Is it possible to check out of an apartment without personal presence?

Home / Housing disputes / Is it possible and how to check out without a house register?

A change of place of residence obliges citizens to deregister. Together with the extract, the person is deleted from the house or apartment register. The responsibility to make changes to the house register (DK) records rests with the owner of the house. The question arises, how to check out if the resident does not have such a book in his hands? Let's try to understand from the position of modern legislation.

Is it possible to check out without a house register?

First of all, let's turn to the law, namely Art. 7 Federal Law No. 5242-I dated June 25, 1993 – deregistration of citizens at their place of residence (stay) is possible on the basis of a written application to the department of the Main Directorate for Migration Affairs under the Ministry of Internal Affairs. In addition to the application, the person leaving must provide a passport.

They have no right to demand additional documents from you in the form of (if you are not the owner). But if the application is sent through the management company or HOA, passport officers may ask you for the house register to make changes. At the same time, they will run through the database to see if you are in debt for utilities? (see “Extract from an apartment with debts”).

What is a house book?

The House Book is a 20-page A4-sized magazine with binding. All pages have serial numbers, and the journal is filled out according to the arrival of new residents. Now house books are in an electronic database. If the need arises, they will issue an extract from the house register (valid at the time of application). The owner of the house register is the owner of the house or apartment, and if there are several owners, then each of them. The DC is also stored in the Management Company’s databases.

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

The house book displays all residents, registered and discharged persons from the date of construction of the house. The municipal housing register is maintained by the district administration, and the book itself is kept by the responsible resident. As soon as a person is deregistered from an apartment, the owner of the property records the fact of deregistration in his residential building. If this is not done, then the person will remain listed in the apartment, which means utility costs will fall on the other residents of the apartment. For example, servicing elevators or removing solid waste - where they count according to the number of residents at the address.

Where is it issued?

The buyer of an apartment or private house receives a house book from the previous owner. When purchasing housing in a new building, equity holders independently create a new book for registering residents. You can buy it in a special store, order it from the Department of the Ministry of Internal Affairs at the place of registration of housing, or contact the MFC . Filling out the DC occurs after affixing the stamps of the registering authority. Thus, only the owner of the apartment can have the accounting book.

Example: Borisova N.S.
participated in the privatization of an apartment together with her father and brother. In fact, only the father lived in the apartment. Immediately after privatization, Borisova and her brother moved to another city. After purchasing a new home, the woman decided to check out of the apartment. However, at the Department of Internal Affairs of the Ministry of Internal Affairs, she, as the owner of the property, was required to provide a house register. The accounting journal was kept by her father, with whom Borisova had not maintained contact for 10 years. My father refused all requests to send me a house register, which delayed registration. Lawyers advised Borisova to write a statement addressed to the head of the Internal Affairs Directorate of the Ministry of Internal Affairs. The woman followed the advice and filed a statement. She indicated that she is the owner of the apartment and is deregistered at her place of registration, but the house register is with her father. The head of the department reviewed the application and allowed Borisova to be deregistered without a recreation center. The discharge took place on the basis of a passport and title documents for a new apartment.

Extract from the apartment through the MFC

There are laws that make it possible to check out of an apartment without providing information about your future place of residence. This is acceptable in the following situations:

• if the funds received from the sale of real estate will be invested in housing under construction, i.e. after receiving the money, the seller invests it in completing the transaction;
• the seller moves for permanent residence abroad;
• if the one who sells the apartment is not bound by any obligations with the rest of its residents, or is the only person registered in it;
• if the real estate is condemned in favor of loans for non-payment of the mortgage, or due to other debt obligations.

Thus, it becomes obvious that there are no restrictions for deregistering a registered person, other than the desire of the resident himself to be discharged.

How to check out without a house register

Method No. 1 – Automatic discharge

Suitable if you have already found a new place of residence and want to check out of your old one without having a house register in hand. Simultaneous registration and deregistration requires filling out two applications - for registration and for deregistration. In fact, nothing is needed from the person - the inspectors themselves will take care of all the actions.

Procedure

The step-by-step instructions are as follows:

1. Contact the Department of Internal Affairs at the place of registration of your new home.
2. Write an application in Form No. 6 for deregistration at the previous address. Fill out a second application - this time for registration in a new apartment or private household.
3. Provide the documents to the inspector and receive a receipt confirming their acceptance. You will be notified when you can come back for the results.
4. Visit the UVM on the appointed day and pick up your stamped passport.

The main advantage of simultaneous registration and deregistration is automatic withdrawal from the previous account, which is quite advantageous in the absence of a house register.

Application (sample)

When checking out at the same time as registering, you need to fill out two applications. The first concerns registration in a new apartment:

• name of the migration authority;
• Full name, gender, place of birth;
• address from where you arrived;
• address of new place of residence;
• documents for the apartment (certificate required);
• the exact address of the new housing;
• data from the applicant’s passport;
• date and signature.

An application for an extract in form No. 6 is filled out with similar information, with the exception of documents for the apartment. After entering the information, the applicant submits both applications to the UVM inspector for registration.

Documentation

The simultaneous procedure of discharge and registration requires documents for the apartment. If a person moves in as an ordinary tenant, then the consent of the owner of the apartment (private house) is required. If the owner is the applicant himself, then the documents for the apartment are from him.

List of documents:

• passport;
• child’s birth certificate (children under 14 years old, older ones – passport);
• title documents for home ownership or apartment (sale and purchase agreement, deed of gift, certificate of inheritance, etc.);
• certificate of ownership or extract from the Unified State Register of Real Estate (registered or owner of the living space);
• two statements;
• completed departure form.

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

The house register from the old address is not needed - the Department of Internal Affairs can completely remove it from the registration register without it. As soon as the documents arrive at the migration department at the citizen’s old address, the owner of the apartment will make an entry in the DC about the tenant’s discharge. All you have to do is make an entry about your move into the house register of the new apartment. Or the homeowner will do it, provided that you do not own the rights to the house.

For more information about documents, see the article “What documents should I provide when checking out of an apartment?”

Method No. 2 – Regular extract

Modern migration registration is moving away from separate procedures. Automatic deregistration by registering in a new place is increasingly being used. But if you want to check out without a house register, you can do this in one procedure.

Procedure

The application takes place at the Department of Internal Affairs at the place of registration of the homeownership. In addition, you can use the help of an intermediary - the “My Documents” branches. If there are no other options, then it makes sense to act through the housing departments of the Management Company or HOA.

Keep in mind that you may be required to provide a certificate of no debt or a certificate of absence of debt. If they are absent, the extract will be refused. Or they will clarify the procedure with their superiors. In order not to wait extra time, it is much more practical to contact the UVM directly.

The algorithm of actions is as follows:

1. Contact the migration department.
2. Fill out an application for deregistration from the home (form No. 6).
3. Give the inspector a package of documents.
4. Wait until you are deregistered.
5. Take the departure sheet and stamped passport.

You can submit an application on the day of application, provided that there are no queues or interruptions in the work of the migration base. To avoid standing in line, you can apply for an extract at the “My Documents” MFC. The reception lasts 5-10 minutes at most, and the procedure is identical to the action through the UVM.

It’s even easier - don’t go anywhere at all, but submit an application through State Services. Next, you just have to come with your passport to get a departure stamp.

Statement

A corporate application form for an extract without a house register is usually issued when submitting an application at the migration department. It’s even easier to download it on our website and fill out the form according to the sample (or at least familiarize yourself with it). This way you will save time and speed up the document submission process.

Contents of the application for discharge without a house register:

• legal name of the selected UVM division;
• Full name of the person leaving the household;
• the address from where the deregistration takes place;
• new residential address;
• passport details;
• date and signature.

The application must be filled out with a blue or black ballpoint pen. Enter information only in the fields intended for completion by an individual. The remaining items will be filled out by the registrar.

Documentation

You do not need to provide any documents for the apartment. Documents for discharge are provided only by a passport and a citizen’s application . The UVM should not ask you for a house register or receipts for paying utility bills.

But if you encounter a misunderstanding, feel free to write a complaint addressed to the head of the migration authority. Violators can be threatened with an article on arbitrariness in the workplace (Article 330 of the Administrative Code). This usually helps resolve the brewing conflict.

Documents for canceling someone else's registration

Need to leave home? Documents for bringing the idea to life will change depending on the situation. The next step is to carry out the process of deregistering a stranger. That is, not the owner of the property.

For the procedure to be successful and without much hassle, citizens must prepare:

• a copy of the owner’s passport (if the owner goes with the residents to the FMS, you can take the original ID);
• documentation confirming the fact of registration in the apartment or house;
• ID card of the deregistered person;
• Applications from the owner of the apartment/house to cancel registration.

The process is carried out very quickly. After the actions have been taken, the former resident will be given a certificate of deregistration. It will be useful in the future.

Deadlines

The duration of document preparation for simultaneous registration and discharge is 3 working days (Resolution of the Government of the Russian Federation No. 713 of July 17, 1995). After the specified period has expired, you must be stamped deregistration at your old address. Registration at the new location will take at least another 11 days.

A typical discharge to the UVM takes 3-5 days. By acting through an intermediary represented by the State Budgetary Institution “My Documents”, you will increase this period to 7-8 days. Similar deadlines are set for discharge through housing departments - “passport offices” at the old address. Details in the article “How long, days are they discharged from the apartment?”

The legislative framework

In order to properly check out of an apartment in a short time, you need to comply with all the necessary legislative framework. Sometimes people even turn to lawyers to carry out such an operation, in order to receive high-quality advice from real specialists, as well as to receive a high-quality and correctly drawn up application for discharge.

But most often, of course, they turn to lawyers in the event that an extract may occur by court decision. In order to protect your rights, contacting a real specialist is the best option.

Such an extract is regulated by special laws:

1. FMS Order No. 288. Suitable for citizens who are abroad.
2. Law on the right of free movement. Allows you to check out and register at the same time.

Price

There is no need to pay for an extract without a house register. Even if you use simultaneous registration and deregistration, the public service is free . But if you resort to an extract by proxy, you will have to fork out more. We are talking about paying for notary services for certification of documents.

What you need to know - summary:

• The absence of a house register is not a reason for refusing to deregister.
• To be released from an apartment, an application and a Russian passport are sufficient.
• It is better to contact the Department of Internal Affairs or the MFC - they do not require any additional documents. If you act through a management company or a homeowners association, they can become “tied” to debts for the apartment.
• The house register is kept by the owner and in an electronic database.
• The best option is automatic check-out and registration. You can also deregister separately. The statements are slightly different, but in general the order is the same.
• The extract service is free, the period does not exceed 3 days.
• If they demand your house register, threaten with a complaint for arbitrariness, because... According to the law, you can deregister without a house register.

The absence of a house register is not an obstacle to deregistering a person.
On paper this is true, but in practice violations are possible. An untrained person is poorly familiar with the bureaucratic system. If you refuse to prescribe without a DC, conflict cannot be avoided. Not everyone knows how to act in such situations. The problem can easily be aggravated, even leading to litigation. Our portal's lawyers provide free consultations on Housing Law issues. If you are confused in the situation, you can safely contact us online. Qualified experts will give a detailed analysis of the problem and advise what to do to protect your rights. Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

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Check out from the apartment

The document is issued in the following cases:

• when putting the house into operation;
• in case of loss;
• in case of damage to a previously issued book.

Canceled or completely completed house books are not submitted to the city archives. Only the owners of residential buildings are responsible for their storage. The law does not establish a fine for the loss or damage of these documents.

How to check out of a house without an owner? The presence of the owner of a private house is not necessary if the applicant simultaneously registers in another residential area. This can be done through the MFC, and through the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation, and through the Internet portal “Public Services”.

When visiting the authorized bodies, you will need a civil passport of the Russian Federation, documents for the right to own the living space, or permission from the owner certified by a notary, or the personal presence of the owner of the living space.