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Published: September 26, 2017
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Temporary registration is limited to a certain period. If it ends and the person leaves, the registration ends automatically. But there are situations when it is necessary to deregister early, to leave the owner of the home with whom he was registered.
- Cases when early termination of temporary registration is required
- How to do it ahead of schedule
- Conclusion
Definition of concepts
Temporary registration |
|
Living space | A house, apartment, room or other isolated place that belongs to real estate and is suitable for people to live in in accordance with the established requirements of the law. |
Owner | A person or organization that, based on a legal fact, has the right to use and dispose of a specific thing. In this case we are talking about an apartment. |
Fictitious registration | Registration with the Federal Migration Service without the intention of providing a person with a place to live. In this case, the citizen lives in one place, although he is temporarily registered in another residential building. |
FMS | The Federal Migration Service. A government body that is responsible for recording and monitoring the places of residence of citizens. |
A person has been temporarily registered for 5 years, how can I be discharged without his presence?
Where to submit documents?
Papers must be submitted to one of the bodies listed in paragraph “a”, in a single window, specially created for the convenience of citizens. An employee has only 15 minutes to work with one applicant. During this time, he will look through all the papers, check the passports and identities of the owners or residents of the municipal apartment, as well as the authorized representative.
From the moment of receipt of documents and application for registration, specialists of passport departments (or, in a new way, accounting and registration departments) have time for registration procedures of up to 3 days inclusive.
If documents for privatization of housing are not presented, or there is no rental agreement, social. hiring, the period may be extended to 8 days, counting from the date of submission of the application.
Registration at your place of residence is free of charge.
In order to register in an apartment, the presence of a person who has the right to dispose of this housing is required. In this regard, many people have a question: is the presence of the owner necessary when checking out of housing? To deregister, a person simply needs to contact the relevant authorities and submit an application for deregistration. The presence of the property owner is not required.
There are several ways to go through the registration cancellation procedure:
- by personally contacting the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation at the place of registration;
- using the state Internet portal “State Services”;
- when contacting the MFC;
- through your legal representative.
Below we will look at how to go through the deregistration procedure using each method.
Through the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation
By contacting the Federal Migration Service, the owner of the living space will be able to deregister (deregister) such a person. In this case, the basis will be this court decision. There is no state fee for an extract, but you have to pay to go to court. The only point that must be observed before proceeding with the discharge is to wait for the time when the court decision begins to have legal force.
The deregistration procedure is not complicated, but sometimes it is difficult to choose the time to carry it out. After all, in this case, as a rule, there must be a personal presence at the Federal Migration Service. Also, kind-hearted citizens who have agreed to register their friends or relatives then knock on the thresholds of institutions, seeking their deregistration (de-registration) from their living space.
The procedure for permanent registration or registration of citizens is not a complicated process. But there are many situations in which registration is forced to be carried out without the presence of a person who must be registered in a municipal or privatized premises. Registration under these circumstances has a number of features and requires the collection of separate documents and the help of professionals.
Extract from an old apartment is the initial task for those citizens who want to obtain registration in another city or locality. If the residential premises are located within the same city, then this procedure can be omitted. In case one of the registrations becomes the place of temporary registration.
If a person is categorically against deregistration, only a court can remove him from the register. However, even if a citizen does not appear at his place of residence for a long time and nothing is known about his whereabouts, other residents have to pay rent for him. Of course, few people will like this.
When housing is received by the new owner by gift or inheritance, he has the right to write out the citizens registered there, unless otherwise provided by the terms of the gift or testamentary refusal. Another possible obstacle is the lack of other housing for registered persons.
- Information about the representative (full name, passport registration data, information about place of residence).
- Information about the person being represented (full name, passport details, information about place of residence).
- A list of actions that the representative has the right to carry out on behalf of the represented person.
- Validity period of the document.
- Notarization.
When a person moves to another city for permanent residence, he must be deregistered. This can be done as follows: contact the authority with two applications for registration at the new place of residence, as well as for deregistration at the old place.
But you need to make several copies of the application. One copy must be in the hands of each plaintiff, one copy for the judge and several copies in court. The number of copies in court depends on the number of parties. For example, plaintiffs - 2, defendant - 1, third party - 2, judge - 1. This means there are 2 copies (in the hands of the plaintiffs) 2 (for the plaintiffs in court) 1 (for the defendant in court) 2 (for third parties in court) 1 (to the judge) = 8.
The easiest option to discharge a temporary tenant is to wait until the expiration date of the temporary residence agreement without ownership of the apartment. After this, all you have to do is come with your passport to the Migration Department of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation (formerly the Federal Migration Service) and write an application according to the sample.
Forced eviction of tenants involves going to court. The cost of the state duty is calculated on the basis of Art. 333.19 Tax Code of the Russian Federation. Filing a claim for eviction without the tenant's consent will cost 300 rubles. The state duty can be paid at the cash desk of any Russian bank (for example, Sberbank).
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If the personal presence of the deregistered person is impossible for one reason or another, deregistration by proxy is allowed.
To do this, you need to contact the passport office of the management company with the following documents:
- power of attorney certified by a notary;
- passports of the applicant and the principal;
- a copy of documents for the apartment, if the applicant is the owner;
- written consent of all owners, if it is not the owner who is registering.
As for the power of attorney, it must contain a specific instruction for one action. If it is “general”, then the trustee can do whatever he wants with the apartment: register himself and someone else in it and even re-register ownership rights.
Temporary registration using a foreign passport or other documents is not possible. Documents - grounds for registration of a citizen, for example, a housing lease agreement. To register non-permanent registration in a private household, the necessary document is the house register. Application for registration at the place of stay Passport Lease agreement House book You can obtain registration in other alternative ways: Option 1.
Send an application to the Federal Migration Service by registered mail. In this case, the notarized consent of the apartment owner for registration is added to the mandatory list of documents. If all the paperwork is completed correctly, the applicant is sent a notice with the date when he must appear in person to receive a certificate of registration.
- Option 2.
- the citizen left his place of temporary registration and moved to another city or apartment;
- a temporarily registered citizen does not pay utility bills for several months;
- the apartment is not used for its intended purpose;
- a citizen violates public order: he is rowdy, drunk, and does not comply with the accepted living conditions.
In law it is called registration at the place of residence. If a person does not live at the place of permanent registration for more than 90 days, then he is obliged to apply for temporary registration with the migration authority. This applies to both citizens of the Russian Federation and foreigners who have a residence permit or have arrived in the country for a short period.
The place of temporary registration can be a hotel, inn, sanatorium, campsite or an ordinary apartment. Residential premises A house, apartment, room or other isolated place that belongs to real estate and is suitable for people to live in it in accordance with the established requirements of the law. Owner A person or organization that, based on a legal fact, has the right to use and dispose of a specific thing. In this case we are talking about an apartment.
In this case, the actions of officials can be appealed by the citizen to a higher authority or in court. But before a final decision is made, the person will lose his temporary registration and all rights associated with its existence.
All controversial issues related to the right to use an apartment must be resolved by citizens in courts of general jurisdiction. During the proceedings, the court may prohibit the FMS from terminating temporary registration.
It is worth noting that the responsibility for sending an application to the migration service with a request to remove a citizen from temporary registration has not been established for the owner of the property. Therefore, apartment owners can freely contact the FMS and demand that temporary residents be deregistered.
In it you need to indicate passport information, the address of the extract. Then you need to visit the migration authority or the housing office to register at the new place of residence, where you need to provide a departure certificate, a passport and a document that will become the basis for registration at the new address (ownership, contract lease, inheritance document) Procedure Let us consider specifically what actions need to be taken in order to check out of the apartment without personal appearance in various ways.
Through State Services Access to the State Services service is possible when a registered person cannot personally submit documents to the authorized body. To do this, log in to the website and select the “Deregistration” section.
Next, you should fill in all the proposed fields and send the data. A notification will be sent to your phone or email address with the date on which you will need to appear at the authorized body to be deregistered From another city When a person has moved to another city for permanent residence, he must be deregistered.
Important
This can be done as follows: contact the authority with two applications for registration at the new place of residence, as well as for deregistration at the old place. The procedure will take about a week. After which the employee will issue a passport with new registration.
Cancellation methods
The registration is canceled by the Russian Migration Service. There are several options for how to submit documents for the procedure.
Territorial branch of the FMS
The citizen personally submits the application to the local service unit. In this case, the person is removed from the register within 3 days.
Other ways to submit documents:
- to the email of the migration service department;
- by registered mail.
To carry out the procedure, the citizen draws up an application and sends it to the FMS. A few days later he receives a response.
MFC
To cancel registration through the multifunctional center, contact any company.
Follow the procedure:
- Visit the nearest institution in person.
- They take a ticket from the machine with the queue number.
- They are waiting for an invitation to see a staff member.
- They hand over a package of documents to the responsible person, which he checks.
- An MFC employee makes a request to the FMS. The migration service department processes it and sends a departure slip to the company. An employee of the multifunctional center prints out the paper and hands it to the applicant.
The procedure takes 15-20 minutes after the citizen is called by the responsible person.
State Services Portal
This site was created specifically for citizens to contact government agencies online. This method is convenient because the registration cancellation procedure is carried out without leaving home.
Procedure:
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- Log in to your personal account or register an account.
- Fill out the application electronically. Enter the details of your Russian ID card into the form. Persons living outside the Russian Federation indicate information about their international passport.
- They send an appeal and wait for the verification results. This takes 3 days.
- Receiving an invitation to a personal visit to the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation. The user learns that a message has arrived in the account on the website by phone or email.
- Bring documents to the migration service department. Here the documents are compared with the data specified in the application.
- Cancellation of registration. Deregistration is carried out on the spot. This takes a few minutes.
- Providing the applicant with written notification of the procedure performed.
Through the management company
The Criminal Code has a department responsible for registering citizens. Previously it was called “Passport Office”. To cancel registration in the department, submit an application.
The procedure for removing a person from an apartment without his presence or consent
- Long-term absence from the place of registration.
- Delays in payment of utility bills.
- Disturbing public order, drunken brawls, provoking conflicts, etc.
- Use of the apartment for purposes other than its intended purpose.
- Divorce of spouses.
The applicant must prove the grounds provided to the court. Lack of evidence is not a reason for forced eviction of a temporarily registered person.
The forced removal of a citizen from an apartment occurs in the district court at the location of the property. Not only the owners, but also the tenants of the premises can file a claim.
You can discharge a person without his consent in court on the basis of a statement of claim. If the court makes a positive verdict, the owner must submit the writ of execution to the territorial department of the Migration Department of the Ministry of Internal Affairs of the Russian Federation. Passport officers deregister and make changes to the resident’s passport.
- Drawing up a statement of claim in court.
- Preparation of evidence in favor of improper behavior of the tenant.
- Submitting a claim and documents to the district court at the place of registration of the apartment.
- Payment of state duty.
- Receiving a court writ of execution (personal visit or by mail).
- Transfer of the decision to the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation for deregistration of the person.
- Sending a copy of the writ of execution to the bailiffs.
- Drawing up an application to initiate enforcement proceedings.
- Eviction of a temporarily registered person from an apartment.
The court takes into account the life circumstances of the parties. If the discharged resident does not have a place to live, the discharge period may be delayed. Difficulties also arise when deregistering minors without parents. According to the law, children have the right to permanent residence with legal representatives (Article 20 of the Civil Code of the Russian Federation).
- application of the appropriate sample;
- document confirming ownership;
- identification.
The presence of a temporarily registered citizen is not required for premature discharge.
In what cases is this possible?
Before deregistering a temporarily registered person, you must ensure that there are legal grounds for this.
The law provides for several such cases:
- the citizen has moved out and no longer uses the premises;
- the person has lost the right to use the apartment;
- the owner of the premises did not give consent to provide it for use;
- registration is fictitious.
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This may happen in the following situations:
- the apartment lease agreement was terminated early;
- the citizen has arrears on utility bills for more than 6 months;
- a person violates the rights or legitimate interests of neighbors;
- The tenant's behavior leads to damage or destruction of real estate.
The legislation does not indicate in which case it can be considered that a citizen has left a particular residential premises. A person has the right to move freely within the borders of the Russian Federation and stay for any time at any address. Therefore, the owner of the apartment independently decides whether the temporary stay of a particular person in the premises can be considered completed or not.
To deregister a citizen you will need several documents:
- passport;
- statement;
- a document that confirms ownership of the apartment.
FMS employees have no right to demand any other documents from the applicant. There is no need to confirm the basis for early withdrawal from temporary registration. The application is drawn up in any form.
The appeal can be presented in several ways:
- personally;
- by registered mail;
- through a single portal of State Services.
The documents are sent to the territorial authority where the citizen was registered at his location.
Conditions for canceling temporary registration
The procedure for canceling registration is regulated:
- Law No. 5242-1 of June 25, 1993. The document was edited on 04/01/2019.
- By Order of the Ministry of Internal Affairs of the Russian Federation No. 984 of December 31, 2017. The act was registered with the Ministry of Justice of Russia No. 50635 dated 04/05/2018.
Conditions for deregistration of a citizen:
- Completion of studies. Registration is terminated if the student passes the session early and goes home.
- An urgent call to work before the end of a business trip. Accordingly, before leaving, he must stop registering.
- The vacation period has expired. In this case, temporary registration is rarely issued. They are registered if their stay in another city exceeds 90 days. Such long leave is rarely granted.
- Completion of the course of treatment. You can cancel your registration on the day the procedures are completed.
- Commitment of unlawful acts by a citizen.
- The resident is absent from the address for a long time. If a person does not appear in the rented premises for a long time, the owner has the right to terminate registration.
- Violation of sanitary standards. The owner can evict a citizen if he does not maintain cleanliness, as a result of which insects appear in the living space, etc.
- No payment. The owner removes the tenant from the register if he does not pay money for rent and utilities.
- Providing false information before the procedure.
- Violation of the legislation of the Russian Federation.
- If other owners of the premises did not consent to registration.
- Personal desire of the tenant, owner of the apartment.
How to deregister a person through the State Services website
Info
Registration of permanent and temporary registration, as well as deregistration of citizens from apartments, is regulated by Decree of the Government of the Russian Federation No. 713. According to the Law, the owner of an apartment has the right to expel from the apartment any person temporarily registered in it, if there are compelling reasons for this.
Attention
What is temporary registration and what are the features of its registration? How can a temporarily registered person be discharged ahead of schedule? Is it possible to discharge a person without the consent of the owner? Where should I go to get deregistered? What list of documents must be provided? What is temporary registration? Temporary registration is required when a citizen does not live at the place of permanent registration for more than ninety days. The period of residence in an apartment under temporary registration is determined by agreement with the owner, but cannot exceed five years.
It often happens that a person is denied an extract because of his debts for utility services. It should be remembered that such actions by officials are unlawful. Debts for housing and communal services cannot become an obstacle to the cancellation of registration.
Another important nuance is the possibility of automatic checkout. In order for a person to simultaneously be discharged and registered in another place, he simply needs to contact the migration authority at his new place of residence for registration. In this case, the old registration will be canceled automatically.
There is no such special procedure for recording the movement of citizens, but it is possible to switch from permanent registration to temporary registration, if necessary.
To do this, you need to make an extract from your place of residence, the result of which will be deregistration at the old permanent address with a stamp in the passport of the corresponding content.
Then you can live quite peacefully at your place of stay for 2 months and 23 days, and then contact the FMS department, MFC, to register for a while (agreed with the one who gives your shelter), just be sure to take a departure slip.
Registration at the residence address has its own start and end dates specified in the certificate.
Usually, an application to the FMS is not required to terminate it; it automatically ends along with the registration period.
If it is necessary to interrupt it, then it is impossible to do this without the intervention of the Federal Migration Service.
Having contacted a passport officer, an employee of the Federal Migration Service or the MFC, a person intending to leave early must write an application with a request to cancel the registration, which will be done.
Registration measures for the movement of citizens are mandatory, while specialists try to carry out registration procedures as quickly and simply as possible, so under any circumstances you need to choose the time and contact the Federal Migration Service.
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If the temporary registration of a parent is terminated, then his child is also discharged from the apartment. Only a minor cannot be deregistered. Application form for discharge In what cases is this possible? Before discharging a temporarily registered person, you must make sure that there are legal grounds for this.
The law provides for several such cases:
- registration status - temporary or permanent;
- availability of subsequent registration or discharge to nowhere;
- territorial location of the citizen being deregistered;
- features of the internal regulations for registration and discharge activities in the territorial department of the Federal Migration Service, which independently decides whether it is possible to be discharged remotely.
- registration at previous place of residence
- If I move to a rented apartment with my husband, can I be deprived of my right to live?
- What can you do to avoid being evicted from your apartment?
- Check out of the apartment...
- problems with registration
- how to discharge my husband
- Registration of the left person
- registration
- How to register in an apartment if the co-owners - one is wanted, the other is dead
- Registration of wife to husband's area
- The passport attendant took the passports
- Extract from the apartment of the previous owners! Is it possible without trial?
- Living in the ex-mother-in-law's house
- certificate of ownership.
- I'm going to sell the apartment in which I am registered.
The state constantly keeps records of the places of residence of citizens. Although the strict institution of propiska has been replaced by registration, people are still required to notify authorities about where they live permanently or temporarily. This is required for planning the development of human settlements and for exercising certain rights of citizens, for example, for organizing elections to government bodies.
After completing the procedure, all people can count on receiving some social benefits: Temporary registration gives the citizen the right to use residential premises. And some apartment owners are faced with the problem of deregistering a person to whom they previously provided housing for use. Definition of concepts To understand the essence of the problem, it is necessary to define several terms: Temporary registration
- 1 Is it possible to write out during temporary registration without consent?
- 2 Grounds for discharge without consent
- 3 Order
- 4 Instructions for discharging a temporarily registered person without his consent
- 5 Statement of claim
- 6 Documents
- 7 Timing
- 8 Cost
- 9 Legal assistance
Temporary registration is required when a citizen does not live at the place of permanent registration for more than ninety days. The period of residence in an apartment under temporary registration is determined by agreement with the owner, but cannot exceed five years.
Registration of temporary registration does not require deregistration at the place of permanent residence.
Living without registration for more than ninety days is fraught with a fine of one and a half to two thousand rubles.
Temporary registration is required for:
- Preparation of other personal documents;
- Taking out loans;
- Placement of a minor child into a preschool/school type educational institution;
- Official employment;
- Receiving free medical care in public clinics/hospitals;
- Receiving social security (benefits);
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If it is necessary to temporarily register a child in an apartment, his consent is not required and he is automatically registered together with the parent at the place of temporary registration.
When registering for temporary registration (place of temporary stay) the Federal Migration Service is required to provide the following documents:
- Completed application for temporary registration;
However, circumstances often arise that make it necessary to check out of the apartment ahead of schedule. In this case, contacting the FMS cannot be avoided.
Early deregistration is possible in the following cases:
- A temporarily registered citizen no longer lives in this housing, moved to a new apartment, moved to another city, etc.;
- A temporarily registered citizen disrespects his place of residence, spoils it, causes rows;
In order to remove your temporary registration ahead of schedule, you must provide the following list of documents to the Federal Migration Service:
- Application for deregistration ahead of schedule;
The application submitted by the owner of the property is sufficient grounds for deregistration of a temporarily registered citizen. The temporarily registered citizen himself should not be present at this moment.
If, in addition to an adult citizen, a minor child lived in the housing, he is automatically discharged with an adult relative.
- A document confirming the ownership of housing and the right to deregister persons temporarily registered in it;
- Identification document of the owner (passport);
The presence of a temporary registration does not give the registered person any rights to the housing in which he lives. Temporary registration cannot become permanent and if the owner has not issued a premature deregistration, it will end automatically after five years.
about the author
Experience as a lawyer - since 2005. Graduated from the Moscow State Open University with honors. Private practice, specialization - migration and civil law.
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The law obliges citizens to obtain permanent or temporary registration in one of the regions of Russia. It is much easier to conclude an agreement with the owner of the apartment and register on a temporary basis without ownership of the apartment. The expiration of the agreement will lead to the automatic discharge of the temporarily registered person.
But what to do if there is no agreement or the owner wants to discharge the tenant under the agreement, but ahead of schedule? In this case, the only option left is the forced discharge of the registered person ahead of schedule through the court. Direct discharge occurs on the basis of the judge’s writ of execution.
The maximum period of stay without registration is 90 days. Exceeding the term entails the imposition of an administrative fine in the amount of 2 to 3 thousand rubles (Clause 1 of Article 19.15 of the Code of Administrative Offenses of the Russian Federation).
Example: The owner issued a temporary registration in an apartment for a common-law couple from Ukraine. The parties did not enter into an agreement; the registration was issued at the Department of the Internal Affairs Directorate of the Ministry of Internal Affairs at the place of registration of the property. The temporary tenants planned to find work in the Russian Federation and needed a permanent place of residence. But attempts to find work were unsuccessful, as a result of which the cohabitants began to disrupt public order.
The couple drank alcohol together, and the man periodically beat the woman. The couple reacted inadequately to the comments of the apartment owner and neighbors living nearby. As a result, the owner decided to forcibly discharge the troublemakers. The statement of claim to the court was supplemented by testimony from neighbors in the stairwell, a video recording of the inappropriate behavior of a tipsy tenant, as well as information about the absence of a targeted stay in Russia.
How to do it ahead of schedule
If a citizen has a need to leave his place of stay ahead of time, he must inform the employees of one of the departments about this:
- MFC;
- regional division of the migration service;
- passport office at the housing office.
It is better to contact the Federal Migration Service personally , but it is also possible through the above organizations. They will send the necessary request to the migration service. As a rule, such a procedure does not have complications and the response received will be positive.
The law does not provide for refusal of early termination of temporary registration!
Of the documents, the person being issued will need only a passport, a certificate of registration and a statement written in free form, which sets out the essence of the request.
It is better to format such a document as follows:
- in the upper right corner of the application indicate the name of the unit and its address;
- Below is the full last name, first name, and patronymic. The name of the document is written in the middle;
- the text of the application indicates the address of the temporary registration, what date it was made and for what time period. Then there is a request to cancel your registration from a certain date;
- Place a date and signature below.
If a child under 14 years of age is being discharged, the parents must additionally bring a registration and birth certificate. The application on behalf of the child is filled out by the father or mother, as his representatives.
Of course, it is advisable to warn the owner of your intention to leave the property. But if the situation is urgent and it is not possible to notify, then this will not affect the cancellation of registration in any way.
After receiving the application, the Federal Migration Service has 3 days to remove the citizen from registration.
If the person being discharged applies through the State Services portal, then he will need to appear in person within 3 days after receiving the notification . Because it will be necessary to show the original passport and put a personal signature on the application. After 15 minutes, the citizen receives a departure slip.
Cancellation of temporary registration is a free procedure and there is no need to pay a state fee for it.
The owner of the property can also apply for termination of temporary registration. To do this, he needs to submit an application to one of the organizations that deals with migration registration.
Such a document indicates in any form a request to deregister a citizen temporarily residing on the territory of the owner.
In addition to your application, you must bring your passport and title to your home.
Like a temporarily registered one, the owner will also not have to pay a state fee. The paperwork process will take 3 days.
In this case, the presence of the second party during deregistration is not necessary.
During the cancellation of temporary registration, the registration service employee draws up a departure slip and puts on it the entry: “Canceled.” And in the accounting journal, opposite the name of the retiree, such an entry is also made.
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How to discharge a temporarily registered person without his consent?
FMS employees have no right to demand any other documents from the applicant. There is no need to confirm the basis for early withdrawal from temporary registration.
The application is drawn up in any form. If the premises are owned by several citizens, then each of them must apply to the FMS. In the case where the apartment belongs to an organization, for example, a municipality, you will also need to present a document certifying the authority of the representative. Usually this is a power of attorney or an extract from the organization’s charter document.
How can the owner cancel the temporary registration of a tenant?
A citizen is registered by the owner of the property after concluding a lease agreement. If the agreement is terminated, the registration is cancelled. It expires automatically when its validity period expires. The owner has the right to terminate registration before this time.
Deregistration is carried out unilaterally. The owner of the premises may not notify the tenant about the upcoming termination of registration.
In practice, cases arose when a person using the premises on a rental basis refused to participate in the procedure. If the document did not indicate the validity period of the registration, then it was not removed from the register.
In such a situation, the owner has to act through the court. He is guaranteed to win the case, since the owner has the right to cancel registration, but only if there are serious reasons.
Reasons for cancellation of registration:
- one of the owners did not consent to the procedure;
- illegal registration;
- absence of the tenant from the apartment for a long period;
- failure by the tenant to pay rent and utilities;
- the citizen was declared dead or missing.
A person cannot be discharged from the property if he has provided the owner with money for the entire period of residence, which the owner of the premises refuses to return.
Procedure for deregistration:
- Writing an application.
- Preparation of documents.
- Contacting the registration authority.
If the laws are not violated, the owner’s requirements are satisfied.
The responsible employee will cancel the registration from the moment the citizen is registered if falsification of information is detected. The employee forwards information about the detected violation of the law to law enforcement agencies. The person is brought to administrative and criminal liability in accordance with the laws of the Russian Federation.
If a citizen illegally moved in or registered in the owner’s living space, the owner can apply to the FMS to cancel the registration. The responsible employee stops the illegal registration, and the violator is forcibly expelled from the premises. An inspection is organized to determine whether a crime has been committed.
When the question arises of deregistering a foreign citizen ahead of schedule, the presence of both parties is required to carry out the procedure. Registration is canceled if a national of another country lives at a different address, violates the rules of the agreement, etc. The guest can initiate the procedure himself. In this case, the presence of both parties is also required.
Cancellation of temporary registration - cancellation of registration before its expiration date. Deregistration is carried out by a citizen independently or by force by the owners of the premises or by an employee of law enforcement agencies. To do this, an application is submitted to the FMS by personally contacting the territorial authorities, through the MFC, and the State Services portal. The departure slip is provided within 3 days.
Statement of claim
- name of the judicial authority;
- Full name of the plaintiff and defendant, contact details of the parties;
- statement of the circumstances of the case;
- presenting evidence in favor of correctness (the tenant uses the apartment as a warehouse, starts drunken brawls, does not pay bills from housing and communal services, etc.);
- requirements to the court (forcibly expel the tenant from the apartment);
- list of attached documents;
- date and signature of the plaintiff.
Citizens' appeals are considered by the district court within 2 months from the date of filing (Article 154 of the Code of Civil Procedure of the Russian Federation).
Required documents
How to register without personal presence? To register a person without his personal presence, you need to have with you:
- passport and military ID of the citizen registering;
- passport of the authorized representative;
- power of attorney executed by a notary;
- a certificate of departure from the previous place of residence (in case the person was deregistered).
Along with the application, the plaintiff submits the following documents:
- copy of passport;
- title documents for the apartment (sale and purchase agreement, inheritance, gift);
- receipts for utility bills;
- an extract from the house register;
- certificate of divorce (if spouses divorce);
- confirmation of violations on the part of the tenant - testimony of neighbors, expert opinions on the amount of losses due to damage to property, etc.
- receipt for payment of state duty.