Registration and check-out from an apartment: documents, procedure, deadlines

Required papers

The process of completing registration is carried out through the passport department located at the Housing Office or at the Migration Department. To go through it quickly, without repeated requests, you need to prepare documentation in advance. List of documents for checkout from the apartment:

• • passport of a citizen of the Russian Federation;
• • excerpt from the state register (USRN) – property certificates have been abolished since July 15, 2020, previously issued certificates remain valid, but this paper is also required for real estate transactions;
• • social rent agreement – ​​for municipal premises;
• • house register – when moving into a private house rather than an apartment building;
• • statement;
• • departure sheet (issued by employees along with other papers);
• • statistical sheet - only for certain groups of citizens, for example, those leaving abroad.

Deregistration in a municipal apartment

The type of living space in question is the property of the municipality; accordingly, all housing issues are discussed by this authority, including how to discharge a person from a municipal apartment if he does not live, and what prerequisites are needed for this.

It is difficult to discharge someone from such an apartment; there must be good reasons, which include absence from the place of registration for a long time. On this basis, deregistration is possible only through the court:

• A statement of claim is being prepared.
• It informs the court of the reasons why the tenant does not appear in the municipal apartment, the duration of his absence, whether his departure was voluntary, what nature of the departure is, temporary or permanent.
• The court will request from the plaintiff information about whether the defendant has other housing and evidence of his departure from the disputed apartment, for example, this could be testimony from neighbors, housing and communal services receipts, etc.

The court will carefully study all the information and arguments provided, and if they are truly convincing, the decision will be made in favor of the plaintiff.

Basic mechanisms of the procedure

There are several main reasons for termination of registration. One of them is the death of the registered owner. List of necessary documents for discharge from the apartment of a deceased person and further registration: death certificate;

• • applicant's passport;
• • documents establishing the degree of relationship with the former owner;
• • statement.

A death certificate can be requested from a morgue or medical facility if the owner died there. The paper must contain the following details:

• • registration number;
• • Full name and signature of the issuer;
• • date;
• • clear, not smeared stamp with the name of the institution.

Based on the certificate and passport of the deceased, the registry office issues a death certificate.

The law does not establish strict deadlines for terminating registration in connection with death, but until this procedure is completed, utility bills will continue to be charged to the deceased, and the heirs will not be able to conduct a real estate transaction or register another family member.

How to leave the military registration and enlistment office

Since changes will be made to your passport, the housing office’s passport office should be responsible for this. You go there, having first found out the reception time. You must have your passport with you. Be sure to check that the passport is valid (re-registered or with a photo inserted in a timely manner). Just in case, also stock up on copies of it. If you want to check out of an apartment in Ukraine, I advise you to first pay off your utility bills in full (and take supporting receipts with you).

Instructions for those who are not registered with the military registration and enlistment office

If the person moving is not subject to military registration, then he just needs to come to the passport department at his new residence address, adhering to generally accepted rules. Prepare:

• • identification;
• • a document confirming that you are the owner of the property at the address you have chosen or the consent of its owner to register you;
• • Form No. 6 (application), which consists of two parts: one contains the data of the previous place of residence, and the other contains the data of the future place of residence.

The official will take the papers for verification and indicate the date when they will be returned with a new stamp.

Registration procedure for those liable for military service

According to the law, registration at a new military registration and enlistment office can only be done after an official change of residence. However, a situation often occurs when employees of an institution require citizens to first attach themselves to a new military registration and enlistment office. In principle, an official who exceeds his authority can be safely sued. However, this is a long and troublesome matter, so it is usually enough to mention the prosecutor’s office.

Procedure:

• • come to the passport office with form No. 6 with a tear-off coupon;
• • give the clerk a completed application and receive a certified list of accepted documents (it is better to stock up on photocopies of them);
• • show up and receive a passport with a registration mark.

If a person liable for military service moves within his locality, then it is enough for him to notify the military registration and enlistment office of the change of address. In other cases, you will have to go through the re-registration procedure: Detach yourself from your department: submit an application, military ID, passport, registration card No. 9. Attach yourself to your new military registration and enlistment office: get a signature on registration, attaching all the documents as for detachment, and adding accompanied by property papers and a lease agreement.

Do I need to notify the military registration and enlistment office about a change of registration?

If you are going to go abroad for permanent residence, then you must de-register with the military registration and enlistment office at your previous place of residence. In addition, if you have not served in the army, in order to move to another country (sometimes in the case of a regular trip on a tourist package), you will also need a certificate stating that you are not currently subject to conscription.

This is personal experience. The last time I changed my registration, I was already out of conscription age, so they didn’t send me anywhere at all and my military registration status didn’t change.

Primary registration of the male population is assigned when its representatives reach the age of majority. The duration of the visit to the organization responsible for mobilizing the population is fixed in the agenda. Registration at the military registration and enlistment office when changing registration for citizens of military age and persons liable for military service must be carried out no later than two weeks after departure. Military registration is a system of registration of citizens liable for military service from among the mobilization reserve and resource and persons of pre-conscription and conscription age who are subject to conscription for military service in the ranks of the Armed Forces (Armed Forces).

Without registration elsewhere

Detachment “to an open field” is usually used when moving to another city. For example, this is what they do when leaving for a place of work or study and planning to rent housing, the address of which is still unknown at the time of departure.

You need to provide department employees with a standard set of documents, and in the application you must indicate a new residential address (it is better if it is real, even if you do not use it later).

At the time set by the official, you need to pick up your passport with a deregistration stamp and a departure slip (valid for a month).

How to leave the military registration and enlistment office

Having written the application, we leave our passport with the passport officer (at this stage, citizens of Ukraine may need receipts for payment of utility bills) and a few days later we pick it up with the “issued” stamp. Russian citizens also receive a departure sheet. Within ten days from the moment indicated on the sheet, they must come with it to the housing office at the place of new residence and register, otherwise they may receive a fine.

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Procedure through the public services portal

This mechanism exists in order to save citizens from going through authorities and queuing. Like many government services, the process of re-registration of place of residence can now be carried out remotely.

Procedure:

• • find the section “Passports, registrations, visas”;
• • select the type of registration;
• • click the “get service” button;
• • select the line “deregistration at the place of residence/stay”.

Then you need to fill in:

• • enter passport data: please note that almost everything will already be filled in - the system will fill them in after recognizing the registered user; check the data and fill in the missing ones;
• • indicate information about your previous housing, the reason for deregistration and the new address;
• • check the item on citizenship;
• • the “additional information” line offers many reasons for moving, from environmental to aggravated interethnic relations, but allows you to leave a box with the “not selected” option;
• • fill out the column about professional employment and other personal information.

After this, you need to select the migration service department where you will register. Simply indicate your location and the system will provide a list of suitable addresses.

Thus, you will come to the passport office for ready-made papers and will not waste time filling out samples.

Extract using a power of attorney

Citizens do not always have the opportunity to independently run through the authorities. For such cases, it is possible to transfer your right to carry out legally significant actions to a trusted person.

Registrars are reluctant to work with powers of attorney - this is a common method of real estate fraud - so it would be wise to first clarify all the nuances of paperwork:

• • you can transfer the right to an extract on your behalf to a third party if there are compelling circumstances: serious illness, being in a medical facility;
• • there is no need to issue a general power of attorney to the assistant, which gives broad powers - the clerk works with those where the powers of the authorized person are specifically indicated;
• • the document must be notarized.

Discharge of the child, is there any part of the living space?

If necessary, you will have to obtain permission from the guardianship and trusteeship authorities. Prepare the following documents:

• • personal identification papers of parents and child;
• • certificate of title to this property and technical documents for the premises;
• • certificate of family composition;
• • documents on the sale of housing.

After checking the data and determining that the interests of the minor are not violated, the guardianship authorities give permission for the procedure.

After the purchase and sale transaction, you need to contact the passport office, attaching to the application:

• • permission;
• • child's identity card;
• • certificate of ownership of new housing.

Features of leaving an apartment

The procedure for forced eviction from a municipal or privatized apartment is slightly different. In the first case, even though the property is owned by the state, serious arguments are needed to deregister it. If the house belongs to a private person, and the tenant does not want to lose his registration, the owner can write him out through the court. There are few exceptions, including the minor age of the person registered.

From the municipal

A municipal apartment is a property that is owned by local authorities. They use it for social needs. People who cannot pay rent themselves are accommodated here. The apartment is rented on the basis of a contract or order.

Residents' rights are reduced to a minimum. They cannot sell the apartment, donate it, mortgage it, inherit it, or rent it out. The tenant is not allowed to do any redevelopment, but he is obliged to carry out routine repairs. Theoretically, as soon as the material or living conditions of the tenant improve, the authorities take the apartment.

The municipality does not have the right to unilaterally terminate the lease agreement and evict the tenant without court permission. For this reason, the tenant can be sure that he will live here as long as necessary, if he does not violate the lease agreement.

It is not easy to discharge a resident from a municipal apartment without the consent of the tenant; this can be done based on the following situations:

• Large debts for utilities (the employer did not pay for more than 6 months).
• Redevelopment without permission.
• Use of housing for other purposes (for example, as a workshop).
• Violation of public order - antisocial lifestyle, loud music at night.
• Damage to the apartment.
• No one has seen the resident in the house for more than six months. He left voluntarily, not temporarily (not because of study, work, or being in prison); no one is preventing his return.

All situations must be confirmed in writing. Before you are discharged from an apartment by court, they may impose a fine and put forward requirements, the fulfillment of which will correct the problem. For example, return the property to its previous appearance, behave normally, not disturb the peace of the neighbors, pay off debts.

In most cases, a resident is discharged based on not one, but a combination of several factors. Some citizens cannot be deregistered even through the courts.

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These include:

• Orphans.
• Minors.
• Pensioners by age.
• Disabled people of groups 1 and 2 who were injured during work or received an occupational disease.
• Relatives of employees of the Ministry of Emergency Situations, Department of Internal Affairs, customs, and penitentiaries who died or went missing in the line of duty.
• Family members of the deceased tenant.

From privatized

Real estate is considered privatized when housing has been transferred from state or municipal ownership to private ownership. The owners of the apartment can be everyone who is registered there, or one person if others have renounced their share in writing. You cannot discharge a tenant if he owns at least some share of the apartment.

It is not easy to deregister a person who was registered in an apartment during privatization, but did not want to become the owner. A citizen has the right to live in it indefinitely, even if the owner has changed over time. It is better to negotiate amicably with him about discharge. If a person lives here permanently and pays utilities, it is difficult to get rid of him even through the courts.

Extracting from a privatized area does not cause problems when:

• The apartment became private property, the tenant was not registered there, and was not included in the order.
• The person registered after marriage, and the housing was already privatized at that moment. After a divorce, the ex-spouse loses his registration and right of residence.

From what was received as a gift

When a person receives an apartment as an inheritance or gift, he has the right to discharge the tenants without their consent, but by a court decision. The reason may be a long absence from the place of registration, refusal to pay one’s share of the utilities against the backdrop of an increase in the amount of rent due to the person registered in the apartment.

Even through the court it is difficult to deregister in the following situations:

• The registered person has no real estate and has nowhere to go.
• The man was registered in the house before privatization and refused to register ownership of the property.
• Minor age.
• According to the gift agreement, there is a condition under which the tenant will not be deregistered.

Discharge of a minor child

In Russia, a person under 18 years of age is considered a minor. Until this moment, he is under the protection of official guardians. The state guardianship and trusteeship authorities monitor how they perform their duties. A child can be discharged only with their written consent.

The following must be kept in mind:

• A minor must be deregistered and registered together with his parents or guardians.
• If a child owns at least a share of the apartment, in order to register him after the sale of the house, the consent of the guardianship and trusteeship authorities is required. If not, parents can go to court.
• A minor child cannot be discharged anywhere. You must provide the address of your future place of residence. The conditions there should be no worse than in the previous apartment. If previously it accounted for 20 sq. m, then in a new house this figure should be no less.
• When a mother and/or father are deprived of parental rights, they are expelled from the apartment and may even be expelled. A minor child retains his registration and has the right to continue to live at the place of registration.

If the child is the owner of the apartment, the registration and sale of housing proceeds according to the following scheme:

1. Parents contact the guardianship and trusteeship authorities to obtain consent for discharge. Submitted documents are reviewed within 2 weeks.
2. If the answer is positive, a transaction is drawn up to sell the property and purchase a new home.
3. Parents go to the passport office, where they submit an application and other documents for discharge. These are the mother’s and father’s passports, the child’s birth certificate, the consent of the guardianship authority, and a document on ownership of the apartment. If the child is over 14 years old, he writes the application himself, if not, one of the parents.
4. After deregistration, the child must be registered in another apartment. To do this, you need to submit papers to the passport office at the location of your new address.

If the child does not own the home, the consent of the guardianship authority is not required.

List of papers for the passport office:

• statement;
• parent's passport;
• child's birth certificate;
• technical passport of new housing.

A child cannot be discharged from a municipal apartment without obtaining the consent of the guardianship authorities.

To be given, two conditions must be met:

• The child will be registered in the new home with at least one parent or legal guardian.
• The living conditions there are no worse than at the previous place of residence.

Extract with simultaneous registration in another place

You cannot simply be discharged “to the street” - supervisory authorities strictly monitor the interests of minors. Therefore, you need to contact the service at your place of residence, taking the same package of documents, and register the child at a new address.

There is also no point in delaying this action because without the appropriate registration, you will not be able to assign the minor to the pediatrician’s office and send him to the nearest school, since first of all the school accepts children living nearby.