Let’s find out whether it’s possible to check out of an apartment while in another city?

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Changing your place of residence always entails a number of bureaucratic delays, one of which is the registration of a new registration. Often people are registered in one place, but actually live in another. But as soon as they need to contact any government agency (for example, write a statement to the court or the police, undergo a medical examination or medical examination), the issue of registration becomes acute.

In order to register in a new locality, it is necessary to cancel the old registration record. In this article we will tell you whether the law provides for the possibility of remote discharge, where you should go to receive this service, and how long the process will take.

Deregistration

The procedure for deregistering citizens is determined and.

It depends on many factors, including:

• type of citizen registration - temporary or permanent;
• territorial location;
• the need for subsequent registration or its absence.

The status of housing (municipal or private) does not matter.

When registering temporarily at the place of stay/residence, a citizen is not even required to submit an application - the registration is canceled automatically after the expiration date.

To deregister at your permanent place of residence, you need to complete some documents.

Read more about the legal aspects of how to leave a residential premises.

Legal assistance

At first glance, the apparent simplicity of remote discharge has many risks. Being in another city creates obstacles to visiting the migration authority. The second common mistake is incorrectly filling out the application for discharge. Errors in personal data lead to refusal by registrars. Finally, there is a high risk of encountering inaction by police department employees.

A free consultation with our portal’s lawyers will help you register without any problems.
Legal support is designed to fill gaps in the knowledge of the average person. Our lawyers will tell you how best to get discharged in your case: through State Services or automatically with registration? We will develop for you financially beneficial and simple instructions for discharge through a representative. Contact us, our portal’s lawyers are ready to work! Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
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Author of the article

Maxim Privalov

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

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Methods for remote checkout from an apartment

Deregistration usually occurs at the initiative of the resident, and the reasons for this can be very different:

• sale,
• donation,
• inheritance,
• moving,
• forced eviction.

If personal presence is excluded, owners and tenants are interested in the question of whether it is possible to check out while in another city. There are several legal ways to remotely deregister:

• extract from the apartment through the State Services Internet portal;
• deregistration by notarized power of attorney through a representative;
• by a court decision in the event of a controversial or problematic situation with the employer;
• automatically check out in absentia upon request for deregistration from the apartment after registering at a new location;
• extract from the apartment of a person located abroad through certification of documents at the Russian Consulate.

We invite you to familiarize yourself with each option in detail and choose the most suitable one for your specific life situation.

Automatic deregistration

The law obliges a citizen who has changed his place of residence to register at a new address within 7 days. In this case, a change of residence address is made on the basis of a citizen’s application for registration. This allows you to be discharged without coming to your place of registration.

The registration authority sends information to the previous place of residence within 3 days to remove the resident from the register. This method has several advantages:

• personal presence is not required upon discharge;
• the stamp in the passport regarding the extract is affixed by the authority performing the registration;
• you do not need to involve an intermediary with a power of attorney to register while in another region.

To register deregistration, you only need to contact the appropriate unit of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs of Russia, the details of which can be found at and submit an application for registration at your place of residence.

You should have with you:

1. Confirmation of the right to reside at the new registration address: rental agreement, certificate of ownership or consent of the owner.
2. Passport.

Several application forms have been developed for the registration procedure. When it is necessary to leave one city and register in another, form No. 6 is filled out. This application contains a part that contains a request for deregistration, which allows you to simultaneously resolve the issue with the previous registration.

All application forms have been approved.

In addition to contacting the departments of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs of the Russian Federation, a citizen can submit documents for registration and automatic deregistration to the territorial offices of the Multifunctional Center for the Provision of State and Municipal Services.

Deregistration by proxy

In case of illness, long business trip, or residence in another country, a citizen can issue a notarized power of attorney indicating the limits of the powers of another person, in accordance with Art. 185. In this case, the attorney has the right to provide documents for deregistration of the citizen who issued the power of attorney.

Employees of the Main Department of Migration of the Ministry of Internal Affairs of the Russian Federation can check the validity of this document using.

If a citizen doubts the integrity of the attorney, before checking out of the apartment remotely, he has the right to cancel his decision by contacting any notary to enter information into the Register of Canceled Powers of Attorney of the notary information system.

A power of attorney can be issued in 2 types:

• regular,
• general

If the intermediary is only authorized to remove a citizen from registration, the usual form is sufficient.

Learn more about how to issue a power of attorney for eviction from an apartment.

Remote statement through the State Services portal

To reduce the number of trips to the passport office or MFC, you can submit an application through the website. After logging into the portal, you need to select an item that offers receiving services electronically.

By filling out and sending the application form, the applicant will be able to leave another city without having to travel there. After this, all that remains is to wait for the notification by SMS or e-mail, and at the appointed time appear at the department of the Main Department of Migration Affairs of the Ministry of Internal Affairs to have your passport stamped.

Extract at the old address is carried out in accordance with electronic document management, which significantly reduces the waiting time.

How to issue an extract while in another country?

The process of deregistering a person who is currently in another country from his old place of residence is somewhat more complicated than deregistering a citizen living in a neighboring city. To perform this action you will need to do the following:

1. Contact the Russian Embassy , ​​which is located in the country where you live. You must have with you a passport of a citizen of the Russian Federation and a photocopy of an identity document of a trusted person - a friend or relative who will deal with the issue of deregistration.
2. Write an application to the notary at the embassy with a request for an extract. Notarize the document. You should also issue a power of attorney to carry out deregistration by your representative.
3. Send to a trusted person by registered mail , for example, via international mail, the original power of attorney certified by a notary, the certified original application, a photocopy of your passport and a photocopy of your visa.
4. The representative applies to the OUFMS with these documents . This citizen is also required to have a passport with him.

After this, the employees of the institution, provided that all documents are prepared accordingly, must discharge the person from the apartment within 1-2 months.

Forced discharge without going to court

Remotely evicting a person from an apartment without his or her consent is not easy. According to paragraph 1 of Art. 35, a citizen can be evicted only on the basis of a court decision.

Only the owner of the apartment or the landlord has the right to apply for forced eviction. When considering such disputes, the following factors may be a prerequisite for making a decision on termination of the right to use residential premises and deregistration:

Privatized apartment:

• change of owner of housing during purchase and sale, donation, inheritance;
• change of owner of housing during purchase and sale, donation, inheritance;

Municipal or state apartment (Article 83 of the Housing Code of the Russian Federation):

• absence from the place of registration for more than 6 months;
• use of the apartment for other purposes;
• non-compliance with sanitary and hygienic standards;
• destruction of housing;
• hooliganism, violation of the rights of neighbors;
• failure to pay utility bills for more than 6 months;
• illegal registration.

The owner of the property can only check out on his own initiative - forced check out is not possible in this case.

Receiving a court decision on the loss of the right to use an apartment allows bona fide owners or tenants to remotely deregister citizens whose actions violate their legal rights.

The law provides for cases when it is impossible to forcibly deregister a citizen even through the courts. These include:

• absence from the place of registration for a valid reason: military service, undergoing treatment, serving a sentence in prison;
• the condition of lifelong residence in the apartment, stipulated in the marriage contract between the spouses;
• minor age. Discharge is possible only with the consent of the guardianship and trusteeship authorities;
• joint ownership of housing or contributing part of the share for a cooperative apartment.

If a person does not belong to any of the above categories, you can safely file a claim in court.

Before you start collecting documents, you should try to resolve the conflict peacefully in a pre-trial manner, justifying to your opponent the inevitability of the future loss of the right to use housing and listing the consequences of a court decision.

If you cannot do without forced deportation, find out in more detail how to deregister a person from an apartment.

Comments

Taisya

Good afternoon The daughter works in Moscow, permanent residence in St. Petersburg. The apartment in St. Petersburg is for sale, you need to leave there and register in Voronezh, where your daughter has a 1/4 share of ownership in the apartment. What should you do to avoid traveling to St. Petersburg and Voronezh? There is no way to take time off from work. What documents, besides a passport and power of attorney, should be sent to a trusted person, for example, a father? Which power of attorney is best to issue? Is registration in St. Petersburg automatically cancelled?

Answer

Deregistrations from abroad

Existing regulations do not give the Ministry of Foreign Affairs and consular offices of the Russian Federation the authority to expel citizens who are abroad from their apartments. Therefore, those who left Russia without being deregistered must submit an application in any form indicating the address of departure to the territorial bodies of the Main Migration Directorate of the Ministry of Internal Affairs of the Russian Federation (clause 55 of Order of the Ministry of Internal Affairs of the Russian Federation dated December 31, 2017 No. 984).

This can be done remotely by certifying the authenticity of the signature at the consulate.

For participating countries, the authenticity of the signature is certified by affixing the Apostille stamp and preparing a notarized translation of the certification inscription of this stamp.

Thus, in order to check out of an apartment while in another country, you need to independently send a certified application for deregistration at your place of residence to the passport office.