Buying an apartment on the secondary market can be extremely profitable, but there are certain nuances. Imagine the transaction has been successfully completed and you want to move into your new home as soon as possible. To do this, the former owner must vacate the premises. We'll tell you how much time he has for this and what to do if the seller doesn't move out for some reason.
Is it possible to live without registration according to the Law?
The term registration was abolished in the Russian Federation in 1993 with the signing of the Law “On the right of citizens of the Russian Federation to freedom of movement.”
The term was replaced by the concept of “registration of citizens at the place of residence ,” which was introduced for the purpose of notifying the FMS authorities about the movement of citizens within the country.
On the basis of this law, the constituent entities of the federation adopted their own Resolutions regulating the procedure for this procedure in a specific territory.
The law clearly distinguishes between the concepts of place of residence and place of temporary stay. The conduct and timing of each type of procedure are regulated by the “Rules for registration and deregistration of citizens of the Russian Federation” (Resolution No. 713 of July 17, 1995, as amended in 2010).
Permanent registration is registration in your own residential premises or municipal apartment provided under a social security agreement. hiring Temporary registration – registration at a temporary place of residence. This could be rented housing, an apartment for relatives, friends, office premises, a dormitory, etc.
For more details about why registration is needed, as well as about temporary and permanent registration, read this article, and you will learn about the difference between registration and registration, as well as how the place of stay differs from the place of residence, here.
Methods
There are four methods for releasing purchased housing from former owners:
- Best. Housing space is accepted at the same time that registration papers are submitted. From this day on, the party who bought the home is the owner, and she can live in it.
- Popular. The seller does not have time to move before the day of sale, and he is obliged to do this either within the next month by the date of registration, or a little later.
- Alternative. Used when there are several transaction objects. A person sells his home, buys from another, etc. In such a situation, the purchased living space may become available only three to four months after it was sold.
- Conflict. When a real estate seller is a drug addict, alcoholic, or simply a citizen with a difficult character, does not leave it for a long time, such a problem is solved by contacting the judicial authorities.
All issues that may then become controversial can be agreed upon with the other party to the transaction in advance in order to avoid unnecessary expenditure of nerves, time and money in the future.
How long can you live without registration in your passport?
According to the law, permanent registration can only be obtained in your own home or in a municipal apartment provided under a social security agreement. hiring
If a citizen deregisters, he must register in the new place seven days in advance. These deadlines are established by Government Decree No. 809 of August 15, 2014.
In order to meet the deadline, it is more advisable for a citizen to apply for registration when he arrives at a new place and automatically register from the old address. Carrying out the procedure in this way will avoid missing the registration deadline at your new place of residence.
Missing a deadline is permitted for a valid reason:
- Buying a home.
- Illness with treatment in a hospital or at home.
- Business trip to another city.
Each case requires confirmation by documents (certificates from the hospital, travel certificate, certificate from work, purchase agreement for living space).
Deadlines for registration of foreigners
It is no secret that there is a constant influx of citizens from Uzbekistan, China and others. And here there are rules.
The same period, seven days , is established by law for notifying the FMS authorities when a foreign citizen is in Russia.
A foreign citizen is required to send a notification to the Federal Migration Service office about his arrival in Russia by postal notification or with the participation of the organization receiving him (you can find out how to register via mail here). This role can be played by legal entities and individuals.
The citizen is issued a migration card with a specified period at the place of temporary residence.
Temporary registration in Russia is valid for a period of 90 days. If the deadline is violated, the migrant faces a fine and deportation to his homeland.
We talked in more detail about the registration of foreign citizens and the necessary documents here.
What if you miss deadlines?
Despite the document establishing the citizen’s right to freedom of movement, the state will punish you with a fine for not having a stamp. Article 19.15.1 of the Code of Administrative Violations provides for such a violation. According to this document, a citizen is required to register within seven days .
For missing a deadline, the code provides for penalties in the amount of one and a half to three thousand rubles, and for Moscow and St. Petersburg from 5 to 7 tons.
This rule applies to both permanent and temporary registration.
That is, even if there is a stamp in your passport, and you will be temporarily in another place, you must issue a temporary registration.
Facts of lack of registration can be identified by an official (when checking documents) or the Federal Migration Service when submitting documents for registration (you can find out about the necessary documents for registration and deregistration here).
You have the right to reside at any address that is not your permanent place of residence for up to 90 days. If you live in a rented apartment, you must obtain temporary registration in it no later than within 3 months.
The fine for its absence will be paid by the owner of the property in which you live.
For owners whose living space is occupied by citizens without registration, a fine of 3 to 5 thousand for regions, from 5 to 7 thousand for Moscow and St. Petersburg is also provided. Legal entities for such violations are subject to fines from 50 to 757 tons (Article 19.15.1 of the Code of Administrative Offenses).
Read more about fines for late registration or lack of registration in this article.
What to look for
The seller of the property must vacate the apartment, as soon as signatures are placed on the agreement and full payment is transferred.
The legislation contains such a concept as reasonable terms for vacating an apartment - vacating an apartment when specifying periods, which is not specified in any of the documents; however, in practice, it is considered that the duration of such a period for vacating an apartment after the sale is one month.
According to judicial practice, a reasonable period is 30 days, and only after that can legal pressure be applied to the previous tenants. But until this moment, first of all, the period is allotted for the citizens to move out of the apartment you bought, specified in the sales contract. This is stated in Art. 457 Civil Code of the Russian Federation. And if this period is not specified, it is considered that you need to leave the apartment within this reasonable period.
When carrying out such a transaction, there must be a document such as a pre-sale act, which stipulates the sequence of actions taken. It includes two parts:
- Sequence of legal actions: on the day of signing the agreement concluded between the parties to the transaction, the buyer transfers the amount of money established by the terms of the agreement and deed. Most often, this is half of the total amount, but in general this is specified in the contractual terms.
As soon as a reasonable period ends, the buyer pays the second part of the payment, and also checks all the information from the meters. This is the moment the transaction ends. The seller must check out of the living space, and other citizens registered at this address do the same. The buyer, based on the transfer act, re-registers all utility bills in his name.
- Sequence of household actions: the state of the living space in which it is located at the time of the operation, the presence and condition of existing household appliances and furniture must be described in detail and point by point.
This act has equal legal force, the same as the purchase and sale agreement, it is proof of the fidelity and compliance of the actions taken with state legislation. Therefore, the presence of furniture does not have to be specified in the main agreement.
In practice, there are 2 options - if they live in the apartment and if it is free. In the first case, the seller, having received money for the apartment, is obliged to immediately begin moving. A month is given for this.
This is a reasonable period. He assumes that the former owner is using the proceeds to buy another living space and needs a month to move.
The second option is simpler. When the apartment is already free of tenants and furniture, there is no point in the seller delaying the vacancy for a month. And the new owner can begin to use the living space immediately after the conclusion of the contract.
These points should be discussed before signing documents and included in the contract.
Useful video about the statement after the sale, what you need to know when making a transaction.
Features of registration when selling your home
Article 292 of the Civil Code of the Russian Federation prescribes the need to extract from an apartment when selling it. The timing of deregistration at this address may be established by the purchase and sale agreement. If the time frame is not established by this document, you should be guided by the Civil Code, which interprets the time period as “reasonable” .
In practice, it is equal to 30 days.
But how long can you live without registration after selling your apartment?
If you have checked out of a sold home, but have not found a new home within a month, then in theory you have nowhere to register.
According to the law, if the seven-day period is violated for a valid reason, no fine should be charged.
When purchasing an apartment and receiving a Certificate of Ownership, Rosreestr employees will put a mark that will allow you to avoid a fine.
However, there are precedents when a fine was imposed despite the presence of justifying documents.
When moving to another city, it is more advisable to arrange an automatic deregistration through registration. Just as in other cases, the registration procedure must be completed within 7 days.
If you do not have your own housing in which you can register, or housing where relatives or friends agree to register you, you need to register temporarily.
You can learn more about how to register in a new home after selling your old one here.
The registration period is no later than 90 days.
If you rent housing in another city, you must provide the FMS with a rental agreement or an application from the owner of the apartment you are renting. Violation of the terms of temporary registration is subject to a fine of the same amount as violation of the terms of permanent registration. The amount of the fine is constant and does not depend on the length of your stay without registration at your place of residence or stay.
What to do if the former owner does not move out
The seller may delay moving out of the apartment for various reasons. For example, he had difficulties purchasing a new home. The situation is being resolved in several stages, which will take quite a lot of time. First, you need to send the seller a formal eviction notice. It must contain the following information:
- The legal owner of the sold property is the buyer;
- Evidence of ownership: documents certifying ownership;
- Warning about the initiation of legal proceedings.
The notice should be sent against signature or by registered mail no earlier than seven days after receiving the rights to the property. If you want to file a lawsuit, you can do this no earlier than a month after sending the notice. By law, the former owner is given the opportunity to respond to the warning and move out of the premises. If this does not happen, you can file a lawsuit. It should indicate the requirements for vacating housing. The application is submitted to the district or city court at the location of your new apartment. Attached to it:
- A complete package of documents collected during the conclusion of the transaction;
- Proof of service or dispatch of the notice;
- Confirmation that the former owner did not move out of the sold apartment;
- Receipt for payment of state duty (300 rubles).
Next, the court will oblige the executor to vacate the property. In case of repeated refusal, you should contact the bailiffs to issue an order that will allow you to forcibly evict the unscrupulous seller.
To avoid unpleasant situations and save time, we advise you to always check the property before purchasing. By ordering an extract from the EGRN from the EGRN.Reestr website , you will receive information about all owners of the apartment, its history, possible liens and encumbrances. The report will be ready in 30 minutes - 72 hours.
Text: Alina Volkova
If there is nowhere to register
Lack of registration is an obstacle to a full life.
According to the law, a passport without a registration stamp is valid, but a citizen with such a document will face many obstacles in the following cases :
- seeking medical help;
- registration of a foreign passport;
- registration of SNILS;
- vehicle registration;
- registration with tax authorities;
- apparatus employed;
- obtaining a loan from a bank;
- registration of pension;
- receiving social benefits.
According to the law, the absence of a residence stamp in your passport should not be an obstacle to going to a clinic, bank, or getting a job.
However, practice shows that most often this still creates certain problems.
The Labor Code (Article 64) states that restrictions on hiring due to lack of registration are not permissible. But we all know that, for example, in Moscow, without Moscow registration, it is impossible to get a normally paid job. What can we say about the absence of any registration at all?
No registration means you can’t get a loan , since the bank’s security service will not risk allowing a person without a specific place of residence to take out a loan.
According to the rules, it is also possible to enroll a child in an educational institution without registration, but citizens living in the area where the educational institution is located have a priority right to enroll in the queue. So your child may not wait in line.
Therefore, it is advisable to contact relatives or friends who will agree to register you in their living space.
If there are none, you can try to contact intermediaries who can help you register for a certain fee in order to avoid unnecessary problems.
About deadlines
As already mentioned, when it comes to the temporary relationship, an unspoken monthly period for the seller to leave the sold property is established. The law does not stipulate from what moment it is considered, therefore, in order not to make various guesses, you can immediately indicate the period of departure in the contract for the purchase and sale of a real estate property, i.e. “I’m buying a house, live in it for a while, then move out.”
If a month has passed since the end of the operation, and the living space has not been vacated, the buyer has every right to appeal to the judicial authorities to evict the former owners of the property.
Important! The regulatory documentation does not indicate specific deadlines, so you need to know about this when purchasing a real estate property. It is important that these points are agreed upon between the parties to the transaction and are also reflected in the agreement.
It is very important to specify the terms and circumstances under which the move out of the apartment will be carried out. This is included in the majority of sales contracts. This gives some hope that entry will be carried out as you wanted and there will be no conflicts. It also gives specific deadlines for when the former owner must move out of the apartment, after which you can legally demand eviction.
The next point is also effective. The agreement can indicate that some portion of the total cost of the living space, for example, ten percent, will be placed in a safe deposit box. This money will be received by the seller only when he checks out of the property and releases it from all things not specified in the agreement.
How to secure yourself financially
In addition, the document can also prescribe penalties - for the day of delay, a certain percentage of the funds that need to be paid “flows in”. After the seller provides an extract from the new residential address or a passport in which there will be a registration stamp, he receives the reserved money. Such strict conditions force sellers to comply with the law and not irritate other parties to the transaction.
For the month that the former tenant lives in the apartment, he can pay, for example, on the basis of a rental agreement. If he does not move out in a month, this will be an additional basis for collecting lost benefits from him. In court, you can recover the amount lost from renting.
This practice is a common occurrence in real estate companies: the agency employee receives his salary when the transaction is completed, when the buyer has, in fact, received the housing and transferred money for it.
Watch the video about how not to make mistakes when buying a new apartment!
Is it possible to move in immediately after purchase?
Yes, of course, you can move into the new apartment you bought immediately after purchase. This can be negotiated with the seller. Most often, it is better to buy an apartment when the previous tenant has already been discharged and the housing is ready for new occupancy. You simply pay money for the purchase of living space and can immediately move into the apartment.
It will be good when the seller already has a new apartment. In this case, there will be no doubt that he will still live in the apartment you bought and look for a new one. Therefore, it would be more prudent to find an apartment for purchase for the seller and check out, and then sell your own. Otherwise, conflict and unpleasant situations may arise.
What to do if the former owner does not want to move out of the apartment
There are cases when the deadlines have already passed, but the seller refuses to move out of the apartment for various reasons. In this case, a conflict situation arises because the previous owner does not allow the buyer to move into the new apartment. And this causes a number of problems for the citizen who purchased this housing.
If such a situation arises and the former tenant does not want to physically leave the apartment or legally check out, then the new owner has the right to call the police. The territory no longer belongs to the previous owner of the property, so law enforcement agencies have every reason to expel a conflicting citizen.
When the terms are not fixed in the contract, the new owner can demand the eviction of the previous owner from the very first day, since the buyer becomes the owner of the property with full right. Most often, the buyer and seller agree on the deadline.
However, it is also worth knowing that the registration of the right took place without the previous owner being discharged from the property and he does not want to move out, then it will be possible to remove it from the registration register only through the court of the Russian Federation.
Sample preliminary agreement
As you can see, clause 3.4 specifies the period when the former owner will hand over the apartment to the buyer for complete disposal. And also this is the fact that the seller should not be registered there and no longer live there.
Advice for those without registration
Each individual case of a missing stamp in a passport may have different reasons, but the problem still needs to be solved . If you do not have a residence permit and have nowhere to register, you can do the following:
- Register at the hostels (there are organizations that provide temporary registration).
- Buy an inexpensive house in some remote village and register in it.
- Register in a country house or garden house located on the territory of a rural settlement.
- Register with the owners for a fee or by agreement.
Someone can confidently say: “I live without registration and everything is fine.” However, the absence of a registration stamp from the Federal Migration Service can become a source of many problems with their consequences. Therefore, it is still worth trying and formalizing it in any currently available way. Otherwise, even walking down the street in our time will not be so safe.
