How to check out of an apartment to nowhere of your own free will

Life and legal realities are often perplexing, and the question of whether it is possible to check out of an apartment to nowhere is a common one, pragmatic, but it causes fear and puts people in an unusual position.

What to do when there is no registration and no roof over your head.

This saves some, while it creates problems for others.

Meanwhile, discharge is always discharge to nowhere: time passes before registration.

Ideally, it is better to move to a new place of residence and initiate the registration/discharge procedure through the local registration authorities. It's more practical and calmer.

Is it possible to be discharged to nowhere?

So, the previously mentioned Government Resolution states that an extract can only be made if there is one of the following grounds:

• application for a new address;
• petition for deregistration.

The second reason fully answers the question of whether it is possible to be discharged to nowhere, because the law does not oblige you to indicate a new address - the column can be left blank.

Is it possible to forcibly discharge a person somewhere? The answer is also clear: both the owner and the court have this right.

Preparing an application

Applications on form No. 6 free in word format

You can fill out the application directly at the passport office or multifunctional center. There you will be given a form and a sample of how to fill it out. You can also do everything at home so that you can come with a completed application.

Mandatory information that must be included in the document:

• the name of the unit in the territory that will handle the deregistration,
• personal data – full name, passport data (series, number and date of issue),
• the address of the last registration from which the extract is made,
• new place of residence (if available),
• date, personal signature of the applicant.

Please note! There should not be a requirement to indicate a new address and reasons for discharge.

The legislative framework

Issues regarding change of registration and eviction from housing are regulated by the following regulations.

1. Resolution No. 713 of July 17, 1995 is a key law that describes the conditions for the movement of citizens within the country.
2. Law of the Russian Federation dated June 25, 1993 No. 5242-1 states that the lack of registration does not become a basis for restricting the legal rights of citizens.
3. Article 20 of the Civil Code of the Russian Federation defines the concept of “place of residence”.

Any deregistration and registration actions must be carried out in compliance with the norms established by law.

Comments: 53

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 Irina Rusanova

Consultant, author Popovich Anna

Financial author Olga Pikhotskaya

1. Novel
   10/12/2021 at 03:23 pm Hello. Lived with my wife for 2 years. Divorced. Then we got together and purchased a private house with a mortgage; I was the only owner and borrower. A year later I registered my wife and child. They separated and came back together several more times. Two years ago we separated completely. A child with a disability. She refuses to be deregistered. Not a word about the child, let him be registered with me. She lives in a civil marriage with someone else. I have a different family. How can I write it out???
   Reply ↓ Anna Popovich
   10/13/2021 at 02:08

   Dear Roman, you need to apply to the court at your place of residence with a statement of claim “to recognize a former family member as having lost the right to use the residential premises.”

   Reply ↓

Check out from the apartment

You can refuse to provide information about a new residential address only when the extract was made for the following reasons:

• real estate confiscated;
• the owner sells the premises where strangers were registered;
• proceeds from the sale will be spent on shared construction;
• upon emigration.

It is necessary to take into account that being discharged from an apartment to nowhere leads to deprivation of the following set of opportunities:

• official employment;
• obtaining a passport, pension certificate, etc.;
• registration of social payments and benefits;
• registration with the Employment Center.

The state obliges citizens to register within 10 days after deregistration. Failure to comply with the condition will result in penalties.

If you have nowhere to register

The only option for a citizen who does not have options for registration is temporary registration at the place of residence.

Fines and consequences

Despite the fact that the registration of citizens in Russia is of a notification nature, the absence of a stamp in the passport indicating registration at the place of residence has a very negative impact on almost all areas of life, for example, without registration a person will not be able to:

• get an official job;
• replace your passport and other expired documents;
• apply for a pension and other social benefits;
• seek free medical care.

In addition, long-term residence without registration is an administrative offense, for which, according to Article 19.15.1. Code of Administrative Offenses of the Russian Federation, violators face a fine:

1. For an individual who has not registered within a week after being discharged from a new place of residence: from 2 to 3 thousand rubles (residents of all regions of Russia except federal cities)
2. The same violation, but committed on the territory of Moscow or St. Petersburg, is punishable by a fine of 3 to 5 thousand rubles.

To avoid a fine, a person who has been discharged “to nowhere” must register at his new place of residence within a week. If at the moment you are unable to find an apartment for permanent residence, you can apply for temporary registration.

You can read more about the time frame within which you must report your place of residence to government agencies in this article.

Procedure for discharge to nowhere

To carry out the procedure, you must perform several sequential steps.

1. Appear at the Main Migration Department of the Ministry of Internal Affairs and fill out an application.
2. Wait until the migration service officer checks and accepts the documents, and also sets a day for making the final decision.
3. At the appointed time, come to the department for your passport and departure certificate. In case of refusal, employees are required to identify the reasons and advise ways to solve the problem.

Let's take a closer look at how to write out of nowhere in various situations.

From a privatized apartment

The owner of a privatized apartment has the right to register and discharge citizens in his own living space at his own request.

The legislation imposes only some restrictions. Thus, the following cannot be arbitrarily discharged from a privatized apartment:

• close relative of the owner;
• minor;
• a person who has formalized the refusal of the share of the apartment during the privatization procedure, but has not lost the rights to use the premises.

Categories not included in this list can be written out by the owner at any time.

From a council apartment

In the case of municipal housing, the situation is somewhat different. Extract can only be carried out with the permission of the owner, who is the administration. Any citizen who has a permanent residence permit in a municipal apartment must be included in the social tenancy agreement.

Such a document can be terminated in two situations:

• by voluntary consent;
• through the court.

If a citizen does not want to leave the apartment, the issue will have to be resolved through the court. The basis for a positive ruling may be a threat to other residents or another compelling reason.

If you only have temporary registration, the municipality can cancel the social tenancy agreement at any time.

Minor

The interests of minors are protected by the state. To the question of whether it is possible to discharge a child to nowhere, the legislation answers in the negative.

According to the law, such a procedure will be legal only when the parent also decides to leave the apartment with the child and go nowhere.

There are some exceptions to the rules. So, you can discharge a child if:

• in fact, he does not live at his place of registration (established by Article 20 of the Civil Code of the Russian Federation);
• mother and father are divorced, while the child is registered with one party and lives with the other;
• parents are deprived of parental rights.

The discharge of a minor must be treated with special attention.

When selling an apartment

When selling an apartment, a statement to nowhere is accompanied by a corresponding statement, which must be handed over to the passport office employee. It indicates the new address. A prepared package of documents is submitted together with the application.

As in all other cases, an extract from an apartment when selling an apartment is accompanied by the issuance of a departure certificate. The document must be saved - it will be needed in the future.

If the person signing out is not the owner

A citizen who is registered in someone else’s housing has the right to be discharged from it only after paying all debts. Otherwise, the owner reserves the right to recover funds through the court.

By proxy

To carry out an extract using this method you must:

• obtain permission to issue a power of attorney;
• sign the document and have it certified by a notary;
• send the citizen’s passport to an authorized person.

Having received the documents, the authorized person goes to the Main Department of Migration of the Ministry of Internal Affairs and carries out the discharge procedure.

Without agreement

Can they be discharged from an apartment to nowhere without the citizen’s consent? They can, but only if the fact of fictitious registration is discovered. There is another way - providing notice one month before the planned discharge procedure.

Through the court

The answer to the question whether the court can discharge a person to nowhere is clear - it can. Extract using this method is carried out in situations where the owner provides housing to another citizen. According to the law, he is free to terminate such a relationship at any time.

Discharge through the court in the presence of a social tenancy agreement is carried out when a citizen has debts or has left housing for a long period of time.

If there is a minor child

When an adult is discharged, there are usually no difficulties. But it’s a completely different matter when the issue concerns a minor child.

Discharging a child somewhere is prohibited at the federal legislative level. Parents must definitely find another place of residence for the child. Otherwise, the extract will be denied.

The only exceptions may be the following situations:

1. The actual residence of the child in another apartment. Quite often, children are registered in one place, although in fact they live in another. In this case, the owner has the right to discharge the child with subsequent registration at the main place of residence.
2. Divorce. The situation is similar. In this case, for example, the child is registered with his father, but in fact lives with his mother. The parent with whom the minor remains after the divorce writes him out to a new address.
3. Deprivation of parental rights. If all family ties with the child are terminated, this is also grounds for deregistration.

However, even in these cases, discharge is not always possible. When a child is deregistered, guardianship and trusteeship authorities are often involved.

Where to go

There are several ways to check out of an apartment to nowhere:

• visiting the department of the Main Department of Migration Affairs of the Ministry of Internal Affairs;
• by registering through the State Services portal;
• appearing at the MFC.

The option with the Main Department of Internal Affairs of the Ministry of Internal Affairs was considered earlier, so we will pay attention to the remaining two.

Through State Services

To issue an extract through State Services, you need to carry out a number of actions.

1. Go through the standard registration procedure, provide your email address and wait for the data to be confirmed.
2. Open the “section” and click on “GUVM MIA”, click on “Registration of citizens”.
3. Find the one you need, confirm your agreement with the terms of provision.
4. Fill in all personal data and real estate information.
5. Submit your application for consideration.

Within 3 days, the citizen will receive a notification that he needs to appear at the Main Migration Department of the Ministry of Internal Affairs.

At the MFC

You can also register for deregistration at the Multifunctional Center. To check out of an apartment through the MFC, you need to provide:

• passport;
• certificate of no debt;
• statement.

An MFC employee will advise the citizen and indicate what documents need to be added. All procedures will be carried out at the MFC - you will not have to visit the Main Migration Department of the Ministry of Internal Affairs.

What to do if you have nowhere to register

What to do if there is no place to register after discharge? This situation is possible. There are no friends and acquaintances, relatives and friends at the new place of stay, and I had to leave my previous place of residence recklessly or forcedly, having completed all the documents through the UVM. The first option is to obtain permission to register from the owner of the rental housing or from the employer in his hostel.

• hotel;
• sanatorium or holiday home;
• dormitory;
• social institutions: shelters, boarding houses and boarding schools for disabled and elderly people.

You can contact your local social security office for help. You need to explain the current situation and write a statement. Employees of the institution will help with registration space.

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Responsibility for lack of registration

Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation states that staying on the territory of the Russian Federation without officially registered registration is an administrative offense. Responsibility for failure to register is expressed in the form of a fine. The specific amount depends on the city in which the offender lives:

• 2-3 thousand rubles in small towns;
• 3-5 thousand rubles for large cities.

In addition to fines, the court may impose a number of restrictions, which were mentioned earlier.

Step-by-step instruction

Let's start with the fact that we will consider applying to the courts, since this procedure is the most complex and requires much more attention and time.

1. First of all, you need to draw up a statement of claim according to a clearly established template. Next, collect a package of documents, which will include papers such as a passport, a receipt for payment of state duty and others.
2. Then you need to carry out actions that will be considered the transfer of a package of documents to the court office. After this, you can calculate the period of one month, which is necessary in order to prepare the application for filing, and also for the court to be able to respond to your request. If a court hearing is scheduled, prepare for it properly. For example, you must analyze witness testimony, as well as other evidence that became the reason for being discharged to nowhere.
3. But your actions don't end there. Depending on what decision the court makes, you may receive full satisfaction of your demands, or, on the contrary, you will be unhappy with their non-fulfillment. If you register a person voluntarily, then the procedure is noticeably simplified. You need to create a clearly defined package of documents.
4. Next, you must agree with the person registered on when you will appear together at the passport office. The person submits documents and leaves his/her identification document at the passport office. It is from there that information about your former place of registration will be removed. You will be given a certificate that indicates what documents you gave to the passport office employee, as well as when exactly you can come and get your documents back. Of course, an extract with the participation of the passport office employees, as well as with mutual consent to this procedure, is much easier and more easily feasible.

Results

1. The legislation of the Russian Federation provides for the possibility of being discharged to nowhere. This right belongs to the citizen himself, the homeowner and the court.
2. Lack of registration limits a citizen's access to a number of opportunities.
3. You can submit documents at the Main Department of Migration Department of the Ministry of Internal Affairs, at the MFC or on the State Services website.
4. A minor can be discharged to nowhere only if there are grounds specified by law.
5. The absence of both permanent and temporary registration is a violation of the norms of the Code of Administrative Offenses of the Russian Federation.

All issues discussed in the article are strictly regulated by current legislation.

FAQ

I am the owner of the premises. Can I register my ex-wife through State Services?

No, to discharge a former family member you must go to court; an out-of-court procedure involving filing an online application is not possible. In general, the court will side with you unless there are other aggravating circumstances.

Can I discharge my child through State Services?

Yes, the portal has such an opportunity. But keep in mind that a child under 14 years of age must in any case be registered with one of the parents. You can’t write him out anywhere.

I am 16 years old, can I apply for an extract through State Services?

Yes, at the very beginning of the online application you need to select the option “I am applying for myself, I am under 18 years old.” Applications are accepted from citizens 14-18 years old, but you will need to provide the details of a legal representative, and a minor can submit an application only from his account confirmed on State Services.

How quickly will the statement be issued?

The term for providing the service is 3 working days.

Can I be denied an extract?

No. If you are a legally capable adult citizen of the Russian Federation, you have the right to deregister at your own discretion. In this case, it is not necessary to register somewhere, but if you do not have a temporary or permanent registration for a long time, you may be fined.

Sources:

1. Public services: Removal of a citizen from registration at the place of residence.

about the author

Irina Rusanova - higher education at the International East European University in the direction of "Banking". Graduated with honors from the Russian Economic Institute named after G.V. Plekhanov with a major in Finance and Credit. Ten years of experience in leading Russian banks: Alfa-Bank, Renaissance Credit, Home Credit Bank, Delta Credit, ATB, Svyaznoy (closed). He is an analyst and expert of the Brobank service on banking and financial stability. [email protected]

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Who can be discharged without a new place of registration?

The owner of a private home has the right to order in court:

1. any non-owner occupants with whom it has no burdensome relationship;
2. the ex-spouse and her relatives, if the housing was not purchased during marriage and belongs to the other spouse;
3. tenants, including relatives, who violate housing code norms for using the apartment and paying bills.

IMPORTANT: the state does not have the right to evict “to nowhere” citizens who are removed from the registry. accounting in your home during the resettlement of emergency or dilapidated housing, real estate alienated in favor of the state. organs.

Registered in the municipality the person’s housing, as well as the responsible tenant, can write out:

• troublemakers and defaulters;
• persons who do not actually live in the apartment for a long period and do not fulfill obligations under the social contract. hiring;
• persons who are registered, but in fact never lived in the apartment and did not enter into use rights.

The state can evict violators and defaulters.