Home » Buying and selling an apartment » How to deregister a temporarily registered person without his consent
If you spend a long time in a city where a person does not have a permanent residence permit, it becomes necessary to obtain temporary registration. This is given as much as 90 days, subject to permanent registration. People come and go, make temporary registration, but what should a homeowner do if for some reason it is impossible to obtain consent to check out, and the temporary registration needs to be canceled ahead of schedule?
Grounds for discharge without consent
In addition to the quite obvious reason for the expiration of the registration period, at which the registration is canceled automatically, there are several other reasons for completely legally depriving a tenant of a temporary registration:
- The tenant does not live in the apartment . He could move to another home, leave the city, or even go to another country. If a person does not return home to his permanent residence address and remains on the territory of the Russian Federation, he will still be required to register temporarily at a new address within 90 days. In this case, the previous temporary registration is canceled automatically. However, if a person did not register (violated the law), returned home (at the place of permanent registration) or left the country altogether, then based on the fact that the tenant does not actually live in the apartment, he can be deprived of such temporary registration.
- The tenant does not fulfill his obligations . Most often, temporary registration is issued to the person who enters into an apartment rental agreement. This document almost always specifies the obligation to pay the rent on time, as well as pay utility bills. The amount and features may differ slightly, in this case it is not important. If the tenant does not fulfill his obligations, he can be deprived of temporary registration. It should be remembered that you do not need to react immediately, but after about 3-4 months. A shorter period is still acceptable (problems with money, work, and so on), but if non-payment becomes regular and no attempts are made to correct the situation, then you can go to court.
- The tenant is using the apartment for other purposes . Some people use their home for work. For example, they set up a warehouse for finished products there, turn it into a confectionery shop, and so on. All this is the use of housing for other purposes. As a result, if you prove the fact of such misuse of an apartment, you can deprive residents/tenants of their temporary registration.
- The tenant has lost the right to use the property . This is most often true for young married couples. They quickly enter into a marriage and just as quickly dissolve it. Often permanent registration is not issued - only temporary.
Example : Young people, in a fit of passion, signed at the registry office and moved in together. They began to live in his wife’s apartment. Only temporary registration was issued. After some time, the couple decided to divorce. The ex-husband left the premises, but did not check out. It can be written out forcibly (without consent) on the basis of a divorce certificate.
- The tenant violates public order and legislation . Some tenants are very noisy, regularly organize parties, do not respond to comments from the owner, neighbors, and so on. If it can be proven that such violations are not special cases, but regular events, then such a tenant can be discharged from the apartment, depriving him of temporary registration.
Regardless of the situation, you always need to collect evidence. The court will not accommodate the applicant halfway solely on the basis of what he says. You will have to confirm your words. This could be audio or video recordings, testimony from neighboring witnesses, photographs, account statements, and so on.
The concept of temporary registration
Registration made at a location other than your permanent residence address is considered temporary. If a person is on a long trip or studying in another city, he is obliged to register temporarily at his place of residence. However, he is not discharged from his place of permanent residence. The same rules apply to foreign representatives.
Temporary registration gives a person the rights guaranteed by the Constitution:
- the right to free medical care;
- admission to kindergarten, school, university;
- official employment;
- the ability to use banking services;
- social Security;
- registration of documents of all types;
- full participation in the life of the region: elections, local government, etc.
You must register within 90 days.
The maximum period of temporary registration is 5 years. After this time it will have to be extended.
This is interesting: Is it possible and how to expel a non-owner from an apartment without consent?
Procedure
Whatever the basis for discharging a temporarily registered person ahead of schedule without his consent, you will still have to go to court. It will not be possible to solve the problem with a simple statement of departure from the place of residence sent to the MFC, passport office, Ministry of Internal Affairs, and so on. A court decision is always required. Without it, all that remains is to wait for the expiration of the temporary registration.
If the validity period is not specified, then the registration is considered to remain valid for 5 years from the date of registration.
Discharge procedure
You can discharge a tenant with temporary registration early as follows:
- Collect evidence.
- Prepare documents for the court.
- File a claim.
- Submit an application to the court.
- Pay the state fee.
- Wait for the meeting.
- Get a court decision.
- Wait for the decision to take effect.
- With a valid decision, contact the MFC (My Documents) or the passport office in order to discharge a temporarily registered person.
- Receive documents confirming the fact of discharge.
Duration of the procedure
A peaceful resolution of the issue of deregistration through the passport department will take 3 business days from the date of submission of the application. The request can also be submitted through the State Services service or the MFC.
Interesting article: The difference between permanent and temporary registration at the place of residence/stay
The trial period is allotted 2 months from the date of acceptance of the application (Article 154 of the Code of Civil Procedure of the Russian Federation). In difficult cases, the consideration is extended by decision of the chairman of the court for 1 month. Next, you need to wait for the court decision to come into force.
The time period is:
- 30 days if the defendant was present at the trial and did not appeal;
- 7 days if the defendant was absent from the hearing, received a copy of the decision and did not file a complaint;
- 40 days, if the temporary tenant was not at the hearing of the case, he was not given a copy of the decision and there is no response complaint.
Statement of claim for the discharge of a person with temporary registration without his consent
The most important point in this case is the statement of claim. This document must contain all the information on the essence of the application, but without unnecessary data - only facts supported by evidence. It is not recommended to include speculation or unverified/unconfirmed information in this document. The court will not take them into account anyway, and the very fact of the presence of such information may work against the plaintiff.
Contents of the claim
This document must contain the following information:
- Name of the court where the application is sent.
- Details of the applicant, respondent and representative (if required).
- General information on the essence of the appeal.
- Evidence of the plaintiff’s innocence with links to attached documents.
- Requirements for the defendant.
- Attached papers.
- Signature and date.
Sample claim
Documentation
When filing a claim, you must prepare and attach the following documents to the claim:
- Applicant's passport.
- Documents for housing (sale and purchase agreement, donation, privatization, etc.).
- Confirmation of the fact that utility bills have not been paid.
- Extract from the house register.
- Certificate of divorce (if one of the spouses needs to be registered).
- Evidence that the apartment owner is right: witness statements, video or audio materials, photographs and any other documents.
Price
The eviction itself is free, but when going to court you will have to pay a state fee. Its size is 300 rubles. In addition, if the plaintiff plans to act through a representative, he will also need to issue a power of attorney, the cost of which already varies from 2 to 5 thousand rubles (depending on the region and many other factors).
It is quite difficult to discharge a temporarily registered person without his consent. The main problem is to collect evidence that the applicant really has all the necessary grounds for this. At a free consultation, lawyers will tell you how, what and in what order it is best to do in order to achieve your goal. They can also act as representatives of the client in court, which, as practice shows, significantly increases the chances of approval of the claim.
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Author of the article
Natalya Fomicheva
Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.
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Where can I submit documents for deregistration from an apartment and register for temporary registration?
The rules for deregistration from an apartment do not prohibit the use of different methods for this procedure for citizens to apply for the provision of this service.
Using the portal "State Services"
To use this method, you must have an account on the portal. You need to select through your personal account. Next, fill out the proposed application form and confirm sending. After this, you will receive a notification via Internet mail, which will indicate the address of the department of the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation and the date of the visit. You must show up at the appointed time with the originals. If there are no complaints about them during verification, you will be issued a certificate. With this method, the registration time is also usually 3 days.
Through the Multifunctional Center for the Provision of State and Municipal Services
When contacting the MFC branch, you must also fill out an application form and submit the originals of the documents listed above. Specialists will check the information provided by the applicant and then return the papers, except the passport. You will be given a receipt indicating that your application has been accepted. An SMS notification will notify you of the date, time and place of receipt of the certificate. Registration through the MFC takes up to 7 days.
Through a representative
The legal representative must issue a notarized power of attorney to carry out registration on your behalf. Otherwise, the procedure is identical to registration in person.
Many passport offices refuse to work with authorized representatives, so it is better to find out in advance the possibility of registering using this method.
Personal visit
To obtain a temporary registration, you need to come to the territorial office of the Department of Internal Affairs of the Ministry of Internal Affairs of Russia. Use the sample to write an application for registration (the form is provided at the branch). Hand over the package of documents to the passport office employee. You will be given a date and time to receive your temporary registration certificate. Usually issued after 3 days.
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