How to cancel temporary registration by a property owner early

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Published: September 26, 2017

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Temporary registration is limited to a certain period. If it ends and the person leaves, the registration ends automatically. But there are situations when it is necessary to deregister early, to leave the owner of the home with whom he was registered.

• Cases when early termination of temporary registration is required
• How to do it ahead of schedule
• Conclusion

Where to contact

The cancellation of registration ahead of schedule is carried out by authorized government agencies:

• territorial department of the Federal Migration Service at the place of residence;
• Multifunctional Center;
• management company, housing cooperative, another option for service organizations.

The processing time for applications from citizens who intend to deregister ahead of time is established by clause 21 of the Administrative Regulations and is 3 business days.

Cancellation of temporary registration can occur in person, or by remote contact - by regular mail or electronically.

It is convenient to use the services of the MFC, where the reception of requests from citizens is organized according to the “one window” principle. Starting from 2021, employees of a multifunctional center have the right to independently register deregistration by making the necessary notes in their passport (if we are talking about permanent registration). The basis for processing the application will be the papers submitted to the window along with the application. A departure slip is immediately issued.

On the government services website, you can submit an application for deregistration in advance by submitting a completed electronic form via the Internet. The option is available only to registered users.

Service organizations also provide for the possibility of accepting requests regarding the departure of citizens at their place of residence. Such organizations include housing cooperatives, management companies, housing departments, etc. A condition for deregistration is the presence of a passport office (or move-in/check-out department) in the organization.

The choice of the method of application is determined by the peculiarities of the organization of accounting in a particular locality, as well as the desire of the citizens who applied.

Grounds for eviction

In order for the owner to file an application with the court to terminate the temporary registration of a tenant, the following grounds must be present (separately or in combination):

• Expiration of the term of the agreement granting the right to use residential premises (lease agreement, gratuitous use, etc.) or its termination;
• Change of owner of the residential premises (apartment sold, donated);
• Inadequate maintenance of the home (unsanitary conditions, non-compliance with fire regulations, non-payment of utilities);
• Illegal subletting of an apartment;
• Using the apartment for purposes other than living (for example, creating a warehouse, store, etc.);
• Departure of a resident from the place of temporary registration (joining the army, being sent to prison, moving to another city).

Here are the main reasons for which a temporarily registered person can be evicted by a court decision. If the plaintiff proves that at least one of the grounds exists, then the court will definitely take his side.

The maximum period of stay without registration is 90 days. Exceeding the term entails the imposition of an administrative fine in the amount of 2 to 3 thousand rubles (Clause 1 of Article 19.15 of the Code of Administrative Offenses of the Russian Federation).

Example: The owner issued a temporary registration in an apartment for a common-law couple from Ukraine. The parties did not enter into an agreement; the registration was issued at the Department of the Internal Affairs Directorate of the Ministry of Internal Affairs at the place of registration of the property. The temporary tenants planned to find work in the Russian Federation and needed a permanent place of residence. But attempts to find work were unsuccessful, as a result of which the cohabitants began to disrupt public order. The couple drank alcohol together, and the man periodically beat the woman. The couple reacted inadequately to the comments of the apartment owner and neighbors living nearby. As a result, the owner decided to forcibly discharge the troublemakers. The statement of claim to the court was supplemented by testimony from neighbors in the stairwell, a video recording of the inappropriate behavior of a tipsy tenant, as well as information about the absence of a targeted stay in Russia. The court satisfied the apartment owner's claim to terminate the contract and issued a writ of execution for the forced eviction of the tenants. The case was transferred to the bailiffs, and soon the Ukrainian couple was discharged from the apartment at the Department of Internal Affairs of the Ministry of Internal Affairs.

Reasons for discharging a tenant early:

1. Long-term absence from the place of registration.
2. Delays in payment of utility bills.
3. Disturbing public order, drunken brawls, provoking conflicts, etc.
4. Use of the apartment for purposes other than its intended purpose.
5. Divorce of spouses.

The applicant must prove the grounds provided to the court. Lack of evidence is not a reason for forced eviction of a temporarily registered person.

1. Drawing up a statement of claim in court.
2. Preparation of evidence in favor of improper behavior of the tenant.
3. Submitting a claim and documents to the district court at the place of registration of the apartment.
4. Payment of state duty.
5. Receiving a court writ of execution (personal visit or by mail).
6. Transfer of the decision to the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation for deregistration of the person.
7. Sending a copy of the writ of execution to the bailiffs.
8. Drawing up an application to initiate enforcement proceedings.
9. Eviction of a temporarily registered person from an apartment.

The court takes into account the life circumstances of the parties. If the discharged resident does not have a place to live, the discharge period may be delayed. Difficulties also arise when deregistering minors without parents. According to the law, children have the right to permanent residence with legal representatives (Article 20 of the Civil Code of the Russian Federation).

Eviction from an apartment and removal from temporary registration rarely occurs voluntarily - people do not have housing or they are simply committing fraud.

Often, owners want to pre-register a temporary tenant without his presence. The administrative regulations of the FMS allow such a procedure to be carried out without going to court, only in case of early departure.

Attention

There are mandatory and optional temporary registration. The first must be issued after 90 days of being outside your permanent residence. Accordingly, the desired one also fits into this time.

Temporary registration, what it is, why and who needs it

Temporary registration does not affect the permanent registration that all citizens have in their passport. This type of registration is necessary for living in temporary housing. When renting an apartment, dorm or room where the person is actually located. It needs to be done by anyone who has not lived at their place of permanent registration for more than 90 calendar days. It takes 3 to 8 days to complete temporary registration. Moreover, it can be done not only in the housing stock, but also in a sanatorium, hotel, hostel or in the dormitory of an educational institution.

According to the legislation of the Russian Federation, only temporary registration provides a number of legal and social rights. For medical care, work, training in the region and accommodation in the specified housing. If there is no temporary registration, they may be denied medical services, not accept the child into school or kindergarten, be denied a loan, not hired, or evicted from the apartment. In addition, troubles can also affect the owner of the living space. If tenants without temporary registration stay in the housing for more than 3 months, the owner will be fined.

Russians can apply for temporary registration without involving the owner. All that is required from him is written consent for registration. But if the tenant is a foreigner, then the owner of the property will have to notify the territorial authority that deals with migration issues. And after this, the foreign citizen can be registered in the apartment for the duration of his stay. If you do not notify the Federal Migration Service, the owner will face a fine for an administrative offense.

Where can I deregister?

You can terminate the validity of a temporary registration document in several institutions at once:

• multifunctional center - there are quite a lot of them now, in large cities they are located in every district, and there are also such organizations in small cities or regional centers;
• The Federal Migration Service;
• If necessary, you can terminate or cancel the temporary registration document at the management company or homeowners association.

In order to withdraw a previously submitted application for temporary registration, it is necessary to collect certain documents - these include a passport and the corresponding certificate. The procedure itself will not take much time: you will only have to spend about 15 minutes at the multifunctional center.

Grounds for termination of temporary registration

As mentioned above, temporary registration can be terminated by both the citizen who has the temporary registration and the owner of the residential premises in which such registration was issued.

So, if the initiator is the citizen himself, then most often this happens due to:

• termination of studies by a student of a secondary specialized and higher educational institution , if we are talking about renting housing under a specially concluded agreement or about eviction from a hostel;
• vacation or sanatorium-resort treatment is terminated for any reason , including personal reasons;
• in the case of temporary registration on the basis of being on a business trip, the basis for termination of this type of registration may be a transfer of the place of business trip;
• lack of work at the place of temporary registration , as a result of which a person has to leave this place of residence;
• moving to another place of residence due to necessity or personal desire;
• the actual desire of a particular person to deregister from a particular place of residence.

If we are talking about the owner of the premises, then for him the list of grounds on which he can demand the deregistration of a person is seriously narrowed. In particular, such cases include:

• violation of accepted norms of law by a person who has received temporary registration in the premises, even if such a violation is not confirmed from the point of view of law enforcement officials;
• failure to comply with sanitary standards that are established for a specific type of housing by persons who have received temporary registration in the premises and are living in it;
• existence of debts for utilities , if their payment was included in the terms of the rental agreement for residential premises and the registration agreement in it (if such an agreement was drawn up separately);
• if a registered person does not appear at the place of his temporary registration for a long period and has not notified the owner of the premises about the reasons for such absence, then the owner has the right to demand that such registration be terminated early (however, from the point of view of legislation, there is no definition of what should be considered a long period of time) period of absence);
• own desires of the owner of the premises , for example, due to the need to sell housing through sale or donation.

Forced order

A refusal of temporary registration may come from the Department of Internal Affairs of the Ministry of Internal Affairs. In the same way, the owner of the property, based on the norms of the law and in the presence of appropriate circumstances, has the right to terminate the temporary registration.

An existing registration may be canceled for the reasons stated above. Let’s assume that a person, when applying for temporary registration, submitted deliberately false information. In this case, the owner of the living space has every right to write it out.

Sometimes citizens, wanting to get the coveted registration, do everything possible, while neglecting the rules of the law. If the registration is issued illegally, the owner can apply to the court with a request to forcibly evict the tenant and apply the appropriate punishment to him.

Some citizens manage to obtain registration without the knowledge of the homeowner by submitting false documents to the Department of Internal Affairs of the Ministry of Internal Affairs. That is, a person was registered in the apartment, but its owner does not even suspect it.

If during registration it is discovered that the papers are counterfeit, the person will be denied registration. Forced deregistration awaits a citizen if it turns out that the owner of the residential premises was unaware of the registration of a temporary resident on his territory.

ATTENTION! Look at the completed sample statement of claim for forced eviction of illegally residing citizens:

A registration can be declared invalid at the request of the owner who did not consent to it. To do this, you should contact the Department of Internal Affairs of the Ministry of Internal Affairs. You need to contact the same department where your registration was issued.

Watch the video. Deregistration through court:

Cancellation of temporary registration

Deletion from temporary registration at the place of stay occurs automatically upon the date specified in the papers. In addition, registration can be terminated at the initiative of the citizen who is registered in the residential premises, as well as the person who is the owner of the housing.

Grounds for termination:

• the registration period has expired;
• departure from hotels, holiday homes, etc.;
• deregistration from temporary registration before the deadline specified in the papers.

Important! If the deregistration does not occur automatically, but the person wishes to terminate his registration and is removed from the register, then the relevant authorities must be notified about this. Employees are required to know from what specific date he does not plan to live at that address. And in case of relocation to another place of residence, he is registered there.

This is very important, since temporary registration, like permanent registration, affects the population’s ability to enroll their children in a particular school, receive a pension at a specific address, etc.

A person deregistered must be discharged from the apartment in accordance with a certain legislative procedure. The owner of the apartment in which the person is registered also has the right to withdraw his written request for temporary registration at the place of residence and expel him from the apartment if there are grounds. When carrying out the procedure forcibly, they must be quite serious.

DELETE//www.youtube.com/watch?v=MojxmU4nJSU

When is early deregistration necessary?

Temporary registration may be canceled before its validity period expires due to the following circumstances:

• a student who rented an apartment during his studies leaves it early;
• a person who was on vacation is urgently recalled to work;
• no temporary work;
• the citizen wants to be discharged of his own free will;
• in connection with the move.

Remember! The decision to discharge a tenant with temporary registration can be made by the person who personally registered him in his living space.

This occurs in the following situations:

• the tenant commits unlawful acts;
• a person, having a registration, does not live at the registration address for a long time;
• violation of sanitary standards;
• does not pay com. services;
• personal desire of the home owner.

Representatives of the Ministry of Internal Affairs of the Russian Federation can deregister a citizen.

This will happen when facts of violation of the current legislation are identified and proven:

• when registering, the person submitted false information;
• the citizen violated the laws of the Russian Federation.

Due to the termination of the temporary registration, the citizen no longer has the right to reside in this living space.

Definition of concepts

A person with temporary registration has the right to be registered at a specific address for a certain period of time. Many people believe that he should live in this apartment. But the law does not stipulate the obligation of the homeowner to provide him with a roof over his head.

You can also obtain temporary registration in family-type dormitories. As a rule, state-owned plants and factories must have them. In this situation, the person will live at the place of registration.

In large cities, temporary registration can be obtained for a certain amount of money. Individuals make money from this, receiving rewards in return.

For temporary registration a number of requirements must be met:

• the owner of the property and everyone living in it must give their consent;
• if the property is in shared ownership, then all its co-owners give permission;
• permission from the cooperative will be required if the resident is not a member;
• permission of the legal entity or organization responsible for the property.

If a client lives in another locality for more than three months without registration, he will need to pay a fine of 2,000 rubles. It may not be charged only if the person is refused temporary registration in writing.

The most common reasons for a negative decision are:

• insufficient number of square meters;
• the property is not suitable for habitation;
• the passport of a Russian citizen is invalid;
• landlord's ban.

Thus, if you plan to move to another locality, you need to think in advance about where to get temporary registration. You need to be very careful, as there are many scammers who will take money for their services, but never prepare the documents.

Step-by-step instruction

When arriving in another locality, a person is required to register. The period is set by the owner of the property and the tenant by mutual agreement. But if you need to leave much earlier than your registration expires, then you should notify the state about this. That is, cancel its action.

This is necessary, first of all, for the citizens themselves, since many institutions carry out their activities according to the territorial principle.

Temporary registration of a minor child

Registration documents are submitted by parents of minors along with their documents. The procedure is free for all citizens. The list of documents for temporary registration of children is quite short:

1. An application filled out by the legal representative of the minor on the prescribed form.
2. A copy of the birth certificate with the reverse side showing the citizenship stamp. If the child permanently resides abroad, then his foreign passport is presented.
3. Children over 14 years of age submit a copy of their Russian passport.

Within 3 days, the FMS authorities check all the information provided along with the application, and after that they issue certificates of temporary registration. You can also submit documents remotely (by mail, through the government services portal), but you can obtain certificates only by visiting a FMS office.

If a minor is not yet 14 years old, he can only be registered at the place of permanent or temporary registration of his parent (legal representative). Persons over 14 years of age can register without parents. In this case, the package of documents is expanded with the written consent of the parents of the minor or his other legal representatives for temporary registration at the specified address.

How to do it ahead of schedule

If a citizen has a need to leave his place of stay ahead of time, he must inform the employees of one of the departments about this:

• MFC;
• regional division of the migration service;
• passport office at the housing office.

It is better to apply personally to the Federal Migration Service, but it is also possible through the above organizations. They will send the necessary request to the migration service. As a rule, such a procedure does not have complications and the response received will be positive.

The law does not provide for refusal of early termination of temporary registration!

Of the documents, the person being issued will need only a passport, a certificate of registration and a statement written in free form, which sets out the essence of the request.

It is better to format such a document as follows:

• in the upper right corner of the application indicate the name of the unit and its address;
• Below is the full last name, first name, and patronymic. The name of the document is written in the middle;
• the text of the application indicates the address of the temporary registration, what date it was made and for what time period. Then there is a request to cancel your registration from a certain date;
• Place a date and signature below.

If a child under 14 years of age is being discharged, the parents must additionally bring a registration and birth certificate. The application on behalf of the child is filled out by the father or mother, as his representatives.

Of course, it is advisable to warn the owner of your intention to leave the property. But if the situation is urgent and it is not possible to notify, then this will not affect the cancellation of registration in any way.

After receiving the application, the Federal Migration Service has 3 days to remove the citizen from registration.

If the person being discharged applies through the State Services portal, he will need to appear in person within 3 days after receiving the notification. Because it will be necessary to show the original passport and put a personal signature on the application. After 15 minutes, the citizen receives a departure slip.

Cancellation of temporary registration is a free procedure and there is no need to pay a state fee for it.

The owner of the property can also apply for termination of temporary registration. To do this, he needs to submit an application to one of the organizations that deals with migration registration.

Such a document indicates in any form a request to deregister a citizen temporarily residing on the territory of the owner.

In addition to your application, you must bring your passport and title to your home.

Like a temporarily registered one, the owner will also not have to pay a state fee. The paperwork process will take 3 days.

In this case, the presence of the second party during deregistration is not necessary.

During the cancellation of temporary registration, the registration service employee draws up a departure slip and puts on it the entry: “Canceled.” And in the accounting journal, opposite the name of the retiree, such an entry is also made.

Compensation upon dismissal for pensioners - what can you expect?

In 2021, there were changes in the calculation of old-age insurance pensions. You can learn more about this from our article.

For work experience of more than 35 years, a pensioner is entitled to an additional payment. You can find out how it is calculated here.

Conditions for canceling temporary registration

Before canceling temporary registration, a citizen must write an application. You also need to present a civil passport and a certificate of temporary registration. When canceling the registration of a child under 14 years of age, it is necessary, in addition to the above documents, to provide a birth certificate.

The application is drawn up in any form, but must contain the following information :

1. name of the department to which the application is addressed. It is written in the upper right corner of the document;
2. last name, first name and patronymic of the applicant, address of his temporary registration;
3. information about the exact registration period, indicating the start and end dates of registration;
4. the date from which the applicant wishes to be deregistered;
5. date of document preparation;
6. applicant's signature with transcript.

Users of state or municipal housing stock can temporarily register citizens in their residential premises for a period not exceeding the term of the social tenancy agreement. If the citizen who needs to be registered at the specified address does not occupy the living space under a sublease agreement, but is a temporary resident, registration can only be issued for a period not exceeding six months.

Important! In addition to the above, low-income families will also need to provide documents that confirm family income. Only those families whose income is less than the subsistence level established in the region can count on social benefits.

In addition to federal payments, some payments are also provided at the regional level for pregnant women or women who have already given birth. Local authorities determine the amount, as well as the procedure for processing payments, independently. Including the possibility of obtaining child benefits under temporary registration. All conditions and procedures for registration are fixed in regional regulatory documents. The size of the payment will depend primarily on what opportunities are available in the regional budget.

Deadlines

The legislation establishes deadlines during which it is possible to cancel temporary registration. This is three days from the moment the migration service receives all the necessary documents. The applicant then receives a notification and is required to provide a civil passport.

If a person carries out the procedure in person and not with the help of the MFC, then the cancellation occurs on the spot. To do this, a migration service employee fills out a departure form and makes a corresponding entry in the documents.

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How to discharge a temporarily registered person

• Log in to the site.
• In the catalog of services, select the item on deregistration of citizens at the place of residence.
• Wait for an invitation to arrive at the relevant authorities with original documents within three days.
• Fill out and submit.

Of course, you can submit an application in standard ways: in person, by contacting the territorial body of the Federal Migration Service or by sending the paper by mail to its address. Currently, housing disputes are very relevant and difficult to deal with. You need to understand that temporary registration does not give you the right to permanent residence in your home.

Legislative basis

All processes and actions related to the termination of temporary registration are regulated by current legislation:

• Law of the Russian Federation “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation”, adopted on January 25, 1993 (No. 5242-1);
• by order of the Ministry of Internal Affairs of the Russian Federation, issued on December 31, 2021 “On approval of the admin. regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of state services for registration of citizens..." (No. 984).

Thus, the process of performing this procedure, as well as its timing, are regulated by the legislative acts listed above.

Is it possible to do temporary registration without permanent registration?

Every resident of the Russian Federation must have permanent (PR) or temporary registration (VR). It is allowed to have both or just one type of registration. According to the law, after deregistration from permanent registration, you must register again within the next 7 days.

When registering a VR, you are required to provide information about the place of your last or current registration.

It is possible to issue a VR even if the citizen does not have a PR. In this case, a departure sheet is provided. This document is issued at the time of deregistration.

If, for certain reasons, there was no previous registration at all, or the person applied after the deadline established by law had passed, he has to pay a fine (Article 18.8 of the Code of Administrative Offenses of the Russian Federation).

To register a VR, you must obtain consent from:

• municipal housing - permission of the tenant and all persons registered there;
• from legal entities that are home owners;
• private housing - permission of the owner;
• If a member of the cooperative does not own an apartment, additional permission from the board of the housing cooperative itself is required.

To consent to the registration of a VR, the owner or responsible person must personally contact the relevant authorities. If it is not possible to come to the branch, you can give written permission, but it must first be certified by a notary.

Some features of VR that you need to know about before applying for it:

• A person with BP has the right to freely and at his own discretion use the living space and permanently reside in the specified place throughout the entire period for which the registration is issued.
• The owner cannot independently discharge a person with BP. This requires the consent of the tenant himself.
• Discharge without the consent of the resident is carried out only through the court. There are situations when the court takes into account the difficult circumstances in which the tenant finds himself and postpones discharge for some time.
• Discuss in advance all the conditions and probabilities of discharge with VR. Lawyers advise not to do VR for a long period, since it will not be possible to reduce it.
• Temporary registration can be extended at any time.
• When registering, the duration of registration is immediately agreed upon.
• After the expiration of the specified period, the VR is automatically canceled.
• If a person leaves the apartment ahead of schedule, he needs to inform the FMS about this in order to be deregistered.

Notification of parties - property owner or registered person

Cancellation of temporary registration can occur unilaterally. It is important for the initiator to know whether he can carry out the action alone or is obliged to notify the other party of his decision. Let's look at the situation from two sides:

1. The registered person wishes to deregister early. Notifying the homeowner is not mandatory, as it does not entail any legal consequences for him.
2. The owner of the premises independently removes the registered person from the register. Theoretically, he can notify the tenant about the decision made. This will be correct both from a moral and legal point of view. However, in practice the law does not oblige him to do this.