Is it possible and how to discharge a person from an apartment without his presence in 2023

Content:

Register or register?
On what grounds can a person be deregistered?
The purpose of deregistering a person.
Deregistration: voluntary or without consent.
How to forcibly deregister a person through the court.
How to prove in court that a registered person does not reside.
If there are valid reasons for the person’s absence from the place of registration.
How to deregister from a privatized property. and non-privatized housing
What documents are required to deregister a person
How to sign out a tenant by power of attorney
How to check out of an apartment in Ukraine while abroad

In many cases, deregistration of a person who no longer lives in the apartment is required. Let's take a closer look at how to discharge a person from an apartment and what methods are used for this.

Register or register?

The familiar word “registration” is a thing of the past. Since 2016, registration began to be called registration. Now registration is carried out by local authorities, and not by the migration service. Changing the term does not change the essence of the issue.

“Registration consists of entering data into the register of a territorial community, indicating the person’s place of residence, followed by entering information into the Unified Demographic State Register.”

If a person has a permanent address, he is subject to mandatory registration, which is carried out with the permission of the owner of the living space on the day the person submitted the relevant application and accompanying documents. It is also possible to register a new address on the day of deregistration at the previous place of residence.

Deregistration is possible using 2 methods: voluntarily at the personal request of the person, or forcibly (without his consent) through the court.

On what grounds can a person be deregistered?

A person loses the right to use living space and is deregistered in the following cases:

• there is no right of residence (if a person moves in without the owner’s permission);
• the right to use residential premises was lost due to the person’s long-term absence (6 months for non-privatized housing and a year for privatized housing);
• a person was forcibly evicted due to constant violation of the rules and norms of behavior and cohabitation;
• the tenant has gone missing;
• the tenant died.

Purpose of deregistration of a person

It may be necessary to discharge a former tenant from an apartment in different situations. Registration of other residents (relatives, ex-husband or wife) who have not lived in it for a long time makes it impossible for the owner to dispose of the apartment.

In such a situation, the owner has no right to sell the property. If a registered relative does not agree to be deregistered, or his location is unknown, the homeowner has the legal right to demand his deregistration by presenting evidence of his absence.

Deregistration: voluntary or without consent

If you need to deregister a person from an apartment with consent, he must personally write a statement with a request to remove him from registration at his previous address. The application is submitted to the executive body of the village, town or city council. Or to a specialized center for the provision of administrative services at the location of the residential premises in which the person is registered.

If it is necessary to remove a minor from the apartment, the written consent of his father and mother is required. The application is drawn up and submitted by the parents as the legal representatives of the child.

If you have to deregister an apartment without the presence or consent of the person (or the parents of a minor), the problem can only be resolved in court.

How to forcibly deregister a person through the court

Discharge from an apartment of a person who does not consent to the discharge, or whose place of stay is unknown, is possible only by court decision.

Algorithm of actions of the home owner or tenant (tenant of the apartment):

• preparation of documents;
• submission of a package of documents to the district court, which corresponds to the location of a specific residential property;
• obtaining a positive court decision;
• filing a court decision with the local authority.

The amount of the court fee is equal to the cost of the non-property claim. The court's decision is influenced by the form of ownership of the residential property, family ties and the period of absence of the registered person at a specific address.

It should be borne in mind that the resulting positive court decision will not be the final solution to the problem. — A forcibly discharged person has the right to go to court to protect his rights in order to restore registration.

How to prove in court that a registered person does not reside

They go to court only if there is sufficient and convincing evidence of the absence of a registered person.

The evidence is:

1. Registered letters to an absent person with a request to be removed from the register. The receipt mark will prove that the letters were sent.
2. 3 (or more) acts of the housing office commission. The acts indicate that the presence of the former tenant at the specified address was not detected. The acts are drawn up during the last year preceding the application to the court.
3. Witness's testimonies. Confirmation of the fact of the person’s absence by 2-3 neighbors will be sufficient. Neighbors come to court to confirm that they have not seen the former tenant at the specified address for a year.
4. Documentary confirmation of the residence of a relative in another locality, the presence of another family.

It is also necessary to prove the absence of valid reasons for not living at a specific address, and not preventing a relative from living in the apartment (for example, the presence of old locks).

If there are valid reasons for the person’s absence from the place of registration

If there are the following valid reasons, a temporarily absent tenant or members of his family for 6 months or more cannot be evicted from the residential premises or removed from the register:

• military service;
• temporary travel outside of Ukraine to study or work under a contract;
• placing a child in an orphanage, in foster care with relatives, in a foster family (for the entire period of stay)
• travel in connection with the performance of duties of a guardian or trustee (for the entire period of performance of such duties
• placement of disabled persons in social assistance institutions for the entire period of stay in them
• departure for treatment to a special treatment and preventive institution;
• taking into custody, arrest;
• sentence to imprisonment for committing a crime.

In such circumstances, the court extends the period of permissible temporary absence from the registered address, in accordance with the Housing Code.

How to discharge from privatized and non-privatized housing

If the apartment is privately owned, the owner has the right to expel persons who are absent from the residential premises, provided that the former residents do not own part of the living space. In Art.

405 of the Civil Code of Ukraine for family members of the owner, a period of non-residence without good reason is established for more than 1 year.

In a non-privatized facility, a person residing under registration has the right to write out registered people who have left. To do this, a relative must be absent for more than a year, and without family ties, absence is limited to 6 months.

What documents are required to deregister a person?

Based on Art. 7 of the Law “On freedom of movement and free choice of place of residence in Ukraine” and clause 26 of the Registration Rules, the following documents are submitted for registration:

1. Grounds for deregistration: personal statement; a court decision depriving ownership rights to living space, or declaring absence; death certificate and other documents confirming the termination of rights to use housing.
2. Passport (temporary ID, residence permit, etc.), and for minors - birth certificate.
3. Receipt to confirm payment of the administrative fee.
4. Military ID (certificate of registration). Submitted by persons registered with the military.
5. Power of attorney and passport confirming the identity of the representative in case the person cannot submit the application on his own.

The preparation of documents should be approached responsibly, since the success of the case depends on the completeness and credibility of the provided documentary evidence. In the absence of special knowledge, it would be better to entrust the preparation and conduct of the case in court to an experienced lawyer.

How to discharge a tenant by power of attorney

Circumstances often arise that make it impossible to personally deregister at your place of residence. Many people have a question: is it possible and how to sign a person out of an apartment by proxy? In such situations, a person can be discharged by a person to whom the departing tenant entrusts such a right.

To do this, you need to issue a power of attorney from a notary, giving the representative the right to perform an administrative procedure on behalf of the principal.

The representative applies to the executive body of the village, town or city council or to the center for the provision of administrative services with an application for deregistration and provides a power of attorney, as well as a passport or other identification document.

How to check out of an apartment in Ukraine while abroad

Often, when leaving for permanent residence abroad, people do not have time to deregister, and this creates difficulties for relatives when selling real estate. It is possible to deregister a relative who has changed his place of residence without his presence in Ukraine.

Procedure steps:

1. A citizen who has left Ukraine applies to the Ukrainian consulate of the country in which he resides to certify the application for termination of apartment registration.
2. Sends originals of received documents to an authorized person in Ukraine.
3. The authorized representative, upon receipt of an application certified by the consulate, contacts the authorized body and discharges the former tenant without his presence in Ukraine.

If you have any difficulties or questions regarding the current situation, or there is a need to remove a retired family member from the apartment, it is better to contact a real estate lawyer who specializes in such cases.

The Alliance of Family Lawyers is always ready to help. To receive advice and professional legal assistance, please contact us in a convenient way: write to chat, call or leave a request on the website.

They will help you solve the problem as soon as possible.

Number of views: 11,559

How to forcibly expel a person from a municipal apartment without his consent

Article updated: June 28, 2023

Hello. I am a visiting lawyer from the Bessonov and Partners law firm. I specialize in discharging citizens in court.

According to paragraph 1 of Art. 35 Housing Code of the Russian Federation and paragraphs. 5 (e) clause 31 of Government Decree No. 713 of July 17, 1995, you can ONLY discharge a person from an apartment without his consent THROUGH THE COURT.

Therefore, if a person refuses to check out of a municipal apartment, ignores this requirement, or there is no connection with it, then it is necessary to draw up a statement of claim for termination of the rights to use the residential premises and submit it along with other documents to the court. I described everything in detail in the article.

According to these instructions, you can write out not only the person registered in the apartment, but also the main tenant/tenant . Because family members of the main tenant/tenant have equal rights with him - clause 2 of Art. 69 Housing Code of the Russian Federation.

It doesn’t matter who you want to write out: your ex-spouse, relative, stranger, etc. — the conditions for discharge from a municipal apartment are the same for everyone.

The most important thing is that the person does not live in the apartment for a long time (in practice, at least half a year), moves out voluntarily and does not pay utility bills. The conditions are listed in more detail below.

But for convenience, I wrote separate articles about the removal of my ex-husband, ex-wife and my adult (adult) children from the municipal apartment (by adult children, I mean an adult son/daughter/grandson/granddaughter who have not lived in the apartment for a long time).

1. A person must not live in an apartment for a long time - clause 3 of article 83 of the Housing Code of the Russian Federation. The exact minimum period is not established by law, but in practice the minimum is six months.↓
2. He left the apartment on a permanent basis, and not temporarily due to study, work, business trips, treatment, etc. - Art. 71 Housing Code of the Russian Federation. That is, I took all my things out of the apartment. It’s even better if he lives with a new family or in another locality↓
3. He left voluntarily, not forced. For example, because of conflicts or the fact that he is in prison.↓
4. Does not pay utility bills (or pays them partially), does not participate in the repair and maintenance of the apartment. This is in paragraph 4 of Art. 69 Housing Code of the Russian Federation.↓
5. He did not try to move into the apartment again, and if he did, he was NOT prevented from doing so.

The extract instructions themselves are written below.

There are more chances if you contact a lawyer

If all of the above conditions are met, this is good, but only half the battle. The difficulty is that the existence of conditions must be PROVED IN WRITING. The judge will not believe the words and arguments. And to prove it, you need to provide the judge with certain certificates and acts from various government departments and organizations.

An ordinary citizen himself will not be able to obtain some documents, simply because he does not have a certain status and authority. But a hired lawyer can. He, having legal status, will make a request to the necessary organizations - clause 5 of Art. 6.1 Federal Law of May 31, 2002 No. 63-FZ.

By law, organizations are required to respond to requests from lawyers, otherwise they face a fine - Art. 5.39 Code of Administrative Offenses of the Russian Federation.

If you do not contact a lawyer, the judge himself will fill out the requests, and will offer you to take them to organizations and pick up the answers when they are ready, wasting your time and money. He will offer it, but he cannot force it.

BUT the worst thing is that you will no longer have the opportunity to adjust requests that are more beneficial to you. And you won’t be able to filter out the responses you receive and discard unnecessary ones. In addition, you will not recognize some answers; they will be sealed in envelopes.

All this greatly reduces your chances of winning your case.

The lawyer will study your situation and send requests to those organizations and departments that are beneficial to you. The hired lawyer himself will draw up a request, send it and collect answers to them. Then, from the received answers, it will select the most useful ones.

I advise residents of Moscow or the region to contact our law office “Bessonov and Partners”. According to statistics, we win 84% of cases in court based on extracts and have been working in this area since 2008. We will carefully review your situation and find a solution to discharge the person, based on our 10 years of experience in such cases.

This service is called “Extract - all inclusive”.

The cost of the service is from 50 thousand rubles. It all depends on your situation and its complexity. For visitors to this site there is a discount from 5% to 10%. To receive a discount, when applying, say that you came from the website Prozhim.com. For a free consultation, call 8 (495) 642-31-96 (only for residents of Moscow and the region / daily from 9:00 to 21:00).

Instructions

Parties in court: Plaintiff - they can be the tenant/main tenant and/or any of those registered in the apartment, i.e. It is not necessary to be included in the social tenancy order/agreement. In general, it is not necessary for everyone who is included in the order or social tenancy agreement or is simply registered in the apartment to participate in court; one of them can.

It is best for the interests of the plaintiffs to be represented in court by a hired lawyer, I wrote above why; The defendant is the person you want to discharge. It makes no difference whether it is included in the social tenancy agreement/order or not. The defendant may also have representatives - a lawyer, lawyer, etc.

; The third party is witnesses (if any) and a representative of the Migration Department of the Main Directorate of the Ministry of Internal Affairs of the subject (almost never present at the court hearing).

1. Collect evidence for court.

   This step is the most important and difficult. Above I listed the conditions under which you can win a case. So it is necessary to collect written evidence that these conditions are met.

   It is better to collect evidence BEFORE filing a claim; only a hired lawyer can do this. Because he has the status of a lawyer and the necessary powers. I wrote above why this is so. What and how to prove:

   • A) The defendant has not lived in the apartment for a long time and moved out on a permanent basis, and not temporarily due to study, work, business trip, treatment, caring for someone, etc. How to prove:
     • Invite witnesses to court - neighbors, relatives or friends.
     • The hired lawyer will request and receive a response from the district police officer about the non-residence and absence of the defendant’s belongings. The district police officer and witnesses will inspect the apartment, interview residents and neighbors. Duration – 30 days.
     • The lawyer will also request an apartment inspection report from the Management Company (housing office, housing department, homeowners association) about the fact that the defendant is not living in and that his things are missing. A management officer will also inspect the apartment. The processing time is approximately 10-20 days.
     • He will send a request and receive a certificate from the head physician of the district clinic about the absence/presence of the defendant’s requests and (or) a doctor’s home call. Receipt time: 15 days.
     • Request and receive answers from the tax office and the Pension Fund about the address of the defendant’s place of work and his actual residence. Both certificates are issued within 30 days.
     • The district post office will receive a response about the defendant’s non-receipt of correspondence.
   • B) The defendant left voluntarily, and not forced due to conflicts.

     Upon request, the lawyer will take a response from the district police department (OVD) about the absence of complaints from the defendant regarding the obstruction of his residence, or other statements about conflicts in the family. It is also worth bringing witnesses (neighbors, relatives, friends) to court who will report that there were no quarrels.

   • C) The defendant does not pay utility bills (or pays them partially), does not participate in repairs and maintenance of the apartment.

     It is necessary to provide the court with receipts for payment of utility bills and preferably for the entire period of the defendant’s absence. The main thing is that he is not indicated as the payer on the receipts. If the defendant in court says that he handed over part of the money for payment, then he still needs to prove this.

   • D) He did not try to move into the apartment again, and if he did, he was NOT prevented from doing so.

     At the district police station (OVD), upon request, the lawyer will receive a certificate stating that they do not have a statement from the defendant about the presence of obstacles to moving back to live. Additionally, it would not hurt to invite witnesses.

2. Draw up a statement of claim against the defendant for termination of the rights to use the residential premises.

   The tenant (main tenant) or a member of his family, who are indicated in the order/social tenancy agreement or are simply registered in the apartment, can appear in the application.

   Whoever is indicated in the application as the plaintiff must participate in the trial. If there are several plaintiffs, then there is no need to file a statement of claim from each one.

   A statement from one plaintiff is sufficient, and the rest will be indicated as third parties who have the right to express their opinion regarding the claim.

   There is no need to draw up a statement of claim yourself or look for samples on the Internet. Almost every situation when discharged through the court is individual, and the samples on the Internet do not contain the items that need to be indicated specifically in your situation. Even due to a small inaccuracy in the application, it may be rejected.

   Residents of Moscow and the region can contact our law office “Bessonov and Partners” to draw up a statement of claim. The bureau's specialists will listen carefully, get acquainted with the situation and correctly draw up a statement of claim, which will definitely be accepted in court. Cost about 7 thousand rubles.

   They will tell you the full cost after reviewing your situation. For visitors to this site there is a discount of 5% to 10% on all services. To receive a discount, say that you came from the website Prozhim.com.

   For all questions and for a free consultation, call 8 (495) 642-31-96 (only for residents of Moscow and the region / daily from 9:00 to 21:00).

   You can also order the “Extract - all inclusive” service from the Bessonov and Partners bureau. The lawyers of the bureau will do all the steps for the discharge for you. Details above.

   If you decide to draw up a statement of claim yourself, then be sure to include the address of the defendant’s residence in the address of the apartment from which you want to discharge him. This is necessary for the court to send him a subpoena (Article 113 of the Code of Civil Procedure of the Russian Federation). According to the logic of the court, the defendant’s residential address is his registration address (clause

   63 Resolution of the Plenum of the Supreme Court of June 23, 2015 N25). Therefore, if the defendant does not receive the summons, simply because he does not live there, the court will still consider it served. The court, according to the law, took all measures to notify the defendant, and if he does not appear, the judge will consider the case without his participation (in absentia under clause 4 of Art.

   167 Code of Civil Procedure of the Russian Federation).

   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.

   →Lawyers will draw up a statement of claim to the court for the person’s discharge. Leave the application and the lawyers will, without errors, draw up a correct statement of claim to the court for the person’s discharge. No going to the office. Plus free legal advice.Pravoved.RU

3. Submit a statement of claim and other documents to the court.

   Whoever appears in the statement of claim as a plaintiff is the one who files. Your lawyer can also do this.

   You need to go to court at the location of the apartment (Article 24 and Article 28 of the Code of Civil Procedure of the Russian Federation). Usually in large cities these are district courts, in small towns and villages - city courts.

   First, you need to get a receipt for payment of the state fee from the court office. The state fee is 300 rubles (clause 3, clause 1, article 333.19 of the Tax Code of the Russian Federation) and can be paid in the courthouse itself. Then, after payment, you submit the following documents (originals and copies) to the court reception (expedition):

   • Statement of claim;
   • Passport(s) of the plaintiff(s). If instead of the plaintiffs the documents are submitted by an authorized person, then his passport and a notarized power of attorney are needed. If one of the plaintiffs is a minor, then his birth certificate;
   • Written evidence, if collected in advance. What evidence is needed and how to collect it is written above.
   • Social order or agreement hiring;
   • A copy of the personal account (extract from the personal account), which can be obtained from the Management Company;
   • Extract from the house register (certificate of family composition, certificate of registered citizens in the apartment according to Form 9). This extract contains the full names of all registered (registered) citizens in the apartment. For instructions on how to obtain it, follow this link;
   • A check with a receipt for payment of the state duty;
   • If a lawyer was hired, then his passport and a notarized power of attorney from the plaintiffs.

   If you have questions, you can consult a lawyer for free. Ask your question in the online consultant window at the bottom right of the screen, in the comments or by phone (24 hours a day, 7 days a week): 8 (495) 642-31-96 - Moscow and region; 8 (812) 425-64-92 — St. Petersburg and region; 8 (800) 350-29-86 - all regions of the Russian Federation.

4. The judge will consider the application and a preliminary hearing date will be set..

   Within 5 working days from the date of filing the documents, the judge will consider the statement of claim and decide what to do with it next - accept, reject or leave without progress.

   If the judge accepts the claim, he will set a date for a preliminary hearing. According to the law, within a month from the date of acceptance of the application (clause 1 of article 154 of the Code of Civil Procedure of the Russian Federation). The court will send by certified mail to the plaintiff(s), defendant and third parties summons of time and place. The defendant is usually sent summons at least twice.

5. Conducting a preliminary meeting.

   The preliminary hearing is preparation for the trial. In it, the judge reviews the submitted evidence and other documents. If there are not enough documents, the judge will indicate which ones. If the evidence was not collected in advance, the judge will suggest filing a motion to obtain it.

   Additionally, the plaintiff or his lawyer (which he already knows) needs to ask the court to request information about the availability of real estate from the defendant. This is important, because if the defendant has real estate, the court will decide that he has somewhere else to live. This increases the chances of his discharge.

   After all clarifications and petitions, a court date will be set. The defendant is again sent subpoenas, but this time for a court hearing. If the court, upon request, learns that the defendant owns real estate, then it will send summons to this address.

6. Conducting a court hearing.

   In court, plaintiffs or their lawyer must state that all conditions are in place for the defendant to be discharged and provide written evidence for this. If necessary, the judge will invite witnesses and listen to them.

   Advice: there is no need to slander or speak negatively about the defendant. It should not be said, for example, that the defendant led an immoral lifestyle, drank a lot, caused scandals, etc. Even if it's true.

   The more negative, the higher the likelihood that the judge will consider that the defendant was forced to leave the apartment due to conflicts. Only a person who has voluntarily left can be discharged from a municipal apartment.

   The defendant can also protect his interests.

   There may be several court hearings, depending on many factors.

7. The court's decision is announced.

   After the judge considers all the demands and arguments of the parties, he will make and announce his decision. If the defendant was present at the court hearings, then there will be a court decision in person, and it comes into force within a month after the announcement.

   If he was not present at any court hearing, then the decision can be either in person or in absentia (takes effect after a month and 7 days), this will be for the consideration of a specific judge.

   The losing party may file an appeal during this time.

8. Pick up a copy of the court decision . You can find out about its readiness by calling the court office.
9. Take a copy of the court decision to the Department of the Ministry of Internal Affairs.

   If the court made a decision in favor of the plaintiffs to discharge the defendant and it came into force, you need to take a copy of the court decision to the regional department for migration issues of the Ministry of Internal Affairs (formerly the Federal Migration Service). According to the law, the defendant must be discharged within 3 working days (deregistered).

How can you sign a person out of an apartment without his presence and consent?

• Extract refers to the removal of a person from registration at the place of residence.
• This is usually done on the resident’s personal initiative, but in some cases it is possible to discharge a person without his or her desire.
• To deregister, it is desirable that the person signing out be present, but this is not always possible, even if the process occurs with his or her knowledge.
• In such cases, it is permissible to deregister without the personal presence of the tenant.
• Let's figure out whether it is possible to discharge a person without his presence.
• The reasons for deregistration at the place of residence can be very different.
• Let's look at the most common ones: If the personal presence of the person being discharged 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: The law does not oblige passport officers to issue a power of attorney, so they may well not accept the application, especially if something seemed suspicious to them.
• However, in most cases, discharge occurs without any particular difficulties.
• As for the power of attorney, it must contain a specific instruction for one action.

Power of attorney for discharge from an apartment sample, how to discharge a person without

1. 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.
2. If there is a need to go to court, deregistration upon receipt of a positive decision can be carried out even in the absence of the defendant.

3. For a forced discharge, you need to contact the local city or district court with documents: In the latter case, along with the discharge, you can demand the court to recognize the missing person as deceased if he has been listed as missing by law enforcement for 5 years (you must present the corresponding conclusion from the police or prosecutor's office ).

4. To get an extract, you should contact the passport office of the Criminal Code or the migration service department with a passport, documents for the apartment and a court decision that has entered into force (usually 2 weeks after its announcement).
5. The law does not oblige residents to be discharged when changing their permanent or temporary address.

6. It is perfectly acceptable to move and register in a new location, but the applicant should automatically be deregistered at the previous address.
7. To do this, just go to the passport office with documents: The application must indicate that deregistration at the old address is required.

8. Passport holders must send the necessary documentation to the management company themselves.
9. Deregistration occurs within 3 days from the date of receipt of the papers.
10. In practice, automatic deregistration may take 2-3 months, especially if the distances between cities are considerable.

11. At the same time, the tenant remains obligated to pay utility bills at both addresses, which leads to increased expenses.
12. Of course, you can recalculate later, but it takes time.
13. So it’s better to first deregister at your old address and then register in a new place, not trusting the work of officials during automatic deregistration.

14. If personal presence during deregistration is impossible, and there is no desire to rely on automatic deregistration, then you can use the website for the provision of public services.
15. To do this, you need to follow the algorithm: At the appointed time, you need to come with a passport, in which FMS employees will put the required stamp.

16. The discharge to the previous place of residence will occur automatically, but in accordance with electronic document flow, which reduces waiting time and minimizes the possibility of error.
17. Modern life for many citizens involves moving and changing their place of residence.

18. Unfortunately, cases cannot be ruled out when a person who no longer lives in the owner’s apartment or house needs to be discharged, but he cannot or does not want to discharge himself.

19. In addition, there are cases in which a person does not actually have the opportunity to be personally present at the migration service when deregistering him.
20. According to the law, it is possible to discharge a tenant from an apartment or house, but these must be situations provided for by Russian legislation, for example: It may be noted that in some situations a person can be discharged from an apartment only by a court decision and nothing else.

Is it possible to check out of an apartment without personal presence in 2023?

• At the same time, the tenant remains obligated to pay utility bills at both addresses, which leads to increased expenses.
• Of course, you can recalculate later, but it takes time.
• So it’s better to first deregister at your old address and then register in a new place, not trusting the work of officials during automatic deregistration.
• If personal presence during deregistration is impossible, and there is no desire to rely on automatic deregistration, then you can use the website for the provision of public services.
• To do this, you need to follow the algorithm: At the appointed time, you need to come with a passport, in which FMS employees will put the required stamp.
• The discharge to the previous place of residence will occur automatically, but in accordance with electronic document flow, which reduces waiting time and minimizes the possibility of error.

1. Modern life for many citizens involves moving and changing their place of residence.

2. Unfortunately, cases cannot be ruled out when a person who no longer lives in the owner’s apartment or house needs to be discharged, but he cannot or does not want to discharge himself.

3. In addition, there are cases in which a person does not actually have the opportunity to be personally present at the migration service when deregistering him.
4. According to the law, it is possible to discharge a tenant from an apartment or house, but these must be situations provided for by Russian legislation, for example: It may be noted that in some situations a person can be discharged from an apartment only by a court decision and nothing else.

How to expel a person from an apartment without his consent

• Regardless of the grounds for eviction of a person without his personal presence at the migration authority, there are only three registration options: Our articles talk about typical ways to resolve legal issues, but each case is unique.
• If you want to find out how to solve your specific problem, please contact the online consultant form on the right → It's fast and free!
• Or call us by phone (24 hours a day): The easiest way to check out of an apartment or house without a personal presence at the migration service at the place of registration is to register a new registration at the territorial office of another locality.
• In essence, this is a standard registration procedure, in which a citizen, after moving, appears at the migration service office at the location of the new home and submits an appropriate application with documents.

The application is filled out in the prescribed form, which can be obtained from the migration service or taken from the official state portal. When registering for registration, the FMS authorities can simultaneously discharge a person by putting the necessary stamps in his passport.

1. If a citizen was unable to check out of his previous apartment in advance, the procedure for obtaining a new registration will simply take several days longer.
2. This is due to the fact that migration service employees send an official request to the previous registration address, from where the person is deregistered.
3. If, when you contact the FMS, you are refused to issue a new registration or be registered at your old address, you should know that the refusal in this case will be illegal, which means you can safely go to court.
4. It can be noted that the most popular way to sign a person out of an apartment without his personal presence is to issue a notarized power of attorney for a representative.
5. This option is usually applicable in situations where a person has objective reasons for being absent from the migration department when registering an extract, and the owner urgently needs to complete a real estate transaction.
6. Before drawing up a power of attorney, you need to consult with the Federal Migration Service whether it is possible to carry out the procedure for deregistration using it in this particular territorial office.
7. This is necessary in order not to waste time and financial resources, since not all territorial offices approve such registrations.
8. This is due to the fact that quite often scammers act this way.
9. Sequence of discharge by power of attorney: Discharge of a registered citizen without his personal presence with the involvement of the court is possible for a variety of reasons, for example, imprisonment of a resident.
10. Of course, such a person cannot be discharged prematurely, before the court issues a sentence and a deprivation of liberty order.
11. Do not confuse a court case with the consideration of deregistration and a case with the consideration of the corpus delicti.
12. In other words, the legal basis for removing a prisoner from registration is a court verdict.

A similar case is with the recognition of a tenant as missing through the court, since there cannot be other options for recognition. For example, the fact of a long absence and lack of information about the location of the resident during the year.

The claim must be filed by the owner of the apartment or another person interested in the extract.

The way to go to court to expel a person from the living space on your own is to recognize the person as having lost the right to use the housing.

Is it possible to discharge a person from a municipal apartment without his consent?

• This is possible due to unfair use of housing, antisocial behavior, damage to property, or deprivation of parental rights.
• Our articles talk about typical ways to resolve legal issues, but each case is unique.
• If you want to find out how to solve your particular problem, please contact the online consultant form.
• In the lives of some of us, it happens when a partner drinks alcohol or simply behaves in an inappropriate way.
• Accordingly, sooner or later patience comes to an end and you need to act decisively.
• One of these actions may be the removal of a person from the apartment.

You can expel a person from a municipal apartment without his consent, while complying with all the laws of the Russian Federation, you just need to know what and what applications you need to have.

Initially, file a complaint with the municipality, in other words, the owner of your home, so that he issues a warning to the “boor” and hooligan.

1. In accordance with Article 91 of the Housing Code of the Russian Federation, if a person does not stop behaving disparagingly towards you or other neighbors, then he can be discharged in court.
2. If your ex-husband, who is registered in a municipal apartment, does not live or does not pay for utilities, then you still cannot discharge him.
3. In this case, demand the forced exchange of a non-privatized apartment, in accordance with Article 72 of the Housing Code of the Russian Federation.
4. If you have rented out an apartment, and an unwanted tenant does not pay for utilities, and you do not consider it necessary to pay money for him, then in accordance with Article 90 of the Housing Code of the Russian Federation, provided that no rent has been paid for 6 months, then the tenant and his family evicted in court, that is, without his consent.
5. You will need to contact your municipal office.
6. If your ex-husband does not want to move out of the privatized apartment that was purchased before marriage, then you should file a claim in court, in which you need to describe the situation in detail and clearly.
7. According to Article 31 of the RF Housing Code, the former spouse’s right to use housing is terminated immediately after the divorce.
8. If, as often happens, his or her brothers/sisters and other relatives are registered in the apartment, then they are also subject to eviction without taking into account their consent.
9. Therefore, if a person refuses to check out or simply ignores it, then the owners or tenants (tenants) need to contact the district court at the location of the apartment, file a statement of claim, win the case and take the court decision to the Department of the Ministry of Internal Affairs.
10. The conditions for deregistering a person differ when the apartment is privately owned or municipal/state owned.
11. Therefore: The most important condition is that the person you want to register should not be the owner/one of the owners of the apartment.

If he is the owner of the apartment/share in it, then it will not be possible to force him out, even through the court. And it doesn’t matter how the apartment was acquired - it was purchased, received as a gift, inherited, etc.

According to the law, the owner has the right to live in his own home - p. Instructions on how to forcibly deregister a non-owner. Detailed instructions at the link - We discharge a person from a municipal apartment without his consent.

• This is possible due to unfair use of housing, antisocial behavior, damage to property, or deprivation of parental rights.
• Our articles talk about typical ways to resolve legal issues, but each case is unique.
• If you want to find out how to solve your particular problem, please contact the online consultant form.
• In the lives of some of us, it happens when a partner drinks alcohol or simply behaves in an inappropriate way.
• Accordingly, sooner or later patience comes to an end and you need to act decisively.
• One of these actions may be the removal of a person from the apartment.

You can expel a person from a municipal apartment without his consent, while complying with all the laws of the Russian Federation, you just need to know what and what applications you need to have.

Initially, file a complaint with the municipality, in other words, the owner of your home, so that he issues a warning to the “boor” and hooligan.

1. In accordance with Article 91 of the Housing Code of the Russian Federation, if a person does not stop behaving disparagingly towards you or other neighbors, then he can be discharged in court.
2. If your ex-husband, who is registered in a municipal apartment, does not live or does not pay for utilities, then you still cannot discharge him.
3. In this case, demand the forced exchange of a non-privatized apartment, in accordance with Article 72 of the Housing Code of the Russian Federation.
4. If you have rented out an apartment, and an unwanted tenant does not pay for utilities, and you do not consider it necessary to pay money for him, then in accordance with Article 90 of the Housing Code of the Russian Federation, provided that no rent has been paid for 6 months, then the tenant and his family evicted in court, that is, without his consent.
5. You will need to contact your municipal office.
6. If your ex-husband does not want to move out of the privatized apartment that was purchased before marriage, then you should file a claim in court, in which you need to describe the situation in detail and clearly.
7. According to Article 31 of the RF Housing Code, the former spouse’s right to use housing is terminated immediately after the divorce.
8. If, as often happens, his or her brothers/sisters and other relatives are registered in the apartment, then they are also subject to eviction without taking into account their consent.
9. Therefore, if a person refuses to check out or simply ignores it, then the owners or tenants (tenants) need to contact the district court at the location of the apartment, file a statement of claim, win the case and take the court decision to the Department of the Ministry of Internal Affairs.
10. The conditions for deregistering a person differ when the apartment is privately owned or municipal/state owned.
11. Therefore: The most important condition is that the person you want to register should not be the owner/one of the owners of the apartment.

If he is the owner of the apartment/share in it, then it will not be possible to force him out, even through the court. And it doesn’t matter how the apartment was acquired - it was purchased, received as a gift, inherited, etc.

According to the law, the owner has the right to live in his own home - p. Instructions on how to forcibly deregister a non-owner. Detailed instructions at the link - We discharge a person from a municipal apartment without his consent.

How to discharge a person from an apartment: discharge a person from an apartment through the court, expelling a person from an apartment - how to discharge a tenant without consent

The registration authorities fix the address of the place of permanent or temporary registration of a particular person, and make a corresponding entry in the accounting database. And as long as this record exists, the person is considered registered at this address. This means he can live there.

When a registration record is changed or deleted, the person is removed from the apartment. In this case, the discharged person no longer has the right to use the living space of his former registration.

You can discharge yourself and voluntarily by simply filling out an application and attaching the relevant documents to it. Otherwise, it is necessary to go through a long procedure of obtaining a court decision to discharge the tenant; or at the registration authorities you need to attach documents that confirm the grounds for discharge.

Why do you need an extract?

Most often they are discharged from an apartment/house when:

• place of residence changes;
• they are planning to move, but where they will live is not yet known;
• temporarily vacate living space;
• sold the apartment.

The procedure of forced deregistration is resorted to when the interests and rights of property owners are violated.

In what cases may it be necessary to check out of an apartment without a person’s consent:

1. They are planning to sell their apartment and need to remove encumbrances.
2. The couple is getting divorced. You need to evict your ex-husband/wife. Moreover, the property was purchased before marriage by one of the spouses. But! If the apartment was privatized during marriage, and one of the spouses actually renounced their right to housing and refused to participate in privatization, then it is practically impossible to discharge this person. The owner can dispose of the housing, sell it, rent it out. But it is not possible to write out your ex-spouse.
3. It's simply impossible to live together. The discharged person is rowdy, mischievous, aggressive, and leads an immoral lifestyle.
4. The registered person does not participate at all in the maintenance of the house/apartment. If a person does not live in an apartment for a long time, does not pay for utilities and does not monitor the condition of the housing. However, he lives at a different address.
5. The previous owner forgot to register other people. This often happens when real estate was inherited.
6. The person does not have the right to use housing, but does not want to be discharged.
7. The person being discharged lives at a different address.
8. The “tenant” does not live at all, but uses the property for commercial purposes—animal care, a creative workshop.
9. A parent deprived of parental rights cannot be registered with the child together. The child can be registered independently.

All of these described cases are grounds for deregistration from the apartment by the owner through the court, if it was not possible to agree on voluntary deregistration.

But without legal proceedings and without consent, you can expel a non-owner tenant from the apartment in the following cases:

• The person has died and there is a certificate of his death (or there is a court decision recognizing the fact of his death).
• The registration was obtained in violation of the law or using forged documents. And there is all the evidence confirming this fact.

Voluntary and forced discharge

Russian legislation strictly regulates all procedures for registration and deregistration at the address of residence. To quickly discharge a person, you need to strictly follow the prescribed procedure and collect all the necessary documents.

Many questions arise when there is a need to discharge a tenant or to discharge oneself from an apartment or house. Usually, the person who is discharged personally goes to the passport office or other representative office of the registration authorities. There he writes a statement and provides documents. And then, based on this documentation, an extract is issued.

But such deregistration is not always possible. Sometimes the person being discharged simply cannot reach the passport office (physically or due to other circumstances).

Sometimes residents do not want to check out and leave the house.

And how to discharge a registered person from the apartment in these cases? Who can deregister a tenant from an apartment? Then only the owner of the property can deregister the person registered in his home.

Reference! There are two types of registration: permanent - registration at the place of residence - and temporary - at the place of stay. With permanent registration, the tenant can use the living space unlimitedly, without any time restrictions. Temporary registration limits the period of residence of a person. And when this period ends, registration automatically ends.

Legal standards

Let's consider what laws, acts and regulations stipulate the registration procedure.

How to legally discharge a tenant without consent? In order to deregister a person without his consent, you need to confirm that this person does not have the right to use this housing. The procedure for the owner to check out registered residents from an apartment is also clearly regulated. It is necessary to confirm with documentation or through a court decision the lack of right to use housing.

Emerging nuances

The extract can be with simultaneous registration (registration) at another address or without it.

When there is somewhere to register, there are no problems. You need to submit completed applications for deregistration and registration at another address with a supporting document attached, for example, a purchase and sale agreement.

But when a person is discharged “into the void,” difficulties arise, because every citizen of Russia is required to have a registration.

Possible cases when it is necessary to be discharged without registration:

1. The house has been sold, but a new one has not yet been purchased.
2. Leaving the country.
3. You will be forcibly evicted from your house/apartment.

When they are discharged with further registration, the person being discharged is given a departure slip, on which they write down the expected address of future registration. But at the same time, this address is not at all mandatory for further registration. This address only indicates that the discharged person will have a place to live. You can write any existing address on the departure sheet.

Attention ! But from the moment of discharge, the citizen is obliged to make a new registration within a week (7 calendar days). Otherwise, there will be fines ranging from 2 to 2.5 thousand rubles.

What documents will be required

If the owner previously registered a person in his home, then in order to check out, you will need two things - only a passport and an application; sometimes they may ask for papers confirming the previous registration (for example, a rental agreement).

How can an owner remove a registered person from an apartment? You must present papers confirming the grounds for deregistration - an expired lease agreement, a court decision, a death certificate, etc. It is advisable to indicate this reason in the standard application in the column “Reason for deregistration.”

If you immediately register your place of residence/stay at a new address, you must fill out and submit the appropriate application and documents confirming the legality of the registration.

Algorithm of actions

To ensure everything goes smoothly, prepare the necessary documents in advance. Then go to the registration authority (passport office, FMS department or MFC) and there take a sample application, fill out the form and submit the necessary papers along with the application.

After three days, you should receive a passport with a mark of deregistration at this address or another document confirming the deregistration.

Independent discharge

If a person decides to discharge himself, then no one can prevent him from doing so - contact the registration authority (passport office, branch of the MFC or the Federal Migration Service), write an application, and give it along with his passport and other documents for discharge.

Then, after three days, a mark appears in the passport and an extract is issued.

When it is not possible to come to your previous place of registration, you can contact the registration authority office at your current place of residence and register at a new address. Based on the data that is in the general registration database, an extract is made from the previous address of registration and registration at a new address.

The second way to issue an extract when you are far from your registration address is to entrust deregistration to a trusted person. However, it is worth noting that not all FMS branches accept documents with a notarized power of attorney.

Extract through the State Services website

To register online, you need to go to the State Services website. To use the option of electronically issuing statements, you must be registered on the site.

Login to the site. Select the “Popular on the portal” section. There, find and click on the entry “Registration at place of residence or stay.”

Select the appropriate item “Deregistration at the place of residence.” Further:

• select the type of service received - electronic service;
• if necessary, log in to the portal (click on the “Login” link and enter your portal registration data).

On the right side there is a “Get service” button. Click it and fill out all the required fields:

• type of applicant (the application can be submitted for yourself, as a representative of your child or an incapacitated relative);
• your personal and passport data;
• old and new registration address;
• indicate the reason for deregistration (conscription for military service, conviction to imprisonment, recognition as missing, death, etc.);
• indicate whether you have another citizenship, as well as other additional data;
• and at the end, select a department convenient for visiting;
• Check the box next to your consent to the processing of personal data.

Click the "Submit" button. And wait for a notification in your personal account about the date of the FMS visit.

Three days later (at the appointed time) come to the address you specified on the branch’s website. You need to take the original documents with you to present them.

Military discharge

Men (and less often women) liable for military service may be required to present their military ID (or other document relating to military registration). However, military registration and registration are in no way related to each other at the legislative level.

Attention ! Since 2002, those who are faced with a requirement to present a military ID can file a complaint with higher authorities, since the requirement for a military ID is illegal.

The owner of the property can discharge the registered tenant if he has been drafted into the army. To carry out the procedure, you will need to present a notification from the military commissariat. However, in any case, a personal statement from the registered resident is required.

Discharge after the death of a resident

To discharge a deceased person from his place of registration, you need to obtain a certificate of his death. It is issued at the MORTUARY. Or it can be issued by a doctor who observed the deceased during the illness.

Next, with this certificate and the passport of the deceased, you need to contact the registry office. A death certificate is issued in person on the basis of these documents. Next, three documents are submitted to the registration authorities - an application for discharge, a death certificate and the applicant’s passport.

Sometimes they may also request documents confirming relationship with the deceased - birth certificates, marriage certificates, divorce certificates and other documents.

The deceased person is discharged in the same way, within the standard time frame. After checking the documents, when three days have passed.

Discharge of the child

When a child is just registered in an apartment/house, his legal representative can sign him out. Fill out and submit the application. But! If the child is under 10 years old, then a new registration can only be issued at the place of residence of their legal representatives - parents, adoptive parents or guardians.

From 10-14 years old, a teenager can be registered with a grandmother, aunt, uncle, grandfather - with close relatives.

From the age of 14, a child can be registered separately.

When deregistering a child owner, the official consent of the guardianship authorities is required. And it is issued only if the minor is provided with the same or even better living conditions, as well as a corresponding share of property.

How to discharge a person from an apartment through the court

If a person does not want to be discharged on his own, then he needs to go to court. The owner will be forced to leave the apartment. Let's look at how an owner can expel a person from an apartment. Prepare documents indicating the loss of the right to use housing. What does it take to sign a person out of an apartment?

Prepare a claim that meets all requirements for statements of claim. Indicate the essence of the requirement, its grounds, legislative norms and a list of evidence. At least one of the owners must be noted in the statement of claim.

After this, you need to follow the pre-trial procedure for resolving the dispute - give a copy of the claim and all documents attached to it to the person being issued (the future defendant) with a request to independently deregister.

And only after this does the discharge procedure take place through the court. If the defendant does not come to court, the process will still take place. And his case will be considered without his participation (in absentia).

The court, in the presence of the plaintiff, will consider all the grounds and evidence. If the answer is positive, a decision will be issued on forced deregistration. The defendant has a month after the court made a decision not in his favor.

Only after a month can you contact the registration authorities, since during this time there may be another court where the defendant can appeal the previously issued decision.

Now, having a court decision in hand, you can contact the passport office (FMS) and issue an extract from the apartment without consent.

In the future, the procedure is carried out as standard, within three days. The procedure for discharging a person from an apartment/house in 2023 is a simple task. The procedure has not changed for several years and remains strictly regulated.

You can be discharged without any problems on your own; it is also quite simple to discharge your child (subject to certain conditions set by the guardianship authorities). There will be no special problems if you have all the documents if you need to discharge a deceased person. But it is much more difficult to forcibly discharge an unwilling person.

Such an extract is possible only through the court! And nothing else. But if there are all the grounds for the owner to be evicted from the apartment and evidence for the ejection, then any homeowner can do this.