How can I check out?
The extract has its own rules, enshrined in the following regulations:
- ;
- administrative regulations of the Ministry of Internal Affairs, approved.
According to these standards, deregistration can take place in two ways:
- Before registering at a new location. It is carried out on the basis of a free-form application.
- During registration at a new location. An application is submitted in Form No. 6; a separate part of it is filled out for withdrawal.
To begin the procedure you should prepare:
- passport or birth certificate upon discharge of a child under 14 years of age;
- a document that serves as the basis for registration in a new place: an extract from the Unified Register of Real Estate, a purchase and sale agreement, and so on.
De-registration is free of charge. It can be done as follows:
- by contacting the police migration department (UVM);
- visiting (Multifunctional Center);
- online at .
Learn more about how to check out of residential premises.
Lawyer's answers to private questions
Do I need the presence of the owner if I want to deregister?
No. The presence of the owner of the residential premises is required only when registering at the place of residence. You can check out yourself.
I bought an apartment with registered relatives of the seller, they do not want to check out. What should I do?
Without a trial, they can only be discharged by mutual agreement. In such a situation, you need to go to court, citing the fact that when property rights are alienated, relatives lose their right of residence.
Does a notarial obligation to sign out of an apartment have legal force if it is for sale?
It has. But according to the law, the buyer will still have to go to court to discharge the seller or his relatives if it is not possible to reach an agreement peacefully.
I am selling an apartment, but I am not registered in it. The buyer asks to confirm this. How can I do that?
The absence of registered citizens in the living space is confirmed by an extract from the house register. It can be taken from the HOA.
I am buying a home, the seller is registered there. Is it possible to indicate in the purchase and sale agreement the deadlines within which it must be issued? Or is it better to issue a separate notarial undertaking?
There is no point in going to a notary to formalize an obligation. If the seller does not check out within the agreed time frame, the buyer will in any case have to go to court. It’s better to just indicate the deadlines in the DCP.
What affects the duration of the deregistration procedure?
The length of the discharge process depends on several factors:
- the moment of deregistration (before moving into a new place or simultaneously with it - automatically);
- the body making the decision on discharge: the Department of Internal Affairs of the Ministry of Internal Affairs or the court;
- places for submitting an application: Department of Internal Affairs of the Ministry of Internal Affairs (directly or through the passport office), MFC, State Services portal;
- age of the person being discharged;
- the person submitting the documents (in person or through a representative).
All these circumstances determine not only how many days it takes to be discharged, but also the subtleties of the procedure itself. In most cases, it is completed 3 days after submitting the application, but sometimes it drags on for several months.
Deadlines for personal appearance and for discharge through a representative
The most common way to submit documents is to personally contact the migration department at the regional police department. If a person chooses this particular path, then within 3 days from the moment the documents are received, he is deregistered, and a corresponding note is made in his passport.
The period for checking out of an apartment at the passport office usually exceeds 3 days. This is due to the fact that the passport officer transfers all the information to the Department of Internal Affairs of the Ministry of Internal Affairs, and this requires additional time.
If circumstances prevent personal application (rotational work, business trip, illness), you can sign out using a power of attorney, executed by a notary. It specifies all the powers of the trustee related to deregistration. However, this increases the discharge period to 14 days.
Please note: not all district registration authorities in practice sign up applicants by proxy, so you should clarify their position in advance.
Dates for court release
An extract through the court is always associated with disagreement with what is prescribed or other controversial issues. It is not surprising that it takes a lot of time to analyze the situation.
Deregistration litigation involving disputes over ownership can drag on for years. But, as a rule, discharge does not last that long. In accordance with paragraph 1 of Art. 154, legal proceedings in the case should not exceed 2 months.
To this period should be added 1 month for the decision to enter into legal force. Thus, according to the court, the registration authority will discharge the resident in an average of 3 months.
Duration of automatic check-out
It is most convenient to deregister simultaneously with registration in a new place, since to resolve two issues you only need to submit an application once using Form No. 6. In this case, the issue of recording the deregistration of the Department of the Internal Affairs of the Ministry of Internal Affairs decides independently.
The date of discharge is the day of registration in the new place. Although in fact the period differs from how long it takes to be discharged from the apartment automatically. The authorities are given up to 14 days for this action if registration and deregistration occur in the same subject of the Russian Federation.
If a citizen has changed the city, the period will increase due to the forwarding of documents. However, this is not a problem for the end user of the service. The main thing is that by this time his passport will already contain confirmation of his new registration.
Deadline for deregistration and place of application
The place and method of submitting documents affect how long you will have to wait for the procedure to be completed. We have already discussed the terms of registration at the passport office and at the Department of Internal Affairs of the Ministry of Internal Affairs.
You can also get this service at the MFC. In this case, the waiting period will be about 6 days, because the MFC is only an intermediary who transfers the case to the registration authority. As a rule, the final deadline depends on the workload of the institution.
In addition, you can use the State Services portal. When discussing how many days the statement takes in this case, let us mention that the online process takes the same as the standard one - 3 days.
An undeniable advantage is that you can start the procedure right at home by simply filling out an application on the website. To do this you should:
- Go to the State Services portal.
- Enter “Deregistration at the place of residence” in the search engine.
- Fill in the information in the proposed application form point by point.
Practice shows that after 3-5 days the applicant receives a message about the time of a personal appointment by email or phone. You should take the original documents to your visit so that you can stamp them on the same day for discharge.
Deadline for discharge of a minor
The period for deregistration at the place of residence of a child under 14 years of age depends on whether the apartment is privately or municipally owned. In addition, it is important that the minor himself has ownership rights to the apartment.
This is due to the fact that permission from the guardianship and trusteeship authorities is required to discharge a minor owner of a municipal or privatized apartment. It takes them up to 14 days to consider this issue.
Having received the consent of the guardianship authorities, the parent must contact the Department of Internal Affairs of the Ministry of Internal Affairs to register the departure from the premises. It will take 3 days for discharge. It will take another 3 days to register at the new address.
If the apartment is privatized, but the child does not have ownership rights to it, the period is reduced by 14 days, since it is not necessary to obtain permission from the guardianship authorities.
Is it possible to discharge a person without his consent?
It is impossible to forcibly deregister a home owner. First, the property must be taken away from him, and this is not easy. If a person is registered without property rights, he can be deregistered through the court. Each case is considered separately. The decision to discharge is made taking into account compelling arguments - refusal to pay for electricity, gas, water, long absence, divorce, etc.
How much time is allotted for registration if there is an extract stamp?
After a person has left the apartment, he has a certain period of time to register in a new place. If he immediately moves to permanent residence, 7 calendar days are allocated for filing an application. During this period, you must submit documents to the registration authority.
If a citizen has moved into a temporary place of stay, he can register there within 90 days.
Separately, it is worth discussing the situation when a citizen is discharged from his old place of residence before moving into a new one and does not actually live at the new address for 7 days.
Of course, how long a citizen will move for a long time is up to him to decide. But subsequently you will have to prove to the official that the actual settlement did not take place immediately. And only convincing arguments will help you avoid punishment, for example, train tickets, proving the justification of a long move to a new place of residence.
Find out more about how long you can live without registration.
Grounds for expulsion from the apartment
- Re-registration . A person buys another home or moves to another apartment, the owner of which agrees to register him.
- Divorce . The former spouse can evict the other from the home if he became the owner of the home before marriage. Grounds – Article 31, paragraph 4. Housing complex of the Russian Federation. An exception is a marriage contract or other document under which both spouses began to own real estate. If there is no place to discharge, the court may allow the use of the premises for a certain time. If the owner of the apartment pays alimony, the court may order the former spouse to be provided with living space.
- The defendant does not pay for electricity, gas, water, or no one has seen him at his place of registration for more than six months . If he is the owner of at least some real estate, the judge will allow the person to be discharged from the apartment without his consent.
- Deprivation of parental rights . Bailiffs can evict a mother and father if the court has prohibited them from being near the children. The plaintiffs are the guardianship authorities. People deprived of parental rights automatically lose their registration.
- Stay in prison . A resident can be discharged if they serve time, but can be re-registered upon their return.
- Tenants violated the rules for using a municipal apartment.
- Real estate was received as a gift or inheritance . The new owner can deprive the previous residents of their registration through the court.
- Illegal redevelopment . If you prove that the owner’s actions can provoke the destruction of the house, the judge will deprive him of the property. The apartment will be sold at auction. Everyone who is registered in it will be discharged.
Penalty for late registration
If a person failed to do everything possible to ensure that the discharge and registration at the new place of residence were carried out within the established time frame, administrative liability will follow.
In accordance with paragraph 1 of Art. 19.15.2, for violation of registration deadlines for unjustified reasons, a fine of 2-3 thousand rubles is imposed.
The amount of the monetary penalty increases to 3-5 thousand rubles if the offense was committed in cities of federal significance: Moscow or St. Petersburg.
A citizen will not be held liable if he documents his relationship with the owner or tenant of the residential premises. For example, if these persons have a marital relationship or they are children, parents, grandparents, grandchildren or parents of a spouse.
Read about how a fine is imposed for late registration.
