Removing a person from registration

What the law says. What are the grounds

Deregistration at the place of residence occurs only if there are grounds. These include:

• changing of the living place;
• recognition as missing by decision of a judicial authority;
• death or deregistration of a deceased citizen;
• recognition as having lost the right to use living space by a court decision;
• detection of false data in documents or incorrectly compiled papers;
• identification of unlawful actions on the part of officials during citizen registration;
• identification of the fact of fictitious registration at the place of residence.

Reasons for discharge may be provided by interested parties. After receiving the documents, the authorized bodies carry out the required actions within three days.

If there is such a possibility and necessity, a note about deregistration is placed in the passport on the day the documents are received.

How to deregister a person

No matter how events develop, deregistration at the place of residence without the citizen’s consent is permissible only after a court decision.

The complexity of this procedure depends on the specific situation. In order to discharge a person through the court, a set of certain conditions and circumstances is necessary.

Here is a list of the main ones::

• who is the owner of the property;
• who is part of the family;
• whether the defendant has other living quarters;
• does he have an alternative address at which he can carry out new registration;
• what social status do the owner of the residential premises and the citizen whose registration should be cancelled, here we mean disability, being a dependent, guardianship over someone;
• under what circumstances did he have a stamp in his passport indicating registration in this apartment;
• the age of the citizen, here we mean minor children;
• whether the citizen lives at the registration address.

Only after all the facts have been clarified, the court can make a decision to recognize the defendant as having lost the right to use the residential premises, which will be the basis for the migration service of the Russian Federation to deregister him at his previous address.

Features of deregistration at the place of residence

Depending on the situation, the deregistration procedure has certain features. Let's consider the possible options in more detail.

Not residing

If it is necessary to discharge people who do not actually live in the apartment, two options are possible:

• The citizen does not mind being discharged, but for some reason cannot contact the passport office or the MFC. For example, he lives abroad.
• The citizen refuses to be discharged from the living space voluntarily.

It is impossible to deregister “remotely” - the application must be submitted to the authorized bodies in person. However, there are exceptions to this rule. If a person permanently resides outside the territory of the Russian Federation, he can write an application, have it certified by the consulate and send it to the place of registration. This document will have legal force.

When a person does not live, but does not want to be discharged, he will have to act through the court. We will talk about this in detail below. There is no other way to deregister.

Deceased

In accordance with Resolution No. 713, the death or recognition of a citizen as dead is the basis for deregistration at his place of residence (clause 31 of the Rules). You will first need to obtain a death certificate from the registry office. To do this you must provide:

• statement;
• medical death certificate or court decision declaring deceased;
• passport of the deceased;
• applicant's passport.

A death certificate is issued on the day of application. You don't have to pay anything for this.

After receiving the death certificate, you need to contact the registration authority to discharge the deceased. The application may be accepted by authorized persons of the residential complex, housing cooperative, MFC or HOA. In addition to the application, you must provide the original death certificate. Deregistration occurs within three days.

Minor

A minor child under 14 years of age can be deregistered voluntarily or through the courts. Voluntary withdrawal occurs by filing an application by the child’s legal representatives. If the minor is over 14 years old, he submits the application in person, but with the consent of his legal representative. The application can be submitted at your current or new place of residence.

When deregistering at a new place of residence, you must provide the following documents:

• birth/adoption certificate or passport of the child;
• application for registration at the place of residence;
• general civil passports of legal representatives;
• a document providing the basis for moving in (for example, an extract from the Unified State Register of Real Estate, a parent’s application for housing, etc.);
• consent of the second parent if they live separately.

Information about the child’s new place of residence will be sent to the old address within three days.

When submitting documents at your old place of residence, you must provide:

• birth/adoption certificate or passport of the child;
• application for deregistration;
• consent of the second parent;
• general civil passports of legal representatives.

In some cases, deregistration of a minor is not permitted. For example, in order to discharge a child without the consent of parents or guardians, you will have to go through the court.

If a child is registered in an apartment owned by the parents, deregistration is not possible before reaching adulthood, even if the parents divorce and the child actually lives with mom or dad in another place. This is explained by the fact that the divorce of parents does not legally affect the relationship of each of them with the child.

Remove a convicted person from the register

If the convicted person is not against discharge, he will need to write a statement and provide a copy of his passport. The documents are certified by the administration of the correctional institution. Once he is released, he will have the opportunity to restore his registration.

If the convicted person refuses to be discharged, action will need to be taken through the court. In this case, various legal nuances will be taken into account - the type of housing (municipal or privately owned), the status of the convicted person (owner or not), etc. The presence of the convicted person at the court hearing is not necessary. After receiving a positive court decision, a copy of it is sent to the authorized body.

Foreign citizen

Foreign citizens are deregistered on the territory of the Russian Federation in the following cases:

• death of a foreigner;
• court decision on deregistration;
• leaving Russia;
• change of place of permanent residence.

The procedure and deadlines for deregistering a foreigner do not differ from the standard ones. It is necessary to submit documents to the authorized body. Discharge will occur within three days.

Former spouse

In the event of termination of family relations, the former family member (spouse, if he/she is not the owner) loses the right to use the residential premises (Article 31, Article 35 of the Housing Code of the Russian Federation). Exception if:

• the right to use housing is ensured by agreement between the parties;
• the right to use housing is preserved by a court decision;
• the apartment was privatized, and the former family member did not take part in the privatization, but initially used the living space.

In all other situations, to discharge the ex-husband/wife, you need to act through the court, namely:

• Draw up a notice of the need to vacate the living space and hand it to the former family member. The text of the notice specifies the date of vacating the premises and check-out. It is imperative to obtain confirmation that the notification has reached the addressee. This may be a personal signature on the second copy or a postal receipt of delivery.
• If the former family member does not vacate the premises within the specified period, we go to court. The claim is filed in the district or city court at the location of the apartment.
• The court's decision will come into force in a month. The plaintiff will be issued a writ of execution.
• The writ of execution is transferred to the bailiff service (FSSP). Department employees are obliged to forcibly evict a former family member upon expiration of the period for voluntary execution of a court decision.
• Based on the court decision, the former family member is discharged from the authorized bodies.

Forced eviction involves emptying the apartment of the ex-spouse's belongings and pets. In addition, he is prohibited from using this residential premises.

Owner

There must be a compelling reason to evict a property owner. In accordance with Art. 288 of the Civil Code of the Russian Federation, the owner of an apartment has the right to use it at his own discretion. At the same time, he is obliged to adhere to legal regulations and comply with safety rules.

In case of violation, neighbors or interested parties may demand the eviction of the owner. Deregistration can take place pre-trial and in court.

There is no need to go to court if:

• registration or registration of property rights was carried out in violation of legal requirements;
• the owner died or was declared missing by a court decision;
• the owner is serving a sentence for committing a crime or has been sent to military service (upon return he can restore his rights).

You must go to court if:

• the apartment is not used for its intended purpose (for example, a warehouse was located in the residential premises);
• illegal redevelopment was carried out, which caused a threat to the safety of the entire building;
• the owner maliciously evades paying utility bills;
• the owner violates public order, and his actions threaten the life and health of residents.

Eviction can be carried out by neighbors who suffer from the behavior of the owner, but also by persons living with him.

What documents should I attach?

The claim must be supplemented with a package of documents. The list may vary depending on the specifics of the situation. Usually you need:

1. Statement of claim based on the number of participants in the proceedings. The document will be sent to the defendant for review.
2. The applicant’s identity card and a document confirming the fact of payment of the state fee.
3. A document confirming the presence of ownership of residential property if the owner of the premises applies to the court.
4. Passport for the apartment and an extract from the house register.
5. Evidence supporting the information provided.

A third party may represent the interests of the plaintiff. In this situation, you will need to prepare a power of attorney. When eviction of a husband or wife is carried out, a divorce certificate will be required.

If we are talking about discharging a child, we need documents from the guardianship authorities. In case of violations by the tenant, documentary evidence of this fact will be required.

It is acceptable to provide testimony from witnesses, the conclusion of the SES or the housing commission.

Expert opinion

Davydov Alexander Yurievich

Civil law consultant with 20 years of practice. Author of numerous articles on legal topics

Sometimes it is necessary to collect a debt from a citizen. In this case, a calculation of the amount is attached to the main application. The order of consideration of the case does not change.

Through State Services

To deregister through the State Services portal, you must follow the following algorithm:

• Register or log in to the portal. The service is available only to citizens with a verified account.
• Fill out the application electronically. You will need to enter your passport details.
• Submit an application and wait for a notification about the need to visit the department of the Main Department of Migration of the Ministry of Internal Affairs. The method of receiving notification is chosen by the applicant. This could be an SMS to your phone, an email, or a notification in a mobile application.
• On the appointed day, visit the department of the Main Department of Migration Affairs of the Ministry of Internal Affairs. You must take with you the documents specified in the application. Originals will be required.
• Make a note about deregistration in your passport.

Applying through State Services saves time. You will know what day to come so as not to stand in line. In addition, all documents have already been reviewed - all you have to do is get a stamp in your passport.

Price for deregistration by a lawyer or advocate

Deregistration at the place of residence is a government service that is not subject to duty. In general, you won't have to pay anything.

However, if you go to court with the help of a lawyer or lawyer or a notary, fees and charges for technical services may apply.

The price of a lawyer’s services varies depending on the complexity of each specific case, therefore, to accurately calculate the cost of deregistration, we recommend contacting a lawyer for a detailed calculation.

Grounds for filing a lawsuit

Every citizen living in Russia is required to have a residence permit. It may be temporary or permanent, depending on the circumstances.

A reason is required for deregistration. Most often this is a move, the discharge of a former spouse after a divorce, or the removal of encumbrances from a newly purchased property.

There are frequent cases of fictitious registration for employment in another city. It is better to resolve the issue of discharge without going to court, but the participants in the process do not always agree to an amicable settlement.

The right to deregister is acquired with the consent of the other party or on the basis of a court decision. Forced cancellation of registration at the place of residence is possible in the following situations:

• divorce of spouses;
• impressive debt for housing and communal services;
• gross violations of public order rules;
• misbehavior;
• the person poses a threat to society (placed in a psychiatric hospital or in prison);
• the citizen is not the owner of the apartment and has been living at a different address for a long time;
• the property has officially transferred to another owner;
• the living space is not used for its intended purpose;
• military service;
• death of a resident.

A person can be the full owner of a residential premises or live in it under a social tenancy agreement, but have no grounds for a forced procedure for deregistering a tenant.

By registering a tenant, the owners are protected by law from the fact that the registered tenant may then demand his share of the property. However, the homeowner does not have the right to immediately delete a person from the house register.

Statement of claim for deregistration by the owner through the court

If it is impossible to resolve the issue by other means, you will have to act through the courts. The process of deregistration by the owner is initiated by filing a claim in court to terminate the right to use the residential premises. The defendant will be the person who must be discharged from the apartment in court.

In the case where the defendant is not only registered in the apartment, but actually occupies the living space, the statement of claim contains a demand for eviction. In such a situation, the prosecutor will participate in the trial.

The owner may apply to the court both to terminate the right to use the apartment of a person who received such a right during the period of ownership of the property by the plaintiff, and in the case when the apartment was purchased with persons already living.

The law provides for circumstances that may prevent eviction and deregistration through the court. Thus, the court may refuse to satisfy the claim for a certain period if the defendant does not have the opportunity to live in another place for any reason.

Another common reason for refusal is a situation where the owner pays alimony to the defendant. In this case, the court may satisfy the claim, but on the condition that the plaintiff provides the defendant with other living space.

In addition, the law protects persons who had the right to use residential premises on the date of privatization, but did not take part in the procedure. It is impossible to evict such tenants, even if the apartment has been sold and the owner has changed. An exception will be if residents violate the requirements of the law and by their actions endanger the safety of their neighbors.

Once the claim is accepted, a court date will be set. It is necessary to take part in this event and provide evidence of the circumstances set out in the claim.

The court will review the case materials and listen to the arguments of the parties and interested parties, and then make a decision. Participants in the process will have a month to appeal; after this time, the decision will enter into legal force.

If it is necessary to execute the decision regarding the eviction of the defendant, the owner must request a writ of execution. This document is sent to the bailiff service.

A court decision that has entered into legal force is transferred to the authorized body that carries out registration. Based on this document, the defendant is discharged.

Participation in legal proceedings may require the assistance of a legal professional. In this case, it is necessary to contact specialists who have extensive experience in this matter.

How to file a claim

The statement of claim is drawn up in strict accordance with the requirements of Art. 131 Code of Civil Procedure of the Russian Federation. The text of the document contains the following information:

• identification data of the plaintiff and defendant - full name, residential address, contact information;
• name of the judicial authority to which the application is submitted;
• a concise description of the circumstances of the case;
• claim to court;
• list of attached documents.

If errors are discovered in the claim, it may be returned to the applicant or left without movement. To avoid such situations, you can contact a lawyer to file a claim.

The text of the statement of claim does not always include a requirement for deregistration. The authorized body will do this administratively based on a court decision.

Documentation

The following documents must be attached to the statement of claim:

• an extract from the Unified State Register or a certificate of ownership of residential premises;
• document confirming the loss of the right to use living space (for example, a certificate of divorce;
• notification of vacancy of residential premises with confirmation of delivery to the addressee;
• other papers confirming the plaintiff’s claims;
• receipt of payment of state duty.

All documents are provided in quantities equal to the number of persons participating in the process.

State duty

Appeals to judicial authorities are subject to a state fee. This is regulated by Art. 333.19 Tax Code of the Russian Federation. For a statement of claim for eviction and deregistration, you will need to pay 300 rubles.

A receipt with details is issued by the head of the office. You can pay it at any bank.

How to file a claim

Having received the claim, a representative of the authorized body will check the document for compliance with the established requirements. There should be no errors. If the rules are not followed, the claim will be rejected. Therefore, it is important to act wisely.

A claim can be filed by contacting a lawyer. A specialist will professionally prepare the document. However, you will have to pay to perform the actions.

An alternative is to prepare the document yourself. The method will minimize costs. However, no one guarantees that the paper will be drawn up correctly. To minimize the risk of errors, it is recommended to follow a number of rules. The document must contain the following mandatory information:

1. Name of the court to which the appeal is filed.
2. Information about all participants in the process. It is important to reflect information about the plaintiff and defendant, as well as third parties. You will need to provide your full name, residential address, and information for operational communication.
3. Document's name. Located in the center.
4. Reasons for contacting. It is recommended to describe the current situation. Information should be dry. You cannot be emotional and stoop to insults. It is necessary to provide links to the legislative framework.
5. List of put forward requirements.
6. List of documentation serving as an appendix to the application.
7. Date and signature. The document is drawn up according to the number of participants in the proceedings. It is better to use a ready-made sample.

This is important to know: Consent to registration from the owner of the apartment: sample 2020

Deregistration at the place of stay

The citizen will be considered deregistered at the place of residence upon expiration of the period specified in the registration application. If a citizen was registered at the place of stay in a rest home, boarding house or similar institution, as well as in places of execution of punishment, deregistration occurs after departure.

If a citizen temporarily occupying a residential premises moves out before the time specified in the application, the owner can contact the authorized bodies. To deregister, you will need to write a statement indicating the date of departure. The application is drawn up in any form. Documents can be submitted in person or by mail.

If a citizen registers at the place of residence without the knowledge of the owner, the registration may be subsequently cancelled. To do this, the owner will need to submit an application, drawn up in any form, to the authorized body that carried out the registration of the citizen.

If the fact of fictitious registration is revealed, deregistration occurs on the basis of a decision of the authorized body.

If housing is not privatized

When a resident does not mind moving to another living space, he can independently register in the new place. Thus, it will be automatically deregistered. In other cases, it is possible to discharge a person and deprive him of the right to live in a municipal apartment only through the court.

By law, all employers have equal rights. Each of them has the right to use the residential premises in full. It is impossible to evict an unwanted neighbor from a municipal apartment without good reason.

The reason for eviction may be:

• actual absence of the tenant from the apartment for a long time (more than a year);
• non-payment of utility bills;
• immoral behavior of a resident that violates the rights of other residents.

Action must be taken through the courts. However, the statement of claim will not be accepted if the pre-trial procedure is not followed. A written notice must be given to the person whose eviction is planned. It is compiled in any form. The text must indicate the date of the expected departure of the resident from the apartment and the date of expected deregistration.

Notice may be given in person or by mail. In the first case, you need to put the personal signature of the problem tenant on the second copy, which will confirm the fact of receipt. In the second, a letter is sent with a list of attachments and a notification of delivery to the addressee. A copy of the second copy of the notice with the signature of the recipient or postal confirmation of delivery is attached to the statement of claim when filing a lawsuit.

If the problem tenant does not vacate the premises within the period specified in the notice, he will have to go to court. To do this, a statement of claim is filed according to the rules established by Art. 131 Code of Civil Procedure of the Russian Federation. To avoid the return of the claim, it is advisable to seek help from a professional lawyer.

In common parlance, this formality is also called “extract” or “extract from permanent residence”; the essence of these concepts is the same. The procedure itself has many nuances, knowledge of which will help you avoid delays and resolve all bureaucratic issues in a short time.

Documents you will need

Just coming to the FMS office or passport office to get discharged is not enough. The applicant must also provide the receiving staff with several documents:

• Application for deregistration

This document must be written in person, with the exception of applications from children under 14 years of age and persons whose legal capacity has been limited by the court - legal representatives act for them.

The application form is usually free-form, but at the place where you apply for the service you can always get a sample or a form to fill out. In the text of the application, it is imperative to write legibly and without abbreviations the applicant’s full name, his passport details, as well as the address of departure and the address where the move is being made.

In cases where a citizen applies for the deregistration service at the time of registration at a new address of residence, there is no need to write a separate application. For these purposes, the lower part of the application form for registration is provided.

• Passport of a citizen of the Russian Federation or an equivalent document

Children under 14 years of age will need an original birth certificate. Those who are already 14 years old will need to obtain a passport for discharge and subsequent registration; such a procedure will not be carried out with a birth certificate.

A citizen’s passport should not be expired, it should be in proper form - without handwritten notes or amendments on the pages, the integrity of the sheets should not be compromised.

• House book or apartment card

If a citizen lives in a private house, he will most likely have a house register in his hands. Those living in apartment buildings should not worry about this - all passport officers have apartment cards for the entire housing stock of the locality.

• Departure address sheet

The specified document form is filled out in two copies directly at the authorized body. Few people know that this responsibility is assigned to passport officers or receiving FMS employees. Most often, they force the citizen to enter the necessary information into the form.

• Statistical departure sheet

This document is submitted only by those citizens who radically change their place of permanent residence - travel outside our state. When moving within our country, this document is not filled out. The statistical departure sheet should also be filled out not by the citizen, but by the responsible employee.

• Written consent of guardianship and trusteeship officials for the discharge of a minor child

You will need to bring it if we are talking about discharging a child who is without parental care.

There is no charge for any actions related to deregistration or registration; all actions of employees are carried out free of charge.

Even if not all the required documents have been collected or the conditions for their submission to the competent authority are not met, authorized employees are required to accept an application from the applicant for an extract from the previous place of residence. They do not have the legal right to refuse admission; this is clearly stated in the Administrative Regulations.

When can you start the discharge procedure?

There are 2 options for how you can deregister yourself at your permanent address, they both depend on when the citizen starts the procedure:

• Before changing your residential address. In this option, you will need to go to the nearest passport office or the regional migration service office and declare your upcoming change of residence. You will have to enter all the information into the application form yourself and hand in your passport. After a few days, you will be able to get your passport back with a departure stamp stamped on its pages. You will also be given a departure address sheet, which will be needed for further registration.
• Already after the move. Quite a long time ago, Russians had the opportunity to submit documents for deregistration at the same time as registration at a new address of residence. All that is needed in this case, in addition to having the required documents, is to go to the authorized organization at the new place of residence and write the required applications - for registration and a request for an extract from the previous address. Sometimes this method of submitting documents may take a little longer than the previous option, but in many cases this method turns out to be the most convenient.

Features of the procedure after moving

The convenience of deregistration from a previous place of residence after the fact of moving frees citizens from coming to the passport office or the Federal Migration Service twice a day, because both application forms required for both deregistration and subsequent registration at a new address are filled out and submitted at the same time. This is convenient for those who save their time and nerves.

Formally, the deadline for the extract in this case remains the same as if the citizen applied for it before changing his main address - 3 business days from the date of submission of the application and passport to the authorized body. But in practice, delays may occur if the citizen’s previous address is in another locality or region. This is due to the fact that at the place of previous registration they learn about the citizen’s move only through the postal service, but, as is known, the speed of delivery of correspondence by regular mail in our country is not high enough. Of course, the applicant will receive his passport with all the marks within the period established by law (3 days), but the entry that he has left in the database of the migration department at the address of his previous registration will appear a little later.

The algorithm of actions of FMS employees will be as follows:

• the citizen is registered at the new address where he began to live after moving;
• within just three days from the date of making a record of a new registration, a request for an extract of the interested person is sent by mail to the authorized body serving the address at which the citizen was previously registered.

Due to the fact that this option of changing the main place of registration of citizens requires additional actions from employees of the authorized body, they may deliberately not notify people contacting them that they have the opportunity to simultaneously issue a registration and an extract. But this is very convenient for citizens! In this way, you can halve the time spent visiting the relevant authorities and standing in queues. In addition, you will not have to go to your old place of residence if the move was made to another locality or region.

But it is important to understand that remote registration is possible only if the citizen applies for permanent registration at the new place of residence. If we are talking about registration of temporary registration, FMS employees do not have the right to write out from the previous address “upon request”. If, after moving, a citizen does not intend to register at a new address, he will also be denied an extract “upon request”.

How much to wait? What are the deadlines?

Administrative regulations establish the maximum permissible period for deregistration of a citizen at the address of his previous registration. This procedure is carried out by the authorized body within three working days. This period begins to run when the citizen submits all required documents that are correctly completed.

This period will automatically extend twice as long if the application and documents were submitted through the MFC or passport office. An additional 3 days will be needed to deliver documents to the FMS department for registration actions and back.

In any case, the maximum period of time for carrying out all necessary actions, after which a citizen will be able to receive his passport back, does not exceed 6 days.

When can a citizen be discharged without his consent?

Our legislation provides for only a few situations that allow a citizen to be discharged from his previous place of residence without his direct participation and consent:

• identifying the fact of forgery of documents or their inconsistency with reality;
• illegality of actions of authorized employees when performing registration actions (possible only after the court decision has entered into force);
• the need for a person to leave to serve in the ranks of the Russian army (all information is provided to the relevant authority by the military commissariat);
• serving a sentence by a citizen in places of restriction of freedom (possible only after the date the relevant court decision enters into legal force);
• official recognition of a person as missing (again after the court decision has entered into legal force);
• actual death of a person or recognition of this fact through a court (a supporting document will be required);
• the presence of an official act on the forced eviction of a person from the housing he occupies;
• receipt by the migration service unit of a request from a citizen of the Russian Federation with a request to remove him from the registration register, sent by mail from the state to which this citizen moved (the application must be certified by a notary, consulate or diplomatic mission).

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