How to expel a registered person from a house if I am the owner - answers from a specialist

Share with family and friends:

Anyone who has ever thought: “How can I expel a person from a house without his consent if I am the owner?” is looking for regulations on this issue and trying to understand exactly what rights the people registered in his living space have. Much here depends on the age of the residents, the reasons why people were registered in the house, and why they now need to be discharged.

Methods of discharge from residential premises

You can register in a residential area only with the consent of the owner of the house or apartment. The parties can enter into an agreement on temporary or permanent residence with the possibility of registration at this address ().

Depending on whether the citizen was registered temporarily or permanently in the residential premises, different procedures for deregistration are applied:

• cancellation upon expiration of the contract or early by court decision (temporary registration);
• by consent or forced by court (permanent registration).

If there is a need to forcibly expel a citizen registered there from the house through the court, the owner of the living space will have to file a claim.

Based on the provisions of Art. 30, the owner has the unconditional right to dispose of the housing he owns and determine who can live in his premises.

Find out in more detail what you need to deregister and how to check out of your residential premises.

How to check out through the MFC?

Multifunctional centers provide Russian citizens with a wide range of services for processing various documentation both at the local and state levels. MFC employees can also help with the procedure for deregistration of citizens of the Russian Federation.

For this purpose, it is necessary to contact the nearest MFC with all the above documents. Here, the queue of citizens moves using coupons, and as soon as your coupon number lights up on the board, you need to immediately approach a specialist.

After submitting the documents, the citizen fills out an application form for discharge. After 2-4 days, the applicant will receive a message that the documents are ready and will be indicated the date and place where they can be picked up.

Set of documents

In order to be deregistered, a citizen who changes his place of official residence must provide a package of certain documents to the Department of the Internal Affairs Directorate of the Ministry of Internal Affairs. Their list is almost identical to the set of papers required to check out of an apartment.

So, before going to the authorized body, you should find out what documents are needed to check out from home and prepare them. The algorithm of the procedure and the procedure for the actions of a person deregistering do not differ from those that must be completed for voluntary deregistration in an apartment in an apartment building.

Read the list of required documents and how to check out of the apartment.

Perhaps the main difference in the list of standard papers until 2016 was the house register. This document, previously important in private households, has the appearance of an ordinary magazine of 20 sheets of A4 format. In order to eliminate the possibility of falsification of records, as well as to simplify the search for information, each sheet in this journal has a serial number.

Find out more about what a house register for a private house looks like.

The package of documents for deregistration from a private home includes:

• passport;
• house register (although according to the law, since 2016 it should not be required);
• application for deregistration at the previous address;
• application for registration at the place of new registration;
• title documents for the housing of the owner of the house in which the citizen is registered;
• a statement that the owner of the property is not against the resident’s registration in the living space that belongs to him.

It is advisable to provide all the necessary documents at the first application, otherwise they will be returned, and the applicant will again have to collect and complete the paperwork.

In exchange for the passport given for registration, you need to receive a temporary identity document ().

If a citizen does not want to voluntarily leave a home that does not belong to him, the owner has the right to go to court. We recommend that you first familiarize yourself with what a sample statement of claim for an extract from a private home looks like.

Where to check out?

Based on Order of the Russian Federation No. 984 (December 31, 2017), starting from April 17, 2018, registration records are handled not by the FMS (migration service), but by the Russian Ministry of Internal Affairs. Therefore, you can contact the passport office of the district office or the housing office or the management company directly.

Intermediary bodies (free) - MFC, State Service.

Through State Services

The State Services website allows the person being discharged to submit an application online. But even under such conditions, you will have to visit the UVM in order to provide original documentation and put a stamp in your passport, but this only needs to be done once.

First register:

1. Go to the official website (gosuslugi.ru). On the right side, click on the “Register” button.

2. Enter your personal information and click on the button below.
3. Create a password, upload scanned copies of your passport, INN, SNILS (the portal system gives clear hints).

How to apply - step by step instructions:

1. Log in by entering your username and password. If you have forgotten the code, the portal provides the opportunity to restore it.

2. Select the appropriate categories.

3. Click on “Citizen Registration”.

4. Click on the “Services” icon and on the application option.

5. Enter the necessary information - personal and passport data, address of registration and future registration, indicate the reason for deregistration, etc. After that, give consent to processing, send.

Within 3 days (sometimes longer, depending on workload and waiting for a response from other departments) you will receive an SMS notification of the date, time and address of the migration department of the Ministry of Internal Affairs, where you need to appear with original documents.

Upon arrival at the government office, employees check the documentation, stamp it and return the passport along with the departure sheet. You can view the departure sheet here.

[vote2x id=”1398" align=”center”]

Through MFC

When visiting the Multifunctional Center in person, you must take a “live” queue, after which you will be seen by an employee for an appointment to submit documentation and an application.

If you do not have the time, opportunity or desire to wait in line, you can take it through the “My Documents” portal. A preliminary check of documentation is also carried out here.

We recommend: Everything about the timing of leaving an apartment

The first thing you need to do is register on the website (https://md-crimea.ru). The procedure is similar to registration in the State Services.

After that, proceed like this:

1. Determine the service for deregistration at the place of permanent or temporary residence.

2. Select the desired department (MFC).

3. Visit the pre-registration page. On the left side are the addresses of the MFC, from which select the one you need (located in the area where you are registered). Click on the address icon and check the box next to “Individual”.

4. A table with dates and times will open in front of you. Red color means that these hours are occupied, blue/black - completely free.

5. After clicking on the day and hour of your appointment, you will be redirected to a page for filling out your personal information.

6. Submit your application. There are clear tips for this.

At the designated time, report to the Multifunctional Center office to submit the original documentation. On the same day your passport will be stamped.

Portal services are convenient because you can fill out an application through them while in another city or even country, but for this you need to involve a trusted person (to put a wet stamp).

Can the owner leave the house if there is no house register?

The house register was kept by the owner of a private house, who was its owner, and if the house was in shared ownership, then by all shareholders. It reflected all the facts of registration and deregistration of residents from the household during the period of existence of the building.

The number of residents registered at a particular address significantly affects the amount of utility bills.

The form of the house register was determined.

Although this document used to be included in the list of things required for registration and deregistration, its absence could not prevent the owner from registering from his own home without a house register. After 2021, this document is no longer needed.

There are 2 ways to do this:

1. Auto.
2. Ordinary.

In the first case, there is a procedure in which extract and registration are carried out simultaneously with filling out applications in Form No. 6 for deregistration and registration.

In addition to the two statements, the owner must provide the UVM inspector with:

• passport;
• birth certificate of children under 14 years of age, and if children are over 14 years of age - their passports;
• title documents for home ownership: certificate of inheritance, purchase and sale agreement, deed of gift, and so on;
• certificate of title of the property owner changing the registration;
• completed departure form.

The migration department will tell you how to leave a private home in the usual way and will issue you a letterhead application form for deregistration without a house register. It contains the following information:

• name of the selected authority of the Department of Migration;
• personal data of a citizen who is leaving a private home;
• the address from which the citizen is checking out;
• new address;
• passport details;
• date and signature.

Deadlines

The duration of document preparation for simultaneous registration and discharge is 3 working days (Resolution of the Government of the Russian Federation No. 713 of July 17, 1995). After the specified period has expired, you must be stamped deregistration at your old address. Registration at the new location will take at least another 11 days.

A typical discharge to the UVM takes 3-5 days. By acting through an intermediary represented by the State Budgetary Institution “My Documents”, you will increase this period to 7-8 days. Similar deadlines are set for discharge through housing departments - “passport offices” at the old address. Details in the article “How long, days are they discharged from the apartment?”

Can a registered person be deregistered without the participation of the owner?

Deregistration is fundamentally different from registration of a non-owner of the living space on which he plans to register. It is impossible to register on square meters without the consent of the owner, but the registration procedure does not require the personal presence or expression of the will of the owner of the property.

All that is needed to check out of a private house without the owner is to write an application for registration at a new address. In this case, it is impossible to do without the consent of the owner of the new living space. Employees of the Department of Internal Affairs of the Ministry of Internal Affairs will independently send a request for deregistration at the previous place of residence.

This rule applies to cases of temporary and permanent registration.

Thus, it can be stated that the procedure for deregistering a registered person from the house allows for deregistration without the consent of the owner and his presence.

Nuances of deregistration from a house with shared ownership

In order for a tenant to voluntarily leave a private house that is in shared ownership, the consent of neither one nor all owners is required, as in the case when the property belongs to one person.

If people need to be removed from a home without their consent, only one owner files a claim in court. In the claim, he must substantiate his demand to evict a tenant from his property who:

• violates his rights as an owner;
• uses the premises for other purposes;
• lost the right to use housing and so on.

When considering the eviction of unwanted tenants, evidence is important. To expel a non-owner from a house without the consent of the other co-owners, you must provide the court with evidence of the need for forced expulsion and provide undeniable arguments.

Is it possible to discharge a minor?

In the event of divorce and other circumstances, some owners try to initiate the removal of their minor children from private household ownership. However, only the court has the right to decide whether a minor child can be discharged from home.

A minor can be removed from registration at the place of residence only with one of the parents (Article 20) and with the permission of the guardianship authority.

In this case, the guardianship authority and the court should be provided with indisputable evidence that the living conditions of the child in the new place of residence will be no worse than in the previous home. For example, if a private house was heated with wood, and the toilet was only on the street, the father or mother, together with a minor child, can easily leave the private house and register in an apartment in an apartment building, which has hot water supply, central heating and other necessary sanitary facilities. living conditions.

However, if the guardianship authority considers that even in this case the replacement will be unequal, the initiator of deregistration of a minor child from a private home may be refused deregistration.

Legal assistance

The occurrence of difficulties with discharge is by no means uncommon in our society. Legal assistance may be needed at any time: at the stage of application, collecting documents, disputes with the owner, filing a claim. You should not try to resolve conflicts on your own. By doing this, you can only aggravate the situation and get a denial of discharge.

A free online consultation on our portal will help you deregister according to all the rules.
Our experts will draw up a step-by-step action strategy, help with documents and handle your case individually. The information discussed above applies to general cases. It is quite possible that you are faced with a private problem that needs additional evaluation by a lawyer. Contact us, we will help! Attention!

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

That's why FREE expert consultants work for you around the clock!

1. via the form (below), or via online chat
2. Call the hotline:
   Moscow and the Region
3. St. Petersburg and region

- FREE for a lawyer!

By submitting data you agree to the Consent to PD Processing, PD Processing Policy and User Agreement.

Anonymously

Information about you will not be disclosed

Fast

Fill out the form and a lawyer will contact you within 5 minutes

Tell your friends

Rate ( 3 ratings, average: 5.00 out of 5)

Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

Author's rating

Articles written

610

Is deregistration required if the house is demolished?

Private houses, especially old ones, which have become dilapidated and no longer meet the requirements for residential premises, are subject to demolition. For example, within the framework of the Renovation Program. As a rule, in such cases, residents are provided with new housing or compensation.

You can write a person out if he does not live there before or after the liquidation of the building.

During demolition, citizens registered in a private household must be deregistered. To do this, you need to contact the passport office with an application for an extract from your previous place of residence and a passport.

If new housing is provided, the standard procedure for discharge and registration is applied.

Receiving compensation for demolished housing obliges the owner to independently find a new home and, accordingly, a registration address. If compensation has not been provided, the civil court will determine the new place of residence and registration.