How can you remove someone from your home and how to file a claim for eviction?

Hello friends! Recently the following situation arose in my family: my brother wanted to sell his apartment in order to buy a home in another city. But it turned out that an aunt and a minor niece were also registered in the property; They sold their house and invested in building a new one. The problem turned out to be that the aunt set conditions: for deregistration, she demanded a percentage of the sale. Of course, my brother was not happy with the option, so I had to figure out how to sign the person out of the apartment without consent and in his absence. If you find yourself in a similar situation, let's figure out the nuances together.

The owner's right to register residents

If you are the owner of real estate, then the Civil Code of the Russian Federation guarantees you the right to register any citizen. But problems arise with the discharge: if the tenant does not give consent, he will have to go to court. You will do without the goodwill of the person being written out or proceedings only in the event of the death of the resident.

In this case, it is necessary to take into account the following nuances:

1. If the property is municipally owned, the reason for deregistration may be a lack of utility payments or a lifestyle that causes discomfort to neighbors. But in such cases one cannot do without a trial.
2. If the property is privatized, it is realistic to write out a person who is not the owner . The task is easiest to cope with when it comes to a former family member.
3. Do you want to register the owner? Think about the purpose for which you are doing this. After all, deregistration does not deprive a person of ownership rights. In any case, the citizen will dispose of the share, so the extract does not make sense.

You will find assurances online that it is not difficult to deregister a tenant . But in reality, you will have to either secure consent or prepare for lengthy proceedings: the courts are overwhelmed with such claims, and the process is not easy for both parties.

How to discharge a tenant by consent

If a person agrees to be discharged, the owner of the property will submit a corresponding application to the passport office or the Ministry of Internal Affairs. The opportunity is also available at the MFC and on the State Services website: when registering via the Internet, you will need to register and confirm your account. In such cases, the presence of the owner is not required; the tenant will appear in person or issue a power of attorney to a representative of interests, who will deal with the issue.

Is it possible to discharge a person from an apartment if there is a debt on utilities? Although officials sometimes demand payment of all amounts, the actions are unlawful. The presence of debts for housing and communal services will not be a reason for refusing to deregister.

It is important that the tenant can automatically check out by registering at the new place of residence.

Reader question: how to discharge a brother without being present

Hello! A question arose regarding housing law: I was not registered, but I registered my brother. In fact, he does not live at the address and has never paid utility bills. There was a need for discharge, and the brother agreed to deregister. The problem is that he lives in another city and does not want to come to complete the documents. What should I do to remove my brother from registration through the court?

Thanks for the question! If your brother has the opportunity to register in another place, then it is enough to contact the Federal Migration Service in his city. When submitting documents, he will state that he wants to withdraw from the old registration, and the issue will be resolved. The brother will fill out a departure form, which will be sent to the Federal Migration Service of your city.

What is needed for discharge through the Ministry of Internal Affairs

To discharge a person with his consent , he must contact the territorial department of the Ministry of Internal Affairs at the place of registration. The following package of documents will be required:

• completed application (the form will be given at the department);
• passport or birth certificate if the citizen is under 14 years of age.

Extract in theory is simple: come to the branch, submit the papers and after 3 days you will receive a passport with the appropriate stamp. But in practice, the deadlines are delayed, especially if you deregister in one place and register in another. In such cases, it makes sense to ask the Ministry of Internal Affairs employees for a temporary identity card.

Reader question: who to sue?

Hello! The following problem arose: I bought an apartment, the previous owner went to the Ministry of Internal Affairs and checked out. He showed me a passport with a new stamp, so I wasn't worried. But the passport office did not receive a tear-off coupon, so the old owner was not actually removed from the register. The deal has been concluded, and the former owner is not interested in going through the authorities. No one is interested in the fact that payments for housing and communal services are received for all members of someone else’s family. The situation is crazy, but what to do? Who to sue?

To get started, contact the Main Directorate of the Ministry of Internal Affairs; if there is no result, go to court with a claim against the district registration authority. I encountered a similar situation, but the issue was resolved at the complaint stage. I waited more than a month for a response from the Main Directorate of the Ministry of Internal Affairs; when the deadlines expired, he applied again and received a decision on discharge.

How to check out through the MFC

In order for MFC employees to deregister a citizen, it is necessary to prepare the relevant documents: a passport and an application. Please note that they have no right to demand a certificate of no debt from you!

To check out from an apartment through the MFC, follow the following instructions:

1. Find out the address of the multifunctional center and make sure that the department provides the appropriate service. Often this option is not available and you will have to deregister in person through the Ministry of Internal Affairs or online.
2. If the service is provided, check the appointment schedule and select a suitable time (you can sign up during a personal visit or through the State Services website).
3. On the appointed day, come to the MFC, fill out an application and present documents. Your passport will not be returned to you until it is stamped, so take a certificate of acceptance of papers for registration.

Is it worth processing documents through the MFC? The answer depends on where you are, as some cities have incompetent employees. It is often impossible to get through and get help: according to customer reviews, they dial the number hundreds of times, but cannot wait for an answer. There are also frequent complaints about having to spend 5 hours in line; but if you are lucky, you will find yourself in an MFC with competent staff.

Reader question: how can an owner sign an absent person out of an apartment?

Hello! I need to check the tenant out of the house, he doesn’t mind, but doesn’t want to deal with the issue. Will it be possible to complete the paperwork in his absence?

Thanks for the question! To give an answer, it is necessary to take into account whether the citizen has ownership of the apartment, and also whether we are talking about permanent or temporary registration. But in general, agreement means that the issue is resolved: all that is required is a notarized power of attorney to perform a certain legal action. The problem is that employees need a passport not only of a trusted person, but also of a citizen who is leaving. If you do not provide the document, the likelihood of refusal will increase.

How to check out of an apartment through Gosuslugi

How to discharge a registered person from an apartment and not go to the authorities? If you have a verified account on State Services, you will cope with the task using the Internet. Follow the instructions:

1. Follow the link and find the item “Deregistration at the place of residence.”
2. Select the type of service received: during a personal visit to a Ministry of Internal Affairs office or remotely.
3. Fill out the application with your passport details. After checking the information, you will receive an alert: you will be notified via email or messages on the site.

At the final stage, you will appear at the Ministry of Internal Affairs, bring original documents for data verification and complete the procedure.

Registration and discharge of children from a private home

If a child is a participant in privatization, guardianship almost never gives consent to his forced discharge. This should definitely be taken into account by everyone who is asked to register at least temporarily. You may simply not know that there is a new tenant in your apartment and another contender for a share in it.

• information about the applicant (if we are talking about a child, then also about the legal representative);
• name of the registration authority;
• ID card details (when, by whom the passport was issued, series, number);
• information about the owner of the premises where it is planned to move in and on what basis he owns it (certificate of ownership);
• request to register on the basis of the Rules for Registration (Government Decree No. 713 of July 17, 1995);
• signatures of the owner and those being moved in.

Law of the Russian Federation of June 25, 1993 N 5242-1 (as amended on November 28, 2015) “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation.” Article 3. Registration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation

Often people are faced with the need to change their place of residence or register at a new place of residence or stay. In such cases, the registration or registration procedure for an apartment is mandatory. The article will tell you about the features of the procedure for temporary and permanent registration as a process of mandatory address registration of citizens, and will also introduce you to the main package of documents required for registration or registration at a new address.

If deregistration at one's own request is not particularly difficult, then cancellation of registration without approval is quite problematic, given that in this situation the issue can only be resolved in court, and even then if there are compelling reasons.

At the same time, the Constitutional Court of the Russian Federation explained that Article 27 of the Constitution of the Russian Federation gives citizens of the Russian Federation the right to free movement throughout the country and the world, therefore registration cannot be an obstacle to the exercise of the right to live where they want. That is why, if a person independently expresses a desire to leave the city, even in an unknown direction, and submits both an application and a standard package of documents, migration registration officials do not have the right to refuse him.

• termination of family relationships, which is important in case of divorce, but only if the spouse has another home, otherwise the court may decide on his right of residence for another year, especially if he has a child in his care, and the owner of the home is obliged they also have to pay alimony;
• violation of the rules of residence, that is, the same misuse of housing, violation of the rights of neighbors, neglect of the premises.

Now, to register or deregister, you don’t have to stand in a long line waiting to see a specialist from the migration service. It is enough to submit an application electronically. To do this, you need to register on a special website “State Services”. This does not mean that registration will be issued without the personal presence of the citizen.

So, in particular, the procedure for leaving a person from his previous place of residence is regulated by the norms of FMS Order No. 288, Government Decree No. 713, RF Law No. 5242-1, which detail the rules for deregistration both by the citizen’s own will and by force, not to mention other specific situations, such as death or going abroad for permanent residence.

• a statement on the basis of which, in fact, the extract is made (filled out on a regular sheet of A 4 format, but in the prescribed form);
• a civil passport, which must be fully valid (especially when it comes to timely insertion of photographs);
• house book, in which FMS employees display data on the deregistration of a person (without a house book, an extract occurs if the object of registration is an apartment);
• completed departure form in two copies.

Application with the personal signature of the citizen; passport or other document according to which it was previously registered; military registration documents; house book for private housing or registration cards forms A and B; three completed departure sheets and 1 statistical coupon for the departure sheet.

How to leave home? For this you will have to prepare. It is recommended to do this in advance.

According to current laws, registration in a private house or apartment is carried out only with the consent of the owner of the property. What can you say about canceling registration?

Firstly, registration varies. Namely – temporary and permanent. This is an extremely important point that you will have to pay attention to when deregistering.

Secondly, when carrying out an operation, as a rule, the person being discharged either contacts the relevant authorities independently or sends his representative to submit an application.

It follows that the presence of the owner of the home is not necessary. It is required only when citizens plan to renew their temporary registration.

What documents are needed to leave home? As practice shows, the package of papers will change depending on the situation.

Let's assume that a person decides to immediately change his place of residence. In such circumstances, registration and discharge will be carried out simultaneously. And therefore, for one application to the migration services, two services will be provided at once. They cannot refuse this.

Instructions for discharge with simultaneous registration in another housing have the following interpretation:

1. Prepare the documentation required by the migration authorities for registration in an apartment or new house.
2. Contact the registration authority with the appropriate package of certificates.
3. Fill out an application for registration. It is advisable to immediately inform employees that you want to check out at the same time.
4. Submit your application and wait. In some cases, the registered person is asked to write a separate request for an extract from the old home. This is a huge rarity, but it is still necessary to prepare for such requirements.
5. At the appointed time, pick up a certificate of registration at the new address from the Federal Migration Service or put a stamp in your passport. In the second case, the applicant will have 2 records printed - about deregistration in the old housing and about registration in the new one.

We found out what it takes to check out of a house or apartment in Russia. Is it possible to live in the Russian Federation without registration?

We invite you to familiarize yourself with: Landscaping the territory of a private house with your own hands

Yes, but very little. If someone comes to Russia or leaves their hometown, they may not register at their place of temporary stay for 90 days. After this, you will have to obtain temporary or permanent registration.

Secondary registration (after leaving the previous apartment or house) is carried out within 7 days. If you do not meet this time, a citizen without registration will be issued a fine.

How to expel a person from an apartment without his consent

It will be possible to carry out an extract without the consent of the tenant only through the court. But it will not be possible to meet the deadline, so it is advisable to reach a compromise. If you fail to cope with the task, hire a lawyer: he will help you understand the nuances of the case.

In what cases is it realistic to discharge a tenant from an apartment?

According to the legislation of the Russian Federation, this option is available in the following cases:

1. The owner or owner wants to sign out his ex-wife or husband? If the apartment was purchased before marriage, then essentially there will be no problems. According to Art. 31 of the Housing Code of the Russian Federation, the ex-husband or wife does not retain the right to use residential premises. After all, after a divorce, spouses are no longer considered members of the owner’s family, which simplifies the task.
2. In theory, it is possible to discharge a person from a municipal apartment . In practice, the task is practically unattainable, since the court will need compelling reasons. Your conflicts, incompatibility of characters, reluctance to live in the same territory are not among them. The chances increase if a citizen grossly violates the rights of other employers and neighbors, and also does not pay utility bills.
3. Have you received an apartment as a gift where the tenant is already registered? If the contract states that the property is provided with an encumbrance in the form of a registered person, deregistration is complicated. When the tenant is the donor himself, the court is guaranteed to make a decision in his favor. In other cases, there is a chance: focus on the fact that the citizen does not live at the registration address and does not make contributions for utility bills. An argument will also be an increase in rent due to the fact that there is an extra tenant registered on the territory.
4. When a citizen is deprived of parental rights, the court may rule on eviction. This will allow the negligent father and mother to be removed from registration without consent; the lack of other housing will not be an obstacle.

Extract is possible when a citizen is not the owner, because in other cases he will legally reside in the property. The rights of the owner are protected by the Civil Code: the provisions are contained in clause 1 of Art. 209.

Any case is considered comprehensively, because the rule of law operates in conjunction with other factors. To figure out whether it is possible to discharge a person from an apartment without him, contact a lawyer with a package of documents on the disputed property.

Can the owner deregister a registered person? Homeowner's rights

When resolving issues after a divorce, first of all, it becomes clear whether the apartment was privatized and who is the owner. If the living space is registered as shared ownership, and both spouses own shares, it is impossible to write out any of them without their consent. The owner receives the right of residence and registration, so first you will have to buy out the share, and then submit an application to the passport office.

• Use of municipal property for other purposes. If a tenant decides to convert the apartment into a store or uses it as a warehouse, neighbors can sue him and demand that he vacate the premises. Since the citizen is not the owner, but only the tenant, a decision will be made to vacate the living space.
• Public order disturbance. If the tenant drinks, is rowdy, and systematically disturbs the silence at night, then the court will decide to evict the defendant and his entire family. True, in this case there are reservations. A person should not be discharged onto the street, especially if there are minor children in the family. He should be provided with temporary housing from the reserve fund, but in most Russian cities it simply does not exist. As a result, neighbors have to tolerate the violent tenant for years, despite all police reports.
• Non-payment of utility bills. If the tenant does not pay for more than six months, the court will decide to evict. At the same time, other persons living in the same territory are not obliged to pay other people's debts.

26 Apr 2020 glavurist 548
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Case Study: Supreme Court Decision

There are often cases when parents, having quarreled with adult children, threaten to expel their son or daughter from the apartment. But how realistic is it to implement the plans?

An example is a case considered by the Supreme Court of the Russian Federation: the plaintiff asked to discharge a person without his consent . After all, we were talking about an adult son who had not lived in the property for 10 years. If you follow the instructions online, the question will seem clear: the man worked in another city, did not come, and did not pay for utilities.

But in practice, even the fact that he was the sole owner of the apartment did not help my father. The district and city courts indicated that the son’s absence was a temporary phenomenon, since he had no other property. But the Supreme Court decided that this was a question of ending a family relationship; therefore, forced deregistration is permitted.

It turns out that Russians can become “former relatives”? This actually happens in the legal field. After all, the plenum of the RF Armed Forces decided that family members are characterized by the following:

• general housekeeping;
• joint budget;
• mutual assistance, caring for each other;
• availability of common household items.

At the same time, the absence of other housing for a person who has left does not indicate that he plans to return. Other evidence will be more significant: whether the citizen took out his things, whether he started a family in the new city. It is also important whether payments for utilities were made and whether obstacles were created for free living in the disputed apartment.

How to discharge a registered person from a private house if I am the owner

The situation changes when it comes to privatized housing. The owners in this case are all family members who lived with the buyer of “square meters” at the time of privatization. This means that the person they are trying to deregister may well sell, exchange or donate his part of the housing. He does not need the consent of the other people living there for this. Desire is enough. According to the law, even if one of those who participated (actively or passively - it does not matter) in privatization does not live with the others, his right to housing does not go away. He remains the full owner of his share. So, to write someone out without consent is a rather long and complicated procedure, but it is absolutely realistic and, with a strong desire, quite feasible.

Interesting: Do I need to pay a state fee when changing the director?

It often happens that problems arise between people, even close relatives living in the same private house, resulting in someone having to be evicted. In the simplest case, the parties negotiate peacefully among themselves, determining who will leave the territory and what he will receive for it. In a bad situation, everything has to be resolved with the involvement of the court, since in no other way can a person be discharged without his consent.

When discharge is not possible

A person cannot be discharged in the following cases :

1. Persons who refused the privatization of municipal housing, but agreed to its implementation in favor of other citizens, receive an indefinite right to use the facility.
2. Minors cannot be deregistered if they are temporarily under guardianship or in an orphanage.
3. It will not be possible to carry out the procedure when it comes to members of the LIC who have paid at least part of the share.
4. It is almost impossible to discharge a minor if the procedure is not related to relocation. It does not matter whether we are talking about privatized or municipal housing. Eviction of children is permitted if they have turned 18 or the parents have been able to prove that the living conditions of the minors are improving. The exception is cases where children were fictitiously registered in the apartment, but it will not be possible to achieve the goal without lengthy legal proceedings.
5. It will not be possible to evict your ex-spouse if the right to live in the apartment is secured by a marriage contract. But those who did not sign this document should not rush. If your ex-husband or wife does not have their own home, then you will remove them from registration through the court, but it will take into account the income level of your ex-spouse. Does your financial situation prevent you from moving out? A former family member may retain the right to live in your apartment for up to 1 year.
6. Problems also arise when a person who was mistakenly considered missing is declared deregistered. In such cases, the citizen’s rights will be restored, even if the apartment has already been sold.
7. You cannot deregister annuity recipients under a lifelong maintenance agreement.

Take these subtleties into account, because sometimes you have to sign out strangers after you have purchased the property. You risk finding out that it is impossible to get rid of the tenant: you will have to negotiate on his terms.

Reader question: I bought an apartment with a registered prisoner

Hello! Trouble happened: I managed to purchase real estate where a “caretaker” was registered. While he is in prison, there is time to resolve the issue. I think that if you can’t get the prisoner out of the apartment , you’ll have to look for a naive buyer and sell the controversial property. Is it possible to do without such a step?

Thanks for the question! To avoid controversial situations, take the archived extract on time. But when the mistake has already been made, it remains to challenge the deal.

Your task at this stage is to achieve termination of the purchase and sale agreement. The reason may be the fact that the text did not indicate a complete list of owners; option will bring results if the document did not contain information about the prisoner. But usually an extract from the house register with full information is also included in the transaction, which reduces your chances of winning the case. Contact a lawyer who will review the documents for the apartment and make a conclusion.

If you fail to challenge the contract, you will have to negotiate with the released prisoner: after serving his sentence, he will be automatically registered in the property. It is possible to discharge a prisoner after release, but if there are grounds. The most likely solution is to pay off a person with a criminal past, for example, to buy a room.

One-way process

Another significant amendment to the migration legislation is the addition of the possibility of being discharged to nowhere, that is, when a discharge occurs, but the citizen is not registered in a new apartment. The question often arises whether I can check out of my apartment if I am in another region of the country, without subsequent registration, and whether I can do this through government services. Yes, this opportunity is available, but only in person.

An alternative option is to involve a legal representative in the procedure. The passport office is not required to be guided by a power of attorney, so first the citizen needs to clarify whether it is possible to check out of an apartment while in another city on the basis of a power of attorney located in a specific FMS office. If yes, then you can safely go to a notary and prepare an administrative document.

For such circumstances, the notary office provides a separate form of document, which delegates to the representative a range of only those responsibilities that are associated with deregistration of apartments. Considering that the time frame for completing the procedure is extensive. It is better to indicate that the document expires upon completion of the deregistration procedure.

In addition to the power of attorney, the applicant must fill out a personal application for an extract from the notary. In addition to notarial papers, the principal will need the applicant's civil passport. The entire package of documents is sent to the citizen in whose name the delegation of powers has been drawn up. Sending occurs by postal service by any of the deliverers, but only as valuable cargo.

Having received the valuable cargo, the authorized person gives all the papers to the passport office, whose employees begin to deregister. Passport officers make notes about deregistration in the civil passport, as well as in the state register. The authorized person is notified of the readiness of the papers, after which the authorized person arrives to collect the person signing out’s personal passport, as well as a deregistration coupon, which are forwarded to the principal.

The specified coupon will be required to register in another place. As for displaying information in documents for a house, the homeowner himself is interested in providing the house register to passport officers, who will put the required stamp. And, since the financial costs associated with maintaining the property depend on the number and age of people registered in the house, the owner of the house, as a rule, having received a message from the person being discharged about the completion of the procedure, independently arrives at the FMS. Otherwise, an official notification about the citizen’s deregistration is sent to his address. To confirm the fact of proper notification.

This method of signing out remotely differs in the length of time, which is due to the exchange of documents by mail. And, unfortunately, for this period of time it will not be possible to issue a temporary certificate confirming the person’s identity. And another minor drawback is the financial costs that the interested party will have to face.

It will be necessary to pay for postal services, as well as notary services. Depending on the region, the price for issuing a power of attorney can vary from 1,000 to 3,000 rubles. And notarized approval of an application for an extract costs on average 300-1000 rubles.

How to expel a person from an apartment through the court: how and where to file a claim

Failed to find a common language? To expel a person from an apartment without his consent, especially “to nowhere ,” file a claim with the district or city court at the location of the property. The name of the document depends on the circumstances:

1. When the person being discharged does not live in the disputed area, submit a paper recognizing the defendant as not having acquired the right to use the premises.
2. Has the citizen whom you want to forcibly deregister settled in the apartment for a long time? File a claim for recognition of the termination of the right to use the premises and eviction. When he lived on the territory in the past, but moved and does not want to be deregistered, the question of eviction does not arise.

You can download a sample statement of claim from the link, but it is advisable to contact a lawyer to draw up the document. Each case is individual, and only a professional knows all the nuances. For example, the text does not indicate a request to deregister a person: the procedure takes place administratively if the plaintiff’s demands are satisfied.

The statement of claim is drawn up on behalf of the owner of the apartment; The state fee for going to court is 300 rubles. If you wish, you can submit your application online, but you will need confirmed registration on the State Services portal.

List of documents for the court: what to attach to the claim

In addition to the claim to expel a person from the apartment , the following documents will be required:

• a copy of the eviction notice with a receipt stamp (if it was sent);
• papers confirming ownership;
• extract from the house register;
• plaintiff's passport;
• receipt of payment of state duty;
• documents confirming the plaintiff’s position (divorce certificate, receipts for housing and communal services, copies of police reports);
• power of attorney to represent interests (if necessary).

The final list of documents on the basis of which a person will be discharged from an apartment or private house depends on the circumstances of the case.

How does a preliminary hearing work?

The submitted application is studied and within 5 days it is determined whether to accept the paper for consideration. If there are grounds for proceedings, then within 30 days after filing the claim, the court determines when the preliminary hearing will take place. You will learn about the date and time from the summons, which will be handed to you upon signature.

At the preliminary hearing, the judge considers the parties' arguments, checks documents, and, if necessary, indicates what other documents to provide. At this stage, the plaintiff requests an extract from the Unified State Register of Real Estate as to whether the defendant owns other real estate. A petition is also submitted to invite witnesses and the need for the participation of a prosecutor is determined: he is appointed when the evicted person lives in the disputed property. Finally, a court date is selected.

How does the court hearing work?

The plaintiff’s task is to appear at the hearing and during the proceedings declare that his rights of use have been violated by the defendant. But unfounded statements are not enough:

1. Does the person being discharged live elsewhere? This must be proven through testimony.
2. When the defendant lives in the disputed real estate, present an extract from the Unified State Register. If a citizen owns another apartment, this will work to your advantage.

The grounds on which you discharge a person from their home depend on the individual case. If we are talking about a former family member, prove that the relationship between you has ended. This option is also available in the case of a grown child: if your son or daughter does not live with you, does not run a common household and does not provide assistance, this will be an additional argument in your favor.

Reader question: The defendant does not accept the subpoena

Hello! The defendant does not sign out voluntarily, does not come to court and does not accept a summons. What to do in such a case?

Thanks for the question! Usually for the court of first instance it is enough that the summons is delivered to the registration address. If the defendant does not receive it, this will serve as evidence that the citizen does not live in the disputed property. But in the future, the result of the absentee decision is often canceled, so take the notice to the evicted tenant at work and hand it over to the secretary against signature for subsequent transmission.

Making a court decision: what next?

Did the court rule in your favor? If the defendant does not challenge it, then in a month the document will come into force. Take the application for the issuance of a writ of execution to the court and later hand over the received paper to the bailiffs. Also provide the document to the department of the Ministry of Internal Affairs: in such cases, you can discharge the person from the apartment without it. Deregistration occurs after 3 business days.

Where and how can you check out of an apartment or private house?

Is it possible to leave a private home? Yes, it's not that difficult. Even a poorly versed person is able to cope with the task.

In general, there are the following methods for deregistration with migration services:

• through the court;
• upon expiration of the registration period;
• through re-registration;
• through a personal visit to the registration authorities;
• by contacting the migration services through a representative.

How exactly to proceed? It all depends on the specific situation. Let's take a quick look at deregistration through the court. This process is very troublesome and rarely applies to private houses.

• Again go to the passport office and submit: Russian Federation passport; military ID or capital letter with new registration stamps; application from the passport office in form No. 6; citizen registration card according to form No. 9; a document confirming the ownership of the housing in which you want to register; foundation agreement; house register if you are registering in a private house;
• After checking the submitted documents, the passport office employee will take the application, citizen registration card, passport and set a day for its receipt. Typically, registration takes 14 days and a maximum of 30 days. If you are registering in a private house, then the corresponding entry will be made in the house register and a stamp will be placed.
• On the appointed day, come to the passport office to pick up a passport with stamps confirming your discharge from your previous place of residence and registration at your new one. You are discharged and registered.

If you have any questions, you can consult a lawyer for free. Ask your question in the online consultant window at the bottom right of the screen or in the comments. You can also call the numbers (24 hours a day, seven days a week): 8 (499) 938-45-06 - Moscow and region; St. Petersburg and region; all regions of the Russian Federation.

You must write a statement about your desire to deregister and obtain a new registration, provide documents for housing - a certificate of registration of rights, an application from the owner of the new home, if you are registering on someone else's property, your passport and house register.

• The Migration Service takes away the owner's passport while the documents are being processed, the housing purchase agreement and the certificate of right to housing.
• If a person registers in someone else’s apartment, the personal presence of the homeowners with passports is required. They must formalize their consent to register another person in writing.
• If a person registers in municipal housing, the mandatory consent of all persons specified in the rental agreement.
• Form No. 6 is filled out, in which two applications are made for obtaining registration in a new location and at the same time for canceling registration in the old location.
• Instead of leaving a passport for registration, the citizen is issued an identification certificate valid for one month. The owner does not go through the authorities and calmly waits for the registration to be received.

The law states that submission of documents for registration actions is carried out by citizens in person. Information about the possibility of deregistration and registration by proxy “Rules for registration and deregistration of citizens of the Russian Federation...” does not indicate. However, there is no direct ban on this form of registration.

If a new apartment has already been purchased or you want to move to a different address, you can immediately submit an application for registration to the authorities at the place of your new registration. In this case, an application Form -6 is filled out with a request for registration at a new address and automatic deregistration from the old apartment.

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Modern Russian legislation has undergone many changes. At the moment, there is no clear definition of such a concept as a “house book”. Although, mention of this term can be found in many acts regulating the legal aspects of civil relations and other areas.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, just call, it’s fast and free!

We present to you 4 ways to check out from an apartment - by registering at a new place of residence, checking out “to nowhere”, by proxy and through the State Services portal. We advise you to read all the options and choose the most suitable one (some points in the instructions are repeated).

• Russian passport;
• a document confirming the ownership of the housing in which you want to register. Since 2020, the document that confirms the ownership of any real estate is an Extract from the Unified State Register of Real Estate about the property (in our case, an apartment). Title registration certificates have now been canceled and will not be issued as of July 2020. Here is a link to instructions for obtaining this extract;
• house book if you are registering in a private house.

The most convenient deregistration procedure is automatic. A citizen who owns a new home just needs to come to the FMS office. Papers are filled out on a special form indicating the wish to register in a new place and to leave the previous place of residence.

Sometimes citizens have a situation where they cannot independently deal with registration and registration at a new place of residence. Most often, passport office employees do not want to deal with such matters, because such situations raise fears and suspicions of fraud.

• Appear at the passport office and fill out the paper according to Form No. 6, which has a tear-off part. At the top, fill in the information about your new home; you can enter any address, even if you do not intend to live there.
• Then, along with the application and passport, give it to an authorized employee of the organization.
• On the agreed day, come back to this organization and receive a passport with the necessary marks and the so-called departure slip; you cannot lose it, since you will need it to register at your new place of residence. The period during which the paper is valid is 30 days.

1. It was established that the defendant resides or is registered in this residential area illegally.
2. It has been established that the defendant has not lived at his place of registration for a long time (usually at least six months) - he has gone missing and actually lives at a different address.
3. For all types of alienation of housing, including purchase and sale transactions.
4. One of the residents has been persistently and persistently refusing privatization, thereby limiting the rights of other potential owners.
5. De-registering one of the residents makes it possible to reduce utility costs. In this case, the discharge is made for a period determined by the court.
6. If it is established that the new owner of the property is a bona fide purchaser, and the presence of other citizens registered in this residential area infringes on his rights.

Some passport offices at the new place of residence do not want to sign citizens out from their previous place of registration and will send you to start checking out, but in this case their actions are unlawful and you can sue. And if you don’t want to “bother” with this situation, you can check out first - instructions below.

How easy is it to deregister a citizen through the court?

Practice shows: even in cases that seem clear-cut, the law enforcer, the court, stands between the law and the implementation of the law. By filing a claim, you risk experiencing all the different interpretations of the law. For example, a Moscow law firm conducted similar cases involving 3 real estate properties owned by the same owner.

The cases turned out to be exactly the same: only the geographical location changed, and therefore the judges considering the issue. In the case of the 1st object, a representative of the defendant appeared at the meeting and asked to dismiss the claim. the request not to expel the person from the house by the fact that the citizen does not live in the disputed property. The original approach bore fruit: the court found the defendant to have lost the right to use. True, he did not deregister, since the decision made served as sufficient grounds for the Ministry of Internal Affairs.

In the case of the 2nd object, things were different, since the defendant did not appear for consideration. The court did not want to discharge the person in absentia, so it postponed the deadline. Only after the 3rd failure to appear did he satisfy the demands in full.

The situation with the 3rd object was considered in a Moscow court, which meticulously approached the process. He involved a prosecutor and expanded the burden of proof for the plaintiff: he demanded confirmation of the absence of family ties and that the defendant lives in another place. True, it is unrealistic to prove that a person is not a relative: the Code of Justinian established that it is not possible to confirm a negative fact. It is not known how long the case would have lasted if the defendant had not left the occupied housing - after the request for eviction was removed from the lawsuit, the judge granted the demands.

Conclusion? It is unlikely that it will be possible to determine in advance how the process will proceed. Even in a case that seems obvious, difficulties can arise, so seek help from a lawyer or lawyer.

Features of discharge in various cases: what should be taken into account

When preparing for discharge, take into account the subtleties that determine the course of the procedure. Consider common options to avoid unpleasant surprises later.

How to discharge a child: step-by-step instructions

How to discharge a child from home? If he is not the owner, but simply lives with one of the parents, guardianship consent is not required. It is only necessary to provide the address of the new registration, since children are not discharged “to anywhere”. But when the withdrawal is due to the fact that the property is being sold, and there is a minor among the owners, evidence will be required that his rights are not infringed. In such cases, the guardianship takes over and must issue consent.

To receive it, provide the following documents:

• an application on behalf of the child’s representative, if he is under 14 years of age, or from the minor himself, with consent attached on behalf of the representative;
• applicant's passport;
• birth certificate if the child is under 14 years of age;
• consent to the transaction from the remaining owners;
• papers confirming the rights to the object being sold;
• certificate of registered persons (in the real estate being sold and at the new registration address);
• registration certificate for old and new housing;
• certificate of real estate value;
• copies of personal accounts.

The list may expand: if a new home is purchased on credit, you will need a mortgage agreement. When the amount for the sale of real estate is credited to the child’s account, attach a savings book.

After 15 working days, the guardianship will check the papers and issue permission; As a result, you will complete the transaction and after it is completed, you will discharge the child . It is not difficult to register him at his new place of residence: you will need an application, your passport and the minor’s birth certificate.

If the child is not the owner, then the procedure is carried out without the intervention of the guardianship authorities.

Discharge of a minor from public housing

Are you checking your child out of a municipal apartment? He will have to prove that the new place provides him with no worse conditions. If it accounted for 20 sq. m. in an apartment, and you write out a minor for 10 sq. m. m. to the hostel, then registration will still be restored to the old address.

Are the conditions not worse or are they improving? Register your child at the new place of residence, following the instructions:

1. Contact the passport office and take an extract from your personal account, as well as a document stating that your son or daughter lives with his parents.
2. Go to the guardianship and trusteeship authorities to obtain permission. You will write an application and attach a social tenancy agreement, father and mother’s passports, and birth certificate. A certificate about the number of registered citizens is also required, as well as a registration certificate (papers are provided from the old and new place of residence).
3. After checking the documents, you will receive permission and deregister your child.

All that remains is to register it in a new location, and the problem will be solved.

When you want to deregister a child, you need to ensure that the living conditions in the new place do not worsen.

How to discharge a person if his whereabouts are unknown

Do you intend to remove a person from your home, but his whereabouts are unknown? The following options are possible:

1. When it comes to an individual who is supposedly missing, first go to court - it will recognize the citizen as missing. Also file a search report with the police. But the procedure will be lengthy, since it takes several months to be declared missing.
2. The person is likely to be in good health, but you do not know the address? File a claim for deregistration at the location of the property. You can also petition the court to obtain information about the tenant; The Ministry of Internal Affairs will deal with the issue.

Decisions made without the participation of the defendant are considered legal; the difference is that the document will come into force after 45 days. The delay is due to the fact that a person is deregistered “in absentia”, which is why they are given more time to challenge.

Method number 1. Discharge by registration to a new place of residence or stay

Important! If you want to check out and register in one city, then it is not necessary to check out in advance. You can simply register at your new place of residence and they will discharge you from your previous apartment.

But the process of discharge and registration itself usually takes 14 days and a maximum of 30 days, and if you want to register in another city, it can take 2-3 months.

A small digression: if you need free legal advice, you can write online to a lawyer at the bottom right at any time, you can order a call at the bottom left, or call yourself: 8 (499) 938-45-06 (Moscow and region); (St. Petersburg and region .); (all regions of the Russian Federation).

To register from your previous place of residence, you can register for a new one without leaving the city, for this you need:

1. The first step is to go to the passport office, presenting your passport and documents for the apartment where you want to register. The basis for confirming ownership at the moment is an extract from the unified register of rights.

2. Next, you need to fill out an application for registration at your place of residence.

The application indicates the address of the new registration where you want to register; if the housing does not belong to you, the application is also written by the owners, to whom they give consent.

3. The application contains a tear-off slip, which must also be filled out with registration at the old place.

4. An employee of the passport office takes the passport for stamping and inscriptions and issues a temporary certificate.

5. The passport office itself sends a notification to your city that you have been discharged; this usually takes about two months, depending on the distance.

6.When all registration and deregistration procedures have been completed, you will receive a notification by mail, after which you can receive a passport.

If the passport office employees insist that you must first check out from your old place and then register, this is illegal.

How to discharge a deceased person from an apartment

to discharge a citizen from an apartment without his presence and trial in the event of death. Follow the procedure:

1. At the hospital where the deceased was treated, obtain a death certificate. The document is also issued by ambulance doctors if they have recorded a death, or by morgue staff.
2. Go to the registry office, taking a death certificate and 2 passports: yours and the deceased’s. You will also need a document confirming your relationship with the deceased.
3. Based on the listed papers, you will receive a death certificate. Take it to the territorial department of the Ministry of Internal Affairs at the place of registration of the deceased. On the spot, you will draw up an application for the removal of the deceased citizen from the apartment.

Further actions depend on whether the deceased was a responsible tenant. If you need to re-register a personal account, please contact the management company with your passport and death certificate. But keep in mind that you will not have to count on receiving benefits provided to the deceased.

If you still have questions about how to remove a person from your apartment , watch the video:

How to check out

According to the Registration Rules, deregistration occurs at the place of registration. That is, you need to come to the department of the Federal Migration Service where the old apartment is located. In theory, you can check out of an apartment in another city by returning to your old place of residence. However, you can do without traveling, which will save a lot of money.

There are three ways to extract in absentia:

• registration in a new place;
• extract by power of attorney;
• through the State Services portal.

Registration without extract

Subparagraph “a” of paragraph 31 of the Rules for registration and deregistration (No. 713 of July 17, 1995) says that if a person registers in his new apartment, it is not necessary to register from the old one. In this case, the statement will look like this:

• at your new place of residence you need to submit an application for registration (to the passport officer of the housing cooperative, management company, to the MFC (multifunctional center) or directly to the Federal Migration Service);
• The FMS registrar will send a notification to your old place of residence within three days so that you can be discharged there;
• You will receive your passport with a mark of registration in the new apartment.

Important: the passport officer does not have the right to refuse your registration, requiring you to first check out of your old home! If such a condition is stated, demand a written reason for the refusal to register, on the basis of which you can go to court.

Extract by power of attorney

A person can carry out all legal actions through a trusted person.
Within the meaning of Article 185.1 of the Civil Code, a power of attorney must be notarized if it is given for a state registration transaction. Registration is a state registration, therefore, you are obliged to issue a notarized power of attorney to the attorney. The power of attorney must clearly state that it is issued only to sign you out of your old apartment. The next step will be to submit an application for discharge. At any branch of the Federal Migration Service you can get an application form for an extract. It must be filled out in your own hand, and the signature must be certified by a notary. The actions of a notary are not free, both for the power of attorney and for certifying the signature you will need to pay about 2 thousand rubles!

Next, according to the inventory, you hand over your passport and application to your authorized representative. A trusted person goes to your old place of registration and signs you out.

There is often information on the Internet that an absentee discharge can last more than two months, but this is not at all true! The FMS registrar is obliged to put a note about the extract in the passport 3 days from the date of acceptance of the application. The rest of the time is spent on sending documents.

To ensure that the deregistration does not take too long, you can draw up a surety agreement with your trustee, according to which he will be obliged to submit documents for deregistration within a specific period and bring back the completed ones.

Keep in mind that it is your right to act through an attorney, but it does not oblige registrars to appoint people under a power of attorney.

Not all, but some branches of the Federal Migration Service accept such powers of attorney. Therefore, before you start processing, call the relevant department of the Federal Migration Service and clarify the information!

Online statement

Information on how to check out of an apartment while in another city through government services can be found on the State Services portal itself. And it says that without your personal presence you will not be able to check out “to anywhere.”

Submitting an application through the portal is a kind of preliminary registration. That is, you send documents electronically in advance, and after a maximum of 3 days you are informed where and what time you should come with the original documents.

It's another matter if you are registering in a new apartment. In this case (if you are, of course, registered on the portal), here are the instructions:

• go to the tabs: “Catalog – “registration of a citizen at the place of residence”;
• Click on the blue “Get service” button on the right;
• fill out an intuitive form;
• At the end of the form, click “submit an application.”

Within three days, you will be invited with documents to the Federal Migration Service office at your new place of residence - they will register you, put marks in your passport, and send a notice of discharge to your old address.

In fact, the question of how to check out of an apartment while in another city has been considered quite comprehensively by law. Although personal presence at discharge is now required - yours or a representative's, due to the modernization of public services, absentee registration will soon be available at any MFC.

Do you need a lawyer or lawyer to forcefully deregister a person?

When a tenant refuses to voluntarily check out, prepare for lengthy litigation. You will need the help of a legal specialist: if you try to figure it out from scratch, the result will be unpredictable. After all, even in similar cases, different decisions are made depending on which judge is considering them! In addition, cases may only appear similar to a layman's eye; During the meeting, a combination of various factors will influence the decision.

It is worth contacting a lawyer or lawyer specializing in housing law for the following reasons:

1. He knows the rules of constantly changing legislation.
2. The lawyer has experience in pre-trial practice. Since the outcome of the proceedings is difficult to predict even when the law is on your side, it is advisable to reach an agreement with the tenant without disputes in the meeting room. Thanks to knowledge, a lawyer or lawyer will help you find a common language.
3. Drafting claims using templates from the Internet will not allow you to reflect the nuances of the case. The judge may not accept the documents due to formatting errors, or may not satisfy the requirements due to the fact that you formulated them incorrectly.
4. Citizens, due to ignorance and inability to behave in the courtroom, allow controversial situations to arise. If the matter comes to trial, then the relationship between you and the person being evicted has worsened. Often citizens in such situations succumb to emotions and receive fines for contempt of court. A competent lawyer will represent your interests and tell you how to behave.

Although the services of an attorney or lawyer are not cheap, seek advice and draft a claim. After all, the effort and time that you spend on studying the legislation are also expensive.