the Russian Federation take place?

According to current legislation, only citizens of the Russian Federation who have ownership rights or permission from the owner of the premises are permanently registered.

If this right is absent, then you will definitely not be able to register here on a permanent basis. Also, registration can only be issued at one specific address , even if a citizen of the Russian Federation is the owner of several apartments.

Registration and deregistration of citizens of the Russian Federation within a given country are carried out by the bodies of the Federal Migration Service (FMS) or the Main Directorate for Migration Issues of the Ministry of Internal Affairs of the Russian Federation (FMS).

To avoid confusion in the future, it is worth knowing that the Federal Migration Service, the Federal Migration Service and the passport office are one and the same thing , if we consider the concepts within the framework of registration registration.

If a person wishes to register with relatives, he must, in addition to the main package of documents, give written consent to everyone registered in the apartment.

The passport officer will review the documents and notify you of registration in a specific residential area within 7 days.

The registration mark is placed directly in the passport. To do this, you need to come with the document to the authorized person of the Federal Migration Service at the passport office

. The stamping process itself takes no more than 5 minutes.

The procedure for filing and considering a claim by court

To go to court, you must follow the following procedure:

1. Prepare a statement of claim and supplement it with a package of documentation.
2. Submit the papers to the authorized body. The appeal can be made in person or through an intermediary. It is acceptable to send an application by mail.
3. Wait until they are accepted for consideration or the action is refused. If the application is accepted, it is necessary to prepare evidence and take part in the proceedings.
4. The citizen will be summoned for pre-trial proceedings. The defendant will also be notified. His presence is not required. The applicant has the right to hire a lawyer.
5. The court will hear the participants in the case. Then a detailed study of the materials is carried out. A trial is underway. Based on the information present, a verdict is made to evict the tenant or retain the right to use the premises.

If the verdict is in favor of the plaintiff, the migration service will deregister the defendant within one month. In another situation, an appeal may be filed.

Court procedures may vary depending on the type of housing. If the property is municipal, the housing department and other institutions will be involved in the proceedings.

When the premises are privatized, the claim states that the person asks to terminate the right to use and deregister. If you plan to discharge minors, you will need to interact with the guardianship and trusteeship authorities. You must first obtain permission. Employees of the institution will ask you to prepare a reasoned and motivated justification for the request.

What goal should you pursue?

The owner's claim for deregistration must be drawn up in such a way that the court recognizes the citizen as a person who does not have the right to use the residential premises.

This means that you will have to look for various arguments that can be used as circumstances influencing the court’s opinion.

Moreover, these arguments must be substantiated. In other words, various claims will need to be backed up with solid evidence.

To begin the trial, you need to prepare evidence and draw up a statement of claim. The form of such an appeal to the court must be in writing.

In this case, you must follow certain rules. To avoid mistakes when writing an application, you need to contact a lawyer.

When looking for grounds for expelling a person from an apartment, it is necessary to take into account the features that will follow the status of a citizen.

Most often it is necessary to deregister the following persons::

1. Former family member - spouse.
2. A minor child.
3. Former owner of residential square meters.
4. Other relatives for various reasons.

This list is not exhaustive; once again, everything depends on the specific goals and situation.

In this case, it is necessary to prepare an application for deregistration, but the correct application will sound like this - a claim for recognition as having lost the right to use residential premises.

Expert opinion

Davydov Alexander Yurievich

Civil law consultant with 20 years of practice. Author of numerous articles on legal topics

There are often situations when it is necessary to apply to the court to deregister tenants and evict them from the apartment. How to do this correctly, how to draw up a claim and what documents to attach to it? Let's look at these questions in more detail.