In what cases can the court discharge a person from an apartment to nowhere?

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 through the Internet portal "State Services"

There are several ways to discharge a tenant from an apartment without his presence:

• Registration at a new address;
• By proxy;
• By the tribunal's decision.

There may be different reasons why a person cannot appear at the migration service and be discharged.

1. Moved to another city;
2. Seriously ill;
3. Declared missing or dead;
4. Called up for military service;
5. Sentenced to serve time in prison;
6. Lost the right to use residential premises by court decision.

If the tenant is located outside the Russian Federation, he can contact the migration service by mail with an application for deregistration.

Each situation involving the discharge of a resident without his or her consent is individual and requires careful consideration.

If a citizen does not live at his place of registration for a long time and it is not possible to find out his whereabouts, other tenants are not exempt from paying for housing, and few people will like this.

Sometimes the discharge procedure must be completed in order to complete a real estate transaction.

Forced discharge is considered a last resort and is carried out on the basis of a court decision.

Housing can be in a different status - be privatized, used by a citizen under a social loan agreement. The deregistration (registration) of citizens will be decided in accordance with the legislation of the Russian Federation.

If a person does not want to leave the apartment on his own, he will be discharged without consent. This can be done through the court.

File a statement of claim in court. The following documents must be attached to it:

• passport of a citizen of the Russian Federation,
• papers confirming the right of ownership of housing (certificate, extract from the Unified State Register of Real Estate),
• papers indicating the method of acquiring the right to housing (will, deed of gift, purchase and sale agreement, etc.),
• other documentation directly related to the case (extracts from personal accounts, document on divorce, etc.).

Make sure that there are witnesses and that they agree to speak at the hearing (if necessary).

If you have moved to another city and want to register at your new place of residence, then there should be no difficulties with registration. These two procedures can be done simultaneously.

Important! The following must be submitted to the registration authority at the new place of residence:

• documentation for new housing (sale and purchase agreement, will, lease agreement, etc.),
• consent of the owners of the housing where you are registering (if you are renting it),
• consent of the responsible tenant, if the housing is the property of the state.

Please note that in this case we are talking only about permanent residence and not about temporary registration.

If you register and deregister at the same time, then in the application for registration you need to fill out the lower part, which concerns deregistration at your previous place of residence. The state fee is not paid upon discharge.

Registration period after discharge.

Within three days you will be deregistered at your old address and registered in another city at a new address. The passport contains a note about the extract and registration at the same time.

Your application for discharge is sent to the Federal Migration Service at your old place of residence. Sometimes a person needs an extract, but he is in no hurry to register.

Today you can use the Internet service “Gosuslugi” to go through the deregistration procedure.

To do this you need to take the following steps:

1. Visit the portal “Electronic government: public services”.
2. At the bottom of the main page of the site, click on the tab “All services (by department)”, and in the window that appears - “Federal Migration Service”.
3. In the pop-up window, select the item - Registration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation.
4. Select “Removal of a citizen from registration”, in the case of permanent registration – the “Residence” item, and temporary – “Stay”.
5. Click the button on the right - “Get a service”.
6. Read and sign (check the box) the agreement for the processing/storage of personal data.
7. Fill in your personal information, click “Next”.
8. Select the territorial branch of the Federal Migration Service that serves your area of ​​residence.
9. Select how you will receive notification and click “Submit Application.”
10. You will receive a notification within three business days and will be required to visit the passport office in person with the original documents.

The application has been submitted, what next?

There is good communication between the State Services portal and the department, so the application is promptly sent to where it is needed. Now you need to track the status of the application in your personal account or the mobile application of the state portal. As soon as the request is processed, a corresponding notification will appear - it will also be duplicated by email address.

The applicant will receive information that he can go to the selected unit of the Ministry of Internal Affairs; he must take his passport with him. The employee will check the passport data and those indicated in the online application for an extract on the State Services. If everything is in order, the corresponding stamp is affixed to the passport.

The extraction procedure is free for citizens; there is no need to pay state fees. The period for providing public services is 3 working days.

How to protect your rights

Important! Please pay attention to the following aspects:

• When a relative does not permanently reside at the actual registration address, it is necessary to prove in court the existence of another residential premises that belongs to him by right of ownership or other rights. This fact is usually confirmed by testimony,
• In the case where a relative pays utility bills late or does not pay at all, you should first divide the personal accounts, and then go to court when the debt appears, or wait until the HOA independently goes to court with claims for eviction,
• When a relative regularly violates the rules of living in a residential building, you should stock up on witness data, as well as documents drawn up by authorized bodies, for example, the police,
• If, as a result of living, a relative damages the owner’s property, then first it is necessary to notify him that this threatens him with eviction, and if such a move does not help, then the owner has the right to apply to the court with a statement of claim.

Thus, it becomes obvious that the owner of a residential premises, if there are legal grounds, has the right to deregister his relative.

The discharge can also be carried out on a voluntary basis, only on the basis of an application from the person being discharged to the authorized body.

Watch the video. How to expel your ex-spouse from your own apartment?

If you need to discharge your child

Another question is if we are talking about discharging a child. The application can also be submitted through State Services, but there are a number of nuances. For example, if a child is under 14 years old, he must be registered with one of the parents. That is, it is impossible to register him, but it is impossible to leave the parent (or he needs to be registered with another parent).

It is impossible to discharge a minor anywhere, the only exception is discharge by court decision. Therefore, you must immediately indicate where the child will be registered (necessarily at the place of registration of any parent). Plus, the consent of both parents is required.

The procedure for discharging a child through State Services:

Everything happens similarly to the algorithm of actions indicated above. Only at the very beginning of the application you need to indicate that you are talking about the discharge of your own or a supervised minor child.

The system will ask you to provide the child's details. You need to enter his full name, date of birth and information about his identity document. This may be a birth certificate or passport if the child is over 14 years old.

You can immediately indicate a new address where the child will be registered after discharge. But you don’t have to specify it, then the child will automatically be registered at the place of registration of one of the parents.

The application is sent for consideration. After receiving an invitation to visit the selected department of the Ministry of Internal Affairs in your personal account, you can take the child’s passport and documents and complete the deregistration process.

If you do not have a confirmed account on State Services, you can submit an application through the MFC, passport office or department of the Ministry of Internal Affairs. In this case, you will need to visit the authority twice: the first - to submit an application, the second - to affix a stamp on the extract.

What documents will you need?

In order for the plaintiff’s arguments to be more convincing, he should attach to the statement of claim relevant written evidence of the arguments that are reflected in the claim.

Notice! Such evidence is:

• Identity document
• Documents that confirm the plaintiff’s ownership of the residential premises in which the defendant is registered,
• A certificate with information about the composition of the plaintiff’s family is attached to establish the fact that the defendant is actually registered in the apartment,
• When talking about a house, a house book is presented,
• An extract from the personal account confirming the absence or, conversely, presence of debt,
• A court ruling declaring a relative missing,
• A copy of the court verdict, which confirms that the relative is serving time in prison,
• Testimony from witnesses that the tenant is violating their rights and behaving inappropriately.

Please note that all written evidence is submitted along with the statement of claim. When written evidence cannot be obtained by the plaintiff independently, he has the right to petition for assistance from the court.

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.

How to prepare for a discharge trial?

In order for the decision on the claim to be positive, it is necessary to collect evidence on the facts contributing to the discharge.

Let's consider the most significant of them:

1. The person does not live at this address . Evidence may include testimony from witnesses, housing and communal services certificates indicating the number of residents, and a certificate from a district police officer drawn up in the presence of witnesses.
2. Non-participation in utility costs . Confirmed by receipts for all payments made by the plaintiff.
3. Availability of other housing . You will need to order extracts from the USRN at your possible residential address. Housing can be registered in the name of the defendant himself and his immediate relatives.
4. The citizen gets drunk and is rowdy . Evidence of antisocial behavior - neighbors, calling the police.
5. When a spouse is discharged under clause 4 of Art. 31 of the Housing Code of the Russian Federation - in connection with the termination of family relations, evidence must be submitted to the court that the apartment belongs to the plaintiff. That is, it was acquired or privatized before marriage, donated or bequeathed by parents, relatives, or other people.

When an apartment is purchased in a marriage, the spouse is a co-owner, even if only one of them is registered as the owner of the property. Other provisions may be established in a marriage contract or an agreement on the division of property.

FAQ

I am the owner of the premises. Can I register my ex-wife through State Services?

No, to discharge a former family member you must go to court; an out-of-court procedure involving filing an online application is not possible. In general, the court will side with you unless there are other aggravating circumstances.

Can I discharge my child through State Services?

Yes, the portal has such an opportunity. But keep in mind that a child under 14 years of age must in any case be registered with one of the parents. You can’t write him out anywhere.

I am 16 years old, can I apply for an extract through State Services?

Yes, at the very beginning of the online application you need to select the option “I am applying for myself, I am under 18 years old.” Applications are accepted from citizens 14-18 years old, but you will need to provide the details of a legal representative, and a minor can submit an application only from his account confirmed on State Services.

How quickly will the statement be issued?

The term for providing the service is 3 working days.

Can I be denied an extract?

No. If you are a legally capable adult citizen of the Russian Federation, you have the right to deregister at your own discretion. In this case, it is not necessary to register somewhere, but if you do not have a temporary or permanent registration for a long time, you may be fined.

Sources:

1. Public services: Removal of a citizen from registration at the place of residence.

about the author

Irina Rusanova - higher education at the International East European University in the direction of "Banking". Graduated with honors from the Russian Economic Institute named after G.V. Plekhanov with a major in Finance and Credit. Ten years of experience in leading Russian banks: Alfa-Bank, Renaissance Credit, Home Credit Bank, Delta Credit, ATB, Svyaznoy (closed). He is an analyst and expert of the Brobank service on banking and financial stability. [email protected]

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Extract nuances

Parents

Discharging parents is quite difficult. There is no way to write them down anywhere. But, on the other hand, if their parental legal relationship with the child is terminated in the prescribed manner, for example, due to the deprivation of their parental rights, then this will be a legal basis for their discharge.

Another reason for the discharge of parents is their actual permanent residence in the territory of another residential premises.

Is it possible to sell an apartment if a person is registered there, but not the owner?

Minors

statement of claim to the court for the child's discharge free of charge in word format

As already noted, the procedure for deregistering persons under eighteen years of age is quite complex. This is due to the fact that the norms of not only housing legislation, but also family law are taken into account. No judicial authority will decide to discharge a child if he does not have other living quarters.

It will not be possible to discharge a child who lives with one of the parents.

Attention! Any actions related to the discharge of children who have not reached the age of 18 are impossible without the permission of the guardianship and trusteeship authorities.

Other relatives

It is quite easy to write out relatives who are not recognized as close ones. These are brothers, daughters-in-law, grandparents.

This is due to the fact that, as a rule, the presence of family relations between such persons is associated with marriage. For example, when a son divorces his wife, she ceases to be a member of his parents' family, thus the possibility of her living in their apartment ceases due to the dissolution of the family connection between them.

In this case, you should not go to court. It is enough to bring a statement to the Housing Office indicating the reason. In other cases, the basis for discharge may be the cessation of maintaining a shared life or budget, conflict relationships or other grounds.

The same grounds may include constant violation by relatives of the rules of residence or the rights of the owner and other persons living in this premises. Cases of such violations should be recorded in appropriate documents.

It is necessary to pay attention to the fact that even if a positive court decision is made, the court has the right to provide the person with the opportunity to live in the apartment for some more time, for example, in order to find new living quarters. This measure is provided to protect the rights of the evicted person, so as not to drive him out onto the street.

When the trial is over, the court gives the person a copy of the judgment. Next, you should wait until it comes into legal force.

ATTENTION! Look at the completed sample statement of claim to the court for the child’s discharge:

From a council apartment

Municipal apartments are owned by municipal authorities. In this regard, in cases of eviction from a municipal apartment, only a representative of the municipality or administration will be the proper plaintiff.

Exclusion from a municipal apartment is also carried out voluntarily, or on the basis of a decision of a judicial authority.

Attention! The following grounds are identified for forcibly deregistering a person:

• Having debt on utility bills for more than six months,
• Violation of the rules of residence and the rights of neighbors or other persons,
• Damage to property that belongs to the administration,
• The actual residence of a person in another residential premises on a permanent basis.

The discharge procedure begins from the moment a complaint is filed with the administration against the person living in the apartment. Next, the person is issued a warning. After this, the municipality has the right to go to court.

From a privatized apartment

Residential premises that have been privatized receive private status. This means that, of his own free will, if there are objective grounds, the owner has the right to expel from there any relative who was previously registered in this residential premises.

For example, due to the fact that the spouses have terminated family legal relations, in the prescribed manner. On the other hand, it must be remembered that the relative subject to discharge should not participate in the privatization procedure for this residential premises.

When it comes to deregistering a close relative, the procedure becomes more complicated in a sense. The existence of ownership rights is confirmed by an extract received from Rosreestr.

How to expel a common-law husband from an apartment without his consent?

Comments: 10

Your comment (question) If you have questions about this article, you can tell us. Our team consists of only experienced experts and specialists with specialized education. We will try to help you in this topic:

Author of the article Irina Rusanova

Consultant, author Popovich Anna

Financial author Olga Pikhotskaya

1. Julia
   05/21/2021 at 01:02 Is a house book needed when checking out of an apartment?
   Reply ↓ Anna Popovich
   05/21/2021 at 03:49

   Dear Yulia, the new registration procedure does not provide for house books - they are not needed for registration or check-out from an apartment.

   Reply ↓

Can an apartment owner sign out a registered relative?

Due to life circumstances or due to the emergence of a conflict, it may be necessary to remove the registration of a relative from the residential premises without obtaining the latter’s consent.

The owner of the apartment has this opportunity in accordance with current legislation. However, the owner must understand that he must have appropriate grounds for this.

The status of the residential premises is also important - whether it is privatized or municipally owned.

Please note that the legislator does not use the concept of deregistration; the law specifies “loss of the right to use” residential premises. There are several types of such loss.

The first option may be the loss by a relative of the right to use the premises, which are privately owned by an individual.

The second is the option in which the relative loses the right to live in residential premises taken on social rent from the municipality. Under such conditions, the discharge of a person is carried out only on the basis of a decision of a judicial authority.

The third option is cases where the relative subject to discharge is a minor or incompetent.

Attention! The following are the most common reasons for deregistration without the voluntary consent of a relative:

• Lack of payment of utility bills by a living registered relative,
• Actual permanent residence of the person at another address,
• Termination of marital relations, which were the basis for registering a person in the residential premises of the second spouse,
• Carrying out the privatization procedure without taking into account a relative,
• Interpersonal conflicts.

Please note: the person who initiates the discharge procedure must be held accountable for their actions.

How to expel your ex-wife from the apartment without her consent?