Sample application for discharge

Home / Housing disputes / Registration and check-out from an apartment

The simultaneous registration and deregistration procedure is considered a convenient way to register. Having decided on a new place of residence, a person may not have to manually register. Actually, this is the main advantage of being discharged by registration. The second name of the procedure is automatic or “on request”. The question arises, where to go for simultaneous registration and deregistration?

Is it possible to check out and register at the same time?

When answering the question whether such registration is legal, you should pay attention to the status of the procedure. According to the provisions of the Administrative Regulations of the FMS, the tenant must be removed from the previous address register. But in the case of simultaneous discharge and registration, this is not necessary. Why? It's all about the nature of the procedure. Having arrived in the region of a new place of residence, the buyer (tenant) of housing has the right to submit a request for registration. The absence of an extract at the old address is not a reason for refusal of registration. Authorized inspectors of the Department of Internal Affairs of the Department of the Ministry of Internal Affairs issue registration at the new address, while simultaneously canceling the old registration.

The law allows a procedure “on request” if the latter is in the interests of the applicant and is carried out in accordance with the rules. The main difference from regular registration is simplicity. All that is required of the candidate is to contact the Department of Internal Affairs of the Ministry of Internal Affairs and fill out an application: for registration and for discharge. A less convenient option is to send a request to the district “My Documents” office (formerly MFC). But in this case, the processing time for the request will increase.

Documents for discharge if the child is not the owner of a privatized apartment

If a privatized apartment or part of it is not the property of a child, then when exchanging or selling it, as well as an act of donation for its release, permission from the guardianship and trusteeship authorities is not required. However, a child can be discharged only on the condition that in the new place he will be registered with at least one of the parents, adoptive parents or guardians, as required by Article 20 of the Civil Code of the Russian Federation.

What will be needed to discharge a child from a privatized apartment in this case?

passport of the applicant, which may be one of the parents, adoptive parents or guardians;
an application for discharge from a parent, adoptive parent or guardian, and children over 14 years of age write it independently;
technical passport of the new apartment;
passport (for children over 14 years old) or birth certificate.

Do I need to leave my old place of residence to register?

A change of permanent registration obliges a person to deregister at his old place of residence. For comparison, when applying for temporary registration, it is not necessary to register from your main address.

Example: An applicant living in Orekhovo-Zuevo entered the full-time department of MGIMO (Moscow). Having registered as a student of a higher educational institution, the young man moves closer to his place of study in the capital. The university offers free student dormitory for non-residents. Students are required to obtain temporary registration at their place of residence. In this case, the purpose of stay is considered to be studying at a university in the period from September to June (with a break for holidays and vacations between sessions). Every weekend the student traveled to Orekhovo-Zuevo, where he was registered in his parents’ apartment. According to the law, a young person may not be discharged from his old place of residence. This is explained simply: temporary registration at the place of residence is not a replacement for a permanent place of residence with another permanent address. Consequently, the student retained his residence permit in Orekhovo-Zuevo in his parents’ apartment. Upon completion of his studies, he withdrew from the temporary registration in Moscow and returned to his city.

Application for discharge from an apartment through the court

Evicting someone from an apartment through a judicial procedure means applying a coercive measure to a person. The main reason for filing such a claim is the refusal of the citizen’s voluntary removal from the apartment. Therefore, most homeowners resort to this compulsory measure.

draw up a statement of claim;
prepare an evidence base;
carry out competently the procedure for pre-trial conflict resolution. Send by registered mail with notification or personally hand over to the defendant a copy of the statement of claim with all attachments;
pay the state fee;
file a claim with the judicial authority at the place of residence of the defendant or the location of the apartment if the conflict has not been resolved in a pre-trial manner;
after filing a claim in court, you must wait for the summons to set the time for the meeting and appear at the meeting;
if the claim is satisfied, receive a decision to terminate the use of the residential premises that has entered into legal force;
contribute to the execution of the court decision.

27 Jun 2020 stopurist 780
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What needs to be done to unregister?

Generally accepted standards for deregistration from residential premises oblige citizens to contact the Internal Affairs Directorate of the Ministry of Internal Affairs of the city or district. The simplified name of the migration authority, commonly used, is the passport office.

Instructions for deregistration according to the new rules:

Pay a visit to the migration department.
Fill out an application and a departure sheet of the established form (indicate full name, address, new address, passport details).
Give the registrar the original passport and other documents (upon request).
Wait for the department to complete the accounting.
Come to the Department of Internal Affairs of the Ministry of Internal Affairs for a stamped passport and a departure sheet.

The instructions mentioned are suitable for ordinary deregistration at the place of residence. Enterprising citizens can take advantage of simultaneous registration and deregistration. We'll talk about this below.

Statement of claim for discharge from the apartment

The introductory part or “header” is the name of the court (the full name can be taken from the stand of the judicial authority).
Full name, passport details of the plaintiff - the registration address must be indicated.
Full name, passport details of the defendant – residence/stay (if currently known).
The main part is a description of the essence of the conflict, the circumstances of its occurrence, as well as the sequence of events (for example, the defendant systematically violated public order, argued with neighbors, annoyed the owner of the apartment and did not respond to the comments of the district police officer).
A list of documents is needed to create a complete picture of what happened.
The final part is the plaintiff’s demands to the court and the defendant (for example, to vacate the occupied living space and compensate for damage from damage to property in the house). It is recommended to refer to legal provisions as confirmation that the defendant has violated your rights.

Owners of residential premises can report violations (clause 2 of article 35 of the Housing Code of the Russian Federation). Going to court is a last resort. First, you need to issue a warning to the careless tenant. Ignoring fair claims is grounds for filing an application in court.

How to deregister with debts?

Lawyers are often asked how to check out of an apartment if there are debts to housing and communal services? Registration/deregistration does not depend on the citizen’s debt obligations. This can be seen from the discharge documents. The simplified procedure does not require either receipts for payment for housing and communal services, or certificates from the Management Company.

True, there is a chance to encounter “misunderstanding” when discharged through the housing department. Make it a rule to deregister only at the UVM of the Ministry of Internal Affairs, and not at other authorities. This way, you will save not only your nerves, but also your time on registration.

We file a claim for eviction from the apartment

Before filing a claim for eviction from an apartment through the court, it would be a good idea to send the tenant a notice in any form about the need to voluntarily vacate the premises and check out within the allotted time frame. Give one copy to the tenant, and on the second you will receive his signature, full name and date of receipt.

copies of the application and documents attached to it for the defendant;
title documents for housing (purchase and sale agreement, provision of ownership through privatization, certificate of inheritance, etc.);
an extract from the house register, a certificate of registered persons;
a document confirming the termination of the defendant’s right to use residential premises (divorce certificate, etc.);
notice of vacating the premises with a receipt stamp;
other documents confirming your position;
receipt for payment of state duty.

How to check out of the apartment and register

Option No. 1 Normal

Procedure

Let's start by considering extract and registration using two independent procedures. Compared to the simultaneous one, you will have to contact two departments of the Main Department of Migration Affairs of the Ministry of Internal Affairs. One - at the place of the previous address, and the second - at the new address of residence (however, they may coincide). This method is suitable for registration and registration in a large city with many addresses and migration departments.

We reviewed the extract at the old address above. After receiving your passport and departure sheet, go to the passport office of your new area of residence (location). The inspectors will give you Form No. 6 (form for permanent registration). The completed application along with the documents is submitted for registration work. You will be informed once the procedure is completed.

Documents and deadlines

What you need to check out of housing:

a personally completed application for deregistration;
ID card (original only);
title documents (if necessary);
writ of execution from the court (in case of forced discharge).

What you need to register in an apartment:

written application form No. 6 about registration;
original passport;
completed departure sheet (within the Russian Federation);
statistical sheet of departure (moving abroad);
approval from the apartment manager (in case of rental).

The standard processing time is 3 days for discharge + 3 days for registration. All actions will take approximately 6-7 business days. Much depends on the workload of territorial migration services.

Option No. 2 Simultaneous registration and discharge (the simplest)

Procedure

It is not at all necessary to be discharged from the apartment through an additional procedure. It is much more convenient to visit the Department of Internal Affairs of the Ministry of Internal Affairs at the location of the new apartment and fill out a double application: one side - to register, the other - to deregister at the old address. This is not prohibited by law, as a result of which people have the opportunity to avoid bureaucratic red tape with registration. Having submitted an application, the buyer (tenant) of housing delegates the procedure to employees of the migration authority.

Documents and deadlines

What documents are needed for a simultaneous procedure:

written statement No. 6 (first turn of the sheet);
application for deregistration at the old address (second turn of the sheet);
original passport;
confirmation of the disposal of privatized housing or a social tenancy agreement for a municipal apartment;
permission from other homeowners or tenants of a non-privatized apartment;
passports of apartment owners.

The disadvantage of the “on request” extract can be considered the processing time. The minimum period of time is 14 days, and only if the procedure covers one region. Moving to another city significantly increases the time required for registration. This usually takes at least 60 days from the date of application.

Option No. 3 By proxy (without personal participation)

Procedure

The simultaneous procedure of discharge and registration can be carried out not in person, but through a representative. The trustee is a cohabitant, close relative, lawyer and other persons. You will be required to draw up a power of attorney to delegate authority to a third party. The document must be certified by a notary (clause 1 of Article 185.1 of the Civil Code of the Russian Federation). Acting under a power of attorney, the representative will be able to transfer the application and passport to the Department of Internal Affairs of the Ministry of Internal Affairs for the principal.

Extract and registration by power of attorney are allowed if the citizen is outside the Russian Federation. You need to send a copy of your passport by certified mail. All papers, including the application, are certified by a notary. But be careful - not all passport offices accept documents by proxy. It is best to find out in advance about the nuances of the procedure by first calling the Department of Internal Affairs of the Ministry of Internal Affairs by phone.

Documents and deadlines

Simultaneous deregistration and registration through a representative require:

a statement certified by a notary (personally from the person being written);
notarized power of attorney;
a photocopy of the authorized representative's passport;
original passport of the principal;
other documents (for example, for an apartment).

The deadlines for extracting and registering by proxy coincide with the deadlines for the “on request” procedure. Registrars will check your documents and stamp your passport. As a rule, this takes from 14 to 30 days (not counting holidays and weekends).

Option No. 4 State Services Portal (online)

Procedure

There is a remote way to check out of an apartment and then register. In total, it takes up to 10 minutes of the user’s time. The online procedure takes place on the Unified Portal of State and Municipal Services (Gosuslugi). The user will be required to create a Personal Account.

Instructions for submitting a request:

Log in to your Personal Account (via phone number and SNILS).
Open the link “Registration Accounting”.
Next, “Removal of a citizen from registration at the place of residence.”
Click on the “Electronic Service” type.
Fill out the application and upload scanned copies of documents.
Wait for a response about the provision of the service.
Come to the Department of Internal Affairs of the Ministry of Internal Affairs with the original documents.

Please provide a current email or phone number. They will receive an SMS indicating that the service is ready. Direct registration occurs only with a personal visit to the unit of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs. The refusal of registrars to accept an electronic application can be appealed to higher authorities.

Documents and deadlines

Please note that the electronic method requires confirmation of a scanned document - upon discharge, this is a Russian passport. When going to the Main Department of Migration Affairs of the Ministry of Internal Affairs, take the original passport for the state stamp on the discharge. The term for providing the service is 3 working days. A similar period will be required for registration at a new address. The procedure is almost the same on the State Services portal in the registration section.

Advice from lawyers:

1. I am looking for a sample statement of claim for an extract from a private house.

1.1. The requirements for the statement of claim are established in Article 131 of the Code of Civil Procedure of the Russian Federation.

Did the answer help you?YesNo

1.2. Good afternoon. Some sample can be found on the Internet.

Did the answer help you?YesNo

Consultation on your issue

Calls from landlines and mobiles are free throughout Russia

2. How to write a statement of claim to expel a grandson from the apartment. Sample.

2.1. The requirements for the statement of claim are established by Art. 131 Code of Civil Procedure of the Russian Federation.

Did the answer help you?YesNo

2.2. Statement of claim for termination of the right to use, deregistration and eviction. The claim is drawn up according to the rules of Article 131 of the Code of Civil Procedure of the Russian Federation. Any website lawyer can file a claim when applying for the service of Article 779 of the Civil Code of the Russian Federation.

Did the answer help you?YesNo

3. I need a sample statement of claim for discharge from the apartment of my common-law husband.

3.1. Sample statement of claim for discharge - Tatyana, Mr. Hello, I need a sample statement of claim for discharge from the apartment of my common-law husband. Either find it yourself on the Internet or order it for a fee from our lawyers.

Did the answer help you?YesNo

3.2. Hello. We do not provide samples of statements, claims and complaints. This is a paid service. Try searching the Internet or contact any paid lawyer. Best wishes.

Did the answer help you?YesNo

3.3. Hello! There are no samples, since each case has different grounds for filing claims. The statement of claim must comply with the requirements of Art. 131, 132 Code of Civil Procedure of the Russian Federation.

Did the answer help you?YesNo

4. I need to get an extract from the court about the divorce. Court in quarantine where to get a sample application to the court to get an extract.

4.1. Write a statement directly on the court website or in court.

Did the answer help you?YesNo

5. How to remove a seizure from a credit card, I went to the bank, took a statement and a certificate stating that the card was a credit card. My credit card has been seized, but my salary is being debited, so I can’t close my credit card, the bank is already making concessions to me, but I need to remove the seizure from my credit card. How to write an application and in whose name, if possible, can you provide a sample application? Thank you!

5.1. Oksana, document preparation is a paid service. Contact any lawyer in private messages.

Did the answer help you?YesNo

6. How to correctly draw up a statement of claim in court. The situation is this: my mother is retiring in the spring, and when she took out an extract about her work experience, a mistake was made in her maiden name, and it turns out that her work experience was lost before marriage, how to correctly write an application to the court for identification (sample) and is it necessary? what to do in general and what to do in such a situation.

6.1. Hello. The statement of claim is drawn up as required by law.

Did the answer help you?YesNo

6.2. Alina, here it is possible as a special proceeding, or you can claim for the inclusion of periods in the length of service... Contact a lawyer, filing a claim is paid. It is possible, incl. to one of those who answered you. If the application procedure does not decide to include in the experience, the judicial process remains.

Did the answer help you?YesNo

6.3. What does lost experience mean? Was it not included in the work period when counting? Did this length of service play a role in the calculation?. These questions need to be clarified at the Pension Fund of the Russian Federation, and only then to the court.. Suddenly there is no point..

Did the answer help you?YesNo

7. Help me figure it out. Now my mother is entering into inheritance rights to a plot of land, but according to the certificate of ownership the area is 10 acres, and in the extract from the household register it is 21, and in the extract from the Unified State Register of Real Estate it is 21. In fact, there are 16 acres there. Is it necessary to do land surveying before filing an application to the court? , or is it better after? How to write an application? Where can I see a sample? It makes sense to pay tax on 21 if in fact there is less.

7.1. — Hello dear site visitor! going to court will not give you anything, if the extract shows 10 acres, then the rest were allocated for a garden, and they do not belong to you.

The court will not help you! And land surveying is done before going to court. Good luck to you and all the best, with respect, lawyer Legostaeva A.V.

Did the answer help you?YesNo

8. In December 2020, she was notified by order of the appointment of a new general. director in the LLC, in which I was previously listed as one. A year and a half later, I find out that to this day in the Unified State Register of Legal Entities I am a general. director of this LLC. The founder and accountant do not contact me. Tell me how can I resign from my position on my own? Is it possible to file a complaint with the prosecutor's office? If so, please provide a sample. There is no record of hiring or dismissal in the labor office.

8.1. You need to contact the Internal Revenue Service so that they make a note about the unreliability of this information. Provide a copy of your work record.

Did the answer help you?YesNo

9. Could you please send a sample statement of claim to the court to expel a person from a private home.

9.1. Valentina, samples are available on the Internet, and lawyers provide forms for a fee. Sincerely.

Did the answer help you?YesNo

10. After my father’s death, there are 2 credits left. I contacted the insurance company and they refused, citing an extract from the outpatient card for an illness that was not the cause of death. The bank went to court, the decision was made in favor of the bank. Death is an insured event. I want to go to court. Where to start, what documents need to be attached. And I wanted to ask for a sample statement of claim in my case. Thanks in advance.

10.1. Hello. No samples provided. We can make it up.

Did the answer help you?YesNo

11. Sample Statement of Claim for the removal of a minor child from an apartment to register him at the place of residence of the parent with whom he lives. And a list of required documents.

11.1. You can search for a sample claim on the Internet. Documents confirming the arguments that you will bring in the claim are attached to the claim. If you still need a qualified document, contact any lawyer in a personal message. This is a paid service.

Did the answer help you?YesNo

11.2. You can look at samples on the Internet.

Did the answer help you?YesNo

12. If possible, send a sample application for the discharge of a person and a private house of your own; they asked to register for a year; it has not been discharged for the third year. But I don’t want to pay utilities for a person. I have a private house, not an apartment.

12.1. Good afternoon. If a person’s absence from residential premises is not temporary, then interested parties (landlord, tenant, members of the tenant’s family) have the right to demand in court that he/she has lost the right to residential premises due to leaving for another place of residence. It is enough that a person does not live in a residential building for more than 6 months and does not pay utilities. But it is possible to write it out only in court! And, believe me, it's not that difficult. The main thing is to correctly draw up and substantiate such a statement of claim, which will be difficult for you to do on your own, without the help of a lawyer. Contact a lawyer on our website personally, he will help you draw up such a statement of claim and give all the necessary explanations.

Did the answer help you?YesNo

12.2. Liza Magometovna, you can find samples of a statement of claim for deregistration on the Internet or order from any lawyer on this site by contacting us in private messages.

Did the answer help you?YesNo

13. We were planning to discharge our daughter-in-law from an apartment, which is in social rent, on the grounds of non-residence, non-participation in maintaining the living condition and non-payment of utility bills. They found a statement of claim for the extract, but no such statement of claim was found on how to collect payments from her for 12 years. Maybe you have some sample...

13.1. Hello, site visitor, in your case you can recover within the limitation period, there are no samples, you can contact any site lawyer in private messages with documents for an individual consultation.

Did the answer help you?YesNo

13.2. If you collect payments from her, then the court may conclude that she retains the right to live in the apartment and you agree with this. So. that I don’t advise you to do this... Now you’ll do something like this, and then you’ll swear at yourself..

Did the answer help you?YesNo

Consultation on your issue

Calls from landlines and mobiles are free throughout Russia

14. Can you send me a sample statement of claim to expel my brother from my private home? The brother only promises that you are being written and not going. The house has been put up for sale. He doesn't live in this house.

14.1. Hello. Samples only help to lose the case - you can find them in Yandex if you want. High-quality documents are drawn up individually by a lawyer.

Did the answer help you?YesNo

14.2. Good afternoon. There is no sample statement of claim; it is written according to the general rules of Art. Art. 131 - 132 Code of Civil Procedure of the Russian Federation. and such a document is drawn up on a paid basis. You can contact any specialist on this site and he will draw up.

Did the answer help you?YesNo

15. Pom Good morning! There are 5 people registered in the apartment, 3 children, one minor 16 years old, and me and my ex-husband. I own the apartment in 1/2 shares, my two children have 1/4 shares, and the minor has no share. My husband doesn’t have a share either, he’s just registered. Sample application for discharge from an apartment, for this case.

15.1. You can either draw up this statement yourself, setting out your request, or order it from any lawyer on our site in personal correspondence.

Did the answer help you?YesNo

15.2. Hello! You will find a sample application for deregistration at the passport office where you will be checking out, everything is there, fill out the departure form there.

Did the answer help you?YesNo

16. I work at a school, I want to get an extract from the staff list. I won’t use it anywhere, just for myself. Please tell me, using an example, how to write an application to receive it. I just find examples of statements everywhere, but the sample statements themselves are nowhere to be found. Thank you in advance!

16.1. Good evening to you Dear Mahmud, in this case the request for an extract from the staffing table is written in free form (to whom, from whom and what exactly you want). You can order from our lawyers on a paid basis.

Did the answer help you?YesNo

16.2. Good evening, There is no separate form for obtaining an extract from the staffing table. When searching, you need to indicate: a sample application for Article 62 of the Labor Code of the Russian Federation and you will find options.

Did the answer help you?YesNo

17. How to discharge a child if my son registered him against my will? The apartment is being privatized in my name. The child did not live in this apartment for a single day. How to write an application to the court: for discharge from an apartment, deregistration, or as someone who has not acquired the right to reside. Maybe there is a sample application. Thank you.

17.1. To register a minor child with one of the parents, the consent of the apartment owner is not required. If your son registered the child without the intention for him to live in the apartment, then the easiest way for you is to contact the police with a statement of fictitious registration, but before that, warn your son about such a “prospect”, perhaps the issue will be resolved peacefully.

Did the answer help you?YesNo

18. You can send a sample application for the discharge of your daughter-in-law from the apartment through the court.

18.1. They don't provide samples here. When drawing up a statement of claim in court, follow the rules of Article 131 of the Civil Procedure Code.

Did the answer help you?YesNo

18.2. Hello! The courts don't win with samples. Claims are prepared individually and for a fee. Get used to paying, you don’t live under communism.

Did the answer help you?YesNo

18.3. There are no sample applications on this site. The statement of claim is drawn up according to the rules of Art. 131, 132 of the Code of Civil Procedure of the Russian Federation. I advise you to contact a lawyer to competently draw up a claim.

Did the answer help you?YesNo

18.4. Write an application for termination of the right to use the living space according to Art. 131 of the Code of Civil Procedure, all the requirements are indicated there; you can find a sample on the Internet.

Did the answer help you?YesNo

18.5. Good afternoon. There is no example of such a claim; it is always an individual claim. If a person does not live in an apartment and does not pay utility bills, he can actually be discharged through a court order. The main thing is to draft the claim correctly.

Did the answer help you?YesNo

19. I need to discharge a person about whom nothing is known from a private house. The police said that I need to go to the district court, but there is no document confirming that the person is missing. When applying to the court, we were told to find on the Internet and fill out a sample application for the release of a missing person, but I can’t find this sample, could you help me with this, thanks in advance.

19.1. The statement of claim must comply with the requirements established by Article 131 of the Civil Procedure Code.

Did the answer help you?YesNo

20. I am the owner of 3/4 shares of the house; my former friend has not lived in the house for 10 years. We can obtain from you a sample statement of claim to the court for its discharge without consent; unfortunately, it is impossible to establish its location.

20.1. Good afternoon, dear Daria Statements of claim are a paid service, contact any lawyer and they will help you. Or try making it yourself.

Did the answer help you?YesNo

Please how to correctly write a statement of claim to the court to expel a person from an apartment, if possible, a sample.

Please, a sample application for an extract from the household register for a land plot, supported by law, the TC administration refuses to provide extracts.

I am submitting documents to deprive my disabled child of legal capacity. The sample application in the appendix states:

I received a deed of gift for the house from my husband with whom I now live in this donated house, but his daughter, born in 1995, remains registered in it.

Please tell me what are the time limits for returning the loan insurance,

The cost of your service in providing a sample application to the court for the discharge of persons registered under a tenancy agreement but not residing at the place of registration.

I need a sample power of attorney to issue a forest to my husband's mother, because I myself cannot submit an application; in order to submit it, I need my power of attorney for my mother.

Please provide a sample statement of claim for the discharge of a person who is not a relative.

It is necessary to discharge adult children from the apartment; they have powers of attorney for the right to discharge; a sample statement of claim is needed.

Are there any samples of statements of claim on the website for deregistration of a person? square?

We need a sample statement of claim for an extract from a person’s apartment (without the right to use the living space). This person is not a relative.

Price

The municipal registration service is absolutely free. In fact, this is affixing a stamp to the Russian passport. When you are required to pay for a service, you can safely go to court. It is advisable to consult with a lawyer on our portal. Specialists will help you appeal against unlawful actions of employees of the Department of Internal Affairs of the Ministry of Internal Affairs.

A separate line of expenses includes notary services for printing on the power of attorney and application. The price is calculated taking into account the specific region. Some notaries offer assistance in completing the registration extract. There is no special advice here, the main thing is to contact licensed notary offices.

What threatens violators?

Increasing cases of violations of migration laws have forced the authorities to tighten penalties for lack of registration. Today, there are two types of liability known: administrative and criminal (according to the elements of the crime).

Administrative responsibility:

lack of temporary registration or permanent registration is punishable by a one-time fine in the amount of 2 to 3 thousand rubles (Part 1 of Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation).
For violating tenants or apartment owners, the fine will cost from 2 to 5 thousand rubles (in Moscow and St. Petersburg up to 7 thousand rubles).

Fake (fictitious) registration is punishable under criminal law (Article 322.2 of the Criminal Code of the Russian Federation):

a fine from 100 to 500 thousand rubles;
deprivation of income in the form of wages for 3 years;
three years of forced labor + ban on engaging in government activities;
prison term up to 3 years.

Let us note that criminal penalties apply not only to foreigners, but also to our compatriots. Falsification of documents is punishable by law. This is another reason to pay attention to legal ways to simultaneously register and check out of an apartment.

Sample obligation to leave the apartment sample

Please help me with advice. When applying for refinancing, the bank requires you to sign an undertaking (notarial) stating that we renounce the right to use the premises (apartment) and undertake to vacate it within 30 days. I understand that the bank is insuring itself, but by signing such a document, we may find ourselves in a rather unpleasant situation. How legal is this requirement and can it be intelligently circumvented?

Also read: What awards of the Novgorod region received in 2014 entitle a regional veteran to receive it in 2019

They can foreclose on a mortgaged apartment. The truth is not immediately and not so easily, several courts and other conditions, for example, the arrears of payment are more than 5% of the amount. And then, if you come to this court and be an exemplary law-abiding citizen, the court will refuse the bank to foreclose on the apartment and advise you to look for other ways to pay off your debts.

Legal assistance

Extracting by registering at a new address has objective difficulties. Is it getting to the point where users don’t know where to go or how to fill out an application? Sometimes registration is complicated by the registrars themselves, which causes ordinary people to suffer. The legal literacy of the population of our country leaves much to be desired. All this is a reason to seek qualified support.

Lawyers on our portal provide free consultations on issues of registration and deregistration.
During the consultation, specialists will explain the nuances of leaving the apartment and calculate the approximate time frame for the procedure. You can also use the services of our lawyers who will perform simultaneous registration and turnkey extract. 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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610

Application for opening a case in court

An application for opening a case in court related to the forced eviction of a person differs from the usual form. First of all, this is due to the fact that the plaintiff applies for the restoration of his rights and at the same time asks to terminate the property claims of a citizen who does not want to voluntarily vacate the living space that does not legally belong to him.

The form with which the requesting party can apply to the court must contain:

the name of the judicial authority and its territorial affiliation;
address and passport details of the plaintiff;
details of the defendant to whom the claims are being made;
a detailed description of the problem;
references to current articles of laws, government regulations and the Housing Code of the Russian Federation, which, in the plaintiff’s opinion, were violated by the defendant.

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At the end of a written appeal to government agencies, it is imperative to include a list of documents on the basis of which judges will be able to make a legal decision.

A sample statement of claim, where the owner of the residential premises asks to evict and deregister his ex-wife, is presented in the photo. In other situations, the petition can be written by analogy.

Due to the fact that drawing up such a document requires certain knowledge in jurisprudence, most citizens of our country entrust the resolution of issues to specialists in housing law. If a person gives the right to someone else to file a claim instead of himself, then this requires notarization.

It should be noted that in the case when a claim is filed regarding the discharge of a mother with a child, especially a minor, the court makes a decision in favor of the latter. This happens for the reason that children until they reach the age of 18 are guaranteed the right to maintain living space. A court verdict may indicate the plaintiff’s obligations to the young citizen, which most often relate to the payment of compensation for the square meters of area due to him based on shares.

It is important to remember that the procedure for filing a claim involves paying a fee.