When is temporary registration required?
Registration in an apartment can be:
- at the place of stay - temporary;
- at the place of residence - permanent.
Article 5 of Law No. 5242-1 of June 25, 1993 obliges a citizen to obtain temporary registration at a location where he does not have a permanent residence, if he resides there for more than 90 days.
If you have a residence permit in the Moscow or Leningrad region, you do not need to obtain temporary registration in Moscow, or, accordingly, in St. Petersburg, and vice versa. That is, registration in one of the localities within a subject of the Russian Federation exempts from registration in another locality of the same subject of the Russian Federation.
Features of temporary registration:
- permanent does not cease with the acquisition of temporary;
- temporary residents use the apartment under the same conditions as permanent residents;
- property maintenance costs apply to all residents, including temporary residents.
Registration rules;
In order to write further about the need to obtain temporary registration, let us turn to the legislation, namely to the registration rules, which clearly indicate in what cases it is necessary to obtain temporary registration for citizens of the Russian Federation who have arrived at their place of temporary residence.
Registration is established in order to provide the necessary conditions for citizens to exercise their rights and freedoms, as well as to fulfill their duties to other citizens, the state and society. 3. The place of residence is the place where a citizen temporarily resides - a hotel, sanatorium, holiday home, boarding house, camping, tourist base, medical organization or other similar institution, an institution of the penal system that carries out punishments in the form of imprisonment or forced labor, or a residential premises that is not the citizen’s place of residence. 9. Citizens who arrived for temporary residence in residential premises that are not their place of residence for a period of more than 90 days are required, before the expiration of the specified period, to contact the persons responsible for receiving and transferring documents to the registration authorities and submit:
- identification document;
- application in the established form for registration at the place of residence;
- a document that is the basis for the temporary residence of a citizen in the specified residential premises (lease (sublease) agreements, social tenancy of residential premises, a certificate of state registration of the right to residential premises or an application from the person providing the citizen with residential premises).
As we can see, if the owner of the property rents out his apartment and citizens live there for more than 3 months, temporary registration is necessary.
Registration in a municipal apartment
Tenants of municipal housing using it under a social tenancy agreement receive permanent registration.
They can officially register residence in the apartment of other residents who are not tenants under the contract, both on a temporary and permanent basis.
Temporary registration can be provided with the consent of the copyright holder - a local government body, for a long period. Such consent is a sublease agreement - when the tenants transferred the right to use the apartment for a certain period to other persons, and themselves, for example, changed their address of residence for the same period (Article 77 of the Housing Code of the Russian Federation).
Temporary registration can be issued without the consent of the landlord (administration), for a short period of time, not exceeding six months in a row. However, the owner still needs to be notified - notified by letter with acknowledgment of delivery, for example. The landlord has the right to terminate the residence of temporary residents in the apartment if the total area per resident is less than the accounting norm (Article 80 of the Housing Code of the Russian Federation).
To register temporarily, you need to:
- Obtain consent from all registered residents. If children live in the apartment, then a parent or guardian gives consent on their behalf.
Consent must be written and submitted to the registration authority in person. Without personal participation, only notarial consents are accepted.
- Conclude a sublease agreement with the administration, or notify it of the temporary registration of the tenant for a period not exceeding six months.
So, the period of temporary residence in a municipal apartment can be:
- up to 6 months in a row - Art. 80 Housing Code of the Russian Federation;
- under a sublease agreement, the duration of residence is determined by agreement of the parties, but cannot exceed the term of the social lease agreement.
Features of temporary registration for a tenant who rents an apartment
Registration of temporary registration for an employer has the following advantages:
- The procedure allows you to avoid potential problems with the law and makes it possible to legalize your residence as quickly as possible. Registration by law takes no more than 3 days.
- Temporary registration is free. There is no state duty for registration.
- There are very few reasons for refusing temporary registration: incorrectly filled out documents or insufficient information provided, as well as insufficient living space.
- Temporary registration can be valid simultaneously with permanent registration ; the latter does not need to be cancelled.
- The validity period of a temporary registration can be terminated early at any time at the request of the citizen (this is also a free procedure).
- The presence of temporary registration simplifies access to a wide range of state and municipal services: placement in a kindergarten, school, attachment to a clinic, and also simplifies the registration of insurance, obtaining a loan, etc.
The main disadvantage for the tenant is that bailiffs and other supervisory authorities can always find him at the temporary registration address if necessary.
Thus, the responsibilities of the tenant of a residential premises include registration at the place of residence (in other words, temporary registration) provided that they live at this address for 90 days or more, and the responsibilities of the owner are to provide consent to such registration. Temporary registration under a rental agreement is not mandatory if a citizen lives in an apartment on the territory of the subject of the Russian Federation in which he has a residence permit, as well as when living in an apartment with relatives.
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What risks does an apartment owner face when registering temporary registration for tenants? Is it possible to “register” tenants ahead of schedule?
Dmitry, apparently you, like many others, believe that temporary registration is a risk for the renter.
Indeed, there are some difficulties. But in fact, temporary registration at the place of residence is not as burdensome for the owner as they fear on the Internet - it rather eliminates risks. Let's go in order.
Where to apply
Methods for submitting documents:
- online, through the State Services portal;
- through the MFC;
- at the management company of an apartment building, if it provides passport office services.
When using the second and third methods, persons providing accommodation must only be present when submitting documents, but not when receiving them. The situation is the opposite when applying online - you must collect the result in the presence of interested parties, and with all documents.
Temporary registration of minor children
Children under 14 years of age are legally registered at the same address as their parents or guardians, and the consent of other persons is not required for this.
Documents for registering a child under 14 years of age:
- birth certificate;
- statement;
- document-basis (confirming the right of the parent or guardian to use the apartment).
A temporary registration mark is issued in the form of a temporary registration certificate; no entries are made on the child’s birth certificate.
Minor children over 14 years of age apply for registration on a general basis.
Risks when providing temporary registration
Temporary registration in municipal property does not give residents the basis to participate in the privatization of the apartment. Therefore, a temporary tenant will never be able to claim a share in the common property right.
However, some risks of official settlement still exist.
Employers under a social tenancy agreement are responsible to the administration for the accommodation of temporary citizens.
Therefore, the employer will have to answer for potential damage to municipal property.
There is also a possibility that the temporary tenant will refuse to participate in paying utility costs or other expenses for maintaining the property. But other registered users of the apartment cannot urgently discharge a tenant with a non-permanent residence permit.
Liability for violation of registration
According to Article 19.15.2 of the Code of Administrative Offenses of the Russian Federation, for violation of registration rules, an administrative fine is imposed in the amount of:
- for tenants and owners - from 2 to 5 thousand rubles;
- for tenants and owners in Moscow and St. Petersburg - from 5 to 7 thousand rubles.
Persons who provide documented information that they are relatives (children, brothers, parents, spouses) of the tenants of the residential premises in which they are temporarily staying are exempt from the fine.
Features of temporary registration for the owner of residential premises
In practice, landlords are not always ready to provide temporary registration to their tenants. Although in practice, refusal to provide registration to residents is an offense. According to Art. 19.15 in case of violation of registration rules in a residential premises, liability threatens not only the residents, but also the owner. He faces a fine of 2-5 thousand rubles.
According to clause 3 of this article, if the owner provided the premises to a citizen and missed the established deadlines for notifying the migration service or transferred knowingly false information to the regulatory authorities, then this entails the imposition of an administrative fine in the amount of 2-3 thousand rubles.
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It is the absence of problems with the law that is the key incentive for property owners to issue temporary registration to their tenants. But in practice, proving the fact of a citizen’s residence in the specified living space for more than 90 days is a very problematic task, and owners are rarely brought to justice under this article.
Typically, landlords are not interested in obtaining temporary registration for the following reasons:
- They rent out apartments illegally , do not pay taxes on the rent they receive from residents, and do not want to attract attention once again.
- They do not want to waste time preparing documents and transferring them to the Main Directorate of the Ministry of Internal Affairs.
- Due to the registration of new tenants, utility bills may be increased (if the apartment does not have meters for water, gas, etc.), although usually these costs are passed on to the tenants, but no one guarantees that they will pay the bills regularly.
- If unscrupulous tenants become the tenant, the owner will regularly have to deal with representatives of supervisory services. Unscrupulous tenants mean military service evaders, defaulters on loans, alimony and fines, etc.
It is these reasons that are disadvantages for owners when registering.
Often, owners are afraid that the completed registration will become the basis for tenants’ claims to the property. In fact, such fears are unfounded: temporary registration only gives the right to live in the specified living space for a certain time legally. Whereas registration does not give the right to dispose of real estate: this is the exclusive prerogative of the owner.
Also, the apartment owner has the right to terminate the registration period early by submitting a corresponding application to the Main Directorate of the Ministry of Internal Affairs.
Let's sum it up
The document confirming the presence of temporary registration is a registration certificate. It indicates the end date of residence, upon the occurrence of which the tenant is obliged to leave the occupied living space.
Temporary registration in a non-privatized apartment is provided with the consent of registered residents. The administration must be notified of the presence of a tenant. The maximum registration period is 6 months.
When concluding a sublease agreement with the administration, the period of temporary registration is determined by agreement between tenants and subtenants.
Renting residential premises under contract
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.
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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.
Is it possible to rent out housing without registering a person in the apartment?
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.
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.
