Can the owner deregister a temporarily registered person?

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.

Documentation

Along with the application, the plaintiff submits the following documents:

• copy of passport;
• title documents for the apartment (sale and purchase agreement, inheritance, gift);
• receipts for utility bills;
• an extract from the house register;
• certificate of divorce (if spouses divorce);
• confirmation of violations on the part of the tenant - testimony of neighbors, expert opinions on the amount of losses due to damage to property, etc.
• receipt for payment of state duty;
• a copy of the defendant's notice of transfer of the case to court.

Evidence must complement the overall picture of what happened. The court will take the plaintiff’s side if the arguments confirm the fact of violations on the part of the temporarily registered person.

How to cancel temporary registration before the deadline?

It’s another matter if you need to leave your place of stay earlier, in this case the FMS authorities must be notified that such and such a citizen, registered at a certain address, is no longer here from such and such a date, but is sent to another point, where he is constantly not lives.

The requirement to deregister is quite understandable and reasonable, since almost all bodies, including social security with benefits, pensions, benefits, as well as kindergartens and schools, are subject to the territorial principle of assigning people living in the area to these institutions.

Where to contact?

• regional division of the Federal Migration Service;
• MFC;
• Housing cooperative, housing department, management company, etc.

Each of the housing institutions and organizations has a special department, previously called the passport department, and now the move-in and registration department. MFCs are specially created for maximum convenience of the population and to facilitate all accounting procedures, as well as obtain various certificates.

In order to get rid of queues, MFC employees are prescribed Admin. The regulation is to keep a visitor at an appointment for no longer than 15 minutes, so such centers are gaining increasing popularity among people who need accounting services, including termination of temporary registration.

Citizens often receive their dismissal from their place of stay immediately, within 10-15 minutes, without leaving the window. This time is needed for the FMS service employee, having received an application from the MFC by email, to fill out the departure address sheet and make changes to the registration papers, putting a mark on cancellation.

In 2021, comprehensive service centers are empowered to stamp passports and seal registration documents, making these procedures even less time-consuming. If a guest of this region was in a hotel, hotel, hospital, etc., then he will be deregistered on the day of departure.

You need to write an application, but its form is free. At the top right you should indicate the name of the department where the paper is addressed, and below the full name of the applicant. Next, after the name of this paper (Application), you need to indicate at what address the temporary registration was made, as well as the beginning and end of its term.

Documentation

Among the documents, a citizen who is deregistered early must have only a passport and a statement in a free summary of the essence.

No other documents are required to be provided. If you need to cancel the temporary registration of a minor under the age of 14, you must present a certificate of temporary registration and a document confirming his birth (certificate), plus the parent’s passport.

You can apply for cancellation of registration at your place of residence by attaching an application to an email address or by regular mail to the exact place where the temporary registration was made.

If a citizen’s hasty departure from his place of stay did not allow him to notify the owner of his departure, then in his utility bills a month later the owner will see that his guest is no longer listed at this address.

This service is provided completely free of charge.

The fastest way to do this is through MFCs, which have the ability to send the applicant’s papers electronically to the FMS authorities, and after reconciliation, announce their verdict. Usually, early cancellation of registration ends successfully and does not require any special effort.

How to temporarily leave an apartment due to conscription into the army Temporary deregistration of a person convicted by a court verdict

Place of residence is an apartment, room, house where a citizen is registered and lives permanently, as the owner, or under a rental agreement (municipal housing).

Registration at the place of residence is carried out without removing the citizen from registration at the place of residence.

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.

Rubric “Question/Answer”

I bought an apartment, and as it turned out, an Armenian citizen was temporarily registered there. The former owner cannot contact him. I need to sell my apartment now. Please tell me how to discharge this citizen?

Expert opinion

Semyon Frolov

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

Firstly, such points are discussed BEFORE signing the apartment purchase and sale agreement. The duty of the former owner is to deregister persons previously registered in the apartment. The question arises, were you aware of this encumbrance? If not, you have the right to challenge the policy in court. If you knew, then you made a deal with the seller. Then the issue of deregistering a temporarily registered citizen of Armenia falls on your shoulders.

To solve the problem, it is not necessary to look for the departed tenant. It is enough to contact the MFC or the Department of Internal Affairs of the Ministry of Internal Affairs with an application to deregister unauthorized persons ahead of schedule (due to departure). True, they may refuse such an action. Then you go to court with a claim for forced deregistration. The basis will be the transfer of ownership of the apartment - clause 2 of Art. 292 of the Civil Code of the Russian Federation. The courts make positive decisions in such cases. Then you take the court’s writ of execution and go to the MFC, the Department of Internal Affairs of the Ministry of Internal Affairs or the “passport office”, where the resident’s temporary registration is canceled.

We rented the apartment to a family from Uzbekistan. They are asking for temporary registration. They have children. Is it true that temporary registration for children can be extended without the consent of me, the owner of the apartment?

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

Yes, but we are not talking about an extension. If you issue a temporary registration for a mother and father, and they have children, the parents will be able to temporarily register their children in a residential building without the consent of the owner . According to the law, children must live with their parents - by virtue of Art. 20 Civil Code of the Russian Federation. At the same time, housing and utility costs will automatically increase. If you register (even temporarily) the whole family, get ready for increased costs for electricity, water, gas supply and other lines in receipts. If you are going to provide them with temporary registration, enter into a rental agreement for residential premises. There you can specify the amount and procedure for payment of utility bills by residents (up to 100%).

Is it possible to register a temporarily registered person before inheriting an apartment?

Expert opinion

Semyon Frolov

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

No. Until the heir registers ownership in Rosreestr, he will not be able to dispose of the property. The owner is still listed as deceased. The heir needs to obtain a certificate of inheritance. On this basis, he registers ownership of the apartment or share in the apartment. Then you can dispose of it at your discretion, including selling it. Of course, this also includes the cancellation of a person’s temporary registration. Moreover, if such a tenant wants, he can terminate his temporary registration early - to do this, he needs to visit the OVM or MFC and write a corresponding application.

Procedure and procedure for discharge of a temporarily registered person

Temporary registration at the place of residence does not require deregistration of a citizen after the expiration of its validity period. So, for example, if a citizen has secured the consent of the owner for 4 years of temporary residence in his apartment and recorded this with a corresponding application submitted to the FMS, after this period the temporary registration is canceled automatically.

Early deregistration is possible in the following cases:

• A temporarily registered citizen no longer lives in this housing, moved to a new apartment, moved to another city, etc.;
• A temporarily registered citizen disrespects his place of residence, spoils it, causes rows;

The fact of disrespect must be confirmed by the testimony of neighbors.

Premature check-out is organized by the property owner. If there are several owners, documents for extract must be submitted on behalf of all owners.

In order to remove your temporary registration ahead of schedule, you must provide the following list of documents to the Federal Migration Service:

Application for deregistration ahead of schedule;

The application submitted by the owner of the property is sufficient grounds for deregistration of a temporarily registered citizen. The temporarily registered citizen himself should not be present at this moment.

• A document confirming the ownership of housing and the right to deregister persons temporarily registered in it;
• Identification document of the owner (passport);

The presence of a temporary registration does not give the registered person any rights to the housing in which he lives. Temporary registration cannot become permanent and if the owner has not issued a premature deregistration, it will end automatically after five years.

Experience as a lawyer - since 2005. Graduated from the Moscow State Open University with honors. Private practice, specialization - migration and civil law.

The state constantly keeps records of the places of residence of citizens. Although the strict institution of propiska has been replaced by registration, people are still required to notify authorities about where they live permanently or temporarily. This is required for planning the development of human settlements and for exercising certain rights of citizens, for example, for organizing elections to government bodies.

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In order to register a temporarily registered person in an apartment, it is necessary to follow a certain sequence of actions, which may vary depending on the circumstances. Let's take a closer look at them.

So, first of all, draw up a request for deregistration and send it to the residents. This can be done in several ways:

• in person or through a representative, but be sure to require the tenants to sign and date your copy of the request;
• by registered mail with simple notification;
• courier delivery service.

If the tenants have not checked out within the time period specified in the request, then it is worth going to court.

You can read more about how to correctly write a requirement in this article.

Another fairly simple way is to wait until the end of the agreement on granting the right to use the apartment or the temporary registration period. After this, the owner does not unilaterally renew the contract and, regardless of the tenant’s wishes, contacts the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation (formerly the Federal Migration Service of Russia), draws up an application for eviction and provides documents confirming the expiration of the contract and confirming the right of ownership of the housing. At this point, the procedure for deregistering a temporarily registered person can be considered completed.

https://www.youtube.com/watch{q}v=Dbj70ZKkvxM

Of course, this option is only suitable if there is little time left before the registration deadline or you simply do not want to go to court.

To do this, you need to draw up a statement of claim, collect the necessary documents and send it all to the district court of general jurisdiction. Next, the judge considers the application and decides whether to accept the claim or leave it without consideration.

When you have a court decision in your hands, then with it, the title documents for the apartment and your passport, you need to contact the territorial department of the Department of Internal Affairs of the Ministry of Internal Affairs of Russia and they will make changes to the records of persons registered in your housing.

Price

Forced eviction of tenants involves going to court. The cost of the state duty is calculated based on Article 333.19 of the Tax Code of the Russian Federation. Filing a claim for eviction without the tenant's consent will cost 300 rubles .

The state duty can be paid at the cash desk of any Russian bank (for example, Sberbank). This can also be done at the cash desk of the judicial institution (if available).

Thus, the discharge of temporarily registered persons without their consent occurs through the court. The reason is considered to be inappropriate behavior of the residents. Deregistration is initiated by the owners or tenants of the premises. Cases are heard in the district court based on applications from citizens. The deadline for removing a tenant from the apartment is 3 days from the date of receipt of the court decision.

general information

Does a property owner have the right to evict someone without consent?

Therefore, if the owner of the property decides that the neighborhood is no longer acceptable, and the grounds have developed in his favor, there is nothing strange in the fact that he can carry out the deregistration procedure.

The discharge procedure can occur in different ways. The first and most acceptable for this situation is by agreement with what is prescribed. In this situation, the parties discuss the main points of the procedure and carry it out voluntarily through the passport office, without involving other authorities.

If the registered tenant does not want to deregister voluntarily or you cannot contact him at all, but you will have to carry out actions without obtaining the consent of the other party, that is,

through the courts

How to check out of “Nowhere” - instructions

If you have a good reason for checking out and not re-registering immediately, you won't have any problems with the law. In order to register, you must contact the local territorial branch of the unified information and settlement center.

You will only need two documents:

1. Passport.
2. Application for deregistration addressed to the head of the department of the Federal Migration Service of your district.

The application is drawn up in any form. It must indicate why you want to leave your previous registration area.

If you are going to move abroad for permanent residence, this must also be indicated.

Also, if a citizen is discharged, it is necessary to indicate the address of the new place of residence.

The latter is a mere formality. Whether you actually live there is not checked by anyone.

However, in all cases, except for moving to a permanent place of residence abroad, even after being discharged to “nowhere”, you are still required to register at a new address within ten days

It does not matter whether the registration is temporary or permanent. She must be

If you have lost your last home by court decision, you need to register at your place of actual residence. Otherwise, both you and the owner of the property in which you live will bear responsibility.

It is worth considering that if you have registered in a residential premises and do not intend to move in, this will be called a fictitious registration and it can be canceled by the court at the request of an interested party.

If you are checking out of your apartment to move abroad to a permanent place of residence, then you need to provide the following information to the unified information and settlement center:

1. Passport and application.
2. Special document - “Sheet of statistical report of disposal”.

The latter is filled in by all citizens leaving the territory of Russia.

In a few working days, your passport will be returned to you at the department of the Federal Migration Service, with a mark indicating deregistration.

Statement of claim

• name of the judicial authority;
• Full name of the plaintiff and defendant, contact details of the parties;
• statement of the circumstances of the case;
• presenting evidence in favor of correctness (the tenant uses the apartment as a warehouse, starts drunken brawls, does not pay bills from housing and communal services, etc.);
• requirements to the court (forcibly expel the tenant from the apartment);
• list of attached documents;
• date and signature of the plaintiff.

Citizens' appeals are considered by the district court within 2 months from the date of filing (Article 154 of the Code of Civil Procedure of the Russian Federation).

Without his presence or consent

Termination of a citizen’s registration usually takes place without his presence. Most people don't want to waste time on bureaucratic formalities. Therefore, they simply move out of the apartment, having settled with its owner, and without notifying the migration authority about their movement.

The law gives the owner the right to independently contact the FMS with a request to terminate temporary registration early in accordance with paragraph 123 of FMS Order No. 288 and paragraph 30 of Resolution No. 713.

The legislation does not indicate whether it is necessary to obtain consent or in any way notify the citizen that the government body has received a corresponding appeal.

In this case, the actions of officials can be appealed by the citizen to a higher authority or in court. But before a final decision is made, the person will lose his temporary registration and all rights associated with its existence.

It is worth noting that the responsibility for sending an application to the migration service with a request to remove a citizen from temporary registration has not been established for the owner of the property. Therefore, apartment owners can freely contact the FMS and demand that temporary residents be deregistered.

Every person who is involved in renting out apartments should figure out how to discharge a temporarily registered person ahead of schedule. This will allow them not to be afraid to give their consent to register residents at their place of residence.

How to register a newborn child without the consent of the property owner - see here.

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

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The applicant can submit a written request by mail or through the State Services portal. In both cases, the withdrawal will be made within three days, but only on the condition that the applicant appears at the Ministry of Internal Affairs and puts his personal signature confirming the request.

Attention: you can avoid visiting the registration department at all only if you entrust your cancellation responsibilities to another person. Actions are performed by power of attorney, certified by a notary

Also, the personal presence of the registered person is not required if the application is submitted by the owner of the premises.

If you find an error, please highlight a piece of text and press Ctrl Enter.

Legal assistance

If you still have questions about the deregistration procedure and you need qualified assistance from a lawyer in filing a claim, write or call our specialists right now!

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