Logically, people officially registered in the living space must live at the registered address. But there are cases when the actual place of residence does not coincide with the registration address, which in certain situations can create a problem for other family members registered in the same living space. If it is necessary to officially prove the fact of a long-term absence of a citizen at the place of official registration, an act on the person’s non-residence in the apartment is drawn up, a sample of which can be easily found.
In what cases is a document drawn up?
In practice, there are several cases where it may be necessary to officially certify the fact that a person does not reside at the place of registration. Traditionally, a non-residence act is drawn up when:
- the need to recalculate payments for utilities;
- the need to formalize a commercial transaction involving real estate (exchange, purchase and sale, receipt of inheritance);
- consummation of divorce proceedings.
The need to recalculate utilities due to the non-occupancy of a registered tenant is the main reason why it may be necessary to officially confirm the absence of one of the residents. According to current legislation, fees for the provision of housing and communal services in the absence of individual metering devices (meters) are charged according to standards that take into account the number of registered people. Consequently, if any of the officially registered family members does not live in the specified living space, then it is logical to issue a certificate of non-residence, on the basis of which the payment for housing and communal services will be reviewed and reduced.
To draw up an act of non-residence of a person in an apartment, a sample of which can be found on our website, you do not need to collect a large set of documents.
Inspection report
Unfortunately, literally every day we hear about fires in residential buildings. And there may be several reasons for this tragedy: malfunction of electrical appliances, childish pranks and parental inattention, deliberate arson and others. Since childhood, we have been taught the rules of handling fire and the procedure to follow in the event of a fire. And statistics show that the number of fires in apartments decreases every year, but does not reduce to zero.
Imagine a situation when family members leave the house in the morning, close the apartment and rush to work/school. And then in the middle of the day an alarming call comes from the neighbors. By the time the owners arrive at the site, all that remains of the apartment may be ashes.
This is scary to imagine even in the most terrible nightmares. Of course, it will be a great success if there are no people in the apartment at the time of the fire.
And how to proceed next? After all, if the fire occurred as a result of deliberate arson, it will be necessary to prove this fact in court.
The main document confirming the fact of the incident, as well as describing the damage, will be the inspection report of the premises.
Such an act is drawn up by the management company in two copies: one for the management company, the other for the owner of the apartment. The presence of the owner is required. In this case, the owner must provide documents confirming his rights to the apartment.
Sometimes, being an indirect culprit of a fire, the management company may refuse to draw up an inspection report for the residential premises. In this case, you should send the application by registered mail with a list of the attachments, in which you should ask the management company employees to draw up an apartment inspection report.
You can also draw up an inspection report for the premises yourself. The main thing is to describe all the damage, all damaged property. It is also necessary to call your neighbors, who will certify the inspection report of the premises with their signatures.
What information should be included in the residential premises inspection report?
- Name of the act
- Date and time of compilation
- Full name of the apartment owner
- Drawing address
- Information about the person drawing up the act
- Chronology of events leading to the fire
- Causes of the fire
- List of premises damaged by fire
- Consequences: description of damage and damage in monetary terms.
The inspection report is sealed by the person drawing up the report.
If fire brigade personnel arrive, a fire report is drawn up. The report is drawn up in two copies, one of which is provided to the state fire supervision authority, the second is stored in the fire department.
The owner of the premises is given a copy of this report.
Is this act necessary?
You should not neglect drawing up an inspection report of the residential premises, as well as receiving a report from the fire department. The fact is that sometimes this is the only evidence indicating that an apartment was deliberately set on fire.
Of course, a fire in an apartment is a great grief for the whole family. And each situation requires a separate legal qualification. Therefore, you should not neglect the help of professional lawyers.
How to draw up an act correctly?
To compile a paper, the following conditions must be met:
- an officially registered citizen must be absent from the specified living space for at least 6 months;
- the applicant must indicate the exact date of departure of the tenant;
- confirmation of three neighbors is required, as well as a local police inspector, who will check the fact of the person’s absence and, based on the check, will draw up an act of non-residence at the place of registration, a sample of which is here.
A sample act of non-residence is not required to draw up the document, because it can be completed by hand even without the presence of a local police officer. A prerequisite is the signature and specified passport details of three housemates who can confirm the absence of the registered person in the apartment. To do this, with the consent of the neighbors, the applicant indicates their full name, passport data (series, number, when and by whom it was issued), after which they sign the completed form.
If the certificate is drawn up with the participation of the district police officer, then he has the right to visit the specified apartment and check the presence/absence of the resident’s belongings. If the data is confirmed, then he himself draws up a document indicating:
Depending on the purpose for which a person’s absence from the registered living space is to be certified, the drawn up and signed document is submitted to the passport office, the management company or the housing office as one of the proofs of the need to register a person for recalculation of utilities or making a transaction on the apartment. The act, like other official written requests, is submitted in two copies, on one of which the office employee puts the date and number of the incoming document, his signature and seal.
The act of non-residence at the place of registration is an official document that records confirmation of the fact that a certain citizen does not actually live at the specified address. Such a document is necessary for submitting it to any authorities, for example, when applying for a subsidy or to the court when resolving conflicts or forced eviction.
In terms of structure and content, the act of non-residence in an apartment or private house refers to judicial practice, since that is where it is used most often. So, for example, the owner of a residential premises has the right to file a claim to evict a tenant who has been living at a different address for a long time and is not involved in the maintenance and payment of the property.
Whatever the reason for confirming that a person does not actually live in the premises, words alone will not be enough. To draw up an act of non-residence, you need to know some nuances so as not to waste time and effort. In particularly complex and confusing situations, it is best to immediately contact a lawyer practicing in this area in order to at least receive competent advice. Having decided to tackle the process yourself, you should understand what, how and in what sequence to do, soberly assessing the prospects and risks.
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Non-Residence Act
To begin with, it is worth noting that in legal practice there are no situations when it is necessary to draw up a document. What is he like?
ATTENTION! Such a statement is written to confirm the fact that the citizen does not live in a certain apartment.
This leads to the next question: in what situations may an act be required? Let's take a closer look:
- The landlord wants to terminate the contract with an unscrupulous tenant who does not make contact. This will allow unilateral termination of the main document.
- One of the apartment owners wants to confirm that another citizen has not lived at the address for a long time. This often occurs among ex-spouses who want to evict each other from their living space.
- The owner of the property took out a loan, issued a certain service (Internet, TV, etc.), but moved or is deliberately hiding from representatives of the organization . Thus, letters about the debt are constantly coming to the apartment, and collectors are visiting. The act will prevent strangers from entering the house and confirm that the borrower does not live at the specified address.
- The situation is similar with bailiffs or other government bodies . The opinions of neighbors cannot be official confirmation, but an act of non-residence at the address will help stop weekly visits.
Federal Law No. 5242-1 of 1993 and Government Decree No. 713 states that registration is the place at which a particular citizen lives. Consequently, all databases and documents indicate that, if necessary, a person can be found in this particular place.
But in practice this is not always the case. As for the place of actual residence, this is any address where a citizen permanently or temporarily resides at the moment.
The minimum period of non-residence at the address is 6 months. Only after the specified period can you begin to draw up the act and legally evict the citizen from the apartment
Basic Rules
Drawing up a direct act of non-residence of an individual is a mandatory item when filing any complaint or application where this factor is of significant importance. Such a document is drawn up in the presence of the commission. This composition includes:
There may be some changes in the composition of the panel, depending on the individual circumstances of the case. However, it is important that each copy bears the personal signatures of each member of the commission. In the event that one of them refuses to sign an act of non-residence at the place of registration, this must be documented with justification for the reason.
Russian legislation has not approved a unified act form either previously or in 2021. Such a document has a free form, however, certain requirements for placing details and mandatory information apply to it. If these requirements, as well as legal norms, are violated, the document will be considered invalid.
Document template
An example of filling out an act of non-residence at the place of registration and a sample of it can be seen below:
ACT ON NON-RESIDENCE OF A PERSON AT THE PLACE OF REGISTRATION
(date of compilation)
(name of locality)
Commission consisting of: (from the list, record the last name, first name, patronymic, passport details of each participant)
drew up this act stating that in the apartment (in the house)
a citizen is registered
at the address
(indicate the full address of the location) (enter his details)
, but in fact does not live at the specified address. No personal belongings of this individual or signs of his presence were found.
The citizen’s current address of residence (enter the details of the non-resident again)
unknown
(if known, indicate in full)
.
If necessary, additional information is recorded.
Signatures of each member of the commission.
You can draw up a certificate of non-residence yourself or by taking a form from the housing office at the place of registration. In addition, if you have access to the Internet, you can download the act of non-residence from almost any legal portal, making your own adjustments. Neighbors who are members of the commission are required to enter their passport information in their own hand.
Design features
The act becomes the main document confirming that the apartment is being rented with serious violations. Tenants may be a nuisance to neighbors or lead unacceptable lifestyles. Having this document makes it easier to file an eviction complaint.
It is important to complain about specific people who do not live at their place of registration. Otherwise, the act will not be considered. A mandatory requirement is the presence of a special commission, which can be formed from the following persons:
- District;
- Specialists from the management company;
- Neighbors;
- Other interested parties.
The legislation does not establish the exact form of the application, but it can be drawn up in any form. The document acquires legal force as soon as it contains the signatures of all specified persons.
On what basis is it compiled?
The act of actual absence of a person at his place of registration becomes the basis for his eviction. Valid evidence for such an action can be six-month non-payment of utility bills (in this case, the interested person is obliged to provide receipts indicating that he paid the entire amount of payments himself).
It should be borne in mind that if the situation is conflicting and an individual does not want to be deregistered, he can, for his part, draw up an act of residence, preparing evidence of this fact. Depending on the situation, a way out can be found one way or another. For example, to demand the eviction of an unwanted tenant on the basis of regular hooliganism, violation of the silence regime, use of housing for other purposes, violation of sanitary standards, impossibility of further cohabitation, which is also important to confirm with the testimony of neighbors.
An application to remove a person from the registration register at the place of residence can be submitted to both a close relative and a citizen with whom family ties have been severed (standardly marital divorce, eviction of relatives of the former spouse and himself).
About fictitious registration
Before drawing up an act, you should definitely clearly define why it is necessary and what the consequences will be. If it turns out that the document for non-residents is issued as a result, the owner of the property will have to bear the greatest responsibility. Such situations most often arise at the initiative of neighbors who are in conflict with the defendant.
Responsibility measures:
The introduction of criminal liability occurred relatively recently. This rule began to be applied to reduce the number of invalid registrations, which people use quite often. That is why, before writing any complaint, it makes sense to consult with an experienced legal professional.
The information in this article is provided for informational purposes only. We recommend that you contact our lawyer.
We, the undersigned, during the inspection of the use of apartment No.___, located at st. __________, d._____ in the city___________, established:
The apartment is rented to strangers. It is currently used by ___ people_ as a permanent place of residence.
It was not possible/we were able to establish the identities of the tenants (cross out what is unnecessary):
_______________________________________________________________
_______________________________________________________________
Art. at the entrance _____________________________________
Non-Residence Act
The applicants drew up this report stating that during the inspection of the residential building it was established that the citizen registered at this address does not live in the house, and no personal belongings were found in the house. The applicants know that the citizen has not lived at the specified address since a certain time. The applicants do not know the location of the citizen.
about non-residence
» » ____________ ________
We, the undersigned:
Department of Internal Affairs No. __ Department of Internal Affairs for the city _________ police lieutenant ___________
G.R. passport: series _______ No. __________, issued by the Department of Internal Affairs of the ________ district of the city ________ _________, living at the address: __________________________________
G.R. passport: series _______ No. _________, issued by the Industrial District Department of Internal Affairs of the city ________ _________, living at the address: ___________________________________
have drawn up this report stating that during an inspection of residential building No. _____ at the address: _________________________________________, it was established that citizen _______________________, born _________ registered at this address, does not live in the house, no personal belongings ___________ were found in the house.
We know that ___________________ has not lived at the specified address since approximately ________. The current location is _______________, born ________. we don't know.
Department of Internal Affairs No. __ Department of Internal Affairs for the city ______ _____________
how to draw up a confirmation act?
Re: how to draw up a confirmation act?
Hello Panff!
To draw up an act that will confirm the fact that the residents registered in your apartment do not live at their place of registration, you can contact the housing office employees or draw it up yourself, signed by three neighbors.
An approximate example of an act of non-residence and absence of personal belongings.
about non-residence and lack of personal belongings.
Commission consisting of:
Full name_____________________ (address, passport details)
Full name_____________________ (address, passport details)
Full name___________________ (address, passport details)
who are residents of house No.______ on _________ street in (city) have drawn up this act as follows:
Guided by the norms of housing and civil law, the tenants inspected apartment No.______ on _________ street in (city) on the initiative of the tenant (responsible tenant) full name.
In the inspected apartment, located No. ____ on the ___ floor, of a nine-story brick building at the address: ____________________, where in addition to the indicated (full name) the following are registered: ___________________ and ____________, however, the indicated persons from such and such date in apartment No. __________- at the address: ______________________________ do not actually reside, personal the belongings of these citizens were not found, there were no sleeping places or other signs indicating the actual residence of these citizens at this address.
This act was drawn up ____ ___________ 2014 at 00.00 at the address: ____________.
Signature _____________________ Full name
Signature _____________________ Full name
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Certificate of non-residence in an apartment: sample
A sample act is here.
ACT
We, the undersigned, confirm that citizens Bochkin Sergey Yurievich, Bochkin Anton Yurievich,
residing at Vladimir, st. Stroiteley, 15, apt. 6, have not really lived since March 12, 2013
Neighbours:
1. Igor Nikolaevich Kovalev, passport series 0956, number 564378, issued by the Federal Migration Service of Russia for the city of Vladimir on August 1, 2000, living at the address Vladimir, st. Stroiteley, 15, apt. 5.
Act on the actual residence of citizens.
How to draw up an act of actual residence of citizens, read here.
How to pay utility bills if a person is registered but does not live, read the link:
2. Savelyeva Inna Andreevna, passport series 7645, number 342565, issued by the Federal Migration Service of Russia for the city of Vladimir on May 23, 2005, living at the address Vladimir, st. Stroiteley, 15, apt. 7.
3. Cherenko Ivan Fedorovich, passport series 7856, number 234567, issued by the Federal Migration Service for the city of Vladimir on October 18, 2010, living at the address Vladimir, st. Stroiteley, 15, apt. 8.
I confirm the neighbors' signatures.
Head of housing department
Petrov Nikolay Andreevich_______________