State duty paid when filing claims in housing disputes

Citizens living on the territory of the Russian Federation are required to have registration at their place of residence or place of stay. This is required by law.

In Russia, there are two types of registration: at the place of residence - permanent and at the place of stay - temporary, issued for a certain period.

When moving to a new permanent place of residence, citizens must deregister at the old address - in simple terms, sign out and register in a new place. The registration procedure is simple and free of charge. There are two options for deregistration, the nuances of which will be discussed later in this article.

State duty for recognition of ownership of residential premises (apartment):

• up to 20,000 rubles - 4 percent of the claim price, but not less than 400 rubles;
• from 20,001 rubles to 100,000 rubles - 800 rubles plus 3 percent of the amount exceeding 20,000 rubles;
• from 100,001 rubles to 200,000 rubles - 3,200 rubles plus 2 percent of the amount exceeding 100,000 rubles;
• from 200,001 rubles to 1,000,000 rubles - 5,200 rubles plus 1 percent of the amount exceeding 200,000 rubles;
• over 1,000,000 rubles - 13,200 rubles plus 0.5 percent of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles.

Rationale:

The requirement for recognition of property rights is of a property nature, is subject to assessment and is subject to state duty in accordance with paragraph 1 of Part 1 of Art. 333.19 Tax Code of the Russian Federation.

Deregistration through the Federal Migration Service

If there are no objections from citizens who want to be deregistered, then they can apply jointly (the owner and the registered person) to the Federal Migration Service - and they will deregister without any problems.

There are certain categories of citizens whom the owner can deregister without even receiving an application from them. These include citizens in places of deprivation of liberty (prisons, correctional colonies). To resolve the issue, the owner only needs to bring to the Federal Migration Service a copy of the court verdict convicting the citizen to imprisonment.

The procedure for deregistration is regulated by Decree of the Government of the Russian Federation dated July 17, 1995 No. 713 “On approval of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation and the list of persons responsible for reception and transfer to the registration authorities of documents for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation,” as well as the administrative regulations of the Ministry of Internal Affairs on this issue.

You can sign up for this procedure through the MFC or the government services website.

Important:

• If the filed claim contains claims of both a property and non-property nature, then the state duty established for claims of both a property and non-property nature is subject to payment in the manner and amount established by Art. 333.19 Tax Code of the Russian Federation.
• If the filed claim contains several claims of a non-property nature, then each additional claim is subject to payment in the amount and manner established by Art. 333.19 Tax Code of the Russian Federation.
• For claims of a property nature, the state duty must be calculated based on the price of the claim, that is, the value of the share of property claimed by one of the parties.
• Persons named in Art. Art. are exempt from paying state duty. 333.35, 333.36 Tax Code of the Russian Federation.

We remind you that the information provided is for informational purposes only and does not constitute legal advice or an opinion, since any application of the law requires careful and detailed study.

If you have any questions, please contact us by phone +7 , email address [email protected] or using the feedback form below.

Sincerely, legal.

Who can contact us regarding deregistration

The right to deregister belongs exclusively to the owner of the residential premises. This can be either a citizen or a legal entity. For example, local administration.

To go to court, it does not matter how long the property has been owned - this right can also be exercised by a newly-minted owner who has just purchased an apartment or house.

Subjects who own housing on a different basis also have this right (under a social or specialized tenancy agreement, tenants under tenancy agreements).

Governing Laws and Regulations

• Article number 31 of the Housing Code of the Russian Federation - defines registration issues related to divorce;
• Article No. 91 of the Housing Code regulates issues of damage or misuse in relation to the municipality. property;
• Article No. 71 of the Housing Code of the Russian Federation determines the absence of grounds for eviction in case of temporary absence; Article No. of the same code determines the existence of the possibility of forcibly exchanging mun. apartment in case of long-term absence of one of the residents (including);
• Article No. 90 of the Housing Code of the Russian Federation includes a list of reasons that provide grounds for eviction for a long delay in payments for utility bills.

Extract from a privatized apartment by court can only be carried out by one of the owners of the apartment in relation to the residents or other owners. Discharge from the municipality. persons registered in it can enter the apartment.

Termination of registration of violators can be carried out by municipal and state bodies in the area of ​​their competence (also through judicial procedures). In case of friction between citizens, it is recommended to try to resolve the issue out of court.

It will also be useful to familiarize yourself with the following information:

• How to correctly write an application to the passport office and what documents are needed to check out of an apartment?
• Discharge of the child from the apartment.
• Procedure for leaving the apartment.

Illegal deregistration

You should also remember about the possibility of illegal discharge, as well as ways to protect against it. Since it is not easy to regularly check the presence of registered ones, the owner of the apartment can submit an application to have an entry made in the Unified State Register of Real Estate prohibiting any actions with real estate without his participation. In this case, the person will not be discharged, for example, if a fake power of attorney is provided.

If the fact of an illegal discharge is discovered, it is necessary to establish who exactly made it and on what basis. If the removal of a citizen occurred on the initiative of the owner of the apartment, then relations with him will be built within the framework of the contract and family ties.

If the deregistration was initiated by government authorities without finding evidence that the person actually lives in the place where he is registered, you should enlist the support of the owner of the premises and witnesses of residence, and find receipts for payment of utilities.

The deregistration of a person can be challenged in court.

Deregistration through court

If for some reason it is not possible to remove citizens from registration through the migration service, you will have to file a lawsuit. The owner brings the claim on the basis of Art. 30 Housing Code of the Russian Federation, Art. 209 of the Civil Code of the Russian Federation, while the requirements of Art. 131, 132 Code of Civil Procedure of the Russian Federation.

Cases of deregistration do not belong to a complex category of cases; courts and plaintiffs do not face any special problems in them. Within 2 months from the date of receipt of the statement of claim, it is quite possible to receive the coveted court decision, which will be the basis for the FMS authorities to deregister.

Notification of parties - property owner or registered person

Cancellation of temporary registration can occur unilaterally. It is important for the initiator to know whether he can carry out the action alone or is obliged to notify the other party of his decision. Let's look at the situation from two sides:

1. The registered person wishes to deregister early. Notifying the homeowner is not mandatory, as it does not entail any legal consequences for him.
2. The owner of the premises independently removes the registered person from the register. Theoretically, he can notify the tenant about the decision made. This will be correct both from a moral and legal point of view. However, in practice the law does not oblige him to do this.

Important: to terminate a temporary registration, the second party is not required.

How to deregister without personal presence?

The applicant can submit a written request by mail or through the State Services portal. In both cases, the withdrawal will be made within three days, but only on the condition that the applicant appears at the Ministry of Internal Affairs and puts his personal signature confirming the request.

Attention: you can avoid visiting the registration department at all only if you entrust your cancellation responsibilities to another person. Actions are performed by power of attorney, certified by a notary.

Also, the personal presence of the registered person is not required if the application is submitted by the owner of the premises.

Temporary registration can be canceled at any time at the request of the registered person or the owner of the premises. To carry out the procedure, the consent of the other party, as well as its notification, is not required.

How to protect yourself

When completing a purchase and sale transaction, a situation may arise when former residents, after completing all legal formalities, for some reason remain registered in an apartment that no longer belongs to them. Let's say there is a corresponding agreement with the buyer - the seller asked to temporarily not register one or more members of his family (for example, until the purchase of a new home).

In other cases, all sorts of “former” people are in no hurry to deregister, or, even worse, “eternal residents” are found in the new apartment who have nothing to do with your family and are not subject to deregistration.

To avoid such problems, you can, for example, divide payments: after registering the contract, the seller will not receive the entire amount, but, say, only two-thirds; the remaining part will be transferred to him only when the buyer has a “clean” extract from the house register, confirming that the former owner and members of his family have been deregistered.

However, sometimes the seller is ready from the very beginning to make a discount (sometimes quite significant), since registered residents remain in the apartment. According to realtors, you should not be tempted by such offers: “foreign” residents will have to be deregistered through the court, and the procedure may drag on for several months. If they rented an apartment from the former owner, then they have every right to stay in it until the expiration of the contract. It is much worse when a rent recipient or tenant from the “eternal” category remains in the house.

Can they be discharged from the apartment through the court?

Grounds for eviction

Grounds for eviction of a person by judicial procedure on the part of the state. authorities regarding municipal housing :

• expiration of the period for which the contract for the provision of housing was concluded;
• preparing the apartment building for demolition due to its status as dilapidated or in disrepair;
• registration contrary to the law;
• debt for utility payments, if the owner has more than one home.

State authorities in relation to privatized apartments:

1. inappropriate illegal use of premises (for example, as non-residential);
2. emergency condition of the structure (MCD);
3. debt for utility payments, if the owner has more than one home;
4. recognition of the transaction for the purchase and sale of housing as void and contrary to the law;
5. illegal redevelopment that poses a threat to the structural elements of the building.

Grounds that can be used for registration by other residents/owners in relation to the municipality. housing:

• failure to pay utility bills for more than six months in a row;
• collectively – lack of residence in the apartment along with non-compliance with the provisions of the social tenancy agreement;
• violation of the rights and peace of neighbors, other residents, illegal actions;
• use of housing outside its residential purpose for commercial and illegal purposes;
• systematic lack of compliance with sanitary and hygienic standards, which may threaten other residents and the building;
• actions that cause or are guaranteed to cause damage to residential premises.

A tenant, a responsible tenant, and members of his family temporarily and permanently registered in the territory of a municipal apartment can be evicted.

Regarding privatized housing:

1. termination of marriage with the owner who owns the living space acquired not during family life;
2. violation of sanitary standards, fire safety standards, creation of conditions that threaten the life and health of others;
3. illegal actions or antisocial behavior, lifestyle;
4. change of owner - in the case when the registered tenant refuses to check out of the apartment that the owner is selling;
5. inheritance.

Any tenant can be forcibly evicted from an apartment, including owners , as well as those temporarily registered.

The reason for deregistration for the state may be systematic violation of the law, the implementation of urban planning and other policies, or the need to use the relevant areas differently.

The reason for discharge in relation to citizens may be the impossibility of further cohabitation due to a change in marital status, mutual hostility, obstacles to real estate transactions (sale, donation, exchange, inheritance, etc.).

In the case of inheriting property, the inheritor does not have the opportunity to write out disabled dependents, disabled people, or minors from the apartment even in the absence of family ties.

Applications for deregistration from an apartment are submitted to the district court at its location ; the decision can then be appealed in the courts of the next instance. Read about the grounds on which a person can be discharged “to nowhere” and how to complete this procedure.

List of documents for filing a claim

Original papers and copies must be provided to the court. The latter remain under consideration, but first the court clerk must check them with the original documents. Along with the claim, the citizen provides:

• identification documents;
• evidence base;
• receipt of payment of state duty;
• documentation that confirms ownership;
• extract from the house register;
• certificate from the Housing Office;
• a copy of the application for the defendant.

This is a basic list of documentation, but sometimes additional paperwork may be required.

Timing and cost

How long does it take to cancel a registration? If a person applies specifically to the FMS department, then they must deregister him within 3 days from the date of acceptance of his papers (clause 22 of the Administrative Regulations).

When visiting other authorities, this period will increase by another 3 days, which are given to send documents to the department of the Federal Migration Service.

If the result is ready earlier, the staff will contact the applicant by phone and inform him that the registration actions have been completed and the passport can be collected.

How much does it cost to deregister? The state service for terminating registration is provided free of charge ; there is no state duty for such a service.

How do you know if you have been deregistered? What documents are issued? After completing the deregistration procedure, the leaving person will receive back his passport with a stamp indicating the termination of registration at the old address (clauses 18, 139 of the Administrative Regulations).

If registration and discharge were carried out simultaneously, then two stamps will be placed in the passport at once.