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Published: 10/02/2017
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Russian legislation obliges citizens to register at their place of residence, provided they live at an address other than their registration for 90 days.
- Renting residential premises under a contract Is it possible to rent out housing without registering a person in the apartment
Moreover, a citizen can register both in the apartment of relatives and friends, and in rented housing.
What is this?
Temporary registration, which is often called temporary registration according to Soviet habit, is registration at the place of stay . This is a way for the state to track the movements of citizens. Obligation to notify appropriate authorities about their current place of residence is prescribed by law. The basis for this may be living in a new place for more than 90 days.
Important : registration of a temporary one does not deprive a citizen of his permanent registration, but only informs the state about his current location.
Is it necessary to register a document between individuals?
According to Article 609 of the Civil Code of the Russian Federation, a rental agreement is a document on the basis of which the owner undertakes to provide living space for living to another individual. The legislation makes it possible to conclude rental agreements for a period of up to five years in accordance with Article 683 of the Civil Code of the Russian Federation.
On a note. If the agreement does not specify a specific period, then the period is automatically considered to be five years. Agreements that specify a period of up to one year are short-term.
If the owner initially wants to draw up a short-term type of contract, then he must necessarily indicate the period. A rental agreement is void if it does not contain payment information.
We make a decision
People who have permanent registration in the city of residence can afford it and limit themselves to it. Visitors are forced to contact the landlord with a request to obtain temporary registration. Let's weigh the pros and cons.
Behind
- Decoration gives a competitive advantage in the rental market: such an apartment will be rented faster and more willingly, perhaps even a little more expensive.
- This service will increase the loyalty of residents towards the apartment owner: having registered at their place of residence, they are likely to settle for a long time.
- Properly executed documents affect the social well-being of residents: more employment opportunities, guaranteed medical care in the district clinic, places in a school near their home. All this reduces the likelihood of leaving due to job loss, illness or domestic problems.
- If the tenants caused damage to the landlord's property, caused a flood or fire, the presence of official registration will become proof of their residence in the apartment and will help to recover damages through the court. One apartment rental agreement is often not enough for this.
Against
- If one of the residents commits a crime, law enforcement agencies will look for him at his place of registration, which will create inconvenience for the apartment owner.
- If the tenant has debts, then bailiffs will come to the apartment and inventory the property, including that belonging to the owner of the property.
- The appearance of new tenants in an apartment may attract the attention of the tax service, which will create problems for the owner if he does not submit returns and does not pay taxes. Read more about responsibility here.
- Utility bills will increase - slightly if the apartment has meters. If there are no meters and payments are calculated based on the number of residents, then the increase in rent will be significant.
Features for the owner
Registration of temporary registration has certain pros and cons for the owner.
The positive aspects for the owner include the absence of potential problems with the law. If the tenant is registered in the apartment legally, then he does not have to worry about possible penalties from tax authorities or migration service employees.
Many owners are reluctant to register their tenants due to fears that they will eventually lay claim to the property. In fact, such fears are unfounded. Temporary registration does not provide any legal grounds to claim housing, but only secures the right to legally reside in a given living space.
The tenant will not be able to apply for the apartment, even if he invests money in its maintenance and repairs. Ownership rights can only arise as a result of concluding a purchase and sale agreement or registering a deed of gift. They do not arise under a lease or rental agreement.
Of course, temporary registration is not without its disadvantages:
- The size of the utility fee will increase (although usually the responsibility for paying it is shifted to the tenant).
- If a tenant takes out a loan and does not repay it, then collectors will visit the debtor at his registered address.
- All fines from the traffic police will be sent to this address.
- If the tenant is liable for military service and evades military service, then the military registration and enlistment office employees will look for him at the specified address.
Here you can find material on how to privatize a dorm room. Proper execution of a power of attorney for the sale of your real estate will help you avoid troubles. You can find out about this in our informative article.
What is apartment rent and how profitable is it? The link has all the answers.
Instructions on how to do it right
Help : registration is possible remotely, for example, through the government services website or by post.
1. Prepare the necessary documents:
- landlord's passport;
- documents on ownership of the apartment;
- rental agreement or apartment rental agreement;
- application for registration at the place of residence;
- written consent to move in from all apartment owners, notarized or certified by the employee accepting the documents;
- tenant's passport.
2. Contact the MFC or management company if it performs the functions of a passport office.
3. Receive a receipt for documents acceptance.
4. After three working days, receive a certificate of registration at the place of residence.
Do I need to register a tenant?
The owner of a residential premises may not register a tenant if he lives there for a relatively short period of time: less than 90 days. Migration service employees have no right to carry out registration actions without his consent even if the tenant has a signed lease agreement in his hands.
If a tenant lives in a rented apartment for more than 3 months, then the owner is obliged to take measures to register the tenant with the Federal Migration Service. Otherwise, he commits an administrative offense, which is punishable by a fine of 2000-3000 rubles.
Although in practice it is very problematic to prove the fact of a tenant’s residence for a long time and it is not easy to hold the owner accountable.
The lease agreement may stipulate the owner’s obligation to provide written consent to temporary registration. But you don't have to do this. In the absence of this clause, relations between the parties will be regulated in accordance with the norms of the Civil Code and the AIC, which state the obligation of the owner of the living space to temporarily register a tenant, provided that he has lived in the apartment for more than 90 days.
Is it easy to cancel later?
Temporary registration terminates automatically upon expiration of the period and does not require additional actions from either the tenant or the apartment owner.
To terminate it ahead of schedule, the owner of the residential premises must personally or through the government services website submit an application for the tenant’s departure.
The deregistration period will be 3 working days.
Who can demand an extension and create problems?
The law allows the deadline to be extended for the following categories of citizens:
- pregnant women;
- disabled people;
- minors.
The nuance is that an employer with temporary registration can independently register his own minor children. If a parent's registration has expired and the child is still enrolled, the parent has the right to re-register. However, the owner can legally evict both the tenant and his children with the official termination of registration.
Advice : temporary registration should be issued for the shortest possible period, extending as necessary.
What guarantees does military registration at the place of residence provide?
Registration in a military unit of a serviceman and his family members provides the following guarantees:
- the possibility of living in residential premises under a social tenancy agreement during the entire period of service (in this case, the serviceman has obligations to maintain the residential premises in proper condition and pay for utilities);
- the opportunity for children to receive education in preschool and secondary educational institutions;
- the opportunity to receive free medical care in departmental treatment and preventive health care institutions.
Payment of state duty
Entering information about the fact of concluding an agreement and encumbering the premises by third parties requires payment of a fee (Tax Code of the Russian Federation, Art. 333.33, clause 1):
- for individuals – 2 thousand rubles;
- for legal entities – 22 thousand rubles.
If documents are submitted online through State Services, then you can pay the fee non-cash through the portal. When going through the procedure in person at Rosreestr, you will first need to pay a fee , and then submit an application and papers. Without a payment receipt, the agency employee will not accept documents.
We advise anyone who is planning to enter into a transaction such as a residential lease agreement to read other materials collected on our website:
- Peculiarities of concluding a lease agreement for private housing.
- Termination of the contract and drawing up an agreement.
- Competently drafting a rental agreement.
- Attachments to the rental agreement.
What does the law say?
Do I need to register the transaction? The obligation to register a residential rental agreement between individuals is specified in Art. 674 Civil Code of the Russian Federation.
The law says the following:
- the apartment rental agreement must be drawn up in writing (the form in which the document is drawn up and what documents are needed for its execution are discussed here);
- concluding a transaction for a period of more than 1 year entails the emergence of an encumbrance on the right to own real estate;
- an agreement drawn up for a period of more than a year, which entails a restriction of property rights, is subject to mandatory registration.
IMPORTANT : Thus, the rental agreement entered in the register of real estate transactions limits the owner’s rights to use housing, and, on the contrary, gives the tenant a number of rights.
Where to do it?
Registration is possible:
- directly to Rosreestr;
- through MFC.
You can also submit documents and applications online through the State Services portal. To do this, you will need to scan copies of documents in advance in order to send them via the Internet to the registration authority.
ATTENTION : The procedure takes 7 working days. The result of registration is the issuance to the applicant of an extract from the Unified State Register of Real Estate with a registration mark.
