Temporary registration in a rented apartment
To register a minor child, the consent of the citizens living in the apartment is not required. Registration at the place of stay and place of residence of minor citizens with parents (adoptive parents, guardians, trustees) living in residential premises owned by other citizens is carried out regardless of their consent. This is reflected in the Decree of the Government of the Russian Federation dated July 17, 1995 No. 713 “On approval of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation and the list of officials responsible for registration.”
Registration and payments
Many people are interested in the question: does temporary registration affect utility bills? Yes, and quite significantly. If the apartment has meters, then the consumption of water, electricity and gas, and, accordingly, utility bills may increase. You will have to pay the bills the same way as before, but the costs will be clearly higher. And even without meters, the payment may increase due to the fact that the number of registered people in the apartment has increased. It may also be a surprise if minor children are registered after their parents.
In order not to suffer from whether the rent increases, you can shift the cost of paying for utilities to tenants or other registered people. Another way to save money is to submit an application at your place of registration (permanent) stating that you have already paid for services at another address. In this case, the increase will not occur, since a recalculation will be made. Temporary guests do not affect the calculation of subsidies.
Read also: Who is registered at a specific address: where and how you can find out the necessary information
As you can see, temporary registration and utility bills are inextricably linked. When asked whether the rent will increase during temporary registration, you need to answer positively, but the amount of the overpayment will depend on how actively your tenants consume utilities.
Resident registration
Documents for registration in an apartment submitted within ninety days from the date of residence; the registration procedure itself takes 8 working days and to obtain registration you must come to the reception in person (you must have a certified signature). Categories of citizens have been identified who do not need to register at all, regardless of how long they live at an address different from that indicated in the certificate of registration at the place of residence.
We recommend reading: Civil Code of the Russian Federation Article 609
Temporary registration under a residential lease agreement
Russian legislation obliges citizens to register at their place of residence, provided they live at an address other than their registration for 90 days.
Moreover, a citizen can register both in the apartment of relatives and friends, and in rented housing.
A residential tenancy agreement is commonly referred to as a lease agreement. Although this name is not entirely correct from a legal point of view. If an apartment is transferred for temporary use to an individual, then a rental agreement is concluded. If the tenant is a legal entity, then we are talking about a lease agreement.
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Each owner of an apartment has the right to freely dispose of it at his own discretion.
He has the right to sell it, donate it or rent it out. In the latter case, he is obliged to conclude a rental agreement with the tenant.
The provisions of the tenancy agreement protect the rights of the parties and fix their responsibilities. Thus, the rental agreement for residential premises stipulates such important aspects of the relationship between the owner and the tenant as the validity period of the rent, the amount of the monthly rent and other points, and, if necessary, the possibility of obtaining temporary registration.
The law allows for the possibility of renting out housing without officially registering a tenant in it in the following cases:
- if the housing is rented by his relatives;
- the tenant lives in the apartment for less than 90 days.
Otherwise, the tenant is obliged to inform the FMS about the address of his actual residence and register a temporary registration at the address of the rented apartment.
Registration of temporary registration in a rented apartment is carried out in the standard manner. The only thing that needs to be taken into account is the need to submit, as part of the set of documents, the written consent of all apartment owners for the temporary registration of a certain person at the place of residence.
The owner of a residential premises may not register a tenant if he lives there for a relatively short period of time: less than 90 days. Migration service employees have no right to carry out registration actions without his consent, even if the tenant has a signed lease agreement in his hands.
If a tenant lives in a rented apartment for more than 3 months, then the owner is obliged to take measures to register the tenant with the Federal Migration Service. Otherwise, he commits an administrative offense, which is punishable by a fine of 2000-3000 rubles.
Although in practice it is very problematic to prove the fact of a tenant’s residence for a long time and it is not easy to hold the owner accountable.
The lease agreement may stipulate the owner’s obligation to provide written consent to temporary registration. But you don't have to do this.
In the absence of this clause, relations between the parties will be regulated in accordance with the norms of the Civil Code and the AIC, which state the obligation of the owner of the living space to temporarily register a tenant, provided that he has lived in the apartment for more than 90 days.
Registration of temporary registration has certain pros and cons for the owner.
The positive aspects for the owner include the absence of potential problems with the law. If the tenant is registered in the apartment legally, then he does not have to worry about possible penalties from tax authorities or migration service employees.
Many owners are reluctant to register their tenants due to fears that they will eventually lay claim to the property. In fact, such fears are unfounded. Temporary registration does not provide any legal grounds to claim housing, but only secures the right to legally reside in a given living space.
The tenant will not be able to apply for the apartment, even if he invests money in its maintenance and repairs. Ownership rights can only arise as a result of concluding a purchase and sale agreement or registering a deed of gift. They do not arise under a lease or rental agreement.
Of course, temporary registration is not without its disadvantages:
- The size of the utility fee will increase (although usually the responsibility for paying it is shifted to the tenant).
- If a tenant takes out a loan and does not repay it, then collectors will visit the debtor at his registered address.
- All fines from the traffic police will be sent to this address.
- If the tenant is liable for military service and evades military service, then the military registration and enlistment office employees will look for him at the specified address.
Having official registration at the place of residence has many advantages for the tenant.
Thus, he has access to a wide range of government and commercial services: the right to receive medical services in a clinic, educational services in a school or kindergarten, obtaining a loan and obtaining insurance, employment, etc. Thus, the presence of temporary registration can significantly improve the quality of life tenant and eliminate a number of administrative barriers.
More on the topic Statement of claim for eviction of temporary tenants
There will probably be virtually no disadvantages for a tenant from obtaining a temporary residence permit. This procedure is free for him. At any time he can terminate the temporary registration. At the same time, his permanent registration is not canceled and remains in force.
Disadvantages may arise for residents if they have problems with regulatory authorities, since, if necessary, tax authorities or bailiffs can easily find them at their place of actual residence.
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Temporary registration in a rented apartment
Having quoted part of paragraph 9 of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation and the list of officials responsible for registration, you forgot to include that paragraph that lists the documents necessary for the place of stay, including which indicate a certificate of state registration of the right to residential premises or an application from the person providing the citizen with residential premises.
Deadlines and procedure
Unlike the registration procedure at the place of residence (which may not be carried out for 90 days), in case of a change of permanent residence, a citizen must submit an application within seven days, providing along with all the necessary documents.
We invite you to read: Notice of termination of an employment contract due to redundancy
It is also possible not to present the document that constitutes the basis for moving into the residential premises, but this can only be done if the information that is indicated in it is already at the disposal of state authorities.
In such a situation, the body that registers citizens independently sends a request to receive the required document, after which it registers the citizen within eight days from the date of submission of the application.
Temporary registration and individual entrepreneurs - the law does not prohibit engaging in entrepreneurial activities, provided the registration period is at least 6 months.
How you can obtain temporary registration for 5 years, read the article at the link.
You can learn more about the procedure for obtaining temporary registration from this article.
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Wives to husband
Registration in a rented apartment: studying the rights of a tenant
It would seem that the process of registering in a rented apartment is quite simple, but in reality everything is not so easy. As experts advise, it is best to decide on the possibility of temporary registration in a rented apartment with its owner before concluding a rental agreement. By the way, the tenant of the apartment may demand to include a registration condition in the contract, because according to the law he can appeal against the actions of the owner who violates the right to choose a place of residence and stay within the Russian Federation. Theoretically, a citizen who is interested in renting an apartment can appeal to a local court with demands to oblige the owner of the property to assist in registration. Therefore, it is best to agree in advance. You can, for example, attend a legal consultation, in which the owner of the apartment can make sure that no one will deprive him of his property as a result of the temporary registration of the tenant.
Registration at the place of stay in mortgaged housing
A separate point is temporary registration in a mortgaged apartment. Buying a home using mortgage lending always involves keeping the apartment as collateral until the debt is fully repaid.
In this case, there are restrictions imposed by the bank or other credit institution that holds the apartment as collateral.
Such an encumbrance limits some of the owner's rights. Although the Civil Code of the Russian Federation and the Housing Code of the Russian Federation are in conflict with this situation, there is a possibility of being refused temporary registration on the basis of the apartment being under mortgage.
The refusal to issue temporary registration is disputed in court in the case where the restriction on any form of registration of third parties in the apartment is not expressly provided for by the terms of the mortgage agreement.
Some facts
The new edition of the registration rules provides for the possibility of applying to the FMS by mail or via the Internet (through the public services portal).
The relevant articles state that a citizen can live in an apartment on the basis of an agreement for free use, a rental agreement or as a result of the existence of other legal reasons.
The owner will break the law if he prevents the registration of a tenant who has been living in the premises for more than 90 days.
Liability is inevitable if an apartment rental agreement has been concluded and properly registered with the tenant.
The owner of the apartment may be punished with administrative fines, forced labor, and even imprisonment if the inspection reveals unregistered citizens.
If citizens living without registration have permanent registration in the same locality or are relatives of the owner, the owner of the living space is not held accountable.
The law states that property cannot pass to a citizen only because of his registration.
The main risk for the owner when registering tenants for his living space is an increase in utility bills if the apartment does not have appropriate meters.
Still, the apartment owner must be aware of the latest additions to the law.
The temporary registration procedure can now be completed remotely using the Internet.
All that remains is to enter the address of the property owner and his full name. After this, the owner receives notification of newly arrived residents.
If the owner is against registration, then he simply applies to the relevant authorities with a request for cancellation - the temporary registration will be immediately canceled.
Frequent reasons for going to court regarding temporary registration:
- registration of temporary registration without the consent of the owner or absence of final
- registration deadline dates in documents;
- refusal of voluntary eviction;
- immoral behavior of temporary residents or unwillingness to pay utility bills.
Registration at the place of residence is carried out either in the divisions of the Federal Migration Service or in the administration authorities (in small localities). The package of documents for registration in a municipal apartment depends on who is registering and on what grounds. The deadlines for processing documents may vary:
- 3 days if documents are submitted to the Federal Tax Service;
- 6 days when submitting documents to another authorized body.
It is easiest for an employer to register. Passport, social lease agreement, military ID (if there should be one). The issue of registering a wife with her husband in a municipal apartment is not much more complicated. more on this later.
Wives to husband
In this situation, in addition to identification documents, a marriage certificate will be required. The spouses must carry out the registration procedure together; the registration authorities will certainly require the presence of both of them, as well as personal signatures on the documents.
Next, we will talk about the possibility of registering a child or other relatives in a municipal (non-privatized) apartment.
Parents have the right to register their child without the consent of the landlord, tenant and members of his family. All you need is the parents' registration documents, plus the mother's or father's passport and the child's birth certificate.
You can register your parents without any problems. In other cases, restrictions are possible. There are several situations when additional permitting documents are required for registration; more on them below.
It's time to talk about registration in a municipal apartment through the court.
