Will the rent increase if a person is temporarily registered?

Sometimes relatives ask for temporary registration for themselves or friends. There can be a lot of reasons for this, from searching for a job to enrolling a child in an educational institution. The owner has a lot of questions that he must resolve before giving his consent. Nobody wants to incur additional expenses, and therefore one of these questions is: does temporary registration affect rent in 2021?

This article will tell you whether there will be an increase in utility bills after temporary registration and how you can influence their size.

Temporary registration, what it is, why and who needs it

Temporary registration does not affect the permanent registration that all citizens have in their passport. This type of registration is necessary for living in temporary housing. When renting an apartment, dorm or room where the person is actually located. It needs to be done by anyone who has not lived at their place of permanent registration for more than 90 calendar days. It takes 3 to 8 days to complete temporary registration. Moreover, it can be done not only in the housing stock, but also in a sanatorium, hotel, hostel or in the dormitory of an educational institution.

According to the legislation of the Russian Federation, only temporary registration provides a number of legal and social rights. For medical care, work, training in the region and accommodation in the specified housing. If there is no temporary registration, they may be denied medical services, not accept the child into school or kindergarten, be denied a loan, not hired, or evicted from the apartment. In addition, troubles can also affect the owner of the living space. If tenants without temporary registration stay in the housing for more than 3 months, the owner will be fined.

Russians can apply for temporary registration without involving the owner. All that is required from him is written consent for registration. But if the tenant is a foreigner, then the owner of the property will have to notify the territorial authority that deals with migration issues. And after this, the foreign citizen can be registered in the apartment for the duration of his stay. If you do not notify the Federal Migration Service, the owner will face a fine for an administrative offense.

Nuances that owners should know

A temporarily registered person can register her minor child in the living space without the permission of the owner. The statement in this case is very labor-intensive, and payments will be calculated regularly for the number of registered persons.

On the other hand, the owner does not have the right to refuse registration to a temporary resident, since living without registration is subject to a fine for both the owner of the premises and the person without registration. Therefore, you should carefully approach the issue of moving other people into your apartment.

What is the validity period of temporary registration?

The minimum period for which a tenant can be registered is 3 months. Maximum - 5 years. There is no indefinite temporary registration. As soon as the specified period ends, temporary registration is automatically canceled. Therefore, it must be renewed in a timely manner. This again requires the written consent of the property owner.

But if, for some reason, it is necessary to terminate the temporary registration of a tenant, then this can be done at any time. To do this, the owner draws up an application to the registration authority for early disposal or sends information through the State Services portal.

Within 3 working days from the date of the owner’s application, the tenant will be removed from the register. But if the tenant did not have an official lease agreement, which has expired, or he refuses to move out of the living space, then he can only be evicted through the court. If the contract with the tenant has been formally drawn up, then he is obliged to leave the owner’s apartment as soon as the lease agreement expires. A tenant with temporary registration does not receive any rights to the property, either as a whole or in any other share form. He receives the right only to residence.

The owner has the right to evict a tenant if:

• there was an external deterioration in the condition of the living space;
• there are no payments for utilities or rent payments, and this is stipulated in the terms of the lease agreement;
• The living space was subleased without prior approval from the owner.

To go to court, the owner will need to collect evidence. Without them, the case will not be considered.

In some cases, tenants may sue the owner who does not consent to temporary registration. Tenants will be able to do this if they have a long-term rental agreement. In a number of cases, the courts satisfy the claims of such tenants.

If there is a valid lease agreement and no violations on the part of the tenants, the property owner will not be able to simply kick them out of the occupied living space. In this case, it remains to wait for the completion of the temporary registration period, to which the owner’s consent was given.

Registration registration algorithm

The entire registration procedure is carried out at the nearest FMS office.

An alternative option is to contact the passport office, which is located at the location of the living space. Before performing an operation, an authorized person checks the grounds for starting the procedure.

Current documents:

• To confirm your identity, 2 passports are provided - from the owner and the person who is subject to registration;
• for proof of ownership, a document proving ownership is attached;
• to confirm the intention, submit a completed application from the owner (Form 6);
• To establish the absence of claims, a list of persons who agree with the registration of a new tenant is needed.

When studying the documents, the candidate for temporary registration must also have a residence permit. For persons under the age of majority, registration is permitted if they are accompanied by parents or guardians with legal status.

Fact. A frequent reason for refusal is the discrepancy between the number of prescribed areas and the required area per person (1 prescribed per 15 m2).

Application form form 6.

What you need to know about temporary registration, watch the video:

Legal eviction

In some situations, it is impossible to do without eviction of unscrupulous tenants. This is one of the risks that homeowners may face. According to Russian law, the tenant is obliged to vacate the living space if:

• the period for temporary registration of the tenant has been completed;
• housing is not used for its intended purpose, for example, illegal business is organized there;
• public order is regularly violated;
• tenants interfere with the normal life of neighbors;
• the rental period has expired or the contract has been terminated.

But there are cases when the owner has the right to evict without the presence of the tenant himself. This is possible if:

• the tenant is drafted into the army;
• the court made a decision on the forced eviction of the tenant;
• the employer is deprived of liberty by a court decision for any offense;
• a court decision was made that the temporary registration was made illegally.

However, the owner does not have the right to threaten residents with violence or remove their belongings from the house on his own initiative. Such actions may be considered illegal by the court and the owner will be punished.

Utilities concept

Making monthly payments for the consumption of utility services is the responsibility of every citizen. It is established at the legislative level. Payment for utilities contains several items. It is calculated in a certain way.

Heating calculation method: the area of ​​the home is multiplied by consumption standards and the tariff established by law for thermal energy.

Payments for electricity, cold and hot water, gas are calculated according to meter readings. In their absence, the number of persons registered in the premises is taken as a basis. Is temporary registration taken into account? Yes. Permanent residents and temporarily registered residents are considered.

Calculation method for water and electricity: the number of registered individuals is multiplied by the consumption standard and the tariff established for a specific resource.

Method of calculation for gas (indicators of all points are added, and the result is multiplied by the gas tariff):

• the living area is multiplied by the consumption standard;
• the number of registered citizens is multiplied by the gas standard established for cooking;
• the number of registered people is multiplied by the gas rate set for heating water.

When calculating payment for solid waste removal, the number of people living in the premises is also taken as a basis. Does temporary registration affect rent? Of course it does.

As the number of registered citizens increases, the total amount for utilities increases. In accordance with the regulations, the amount of payment is not affected by the fact for whom it is necessary to pay for utilities - for an adult or a child.

Registration of tenants' children without the owner's consent

If the owner has given permission for temporary registration to only one tenant, and he has minor children, then he will be able to register them without the separate consent of the apartment owner. But this should not scare the owner.

There is a lot of information on the Internet that it is impossible to evict a tenant with children. Because supposedly in this way minors are deprived of their “corner”. But this is not true. In any case, the child has a permanent registration, and a temporary one does not replace it. Therefore, no intimidation or exhortations in this regard have any legal basis.

In addition, judicial practice shows that judges side with the owner of the property, not temporary tenants. But in order to avoid such situations and litigation, it is better to look at the documents of the future tenant in advance and make sure that he does not have minor children. If a child is born during the rental period, the owner should monitor all stages of registering the baby and obtaining permanent registration in another place.

Receiving a subsidy

If the owner of the apartment belongs to the preferential category of citizens, or he has already received a subsidy to pay for utilities, then during the temporary registration of citizens this situation will not change.

The rule of re-issuing a subsidy every 6 months continues to apply.

If the owner has not applied for the benefit, then he can do so after registering the temporary resident.

A housing subsidy is issued provided that more than 20% (10% for Moscow) of wages is spent on rent.

You can also recognize yourself as a low-income family by providing evidence that your total income is less than the established minimum subsistence level, based on the number of family members.

The subsidy is valid provided that the beneficiary is registered and lives at the specified address.

If he is deregistered and registered elsewhere, the benefit will be “carried over” with him.

And persons temporarily residing in an apartment that is their property will have to pay the full amount.

Although the owner is not relieved of responsibility for making payments.

Why the owner may have problems

In case of administrative offenses, the tenant will be searched first of all at the last place of registration. This may cause inconvenience to the homeowner. In addition, if the tenant owes debts to creditors, and bailiffs are working against him, then part of the property owner’s property may also be seized.

If a criminal offense occurred in the apartment or was committed by a tenant, this can also become an additional problem for the owner. In some particularly difficult situations, he may even be accused of complicity or aiding a crime.

If the tenant flooded the neighbors, caused a fire, or caused damage to other residents of the house, then it will be difficult to prove his innocence to the owner. To avoid such situations, it is better not only to include a damage clause in the rental agreement, but also to insure the property, and include the insurance amount in the price.

Normative base

The rent is calculated in accordance with the requirements of the legislation of the Russian Federation, which are regulated by the Housing Code.

Housing code items that are taken into account when calculating utilities:

The list of mandatory services, which are prescribed in Article 153, includes water supply and sanitation, gas, electricity, solid waste removal, heating, and housing services.

If the premises do not have a counter for one of the types of payment, then the calculation procedure occurs in accordance with paragraph 19 of Resolution No. 307, which was issued on May 23, 2006.

If there is a person with temporary registration in the apartment, then the days spent by him are included in the calculation of the rent.

Temporary registration in a hostel for citizens of the Russian Federation cannot last longer than three years, for foreigners - no more than a year. What documents to change when changing your place of registration - read in more detail here.

Additional costs for the owner

The homeowner must take into account that if tenants pay rent, he must pay taxes. In addition, there will be additional costs when paying for utilities.

Taxes

The income that the owner receives for renting housing is included in the list of taxable profits. Rental fees must be reported on your tax return. Not all owners draw up rental contracts with tenants and do not provide them with temporary registration. Others try to protect themselves and do temporary registration, but do not sign a lease agreement. In this case, the tax authorities may have a question for the owner: why is there registration, but no income.

Tax authorities may request data from Rosreestr, but such information is not tracked everywhere. There are no widespread inspections of apartments where temporary tenants are registered, but the homeowners do not pay income taxes.

Housing and communal services expenses

The number of registered people will affect those utility bills that are not accounted for by meters. In some cases, these include rent, elevators, garbage collection, and other code-related services. In other regions, these payments do not depend on the number of residents; they are paid at a fixed rate. Then the number of registered persons will not affect the payment amounts.

The number of registered people can affect payments for electricity, water, gas, and heat if the house does not have individual metering devices. In this case, the number of registered persons directly affects the final amount of payments. And it doesn’t matter whether the tenant has a permanent residence permit or a temporary one.

Procedure for calculating rent

Temporary registration and utility bills are definitely related.

In general, housing and communal services can be paid according to a standard, tariff, or based on the area of ​​the apartment, and more often they are calculated based on a combination of several parameters. The total payment will depend on five factors:

• apartment area;
• tariffs;
• presence or absence of meters;
• number of registered citizens;
• the presence or absence of any benefits.

Accordingly, the increase due to the fact that a tenant has been added to the apartment will primarily affect payments, in the calculations of which the number of residents is important. And those registered temporarily are considered here in the same way as those living in an apartment with permanent registration, since at the calculated time they are also in it and using the services provided.

Thus, if there are meters, almost all basic utility bills do not increase automatically due to the fact that a temporary registration has been issued for another person in the apartment, but increase only due to increased consumption, that is, they are indirectly affected.

Penalty for failure to register

If tenants live without permanent or temporary registration, then this is recognized as an administrative offense. The tenant will be fined 3-5 thousand rubles for Moscow and St. Petersburg, and 2-3 thousand rubles for other regions.

But, if a tenant lives in the apartment and has permanent registration in the same city or federal subject, then there will be no fine. In federal cities, fines will not be imposed for tenants without temporary registration if they are registered in the region. This applies to Moscow, St. Petersburg and Sevastopol. Tenants with permanent registration in the Moscow, Leningrad region and the Republic of Crimea, respectively, can live in owner apartments without temporary registration.

In addition, neither the owner nor the tenants are fined for living in the apartment of relatives who have not been temporarily registered.

For violation of the law, not only the tenant, but also the owner of the living space can be fined. If the owner is an individual, then the amount of the fine for residents living in his apartment without temporary registration. From 2 to 5 thousand rubles for apartment owners throughout Russia and 5-7 thousand for Moscow and St. Petersburg. For legal entities, the amounts are even higher: from 250 thousand to 750 thousand rubles in Russia and 300-800 thousand for home owners in the two capitals.

Registration of a minor

A child, regardless of age, is a citizen.

To register you will need the following documents:

• passport of one of the parents;
• birth certificate.

Expert opinion

Klimov Yaroslav

More than 12 years in real estate, higher legal education (Russian Academy of Justice)

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There is no need to pay state fees for children.

Advice! Temporary registration is necessary to exercise rights and access to social guarantees.

Registration of minors allows:

• enroll in a kindergarten, school, clinic;
• apply for benefits, maternity capital.

How to avoid trouble as an owner

The owner of the property will not be able to fully insure against all risks associated with tenants. But if you take a few steps, you can reduce the risk of adverse effects:

1. Provide temporary registration to tenants for a minimum period. To know for sure that the tenant will not abuse the issued permit, monitor the registration process at the MFC or the Main Department of Migration of the Ministry of Internal Affairs.
2. Draw up an agreement, even if you are giving out an apartment for free use. In the text, indicate, at a minimum, liability for damage to property or damage to neighbors. Also enter information about the order in which utility bills will be paid. In addition, write down the number of residents who will receive the right to live in the apartment and their details.
3. Insure your property against damage with an insurance company.
4. Carefully study the documents of future residents. If possible, make inquiries about him, collect all available information. Check to see if the person has any debts or is hiding from the law.

Checking debts in Non-Departure

Only a balanced approach to the issue will minimize the risks of registering unauthorized persons in your home.

about the author

Klavdiya Treskova - higher education with qualification “Economist”, with specializations “Economics and Management” and “Computer Technologies” at PSU. She worked in a bank in positions from operator to acting. Head of the Department for servicing private and corporate clients. Every year she successfully passed certifications, education and training in banking services. Total work experience in the bank is more than 15 years. [email protected]

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Recalculation

If a person does not live in an apartment for a certain time, this cannot be considered a reason why a person has the right not to pay for utilities.

In case of temporary absence, you can recalculate for certain utilities, the calculation of which is carried out according to consumption standards.

In order not to pay for utilities for an apartment in which a person permanently resides, and to qualify for recalculation, it is necessary to submit documents confirming the reason for absence.

Here you can apply for recalculation of utility bills.

During this period, recalculation can be carried out if payment for utilities is carried out not according to metering devices, but according to service consumption standards.

Comments: 63

Your comment (question) If you have questions about this article, you can tell us. Our team consists of only experienced experts and specialists with specialized education. We will try to help you in this topic:

Author of the article: Klavdiya Treskova

Consultant, author Popovich Anna

Financial author Olga Pikhotskaya

1. Vladimir
   10/11/2021 at 19:06 I am the owner of half the apartment. Can I make a temporary registration on my half without the participation of the second owner?
   Reply ↓ Anna Popovich
   10/11/2021 at 19:50

   Dear Vladimir, when registering at the place of residence of persons who are not the owners of residential premises, the will of all co-owners of the residential premises is required, that is, their written consent to register a citizen.

   Reply ↓

How can you reduce spending?

The legislation provides for the opportunity for the owner or tenant to reduce the cost of utility bills. This can be done by recalculation or by receiving subsidies. Each option can be used depending on the nature of the circumstances.

When is recalculation possible and how to get it?

If there is temporary registration, a person is obliged to pay for utilities, but you can change the amount of expenses by recalculating . If measuring instruments are not installed in the premises, the cost will be reduced in proportion to the period of temporary registration.

Recalculation is also possible if the owner or tenant does not agree with the payment calculations and can confirm the unfoundedness of the charges by submitting a previously submitted application for a reduction in rent at the place of permanent residence, due to temporary absence.

To revise the cost, you must contact the management company with an application. If, as a result of the audit, the fact of overpayment is established, the funds will be taken into account in the next reporting month.

Who is entitled to subsidies?

A subsidy for utility bills is a way of financially supporting low-income citizens. It is allocated from local budget funds. The payment procedure is regulated by the rules of Article 159 of the Housing Code of the Russian Federation. At the same time, certain circumstances limit this right. These include:

• high income;
• existence of arrears in payment of utility services.

Owners, tenants and residents of municipal premises have the right to receive a subsidy. The type of registration in this case does not matter. That is, you can apply for a subsidy even in case of temporary registration. We described in more detail the procedure for obtaining temporary registration in a municipal apartment separately.

Assistance will be provided if more than twenty-two percent of monthly income is spent on utility bills.

In some regions this norm has been reduced. For example, for Moscow this volume is ten percent.

When deciding whether to pay a subsidy, the following are taken into account:

1. wage;
2. social benefits;
3. alimony payments;
4. funds received by inheritance;
5. profit received as a result of transactions;
6. interest on deposits;
7. profit from farming and gardening.

The calculation takes into account the total area of ​​the room, the number of registered, and the volume of energy consumption.

In order to receive a subsidy, you must contact the social security authorities at your place of residence. For this you need:

• passport;
• income certificate;
• utility bills.

You can contact us in person or through the multifunctional center.

The subsidy is paid within six months after its assignment. Funds are transferred to the bank account of the interested person.

The temporary registration procedure has a number of features. How to temporarily register a minor child, how to check the authenticity or cancel registration at the place of stay, as well as the risks, pros and cons of temporary registration for the owner and tenant of housing, what is the responsibility for the lack of temporary registration and other violations - are described in our separate publications.

The very fact of temporary registration certainly affects the amount of utility bills. The determining factor is the number of residents. Even with meters, energy costs will increase. You can reduce the amount of payments by recalculating if the amount was incorrect, or by compensating for expenses through a subsidy.

Agreement

When concluding an agreement, the parties must provide for and discuss the following points:

• for what period is temporary registration issued?
• is it possible at all;
• what conditions are put forward by the apartment owner;
• what is the payment amount;
• payment order;
• Will it be possible to extend the temporary registration?

The agreement is a guarantee of the fulfillment of the obligations of each party and also has legal force. This document must be drawn up in accordance with the legislation of the Russian Federation and must not contradict or violate laws, regulations, and must also have legal force.

Controversial situations

Disputes that arise often have to be resolved in court. The owner may, at his own discretion, register or discharge tenants. If the registration period has not expired, then eviction is possible based on a court decision.

After all, problems may subsequently arise with:

• refusal of voluntary eviction;
• antisocial behavior of tenants;
• refusal to pay utility bills;
• illegal extension of registration.

Recent problems often involve filing documents by mail or electronically. Then the owner does not have to be present during the procedure.