Statement of claim for discharge from a private home

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.

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.

How long does it take to write out without a house register?

According to Decree of the Government of the Russian Federation No. 713 of July 17, 1995, the process of deregistration lasts no more than three days, after which a corresponding stamp will appear in the applicant’s passport. Registration at your new place of residence will take another 11 days. However, if you use the services of an intermediary, the whole procedure will take a week.

In the case of an extract from a house without a house register, the help of a lawyer may be required. You can get it on our website in the appropriate section. The first consultation is free.

As practice shows, even if a citizen does not have a house register, he can be discharged. The exception is cases when the owner of the property is removed from the registration register. In any situation, you need to stay calm and defend your rights, including seeking the help of a lawyer.

Is it possible to leave the house without the owner, without the owner?

If permission from the owner of the property is required to obtain registration, then when leaving a private house this need disappears. A citizen must contact the authorized body with the required papers and fill out an application for deregistration.

One of the required documents is the house register. What should be done if the homeowner refuses to hand over the house register? You can automatically deregister by submitting an application for registration at a different address.

If employees of the Department of Migration Affairs of the Ministry of Internal Affairs of the Russian Federation refuse to accept your application for deregistration, citing the fact that the owner’s consent is necessary, then require them to refuse in writing and contact the supervisory authorities.

Is it possible to extract if there is no house register?

According to Art. 7 Federal Law No. 5242-I dated June 25, 1993, deregistration of citizens at their place of residence is carried out on the basis of an application submitted by them to the Migration Department (formerly the passport office). According to the law, in addition to the application, you will also need to provide a passport of a citizen of the Russian Federation.

However, there is no information about the need to provide a house register for deregistration. If the citizen registering is not the owner of the property, it is illegal to demand a house register from him. However, when submitting an application through the HOA, a document will be required - the relevant changes will need to be written down in it.

What does it take to leave home?

Russian regulatory documents establish that for each residential building it is necessary to create a house register and, throughout the entire period of its operation, take into account information about each of the residents. To cancel registration in a private house, you need to submit a house book to make an entry in it about the departure of the registered citizen.

If the owner of the house does not need this entry in the book, he may not give it when checking out, but make them later by contacting the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation.

The form is purchased by the owner of a private house, who is also its custodian. The registration of the house register is carried out by employees of the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation. They stitch it and certify it with a seal. The document is issued in the following cases:

• when putting the house into operation;
• in case of loss;
• in case of damage to a previously issued book.

Canceled or completely completed house books are not submitted to the city archives. Only the owners of residential buildings are responsible for their storage. The law does not establish a fine for the loss or damage of these documents.

How to check out of a house without an owner?

The presence of the owner of a private house is not necessary if the applicant simultaneously registers in another residential area. This can be done through the MFC, and through the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation, and through the Internet portal “Public Services”.

When visiting the authorized bodies, you will need a civil passport of the Russian Federation, documents for the right to own the living space, or permission from the owner certified by a notary, or the personal presence of the owner of the living space.

To register at another address, you must fill out the form “Application for registration at the place of residence.” It contains the following information:

1. Name of the territorial department carrying out registration.
2. Information about the applicant.
3. Former residence address.
4. Full name of the owner of the premises, series and number of the certificate of ownership of the real estate.
5. Address of the new living space.
6. Passport and SNILS details.
7. Signature and passport details of the owner of the premises.

Simultaneously with this document, an application for termination of registration is filled out. It must indicate:

1. The name of the department of the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation, responsible for maintaining records of the residence of citizens in this territory.
2. Personal information.
3. Passport details.
4. New address.
5. The name of the territorial body responsible for registration at the previous place of residence.
6. The address of the accommodation from which you need to check out.
7. SNILS number.
8. Signature of the applicant and date of preparation of the document.

The deregistration procedure is completely free. Depending on the institution to which the documents were submitted, the period for providing the service is:

• passport office at the Housing Office - 1 week;
• Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation, Internet portal “State Services” – 3 working days;
• MFC – 2-3 weeks.

How to check out of a private home through State Services?

To receive a statement using the Internet, you need to do the following:

1. Visit the Internet portal “State Services” and go to your Personal Account.

   

2. Enter your login (mobile phone number or email address) and password.

   

3. In the menu, select “Service Catalog” and find the category “Passports, registrations, visas”.

   

4. Click on the “Citizen Registration” icon.

   

5. Choose .

   

6. Click on the “Get service” rectangle.

   

7. Fill out the form that appears. It must indicate:

• personal information;
• passport details;
• Place of Birth;
• address of the premises from which you need to check out;
• new registration location (if available);
• the reason for termination of accounting;
• information about second citizenship (if any);
• reason for relocation;
• information about your current place of work;
• type of social security (pension, benefit);
• education, marital status;
• Department of Internal Affairs of the Ministry of Internal Affairs;
• consent to the processing of personal data.

  

1. At the end of the page, click on the “Submit” button.

   

The duration of the electronic service is 3 business days, it is provided free of charge. After processing the information, you will receive a message (SMS, email, notification in a mobile application) stating that on the appointed day you need to visit the nearest department of the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation.

You must bring with you all the original documents that were specified in the online application. As soon as the specialist verifies the provided papers with the electronic data, a note indicating deregistration will be placed in the passport.

What documents are needed to leave home?

To terminate registration, you must bring the following papers to the authorized body:

1. Internal passport of the Russian Federation for citizens over 14 years of age, birth certificate if the children being issued are not yet 14.
2. A completed application using unified form No. 6. The sample and form can be obtained from the UVM department or downloaded from the link below.
3. Home Book.

If you plan to immediately obtain registration at another place of residence, you should additionally provide:

• written consent from the owner of the premises (his personal presence or permission for registration certified by a notary is also required);
• original certificate of ownership of the property;
• application form No. 6.

When checking out from a private home without obtaining a new residence permit, it should be taken into account that Russian citizens are given only 7 days to register upon arrival at their new place of residence. Otherwise, an administrative penalty may be imposed on you; you can read more about the time frame within which you must register after discharge by following this link.

Sample application for deregistration using Form No. 6

Ways to check out without a house register

Situations in life are different. It happens that a person has long moved to a new place of residence and wants to check out, but there is no house register in hand. It happens that a document is lost. Let's consider all the options by which you can deregister without providing a house register.

Using automatic checkout

In cases where a citizen decides to change his place of residence, he may not provide a house register if he uses this method. To start the procedure, you need to submit two applications to the Department of Internal Affairs and hand in your passport there. All you have to do is come on the specified date and pick up an identity card with the desired withdrawal stamp and registration.

In the application for an extract using Form No. 6, you must indicate the following information:

• the name of the department to which the application is being submitted;
• personal data of the applicant;
• address of previous and new place of residence;
• passport details;
• signature and date of application.

The second application for registration indicates the same data, plus documents on ownership (extract from the Unified State Register of Real Estate). Along with two applications and a passport, you will need to submit to the Department a birth certificate for children under the age of 14, an extract from the Unified State Register and a departure sheet.

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In this case, the old house register will not be needed - you will be discharged without it. The provided data will be transferred to the Department of Internal Affairs at your previous place of residence, and all you have to do is enter an entry in the new house book about your occupancy.

Generally accepted statement

The first method is being used more and more often, but the citizen has the right to act the old fashioned way. To check out of home without a house register, you need to personally contact the UVM office or the “My Documents” intermediary. You can also submit an application through the HOA, but in this case they may require a house register or a document confirming the absence of arrears in paying utility bills. Therefore, it is better to contact the passport office directly.

To check out of home, follow these steps:

• write an application for discharge using Form No. 6;
• take it and your passport to the Department of Migration Inspectorate;
• visit the institution again at the specified time;
• take the completed departure sheet (make sure it is stamped).

You left home without providing a house register.

Application form No. 6 can be obtained at the place of application. In this document you need to provide the same information as in the automatic method. No other documents other than a passport will be required. The requirement to provide a house register in this case is illegal. If an employee breaks the law, threaten him with a complaint to the head of the department. As a rule, a careless official will try to evade conflict and administrative responsibility and will meet you halfway.

Arbitrage practice

Most of the civil cases heard in the courts involve the eviction of tenants from the premises they occupy. It is almost impossible to determine in advance which side justice will ultimately be on, since each case is individual.

Sometimes, when buying a private house, as a “bonus” you get a registered tenant, who can live in the premises at the time of the transaction or may not cross its threshold for many years. Based on the purchase agreement for the building and the house register, the new owner has every right to go to court with a statement of claim. If it is determined that the tenant can no longer be registered after the sale of the house (that is, he has lost the right to use the housing), then he will be discharged without fail.

Court cases regarding the eviction of relatives from a private home who are not its owners are also often considered. If during the meeting it turns out that an unwanted relative at the time of privatization of housing voluntarily refused to take ownership rights in favor of another family member, then no court will decide to discharge this person. Based on the law, a person who renounces ownership in favor of a relative acquires the lifelong right to be registered and live in the house.

If the need arises to evict a relative from a private home who has been living in a completely different place for a long period of time, you can file a claim with the courts. A positive verdict on discharge will be issued if the tenant is recognized as having lost the right to use the living space. The evidence includes the long-term voluntary absence of a relative, his residence in another place, as well as confirmation that he did not pay for utilities during this time. If a relative was in prison or in the army, then he can be discharged, but upon his return the owner will be obliged to return his registration to him.

In what cases is an extract through the court necessary, and the procedure for such an extract?

If the application is submitted by the deregistering person himself, they cannot refuse to deregister him, but there are situations in which owners forcibly deregister residents, which is done through the court:

• after a divorce - if one of the spouses, not having the right to living space, refuses to move out;
• there is a debt of the inhabitant of a private house to utility organizations (refuses to pay for more than 6 months);
• stay in prison and military service (if there are no certificates about this);
• use of living space for purposes other than its intended purpose - for commerce, animal breeding, brothel;
• damage to a private home, especially if the property belongs to the Municipality - destruction of utilities, walls, etc.;
• immorality of lifestyle (drunkenness, rowdyism, drug addiction, scandals), which disturbs the peace of other residents of the house or neighbors;
• for 12 months or more living in another place.

It is impossible to expel the property owner from the house even through the court.

To resolve the issue of eviction, you must write a statement of claim () and submit it to the reception office of the district court.

Interesting article: Features of checking out of an apartment through the Multifunctional Center

Additionally, other documents are attached (depending on the situation) - a certificate of divorce, a certificate from the City Administration about the tenant’s offenses, an extract from the housing office, etc. The cost of the service is 300 rubles.