Is it possible to check out of a private home without a house register?

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When moving, a person must deregister at his previous place of residence in order to be able to register at a new address. Simultaneously with the appearance of a new stamp in the passport, upon discharge, changes are also made to the house book regarding the tenant’s discharge. What to do if the tenant does not have this document, and will they refuse to issue you an extract? Let's understand this complex issue.

Is it possible to check out without a house register?

According to Article 7 of Federal Law No. 5242-I of June 25, 1993, the deregistration of citizens at their place of permanent residence (stay) is carried out by the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation. To be discharged there, you only need to provide a written application of the established form and a passport. Migration department employees have no right to demand any other certificates.

You can read more about the procedure for deregistration from a private home in this article.

What is a house book?

A house book is a special twenty-page journal, each sheet of which has its own serial number. When a tenant moves in or evicts, a corresponding entry appears in the book. All owners of residential private houses must have such a document. If the housing is municipal, then the administration of the locality is required to maintain the journal.

Thanks to the house register, provided that all changes are made to it in a timely manner, utility bills are calculated as fairly as possible - according to the number of people actually living in the apartment.

Where is it issued?

When selling an apartment, the owner is obliged to transfer the house register to the buyer. If housing is purchased in a new building, then you need to create such a journal yourself. You can either buy it in a specialized store, or ask the migration agency employees when registering a new home. Entries should be made in the book only after the registering authority has affixed all the necessary stamps to it.

Sometimes employees of the Department of Internal Affairs of the Ministry of Internal Affairs of Russia refuse to accept an application for discharge until the person provides a house register; if the homeowner has one, no problems arise, but the absence of this document does not mean at all that you will not be able to register.

Example. Proskurina I.V.
after participating in privatization, she became the owner of 1/3 of the apartment, but in fact she practically did not live there, since she moved to another city immediately after the completion of registration of housing ownership. A few years later, the woman bought herself a new apartment. In order to register in it, you had to sign out from the previous one. Proskurina came to the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation with a corresponding statement, but since she did not have a house register, the registrar refused to issue her an extract. Contact with relatives who directly lived in the old apartment and kept the house register was long lost, so it was not possible to provide the document. The lawyers advised me to write a complaint addressed to the head of the migration authority, describe the problem in detail, and threaten with an article on arbitrariness in the workplace (Article 330 of the Code of Administrative Offenses of the Russian Federation), which Proskurina did. Permission to be discharged was received, and very soon the woman registered in a new apartment at her place of residence.

Where to get an extract from the house register: the process of obtaining

After providing all the necessary documents, an employee of the organization will set a day when you can pick up the document. Usually, a simple statement is issued immediately. You will only need to wait five or ten minutes until the employees formalize it according to all the rules. If we are talking about an extended discharge, then sometimes they may ask you to come back in two or three days.

The residential premises are being sold. Typically, such a statement is of interest to the buyer. It will list all registered people. This protects people from unexpected surprises associated with the huge number of registered people, who will be difficult to discharge
It is necessary to apply for some kind of social security benefits. Most often this is required to confirm actual registration
People are in the process of divorce, or rather one and the spouses are filing for it
The process of awarding alimony is underway. In this case, an extract (or as it is sometimes called a certificate of family composition) is needed to confirm the child’s residence with the parent
It is necessary to change your passport (if lost or replaced again). The extract is needed to indicate the person’s registered address, since passport office employees do not always trust the old marks in the passport
It is necessary to register some kind of status, for example, low-income, large families, etc.

How to check out without a house register

De-registration can be carried out in several ways, depending on whether the person is being discharged “to nowhere” or plans to immediately register at a new address.

Method No. 1 – Automatic discharge

If you decide to deregister in order to register in a new apartment, you must immediately submit two sets of documents to the migration authorities: 1st for deregistration, 2nd for registration.

Procedure

You must proceed as follows:

go to the nearest department of the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation;
take it from the employee and fill out 2 application forms (for discharge and for registration);
submit all necessary documents to the inspector;
On the appointed day and time, you return to the Department of Internal Affairs of the Ministry of Internal Affairs of Russia and receive your passport with already stamped stamps.

The procedure for automatic deregistration with simultaneous registration is very convenient, since in this case you will have to visit the registrar only two times, and not four, as in the case of deregistration “for nothing” and registration at a new address postponed indefinitely.

Statements

Form No. 6 of applications for submission to the migration authorities can be downloaded on our website and filled out at home before going to the registrar, but this is not at all necessary. You can come to the regional department of the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation, ask the employee for blank forms and fill them out according to the sample hanging on the information stand. It will take you no more than 10 minutes to fill out two forms, but in this case the correctness of completion is guaranteed.

Documentation

For automatic discharge, the registrar, in addition to two applications, must submit:

applicant's passport;
birth certificate of the person being issued and passports of legal representatives (for persons under 14 years of age);
the document on the basis of which the ownership of the new apartment arose;
certificate of the owner of the property.

You can learn more about the procedure for simultaneous discharge and registration by reading this article.

Method No. 2 – Regular extract

If you need to be discharged urgently, but it is currently not possible to register at a new place of residence, then you can initiate the procedure for deregistration “to nowhere.”

Procedure

The procedure in this case will be similar to the previous one, only one application is filled out (for discharge):

come to the registrar,
hand over the necessary documents to the employee,
in a few days you will receive your completed passport.

Statement

When filling out applications, please note that you must enter accurate information in all fields, including information about your new place of residence. If you currently do not know where exactly you will register, you can come up with any address; this information will not be checked by anyone and will not affect anything in the future.

Documentation

In this case, the employee of the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation must provide only a correctly completed application for an extract and an identification document of the applicant:

for adult citizens - passport;
for minors - birth certificate and passports of legal representatives (parents, adoptive parents, guardians).

You can read more about other documents that may be required in some special cases here.

Deadlines

Depending on the chosen method of discharge, the terms will vary:

automatic deregistration takes 14 working days, after this time you will receive your passport with two stamps: on deregistration at the previous place of residence and on registration at the new address;
the statement “to nowhere” will take no more than three working days.

How to check out of an apartment through the MFC quickly and without problems

Can there be a valid reason if you did not have time to register? Valid reasons for exceeding the established registration period may be:

working conditions on a business trip (waybill, travel certificate, certificate from the place of work);
illness (sick leave, certificate of outpatient treatment and the timing of its implementation);
purchase and sale of an apartment (agreements for the sale and purchase of apartments).

Is it possible to register without being deregistered? If a change of place of residence occurs within the same city, you can register immediately, but there is no need to check out of the apartment - the passport office itself will process the deregistration at the previous address within one month. Methods for checking out of an apartment Through the State Services website With the creation of the State Services website in 2010, citizens now have the opportunity to check out and register remotely.

Need a lawyer

If you need advice on the issue of extracting without a house register, be sure to contact the lawyers on our website in any way convenient for you. They will be able to tell you how to act in your specific situation.

In general, if you have difficulties with extracting or registering due to lack of a house register, then an experienced lawyer will be able to help you:

collect all documents and represent your interests to the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation;
bring claims against the actions (inactions) of the passport office employees;
obtain an extract and subsequent registration without providing a house register.

Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

The premises in which a citizen of the Russian Federation primarily or permanently resides is considered his place of residence. When moving, you must deregister at your previous address in accordance with the procedure established by law. The common term “extract” is identical to the concept “deregistration at the place of residence” enshrined in the regulatory legal acts of the Russian Federation. Therefore, when planning to change their registration address, citizens are wondering how to leave the house in which they were previously registered.

By time

How to check out from an apartment to a house? Exactly the same as in the case of registration from apartment to apartment or from house to house. These are almost completely identical operations.

Many people are interested in how deregistration from housing is carried out after the expiration of the temporary registration. Ideally, a citizen should:

Contact the MFC or the migration department at your place of residence.
Write an application for discharge.
Pick up a certificate of deregistration from one or another “shelter”.

Otherwise, migration services can independently check the registration data of citizens and then make changes to them. The tenant will be discharged automatically, but no one will hand out certificates. This will cause a lot of problems in the future.

Methods of discharge from residential premises

You can register in a residential area only with the consent of the owner of the house or apartment. The parties can enter into an agreement on temporary or permanent residence with the possibility of registration at this address (Resolution of the Government of the Russian Federation No. 713 of July 17, 1995).

Depending on whether the citizen was registered temporarily or permanently in the residential premises, different procedures for deregistration are applied:

cancellation upon expiration of the contract or early by court decision (temporary registration);
by consent or forced by court (permanent registration).

If there is a need to forcibly expel a citizen registered there from the house through the court, the owner of the living space will have to file a claim.

Based on the provisions of Art. 30 of the Housing Code of the Russian Federation, the owner has the unconditional right to dispose of the housing he owns and determine who can live in his premises.

When is a judicial discharge required and what is its procedure?

It’s as easy as shelling pears to get discharged from home through the MFC. Unfortunately, sometimes the operation under study may be carried out through the courts. The plaintiff is the owner of the residential property.

He must:

Prepare documentation to defend your rights and opinions.
File a claim for the discharge of a particular tenant. Typically, problems arise for those who need to deregister a family with minor children or one of the co-owners of the property.
Contact your local court with a petition.
Participate in a court hearing. During the hearing, the documents presented will be examined and witnesses will be heard.
Receive a court order with the appropriate decision.
Contact the migration services to register the cancellation of a person’s registration by a court decision.

It is done. It sounds simple, but in reality, legal proceedings can take a lot of time and effort. And owners do not always achieve the desired result. Under certain circumstances, they may be refused to discharge residents, although this is extremely rare.

A claim for deregistration can be filed in the following cases:

annulment of a marriage and family union;
debt to pay for housing and communal services;
systematic violation of public order;
amoral behavior;
living at a different address for a long period of time;
change of owner;
use of housing for other purposes;
conscription for military service;
deprivation of liberty;
death.

We invite you to familiarize yourself with the Order on the appointment of a person responsible for maintaining work records

In such cases, it is necessary to prepare supporting documents and draw up a statement of claim. The list of information depends on the reasons for the request. For example, in the event of the death of a tenant, you need to prepare a certificate from the registry office. Documents can be presented in person, sent by mail or transmitted through your legal representative.

The amount of the fee for consideration of such applications is specified in paragraph 3 of part 1 of Article 333.19 of the Tax Code of the Russian Federation:

for individuals it is 300 rubles;
for legal entities – 6000.

A receipt for payment is attached to the application.

The application must indicate the following:

The name and address of the court to which the interested person is applying.
Information about the plaintiff and defendant - last name, first name, patronymic, place of residence.
The reason for the application, for example, the presence of arrears in paying utility bills.
Request for deregistration.
List of attached documents.
Date and signature of the applicant.

The documents attached to the claim may be originals or certified copies.

Extract from a private household has no distinctive features and is carried out according to general rules. The interested person should contact the territorial department of internal affairs himself, through the MFC or the State Services portal. Forcible discharge through the court is allowed.

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Set of documents

In order to be deregistered, a citizen who changes his place of official residence must provide a package of certain documents to the Department of the Internal Affairs Directorate of the Ministry of Internal Affairs. Their list is almost identical to the set of papers required to check out of an apartment.

So, before going to the authorized body, you should find out what documents are needed to check out from home and prepare them. The algorithm of the procedure and the procedure for the actions of a person deregistering do not differ from those that must be completed for voluntary deregistration in an apartment in an apartment building.

Read the list of required documents and how to check out of the apartment.

Perhaps the main difference in the list of standard papers is the house register. This document, important in private households, looks like an ordinary magazine of 20 sheets of A4 format. In order to eliminate the possibility of falsification of records, as well as to simplify the search for information, each sheet in this journal has a serial number.

The package of documents for deregistration from a private home includes:

passport;
house register (although by law they should not require it);
application for deregistration at the previous address;
application for registration at the place of new registration;

It is advisable to provide all the necessary documents at the first application, otherwise they will be returned, and the applicant will again have to collect and complete the paperwork.

In exchange for the passport given for registration, you need to receive a temporary identity document (Order of the Federal Migration Service of Russia dated November 30, 2012 N 391).

If a citizen does not want to voluntarily leave a home that does not belong to him, the owner has the right to go to court. We recommend that you first familiarize yourself with what a sample statement of claim for an extract from a private home looks like.

Simultaneously with registration

How to leave home?
For this you will have to prepare. It is recommended to do this in advance. According to current laws, registration in a private house or apartment is carried out only with the consent of the owner of the property. What can you say about canceling registration?

Firstly, registration varies. Namely – temporary and permanent. This is an extremely important point that you will have to pay attention to when deregistering.

Secondly, when carrying out an operation, as a rule, the person being discharged either contacts the relevant authorities independently or sends his representative to submit an application.

It follows that the presence of the owner of the home is not necessary. It is required only when citizens plan to renew their temporary registration.

What documents are needed to leave home? As practice shows, the package of papers will change depending on the situation.

Let's assume that a person decides to immediately change his place of residence. In such circumstances, registration and discharge will be carried out simultaneously. And therefore, for one application to the migration services, two services will be provided at once. They cannot refuse this.

Instructions for discharge with simultaneous registration in another housing have the following interpretation:

Prepare the documentation required by the migration authorities for registration in an apartment or new house.
Contact the registration authority with the appropriate package of certificates.
Fill out an application for registration. It is advisable to immediately inform employees that you want to check out at the same time.
Submit your application and wait. In some cases, the registered person is asked to write a separate request for an extract from the old home. This is a huge rarity, but it is still necessary to prepare for such requirements.
At the appointed time, pick up a certificate of registration at the new address from the Federal Migration Service or put a stamp in your passport. In the second case, the applicant will have 2 records printed - about deregistration in the old housing and about registration in the new one.

We found out what it takes to check out of a house or apartment in Russia. Is it possible to live in the Russian Federation without registration?

Yes, but very little. If someone comes to Russia or leaves their hometown, they may not register at their place of temporary stay for 90 days. After this, you will have to obtain temporary or permanent registration.

Secondary registration (after leaving the previous apartment or house) is carried out within 7 days. If you do not meet this time, a citizen without registration will be issued a fine.

Can the owner leave the house if there is no house register?

The house register is kept by the owner of a private house, who is its owner, and if the house is in shared ownership, then all shareholders. It reflects all the facts of registration and deregistration of residents from the household during the period of existence of the building.

The number of residents registered at a particular address significantly affects the amount of utility bills.

Although this document is included in the list of documents required for registration and deregistration, its absence cannot prevent the owner from registering from his own home without a house register. There are 2 ways to do this:

Auto.
Ordinary.

In the first case, there is a procedure in which extract and registration are carried out simultaneously with filling out applications in Form No. 6 for deregistration and registration.

In addition to two statements, the owner who does not have a house register must provide the UVM inspector with:

passport;
birth certificate of children under 14 years of age, and if children are over 14 years of age - their passports;
title documents for home ownership: certificate of inheritance, purchase and sale agreement, deed of gift, and so on;
certificate of title of the property owner changing the registration;
completed departure form.

In this case, after the migration service receives information about registration at the new address, the owner makes changes to the house register at the old address.

The migration department will tell you how to leave a private home in the usual way and will issue you a letterhead application form for deregistration without a house register. It contains the following information:

name of the selected authority of the Department of Migration;
personal data of a citizen who is leaving a private home;
the address from which the citizen is checking out;
new address;
passport details;
date and signature.

What should be done

What is the difference between leaving your home and leaving your apartment? The main difference is due to the fact that when checking out from a private home, in addition to basic documents, you must bring the house register to the passport and visa service employees.

Extract and registration of registration at the new address according to modern laws is carried out immediately. There is no need to register in advance - on the contrary, first of all, you should register. To do this, you need two statements: one about the desire to deregister at your place of residence earlier, and the other about registering now.

If the person himself is not the owner of the house in which registration is being carried out, a statement from the owner with confirmation and his personal presence will be required.

The statement states that the owner is not against having another tenant registered in his house. After this, the fact of discharge is recorded with a stamp in the house register.

Employees of the passport office send a notification to their colleagues that they need to remove the discharged person from the register. A person will be issued a passport with the address of their current registration indicated in it a few days later or on the same day.

Extract from home requires a personal visit by a person to the passport and visa service.

It will be possible to write someone out in his absence only with a court order, for which a reason will be needed. True, this applies to adults and capable people, but does not apply to children or pensioners, as well as to disabled people - they cannot be discharged unless a new place for their registration is found.

It is possible to discharge a person from his home with his consent, which is confirmed by him personally or in writing and certified by a notary. Without a person’s consent, he can be discharged if the owner of the house makes a request to the court, and the court agrees with this request.

Nuances of deregistration from a house with shared ownership

In order for a tenant to voluntarily leave a private house that is in shared ownership, the consent of neither one nor all owners is required, as in the case when the property belongs to one person.

If people need to be removed from a home without their consent, only one owner files a claim in court. In the claim, he must substantiate his demand to evict a tenant from his property who:

violates his rights as an owner;
uses the premises for other purposes;
lost the right to use housing and so on.

When considering the eviction of unwanted tenants, evidence is important. To expel a non-owner from a house without the consent of the other co-owners, you must provide the court with evidence of the need for forced expulsion and provide undeniable arguments.

Instructions for owners on how to forcibly eject a person from an apartment

If the defendant lives in an apartment, then the prosecutor will participate in the trial. In this case, it is necessary to prove that the defendant, in addition to the apartment, still has somewhere to live. To find out whether he or she owns real estate, you just need an extract from the Unified State Register of Real Estate about the rights of an individual to the real estate he or she owns. We mentioned it above. This statement shows what kind of real estate a particular person owns. If the defendant has another living space, the judge will take this into account.

If you have any questions, you can consult a lawyer for free. Ask your question in the online consultant window at the bottom right of the screen, in the comments or by phone (24 hours a day, 7 days a week) Moscow and region; St. Petersburg and region; 8 (800) 350-29-86 - all regions of the Russian Federation.

Is it possible to discharge a minor?

In the event of divorce and other circumstances, some owners try to initiate the removal of their minor children from private household ownership. However, only the court has the right to decide whether a minor child can be discharged from home.

A minor can be removed from registration at the place of residence only with one of the parents (Article 20 of the Civil Code of the Russian Federation) and with the permission of the guardianship authority.

In this case, the guardianship authority and the court should be provided with indisputable evidence that the living conditions of the child in the new place of residence will be no worse than in the previous home. For example, if a private house was heated with wood, and the toilet was only on the street, the father or mother, together with a minor child, can easily leave the private house and register in an apartment in an apartment building, which has hot water supply, central heating and other necessary sanitary facilities. living conditions.

However, if the guardianship authority considers that even in this case the replacement will be unequal, the initiator of deregistration of a minor child from a private home may be refused deregistration.

Legal ways to eject a non-owner from an apartment without his consent

How to register a temporarily registered person if you bought a property that you previously rented out? Just write an application for deregistration indicating the date of departure. Another option is to wait until the lease ends. Registration will be canceled automatically. But it’s better to ask the former owner to take care of this problem. How can an owner discharge a tenant who doesn’t want to move out? That’s his problem.

Interesting: Hotel Land What Is It?

You will need: data on the status of your personal account, a traditional statement of those who are registered, copies of passports (or other identification documents), copies of registration certificates of the previous and new real estate where you plan to live with the child. How to discharge a registered person from an apartment who is renting a house and has children living with him? If you have issued a temporary registration for tenants, then wait until the end of the lease agreement.

Is deregistration required if the house is demolished?

Private houses, especially old ones, which have become dilapidated and no longer meet the requirements for residential premises, are subject to demolition. For example, within the framework of the Renovation Program. As a rule, in such cases, residents are provided with new housing or compensation.

You can write a person out if he does not live there before or after the liquidation of the building.

During demolition, citizens registered in a private household must be deregistered. To do this, you need to contact the passport office with an application for an extract from your previous place of residence and a passport.

If new housing is provided, the standard procedure for discharge and registration is applied.

Receiving compensation for demolished housing obliges the owner to independently find a new home and, accordingly, a registration address. If compensation has not been provided, the civil court will determine the new place of residence and registration.

What documents will be needed

If we talk about what documents are needed for discharge from home, then the list of required papers includes:

Departure sheet, filled out in 2 copies.
Application for deregistration at a specific address with a signature.
House book when leaving a private house.
Passport issued with a registration stamp.

Registrars do not have the right to demand other documents.

You do not need to take with you, for example, a military ID or marriage certificate. Also, when registering a person who is not the owner of the house, it is not necessary to present the house register.

The presence of the property owner is not necessary. The application must indicate the name of the body, the applicant's full name, passport data, the address of the new registration and the old address, sign and date. It is more difficult to prepare a package of documents for the child's discharge. If you need to deregister a minor, you must provide a birth certificate or passport of the child and his legal representative (guardian), a written opinion from the guardianship authorities, documents for the housing in which the child will be registered, a certificate of departure. To discharge the deceased, you must bring a certificate to the passport office about death, the applicant’s passport and a document confirming the degree of relationship with the deceased.

conclusions

Deregistration or deregistration in a private house is in many ways similar to the procedure for apartment residents, but has its own characteristics. It can be carried out voluntarily or through the courts. In case of voluntary discharge, it is enough that the tenant himself expresses a desire to change his place of registration. In order to forcefully write it out, the owner must go to court, setting out compelling reasons and convincing evidence in the statement of claim.

Practicing lawyer. Candidate of Legal Sciences. Head of the legal consulting department of a consulting agency. I regularly publish articles in scientific journals, as well as for several legal Internet resources.

In accordance with Articles 3.7 of Law No. 5242-1, every citizen of the Russian Federation, when committing internal migration, is obliged to notify the FMS about this. The process of deregistration from the old living space is called deregistration at the place of residence.

In cases where a person has a temporary registration (3 years), cancellation of registration occurs automatically upon expiration of the established period. If a citizen has a permanent residence permit, he or she must submit an application to one of the registration authorities.

Ways to implement the task

Is it possible to leave a private home? Yes, it's not that difficult. Even a poorly versed person is able to cope with the task.

In general, there are the following methods for deregistration with migration services:

through the court;
upon expiration of the registration period;
through re-registration;
through a personal visit to the registration authorities;
by contacting the migration services through a representative.

We invite you to read Why are extracts from the Unified State Register received in an unreadable format and is it possible to convert documents from Rosreestr into a human-readable format?
How exactly to proceed? It all depends on the specific situation. Let's take a quick look at deregistration through the court. This process is very troublesome and rarely applies to private houses.

Where can I apply?

Registration authorities include the Federal Migration Service (FMS), the Multifunctional Center for the Provision of Municipal and State Services (MFC), the Home Owners Association (HOA), as well as the State Services network portal.

A citizen can deregister at the passport office both at his old place of residence and at his new one. When you move to another region, at the same time as your registration documents, do not forget to submit a package for deregistration from your previous home.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

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When deregistering before moving, the applicant only needs to write a request to cancel registration at the place of residence and indicate the exact address of the new registration.

If the deregistration procedure takes place simultaneously with registration, the applicant is issued a tear-off form in Form No. 6. The lower part “Application for deregistration” will be forwarded to the Federal Migration Service at your old registration address.

Is it possible to check out through the MFC?

State Budgetary Institution “My Documents” provides Russian citizens with a wide range of services both at the local and state levels.

MFC specialists receive citizens to complete papers on various issues. They will also be able to help with the procedure for leaving a private home.

To prepare documents for deregistration, you need to contact the nearest MFC with all the required papers.

In these institutions, the queue of citizens moves using coupons, which are issued by a special machine. As a rule, it is located near the main entrance. After your ticket number lights up on the display, you must immediately go to the specified specialist. A citizen must write an application for termination of registration and submit the required documents (including a passport), which, after processing, will be sent to the territorial department of the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation.

A citizen must write an application for termination of registration and submit the required documents (including a passport), which, after processing, will be sent to the territorial department of the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation. After submitting documents to the MFC for the discharge procedure, the applicant will receive a message on the phone number he left about the readiness of the documents and the address of the institution where they can be picked up.

Procedure

The standard deregistration procedure consists of several stages:

Submitting an application to the registration authority (FMS, HOA, MFC, State Services portal).
Obtaining a temporary document proving the identity of the applicant.
Extract of a citizen from the specified residential address.
Issuance to the applicant of his passport with notes on deregistration/registration.

Each registration authority has an original procedure. Let us consider the procedure for processing documents in each of them in more detail.

To contact the FMS, the applicant needs to find out the address of the nearest branch, the schedule for receiving citizens, as well as an exact list of registration documents.

This can be done on the official website of the migration service. Here, citizens are invited to join an electronic queue to receive government services.

In the “Territorial authority” column, select the FMS branch assigned to your region of residence. Please indicate the type of service you are interested in.

In this case it will be “Passport and registration accounting”. Tell us the purpose of your visit. Citizens are offered to choose one of the options: “Consultation” or “Submission of documents”.

After this, the system will generate and provide the user with the addresses of FMS departments where he can receive the specified service. The applicant will only have to choose a convenient day of admission. Dates available for recording are marked in green. Red – non-reception days.

Grounds for cancellation of registration

The conditions, however, as well as the grounds for the forced removal of a person from the living space he occupies directly depend on the form of the property. Thus, among the most common cases in our legal practice that apply to municipal property, it is worth highlighting the following:

Tenant's debt on utility bills for six months.
The citizen did not live in the living space he was renting for a long period of time.
The unwanted tenant has another apartment where he lives most of the time.
The resident uses the house or apartment in which the citizen is registered not for its intended purpose, but for purposes unrelated to residence.
The person caused significant damage to the living space.
The tenant grossly disturbs the peace of neighbors and citizens living with him, ignoring their rights.
Expiration of the actual lease term or the agreement signed by the parties (social rent, sublease or rental).
The dwelling is being prepared for demolition, as it was considered unsafe and dilapidated.
Illegal registration of a citizen.

If an apartment, house or other housing is legally owned, then the following reasons are added to the above reasons:

an official divorce was filed and the spouses changed their status to former spouses;
those living in an apartment or house do not have a common household;
citizens who live separately and do not pay the costs of maintaining their housing or do not take part in caring for it at all.

Where can an owner register a tenant?

The procedure for removing an unwanted tenant from an apartment without his consent is easier to understand if it is presented in the form of a short instruction or a step-by-step guide to action.

Don't have time to delve into legal nuances? Asking a lawyer is faster than reading ! Get a FREE online consultation from the best legal experts - right now !

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Sample receipt for receiving money for a sold apartment

So, both registration and its cancellation must be carried out by the FMS. Therefore, the owner should immediately contact the local branch of this organization. However, this applies only to those property owners who have clear grounds for deregistering a tenant without interference in the judicial process.

Also, be sure to look at our article, which tells you how to write a resignation letter of your own free will using a correctly completed sample!

Deprivation of registration of a non-owner without his consent in court

If in the past case everything was relatively clear, then in the case of going to court, the owner of the apartment will have to provide a package of necessary documents, which are worth talking about in more detail.

Although, according to the legislation of the Russian Federation, the owner has the right to make an independent decision on the eviction of tenants he dislikes, it is worth noting that in 90% of cases it is impossible to do without a court.

To carry out a forced discharge through the court, you first need to collect the following documents:

statement of claim (it is worth clarifying that the court itself does not discharge citizens, but only terminates the use of housing);
all important documents confirming ownership and a sample rental agreement;
available receipts for payment of utility bills;
any evidence (for example, written testimony from neighbors) about the antisocial behavior of the unwanted tenant;
documents confirming that the tenant has another living space;
certificate of citizens who are registered in the home;
receipt of successful payment of the state fee.

Also, pay attention to the following details of the statement :

You cannot discharge a tenant from an apartment to “nowhere.” That is, if he does not have another place to live, the owner is obliged to provide the evicted citizen with housing of similar conditions.
All utility debts must be paid before the tenant is discharged. Otherwise, this responsibility falls on the owner himself.
The issue of deregistering citizens without their consent is, as a rule, considered by the magistrate's court, and appeals against the claim of the property owner must be filed with higher government bodies.
The court has five days to consider the claim, and the judge must make a decision on it within a period of 30 to 60 days.
The fixed state duty in 2020 is 200 rubles. At the same time, it is worth considering that this amount remains the same only if the claim is filed against one defendant. If there is a claim against several citizens, the state duty is charged for each of them.

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Building codes and regulations for individual residential buildings

Of course, it is quite difficult to calculate the exact cost, because it also needs to include notary services, as well as the cost of copying documents, the prices of which vary depending on the region of residence of the plaintiff.

After receiving approval from the court to cancel the registration, the discharged resident is given a so-called departure slip.

Duration and cost of the procedure

There is no state fee for deregistration at the place of residence. The deadline for processing documents depends on the authority to which they were submitted. The activities of the Federal Migration Service of the Russian Federation are regulated by the Administrative Regulations.

In accordance with it, migration service employees are required to process the request within 3 working days (clause 22 of the Administrative Offenses).

When contacting the Federal Migration Service, Homeowners' Association or the State Services portal, the waiting period increases to 6 working days.

Within the prescribed period, the organization’s employees submit the applicant’s documents to the FMS department for processing, after which the citizen receives a passport with a mark indicating the termination of registration at the specified address.

Is it possible to check out and register at the MFC?

Receiving free legal advice If you think that you have received an unlawful refusal to provide a service at the MFC or simply find yourself in a situation requiring legal assistance, call the numbers provided (be sure to enter the extension code when the operator asks you to do so) or fill out the form below form and we will try to help you. Call and get a FREE legal consultation!

For residents of Moscow and Moscow Region
St. Petersburg and Len. region
Toll-free number for regions of the Russian Federation ext. 215

Attention! When applying via form or telephone call, only requests of a STRICTLY LEGAL nature will be considered. Specialists do not advise on work hours, location, electronic recording and readiness of documents at the MFC.

Peculiarities

In cases where the extract is complicated by the absence of a citizen, house register, owner, or premises, the process of processing documents follows the original scheme. Let's look at each situation in more detail.

While in another city

The applicant, being in another region, has the right to be discharged from the specified address at the FMS office at the place of residence.

To do this, he needs to fill out an application in Form No. 6. The tear-off sheet will be forwarded to the branch at the old address.

A citizen can cancel registration by power of attorney. The authorized representative provides a notarized application, a photocopy of the passport and the applicant’s power of attorney to the MFC branch.

Without house book

The house register is not required for automatic deregistration. To do this, it is enough to submit an application for registration at a new place of residence using Form 6. Otherwise, the applicant will have to fill out an application form for deregistration without a house register.

Without owner

The presence of the property owner is not a prerequisite for the automatic discharge of residents. A person is considered discharged automatically if he had temporary registration at his place of residence or submitted documents for registration at a new place of residence.

If the visit was canceled

Discharge from emergency/liquidated housing follows a standard procedure. Most often, a person registered in a demolished premises has the right to receive new living space.

In this case, deregistration occurs automatically after the applicant registers a new address.

Is it necessary when selling a house?

In cases where the owner has sold the house, the residents registered there are required to leave the living space. Otherwise, the new owner may demand your discharge in court.

Extract from home is a necessary procedure to control the migration of citizens within the country.

Changing your registration will help citizens register with state medical and educational institutions, as well as receive social benefits for housing and communal services.

Where and how to obtain an extract from the house register for the owner and non-owner

Important: the certificate is issued free of charge and within a strictly established time frame (from 1 to 7 days). Any collection of money for this service is illegal. The exception is when the applicant acts with the help of an intermediary in the person of a realtor or a notary officer. The act must be received upon request, and arrears in utility bills and other circumstances cannot prevent this.

application for a certificate (the form is issued by the authorized body on the day of application);
applicant's passport (other identification document);
acts confirming the availability of residential premises (if it is privatized), or a social tenancy agreement (order) when the apartment or house is owned by the municipality;
power of attorney (as mentioned above, an extract can be obtained by the owner, another person registered in the premises or a third party if there is a notarized power of attorney);
house book (if the applicant requests a deed for a private house).

How to find out who is registered in a private house without a house register

Question about an extract from the house register If this is a private house, then it is enough to photocopy the house register and have it certified by the territorial Federal Migration Service. If this is an apartment, then you need to request a copy of the registration card from the officials responsible for registration, in the housing department or homeowners association. Well, get a power of attorney for your father from a notary, send it by special letter, let him go and get the extract; you can’t get away with it when the power of attorney is in your hands. Extract from the house register. You probably need to go to the location of the house and get it from the local administration. An extract from the house register for submission to the Federal Registration Service is required, so the owner must have a cadastral passport; this is also needed to register the gift agreement. If you are the owner, then failure to register will not deprive you of your ownership rights.

In such an unpleasant situation, even a conscientious buyer may lose the right to part of the home.

Selling House! There is no extract from the house register, but the house register itself is in hand. Rosreestr is the one who takes the house register when it comes to a private house. To sell a house, Rosregistration does not require house books or extracts from them.

How to write a person out of the house register

If the personal account through which utilities were paid was registered in the name of the deceased, you need to contact the management company of the EIRC, HOA, etc. After writing the appropriate application, they will change the payer’s information.
First of all, you need to issue a death certificate. If the deceased had any disease and was constantly observed by a doctor, the document can be issued by a doctor from the district clinic, who will come on call. WATCH THE VIDEO ON THE TOPIC: ⚖ How to quickly check a person out of an apartment ⚖
Evgeniy Sazhin The question arises, how to check out if the tenant does not have such a book in his hands? Let's explore this issue from the perspective of Housing Law. At the same time, can you familiarize yourself with how a person is discharged after his death? Is it possible to check out without a house register?