Confirm your residence with neighbors

I am registered in one apartment, with my parents, but I live in another, renting. The situation is quite common. But we have a difficulty. To reduce the amount of utility bills, parents needed to apply for a subsidy. They have the right to it as pensioners. But the fact that I am registered in the apartment does not allow them to receive a full discount.

I had to draw up a special act of non-residence. What kind of document this is, you can find out in this article. You will receive answers to the following questions:

• for what purpose is the act needed;
• who draws up the document;
• compilation procedure;
• what information is entered;
• features of different acts.

Main purpose of paper

One of the main purposes of the document is to recalculate the amount of payment for utility services. But in reality, there are quite a lot of situations when a document may be required. Here are the most basic of them:

1. Forced discharge of a tenant. If he does not have the right to an apartment, has moved, but remains registered, he can be discharged through the court. This is especially true for a situation where the fact of his registration affects the amount of utilities and general house maintenance. A properly drafted act will need to be attached to the claim.
2. Receiving a subsidy. If there are modern individual metering devices, you need to draw up a report to confirm the number of people living in the premises. The paper will confirm who lives in a certain apartment, consumes resources and receives a certain income, and who does not. Based on this information, the subsidy amount will be calculated.
3. Termination of the lease agreement. If a person rented housing under a contract, but moved out earlier than the deadline and does not pay rent, the act will help terminate the contract through legal proceedings.
4. Creditors and collectors. Fraudsters often indicate the wrong address when concluding a loan agreement. Creditors begin to look for the debtor at the address where he is not. The act of recalculation of utility bills will help prove this fact. In the absence of metering devices, services are calculated for everyone registered. To reduce the amount of payment, you can draw up an official act of non-residence.

Along with the listed situations, the act may be required by the owner in the following cases:

• registration of state benefits and benefits;
• concluding a loan or certain legal agreement;
• obtaining education in order to work later in the tax service or perform other actions there.

These are all common situations. To understand when a document may be required, it is worth considering several specific examples.

In what cases is an act of actual residence in an apartment drawn up?

Various situations arise, so lawyers dealing with Housing Law issues encounter similar cases with enviable regularity. The act may be required by the management company if it is necessary to recalculate payment for services provided to residents. This paper is also the basis for forced eviction from an apartment.

Quite often there is an act from neighbors about the actual residence of a person in a particular apartment. For example, if an apartment is rented out, and the tenants have suspicions that more people live in it than is stated in the contract. And simply, if neighbors renting an apartment do not give peace to other residents, this document can help solve this problem.

In this case, the act becomes almost the only confirmation that the apartment is being rented with serious violations. Although there is no drafting template as such, there are certain rules according to which the act of residence should be drawn up.

• The act must be directed to specific people whose details are indicated in the paper, otherwise it will be invalid.
• The presence of a special commission is a prerequisite for the entry into force of the drafted act.
• As soon as the document is signed by the constituent persons and witnesses, it becomes legally binding.
• The owner of the apartment being inspected must be personally present during the inspection, so he is notified in advance.

The question often arises about the need to sign the paper by the owners of the living space themselves and the persons in respect of whom the inspection is being carried out. In fact, the act must be signed not only by the commission, but also by the owner of the apartment. However, if these persons refuse to sign, it is enough to write about this in the act itself.

It is worth understanding that such an act will be a relevant solution if a person does not have rights to own an apartment. If at least a share in the apartment belongs to the person being inspected, then it is not possible to evict him on the basis of an act of residence.

Certificate of residence

In such a case, the person in respect of whom the fact of residence is determined must be present during the inspection of the housing. He can sign the document or refuse to sign. In the second case, the fact of refusal should be recorded in the form and certified by the signatures of the members of the assembled commission.

Here are a couple of specific examples when a residence certificate is needed:

• a legal dispute between the father and mother about the place of permanent residence of the child if they are divorced;
• collection of payment for garbage from two addresses - by actual location and by registration.

How to draw up an act of actual residence in an apartment?

First of all, if you need to draw up an act of actual residence, no one will provide you with an official sample. The paper is drawn up in a more or less random order, but must contain the following information:

• date of document preparation;
• the address at which the check was carried out and where the fact of residence was established;
• passport details of the person whose residence is established in the apartment;
• evidence confirming the fact of residence or non-residence in the apartment;
• place of residence (registration) of the person, if any;
• data from witnesses to the document;
• signatures of those making the document and witnesses.

It is worth paying attention to the fact that the act of residence is drawn up by a commission, and not by one person. If the document was drawn up with violations, this is a reason for lawyers to challenge the validity of the paper, and for the court not to take this act into account.

The commission may include:

• neighbours;
• district police officer;
• representative of the management company;
• other persons.

In the process of drawing up an act of residence, the apartment is inspected by a commission in order to find the belongings of the person whose residence here must be proven. The drawn up document is checked by members of the commission, after which they sign it.

Who draws up the document?

The initiator of the document is usually the owner of the property. But the actual preparation of the paper will be done by:

• housing department employee, representative of the management company, public utility service;
• bailiff;
• district police officer;
• law enforcement representative;
• neighbors living nearby.

The owner draws up the paper only in front of witnesses. These may include any of the listed persons.

Another important rule is that one person cannot draw up a deed. Typically, a group of interested parties gathers. This could be neighbors, a police officer, a local police officer or other citizens. The main thing is that the number of people is more than three.

There are only two situations in which a citizen can independently draw up a document - without witnesses and on his own behalf. We are talking about the act of non-residence. That is, the person himself confirms the fact that he is not at the established address.

You can also draw up a document yourself in a situation where a citizen becomes aware that a fraudulent act has been drawn up, for example, for the purpose of forced eviction. He can write his act, thereby officially confirming his residence.

Actual place of residence

The actual location is understood as the residential premises in which the citizen actually lives, although he is registered in another place.

A certificate containing information about your actual place of residence may be needed to calculate utility bills and resolve certain situations with migration authorities.

The document does not have a statutory form; the only condition is the availability of comprehensive information about the person being inspected.

Read more: Where can you submit your car oil for examination?

Certificates are issued free of charge.

Registration procedure

When drawing up an act, it is important to adhere to a certain sequence of actions:

1. Determine the composition of the commission. In particular, poll neighbors as to whether they agree or not.
2. Inspect the premises at a predetermined time to establish the necessary fact of residence.
3. Record the results of the inspection.
4. Sign. This must be done by members of a pre-selected committee. Immediately after the signatures are affixed, the paper becomes legally binding.

If there are neighbors on the commission, you need to make sure that they constantly live at their address, and not from time to time, and that they use the housing legally.

Other rules for the event include:

• inspection of the property is carried out strictly in the presence of the owner; the presence of the owner’s legal representative acting by proxy is allowed;
• It is mandatory to check the presence of personal belongings of the resident or their absence when proving non-residence.

The number of beds, hygiene products, and cutlery can be used as basic evidence. You can use other options to prove that a person was in another place:

• certificates proving the fact of treatment in a hospital or being on a business trip;
• hotel invoices with specific dates;
• certificate and confirmation that a certain person is registered in another place; payment documents that confirm the division of expenses aimed at maintaining housing;
• facts of visits to clinics, housing departments or management companies officially servicing real estate.

The act is drawn up in writing. Notarization is carried out solely upon request.

Design features

The act becomes the main document confirming that the apartment is being rented with serious violations. Tenants may be a nuisance to neighbors or lead unacceptable lifestyles. Having this document makes it easier to file an eviction complaint.

It is important to complain about specific people who do not live at their place of registration. Otherwise, the act will not be considered. A mandatory requirement is the presence of a special commission, which can be formed from the following persons:

1. District;
2. Specialists from the management company;
3. Neighbors;
4. Other interested parties.

The legislation does not establish the exact form of the application, but it can be drawn up in any form. The document acquires legal force as soon as it contains the signatures of all specified persons.

Features of each option

In general, the procedure for drawing up a document and its contents are the same for each individual case. But it is worth paying attention to the place where the act is submitted. The composition of the commission depends on this:

1. Court. If a trial is initiated, each member of the commission must be present. This must be taken into account when assembling committee members.
2. Subsidy. To review a paper in a public service organization, a district police officer must be present in the commission.

Certificate of non-residence in an apartment: sample, form

An act indicating that a person does not live in the apartment may be needed if it is necessary to evict him, for example, after a divorce. It is advisable to indicate in the act the number of months during which the tenant is absent from the apartment. When drawing up papers, there must be three adult residents of the house in the apartment with their passports. The completed document is certified by the signature of the district police officer. The presence of a police representative will help determine whether the premises contain the belongings of a person who does not live there.

The correctness of the information contained in the papers must subsequently be confirmed by the housing department and the passport office.

When independently compiling such documentary evidence, the sequence of actions is as follows:

• Type on the computer or write by hand in the upper left part of the sheet - Non-Residence Act.
• Enter the passport details of the three present neighbor-witnesses, including their full name, address, series and passport number - each person must make the entry in his own hand.
• Indicate that the Act was drawn up at the request of Comrade. – Full name, address, passport details.
• Information about a non-resident person - his full name, registration, and fact of absence.
• An indication of his current location, if known.
• Date of compilation, signatures of those present.

The 2019 act on non-residence of a person in an apartment can be found here.

Act and certificate of non-residence from neighbors

A certificate of non-residence from neighbors can be obtained on the basis of the act.

This document, certified by signatures, contains the testimony of neighbors about the fact of non-residence. Additionally, the passport details of all neighbors and their full names are recorded.

A sample act of non-residence from neighbors can be found here.

The drafting of acts may have various nuances, therefore, in order to avoid various kinds of problems, it is advisable to first consult with a lawyer and familiarize yourself with the available samples of such documents. This will allow you to draw up the act correctly.

Every resident of the Russian Federation must be registered at their place of residence. If he leaves for a long time, he must register in his new home. When a citizen for some reason loses sight of this responsibility, he may need a certificate of non-residence at the address, confirmed by neighbors.

Rules for drawing up a document

There are no special rules for registration. But, despite this, certain information must be there. The act must include:

• data of the organization where the paper will be provided;
• information about the initiator;
• information about the person whose residence or non-residence is determined;
• the exact name of the document category;
• information about the members of the commission - full name, address, position; the fact that is determined - residence or non-residence;
• postal address of the property;
• period of residence or time of absence from housing;
• signatures of commission members; date of registration;
• a note on the presence of a citizen on the date of inspection;
• citizen’s signature or information about refusal to sign the paper.

Act of residence from neighbors: sample

A sample act is here.

Act

about the actual residence of citizens

Krasnodar January 30, 2020

Commission consisting of: Daria Semenovna Pashkovskaya, senior accounting employee of Kuban Management Company LLC, Krasnodar, st. Korenovskaya 27/1 carried out an inspection of the residential premises of apartment No. 45 at the address: Krasnodar, Aivazovsky Street, building No. 94.

Act on the actual residence of citizens.

What utilities you don’t have to pay for if you don’t live, read here.

As a result of the survey, it was established that the following people live in the residential premises:

1) Kovalev Valery Nikolaevich, born in 1965, registered at this address since July 2009;

2) Victoria Stepanovna Kovaleve, born in 1967

registered at this address since July 2009;

3) Kovalev Nikolay Nikolaevich, born in 1945,

not registered at this address.

Signatures of the commission members:

Nikiforova Maria Ivanovna, living at the address: Krasnodar, Aivazovsky Street, building No. 94, apartment No. 96

Semenikhin Roman Pavlovich, living at the address: Krasnodar, Aivazovsky Street, building No. 94, apartment No. 93