Extract through court
Extract from an apartment through the court is permissible in cases where family relationships have been terminated or the user of the living space has voluntarily left the living space. At the same time, the reason for filing a claim in court to recognize a citizen as having lost the right to use the apartment is that the tenant who moved out did not fulfill his obligation to deregister with the Federal Migration Service (passport office). When controversial issues arise about recognizing a tenant as having lost the right to use residential premises, their resolution requires judicial intervention.
How to sign out via State Services yourself
The registered person can independently de-register at any time. And it doesn’t matter who the owner of the property is, his consent is not required for the procedure.
In general, there are no obstacles to the procedure. You can be discharged if you have utility debts, if you have not informed where the citizen will be registered afterwards. So, you can go to State Services and sign out at any time. More precisely, submit an application for deregistration at the place of residence.
If you plan to register in another place, which is why you are filling out an extract, then you can simply register at a new place, the extract from the old one will take place automatically within 3 days.
How to check out of an apartment through State Services:
1. The procedure is performed from your confirmed account. The required section can be found through a search by entering “Deregistration” into it. The system will display suitable sections. In our case, we are talking about permanent registration, so we choose the option of withdrawing at the place of residence.
2. The government service page will open, where the algorithm of actions and what documents are needed (in our case, only a passport) will be described step by step. After reading the information, you need to click on the “Get service” button.
3. An application form opens, which you need to fill out. First of all, the applicant indicates who will be discharged. In our case, he himself. Below, the system itself registers the citizen’s data, which is already in the account on State Services.
4. Next, the system will ask you to indicate your current registration address and a new one, if known. If not known, you can mark “no” and not indicate anything.
5. Indication of the reason for discharge. In this case, it is necessary not only to note the reason, but also to indicate its basis. It is convenient that the basis document is immediately indicated by the system. After selecting an option, a field will open where you need to enter data.
6. Next, the system will ask you to answer some questions. Whether the applicant is a citizen of another state, whether he previously had another citizenship, information is needed about the place of employment, social security, education, marital status, etc. Just fill out all the fields of the online application.
7. The next step is to select a department of the Ministry of Internal Affairs where it is convenient for you to go to complete the discharge procedure through State Health Insurance. You indicate the region of your location, the system opens a map with branches available for selection. You can choose any convenient one.
8. After specifying a convenient department of the Ministry of Internal Affairs, the system will indicate detailed information about it and its work schedule. If the registration form for a specific date and time does not open, it means that the reception is being carried out in a live queue mode.
Finally, the applicant agrees to the processing of the provided data and submits the application for consideration. You can track his “fate” in your personal account on State Services.
Extract from a cooperative apartment
In accordance with Art. 19 of the Federal Law of December 29, 2004 N 189-FZ “On the implementation of the Housing Code of the Russian Federation” the effect of the provisions of Part 4 of Art. 31 of the Code on not retaining the right to use residential premises upon termination of family relations with the owner of the housing does not apply to former family members of the owner of the privatized residential premises, provided that at the time of privatization of this residential premises, these persons had equal rights to use this premises with the person who privatized it, unless otherwise provided by law or agreement.
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How can an owner remove a person from an apartment?
It’s good if the “tenant” agrees to be discharged and will carry out this procedure himself through the same State Services or another convenient method. But it happens that the registered person does not want to be deregistered, then the owner needs to take some actions.
Unfortunately, it is impossible to discharge a tenant from your apartment through State Services. If the tenant does not want to be deregistered using the standard method, he will have to go to court. If that citizen does not live in the apartment or is not a family member, the court will side with the plaintiff and make an appropriate decision. Having received the decision in your hands, you need to contact the MFC or the department of the Ministry of Internal Affairs and issue an extract.
If that person has no other place to stay, the court may delay the discharge. That is, give a deferment on eviction for up to 1 year. It is believed that during this period the citizen must resolve his housing issue, and he can be safely discharged. But if we are talking about a minor, difficulties may arise and the involvement of guardianship authorities will be required.
Procedure
It is not difficult to discharge a tenant from privatized housing. Difficulties may arise only with a municipal apartment.
The owner is not required to be present during this procedure, that is, the person independently goes through the process of deregistration.
No title deed is provided. The application is reviewed within three working days.
If for some reason the tenant cannot be present during the deregistration procedure, he has the right to do so by proxy. The power of attorney is drawn up and notarized.
Discharge of a person on a voluntary basis is carried out as follows:
- A tenant who has agreed to be released from the apartment must visit the passport office that serves the territory of residence.
- An application is filled out (Form 6), which indicates the address of the future place of residence, and together with the passport is accepted by authorized employees.
- A state fee is payable.
- At the appointed time, you must come back to the regional passport office (FMS) and receive a passport with a deregistration stamp and a departure slip.
According to the law, if a person simultaneously with deregistration
is registered in another apartment
or home, he can contact the passport office at the address of his new residence. There he is registered, thereby automatically being discharged from his old place of residence.
This process takes up to one month.
In addition to the passport and military ID, FMS employees are provided with a document confirming ownership if the tenant is discharged to a personal apartment or house.
The Housing Code defines municipal real estate as the property of the state or municipality. A tenant can be discharged from such an apartment with his consent or by court decision.
The grounds for deregistration can be considered:
- no rent or utilities for six months or more;
- regular violation of public order;
- damage to property or the apartment itself;
- inappropriate use of housing;
- absence of residents for quite a long time.
When people get divorced, some of them lose the right to use housing. In this case we are talking about ex-spouses, fiancées, and sons-in-law. The homeowner files a claim in court with a request to discharge the former family member. The application is supported by relevant documents.
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Going to court does not mean that a decision will be immediately made to remove the tenant from registration. The fact is that such a decision cannot be made in relation to the owners of the property or its co-owners. Also, such a decision is not made in relation to a minor. Typically, such disputes drag on, so it is advisable to hire a good lawyer.
The procedure for deregistering a person without obtaining his consent will look like this.
First, you will need to draw up a statement of claim. The basis for this may be the following factors:
- Eviction of a former relative or spouse from the living space;
- Termination of the right to reside in this housing;
- Eviction and deregistration of a person.
You will need to add to the application:
- Identity document of a citizen of the Russian Federation;
- A document confirming the ownership of residential premises;
- An agreement on the basis of ownership of premises, which can be a will (in case of inheritance of housing) or an agreement of exchange, donation, purchase and sale.
Certificates and documents confirming the right to discharge the tenant - for example, certificates of utility payments, divorce certificate, and other papers that may be relevant to the case.
Any other documents confirming the fairness of the plaintiff’s claims may be taken into account, and witness testimony may be taken into account.
We will provide the procedure for checking out of an apartment without consent in the form of brief instructions. Some kind of guide to action. Let's start with general questions.
Registration and cancellation are handled by the FMS. Therefore, you need to contact the branch of this organization on whose territory the housing is located.
This, first of all, concerns the owner, but only if he has grounds to discharge the person himself, without court intervention.
How to deprive a non-owner of registration without consent without a trial? We already talked above about when he can cancel the registration of a tenant himself. The features of the extract are discussed below.
We will only talk about those documents that need to be submitted to the court, since the law does not provide for other methods of eviction from housing without consent.
Although the legislator has allowed the owner to independently resolve issues of registration/extract, in practice they are resolved, in most cases, in court.
To carry out forced cancellation of registration, we will need a package of documents, which includes:
- statement of claim. Please note that the court does not deal with discharge. He can only stop using the housing;
- documents for housing. Lease agreements, certificate of ownership;
- utility bill receipts;
- witness or other evidence of a citizen’s antisocial behavior;
- certificates confirming the availability of other housing;
- certificate of those registered in the specified dwelling;
- receipt of payment of state duty.
Please note two important points:
- It is impossible to discharge a person from an apartment without the consent of a person anywhere. If he has no other housing, then the owner is obliged, in this case, to provide the evicted person with equivalent housing.
- Utility debts must be paid before check-out. Otherwise, it will have to be paid to the property owner.
Such issues are considered by the magistrate court. Appeals against the claim are filed with higher judicial authorities.
The claim is accepted for consideration within 5 days. A decision on it is made within one to two months. The established fee will be 200 rubles.
But we must take into account that it is charged in this amount if the claim is brought against one defendant. If there are several of them, then the duty is paid for each separately.
The full cost of all costs cannot be deduced, since it will also include the cost of making copies of documents and notary services. And their prices vary depending on the region of the country.
After cancellation of registration, the person discharged will be given a departure slip.
In what cases can a person be discharged without his permission, and in what cases not? Please note that the owner can, at his discretion, sign out everyone registered in his apartment.
But only those citizens who were registered after the property was transferred into ownership.
These people can only be deregistered through a court in accordance with the established procedure.
Only the owner of the home can cancel a person’s registration. In the case of a non-privatized apartment, the municipality or its representative, in this case the tenant, but only through the court.
The owner of the property can only be evicted if he has lost his title. Transferred, sold, donated and the like.
A child can only be evicted in this case. If after the move his material and living conditions do not worsen. His discharge requires permission from the guardianship authorities. If the child is the owner of the home or part of it, then he cannot be evicted.
How can the property owner sign a pensioner out of an apartment without his consent? If a pensioner is recognized as a family member, then he can only be removed from the register through the court and provided with equivalent housing. If he doesn't have it.
If it is an outsider, and also registered after privatization, then it can be removed from the register by the owner. In this case, it is not necessary to provide him with another living space.
The couple divorced, the apartment was purchased by one of them before marriage. In this case, the second spouse can be deprived of registration without problems on the basis of the Housing Code, Article 31.
If real estate was acquired during marriage, then it is fashionable to evict one of the members of the former family only if there are the above grounds, debt, hostile relations, etc.
As you can see, even from our far from complete review, deregistration without consent is not a simple process. It has legal subtleties and complexities.
Therefore, God forbid, if you have to deal with this matter, it is better to contact an experienced lawyer, lawyer and study judicial practice. This way you will be able to carry out the discharge without hassle, in the shortest possible time and without difficulties.
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Power of attorney: registration
If you do not have the opportunity to deregister yourself, issue a power of attorney. Based on this document, you can deregister a person or register him without personal presence.
It is not difficult to make this document, but compelling reasons will be required to carry out these procedures without your participation.
We invite you to familiarize yourself with: Memo about the employee’s inadequacy for the position held, sample
Do not rush to issue a power of attorney. First of all, consult on this issue with the authority that deals with the registration and deregistration of citizens.
In addition to the power of attorney, the passport of the interested person will be required for registration.
To correctly draw up such a power of attorney, you need to find a sample of it. It is available on various sites on the Internet or in the authority that deals with issues of registration of citizens.
Please note that not every service enthusiastically responds to a request to register or write out a person by proxy. This is due to the increasing incidence of fraud in residential real estate. Often this is the method used to try to discharge “unnecessary” residents. There is no particular difficulty in preparing documents for discharge, which is what “enterprising” citizens take advantage of.
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