Is it possible and how to check out of an apartment with rent arrears in 2023?

Statistics show that many of these defaulters found themselves in the status of debtors against their will.

Is it possible to check out of an apartment with debts? What happens to defaulters? We'll talk about this later.

Is it possible to check out of an apartment if there is a debt on housing and communal services?

To answer this question, let's look at the legal norms:

Article 27 of the Constitution of the Russian Federation guarantees every citizen the right to choose their place of residence.
The Decree of the Government of the Russian Federation No. 715 of March 15, 2015 deals with the registration of citizens, and there are no restrictions for utility debtors.
The Housing Code of the Russian Federation (Article 153) requires citizens to pay rent and utilities. The housing and communal services code does not establish any prohibitions on checking out of an apartment if there are debts.

Payment of utility bills and registration of citizens are independent categories from each other . This means that it is possible to check out of an apartment with debts, but the debt will remain with the owner or tenant of the apartment.

It should be noted that when applying to the passport office to deregister, it is unlikely that anyone will look to see whether the citizen has a utility debt. But tenants are more likely to sign up through the housing authority, where they may be required to pay the debt in advance.

If the employees of the passport office begin to threaten you that they will not deregister you until you pay off your housing and communal services debt, then ask them for an official document indicating the reason for the refusal to issue an extract and remind them of Art. 19.1. Code of Administrative Offenses of the Russian Federation - “arbitrariness”.

How to check out of an apartment with rent arrears?

If you are deregistered through the passport office, then follow this algorithm:

Take your passport to the Ministry of Internal Affairs.
Fill out the application form there according to Form No. 6.
At the appointed time, come to pick up your passport with an extract stamp.

If we are talking only about an extract, without a new registration, then deregistration will be carried out on the same day. Registration of a new registration is carried out within 3 days.

In order not to stand in line at the passport office (some of them are very busy), you can use the government services terminal and sign up for the electronic queue.

How to sign out through State Services?

The easiest way is to apply online; There is a State Services portal for this. But first you will have to register on the specified website, obtain an electronic signature and make an electronic copy of your passport.

Procedure for submitting an application through State Services:

Log in to your personal account on the State Services website.
Enter in the search “Deregistration at the place of residence/stay.”
Open the "Services" section.
Select the “deregistration” service. Next, the methods of obtaining will open.
Complete the form by indicating the reason for the discharge and the code of the department to which the application will be sent.
Upload a scanned copy of your passport.

The application will be reviewed within 1 business day, after which a response will be received indicating the date and time of receipt of the discharge mark at the passport office.

Discharge through the Housing Authority

You can also apply for an extract from a housing organization, but the debtor may encounter obstacles here in the form of demands from the housing office staff to repay the debt.

If this happens, then the housing department employee should be told that he has no right to delay the discharge, since debt collection must be carried out in a separate manner from the discharge.

You will need only 2 documents for extracting - a passport and an application in form No. 6, the form of which will be issued at the housing department . If, simultaneously with the extract, you need to register for a new living space, then you will also need title documents for the apartment and a certificate of ownership or a statement from the apartment owner about consent to the registration of a new tenant.

Nuances of extracting housing and communal services debts

Checking out with a debt from a privatized and municipal apartment will have different consequences.

When leaving a municipal apartment, the tenant's right to use will be lost. This means that it will be difficult to register for it again.

If the housing and communal services debt is more than 6 months and there is no good reason, the court has the right to order the forced relocation of the tenant and his family to less comfortable premises.
If the apartment is privatized, then the owner does not lose ownership rights when leaving it, which means he can easily register in it in the future.
But there is an exception: if the housing and communal services debt is very large, then the court may order the confiscation of the apartment for debts and its sale at auction in order to pay off the debt to the utilities; in this case, the owner’s ownership will be lost, and registration in the apartment will no longer be possible.

Consequences of arrears for housing and communal services

After a person is discharged from the apartment, his debts will not disappear. The legislation of the Russian Federation outlines the circle of persons who are responsible for returning money to utility companies:

A person living in a municipal apartment under a social tenancy agreement is responsible for paying bills from the moment the agreement is concluded; after termination of the contract, this obligation ceases, but the debt for the entire period of its validity remains with the tenant.
The tenant is responsible for paying utility bills during the entire period of the contract until its termination; the debt also remains with him.
A participant in a construction cooperative bears obligations from the moment residential premises are provided to him for use.
The property owner is required to pay bills from the moment he receives ownership of the apartment. He also has the right to transfer the obligation to pay for housing and communal services to the tenant under a rental agreement.
The developer pays utility bills until the property is officially transferred to the owners.

Conclusion: it is possible to check out of an apartment with a debt, and without any particular difficulties, but this in no way eliminates the need to repay the debt accumulated at the previous place of residence, and does not relieve one from responsibility to public utilities.

Types of liability and punishment of the debtor:

refusal to receive subsidies and benefits: their provision is tied to the absence of rent debts;
judicial liability. The housing authority can file an application to court to collect the debt. If the defaulter does not provide the court with compelling reasons for the delay, he will be forced to pay not only the amount of the debt, but also penalties, fines and court costs; in addition, he also faces eviction from the apartment.

After the court order is issued, the bailiffs will handle the collection . Most often they contact the debtor's employer; as a result, funds from the employee’s salary will be withheld (no more than 50%), and then they will be transferred to pay off the debt to utility companies.

Other measures are also possible, for example, a ban on leaving the country (if the debt exceeds 30,000 rubles) or turning utilities to collection services, confiscation of an apartment, etc.

Thus, it is possible to check out of an apartment with housing and communal services debt, but this does not relieve the citizen of responsibility to utility companies. Sooner or later, the consequences will overtake the defaulter, even if he was easily deregistered.

Is it possible to check out of an apartment if there is rent arrears?

Sometimes citizens are faced with a refusal to issue an extract, which the responsible employees justify by the fact that they still have rent debts, and that, according to the Civil Code (Civil Code), everything must be repaid. But leaving an apartment with rent arrears is quite possible.

Obligation to pay for housing

The obligation to pay for housing and utilities is established by Article 153 of the Civil Code and appears from the moment a person acquires property rights.

In addition to the owner, it also appears to employers or tenants after they enter into an agreement. Finally, it also occurs among members of a housing cooperative after they are provided with premises.

Payments for housing and communal services are made in three main areas:

for the maintenance of the building - that is, the maintenance and ongoing repairs of common property, management of an apartment building, and so on;
for utilities - water supply and sanitation, heating, electricity and gas;
for major repairs.

Consumers may be given benefits - in these cases, the size of the payment will be reduced by the amount of the benefit, or compensation of expenses may be provided, a subsidy for the payment of such expenses - this applies primarily to single people or pensioners who are in families only of non-working citizens, who can be compensated from 50 up to 100% payment.

The amount of payment for house maintenance is set separately for each apartment building, based on the list of services and works approved by the owners of the housing in it.

There is a minimum list (approved by government decree No. 290), from which one must proceed when creating a list for each house.

It must contain all the minimum services and may provide additional ones.

The amount of payment for utilities is set by organizations providing these services, according to tariffs, when setting which it is necessary to focus on the laws of Russia.

The capital repair contribution also has a statutory minimum amount required to ensure sufficient repairs are carried out to meet safety requirements. Also, according to Article 156 of the Housing Code (LC), by decision of the owners, the amount of this contribution can be increased to carry out larger-scale repairs.

Arrears in payment

As paragraph 1 of Article 153 of the Housing Code indicates, citizens are obliged to pay rent on time and in full.

The billing period for which it must be paid is one month, and its payment without violation is possible until the tenth day of the month following the billing month. That is, for example, payment for April must be paid before the tenth of May.

Sometimes, by agreement with the management company, a different deadline for payment is set, but in the absence of special instructions in this regard, it must be completed exactly before the tenth of the month.

In reality, however, this norm is not always met: delays of a month or several have become commonplace, and it’s okay if it’s so much, because some citizens accumulate debts for years, after which they simply cannot pay them, because they find themselves owing too large an amount.

If payment was not made on time or not in full, the citizen will have to bear responsibility in accordance with Part 14 of Article 155 of the Housing Code, namely a penalty of 1/300 of the Central Bank refinancing rate for each day of delay. Penalties are paid to the organization whose payment was overdue, and to the housing fund in case of overdue contributions for major repairs.

If the delay was due to an incorrect calculation of the amount on the part of the organization, but it requires a penalty, the consumer has the right to contact the city housing inspectorate or the local department of Rospotrebnadzor with a complaint.

Do debts affect check-out?

Citizens often wonder whether their debts for an apartment can affect their release from it. Here it is worth turning to the main legislative act in force in Russia - the Constitution.

According to its article 27, everyone whose presence in the state is legal has the right to free movement, as well as choice of place of stay and residence.

Of course, there are special restrictions applied to those convicted of crimes or accused of them, but registration is not a written undertaking not to leave the country, and cannot be used as a restrictive document.

There is no need to register specifically. It is enough to obtain a permanent registration at the new place of residence, and the citizen will be discharged from the previous one at the same time, since it is impossible to have two permanent registrations at the same time. But sometimes it is still necessary to check out if permanent registration in another housing is not expected in the near future.

Deregistration

It is regulated by government decree No. 194, and it should be noted that there are no notes regarding debtors there. This means that the general rules apply to them. You can apply for an extract from several different organizations.

It should be noted that when you contact the department of the Ministry of Internal Affairs, no one will look to see if you have a debt, but more often citizens are discharged through a housing organization, where they may be required to first pay off the debt.

Procedure

If you check out through the passport office, it will be like this:

go to the passport office, taking your passport with you from the documents;
fill out the application issued there in form No. 6 and give it to the employee along with your passport;
a day will be assigned on which you need to appear for your passport; if we are talking only about an extract, without a new registration, then, most likely, you will not have to make another visit at all, and the extract will be issued immediately. If you need to apply for a new registration at the same time, this will be done within three days.

As you can see, everything is simple, but it is worth checking in advance the working hours of the department, in particular, on what days the reception for registration of citizens is held.

The issue of queues can also be acute - some passport offices are very busy, and if you come across one, you will have to spend a lot of time to get an appointment. To avoid this, you can use the government services terminal and sign up for the electronic queue.

You can even submit an application online using the State Services portal (www.gosuslugi.ru). But to do this, you need to be registered on the portal, have an electronic signature and an electronic copy of your passport.

Procedure for submitting an application through the portal:

enter in the search “deregistration at the place of residence” (or stay);
turn on the “services” filter on the search results screen;
select the desired service from the list and click on its name;
after that a detailed description and methods of obtaining it will appear;
if it is possible to submit an application through the portal, then you need to complete filling out the form, most of the information in which the registered user will be entered automatically - you just need to indicate the reason for the discharge, as well as the code of the department to which the application should be sent, and upload a scanned copy of your passport;
During the working day, the application will be reviewed and a response will be given, after which all that remains is to go to the passport office to receive a mark out of turn.

You can also contact a housing organization, although if you have debts, there may be delays. If such difficulties arise, all that remains is to point out to the employee that he has no right to delay the discharge, and must carry it out within the period established by law, and no debts should stop him - they are collected in a separate manner from registration and discharge.

List of documents

You will only need two documents - a passport and an application in form No. 6. Its form will be issued directly at the place of application, but if you wish, you can print out a standard form and enter the data into it in advance. It should contain:

name of the department of the Ministry of Internal Affairs to which the document is sent;
information about the applicant (full name, date of birth);
information from the passport;
address of the property from which the extract is being issued;
new place of residence;
date, signature with transcript.

If, in addition to the extract, you need to immediately register for a new apartment, then you will also need title documents for it, a certificate of ownership, and if the person registering is not the owner of the apartment, a statement from the owner of consent. The personal presence of the owner will also be required.

Features of the extract

Extracting from private and municipal real estate if there are debts in them will have different consequences.

From a council apartment

Upon discharge from municipal housing, the right to use it is lost. This means that it may not be easy to register again later.

From a private apartment

If the apartment is privatized, then when you check out of it, ownership is not lost, which means that then re-registration will not be difficult. But not always: the court may order it to be confiscated for debts and sold, in which case the ownership will be lost and registration will not be obtained again.

Is it possible to be evicted from an apartment for debts?

If the housing is municipal, then if the debt is more than 6 months and there is no valid reason, forced relocation to housing of a smaller area is possible. From private housing, forced discharge for debts on utility bills is impossible.

What will happen to the debt?

After a person is discharged, his debts will not disappear anywhere. The legislation clearly outlines the circle of those who are responsible for the return of money:

A person living in an apartment under a social tenancy agreement will have to make monthly payments from the moment the agreement is concluded; after its termination, this obligation ceases, however, for the entire period of its validity, the debt remains with the tenant.
Tenant - although in some cases the rental agreement is drawn up in such a way that during its validity, part of the obligations continues to be borne by the owners. Regarding the obligations that the tenant bears, the principle is the same as in the previous case - the debt remains with him even after the termination of the contract.
A participant in a cooperative engaged in the construction and maintenance of housing bears obligations from the moment the residential premises are provided.
The owner of real estate - starting from the moment he received ownership rights to it. A tenancy agreement may transfer its obligations to the tenant.
Developer - during the period after completion of construction and before the transfer of real estate to the owners.

If after discharge the debt is not repaid, then the housing organization sends an application to the court, receives a ruling and collects it through the bailiffs.

To summarize: moving does not in any way eliminate the need to repay the debt accumulated at the previous place of residence, and does not relieve you from it.

Responsibility

Forms of liability and punishment that may be imposed on the debtor:

It will not be possible to receive some subsidies and benefits, since their provision is tied to the absence of rent arrears.
Judicial liability. The housing organization may apply to the court to obtain an order and subsequently collect the debt. If the debtor considers the claims to be unfounded, for example, he disagrees with the very existence of the debt or its amount, then he can file a protest. As a result, a resolution will not be obtained; instead, litigation will begin. But it’s worth weighing the pros and cons before initiating it, because if you lose the process, you’ll have to pay, plus you may also have legal costs on your shoulders.

To minimize the risk of problems with a housing organization in case of debts to it, if there are no funds for repayment, it is better to contact it directly with a request for restructuring.

In this way, it will be possible to obtain easier conditions, agree on a new payment plan and establish more friendly relations with the organization.

Debtors have the right to ask for restructuring, since such a possibility is reflected in regulations.

Utility services have the right to go to court at any time, but usually such an appeal follows long delays in payments - six months or more.

After the court order is issued, the bailiffs will handle the collection. Most often, this is done by contacting the debtor’s employer and withholding funds directly from wages (the withholding cannot exceed 50% of it).

If this could not be done due to the debtor’s lack of official income, other measures are possible: a ban on traveling outside the country with a debt of more than 30,000 rubles, or the utility workers turning to collection services, which will constantly terrorize the debtor with calls and visits.

Sample documents

Form No. 6

How to avoid paying other people's debts for utilities and housing services

The simplified procedure for collecting debts for utilities and housing services has led to the fact that everyone, even those who pay accurately, may face a certain amount being written off from their bank account. Why and how to protect yourself from unpleasant surprises?

Medvedev gave instructions to complete the construction of problematic facilities

Former family members of the owner and family members living together are jointly and severally liable for debts. “For example, an apartment belongs to a grandmother, and children and grandchildren are registered in it,” explains Igor Kokin, an expert at the Higher School of Public Administration at RANEPA.

“A debt has accumulated; according to the law, the owner must pay it, but the creditor may ask everyone living in the apartment to pay jointly.” At the same time, not everyone lives at their registered address, but in this case the fact of residence does not need to be confirmed.

Registered means you live, and therefore are obligated to pay off the housing and communal services debts that have accumulated behind the apartment. There is only one way to protect yourself - to register strictly at your place of actual residence.

I'm out of luck

It is equally dangerous to own property together with people who may not pay for utilities and housing services. Creditors - management companies, suppliers of heat, water and electricity - do not delve into exactly which of the owners has accumulated debts.

https://www.youtube.com/watch?v=Zw8JvuM4A8I

Such situations often occur in communal apartments or in apartments that, after a divorce, are divided between spouses, but only one of the former spouses lives in the joint living space.

There is only one way out - to distribute areas of responsibility, that is, current accounts. This can be done in two ways: by directly contacting the management company, HOA, resource supply organizations, and in case of refusal, going to court.

Paid like a neighbor

A common practice of management companies is to assign the debts of some owners who do not pay to those who do. This trick is hidden in the house maintenance payments. Every month, demanding a detailed report from the management company about where the funds received for the maintenance of the house went is quite troublesome. The easiest way to avoid paying bills for your neighbors is to switch to direct contracts.

No apartment, have debts

Alas, the most conscientious apartment owner can face being cut off from the benefits of civilization due to debts. Photo: photoxpress

Often you have to pay off other people's debts after selling an apartment. The new owner must re-register the personal account in his name and inform all resource providers that the apartment has changed owner. But not everyone is so conscientious. As long as there are no debts, no one is interested in formalities.

But as soon as they arise, the management company goes to court and recovers money from the one who is listed as the owner. Everything happens quickly, the court makes a decision, it is handed over to the bailiffs, and the money leaves the debtor’s account.

At the same time, the court and bailiffs do not check information about the owner of the property; they believe the information of the Criminal Code.

Igor Kokin advises in this case to complain to the state housing inspectorate about the Criminal Code. “Management companies are required to maintain an up-to-date register of owners according to the Housing Code; if they do not do this, this is a violation of licensing requirements,” explains Kokin.

It is curious that in such cases the former owner is warned about legal proceedings, but at the old address. This order of things leaves a person without a chance to notice the violation in time. The only thing we can advise is to periodically check the website of the bailiff service to see if you owe any debt.

Property with a tail

The buyer is no less at risk. He can also pay off the debts of the previous owner if the management company decides not to go into details.

The new owner is not responsible for the debts of the previous owner. The only exception is contributions for major repairs, notes Igor Kokin. But this is only in theory. But in practice, blatant violations occur. On numerous forums, unlucky owners of new apartments tell how, when buying a home, they did not pay attention to receipts for utilities, and they turned out to be unpaid.

At the same time, utility workers do not want to go into details, they demand that the new owners pay money and threaten to turn off water, electricity and other troubles. “This is a Soviet habit of thinking that the account is tied to the apartment, in fact it is tied to the owner. And the new home owner should not have to pay for the previous owner,” says Kokin.

How to legally save on rent

What to do if management companies, as well as resource suppliers, threaten to disconnect you from the benefits of civilization? Immediately after registering ownership, it is necessary to notify all service organizations about the change of owner and re-issue personal accounts for service. Conclude an agreement with the management company or HOA. If the house is under the direct management of resource supply organizations, then you will have to go around all suppliers - energy, water and heat - and renew the contract with them.

If you purchase an apartment with debts, it is recommended to send an application to the housing office (other service organizations) stating that you have paid all utilities since the moment you purchased the apartment and you have no debt. The application should be accompanied by copies of the purchase and sale agreement for the property, a certificate of registration of title, meter readings at the time of purchase of the apartment and all paid receipts.

If the management company or resource supplier refuses to accept your arguments, you can write a statement to the prosecutor’s office describing the situation and concluding that you regard all this as extortion.

Five cases when you are registered, but do not have to pay rent

A registration stamp in your passport not only gives you the right to live at the address indicated in it, but also obliges you to pay rent. And we are regularly reminded of this in our receipts every month.

But it is still possible to identify a number of cases where the law allows you to relieve yourself of the obligation to pay rent even if you have registration.

1. Registered in one place, but lives in another

This means when someone registered in one apartment temporarily lives in another place (that is, has not left permanently, reserving the right to return).

In this case, the tenant has the right to be partially exempt from rent for the entire period of his absence (provided that it lasted more than 5 days in a row).

If he is registered in an apartment without being its owner, he does not pay for:

all utilities that are charged according to meter readings (water and sewerage, electricity, gas). If there are no meters, but the technical ability to install them is available, alas, it will not be possible to get rid of paying for utilities,
garbage removal - if the region has a calculation system based on the number of registered residents,
maintenance and repair of housing, as well as major repairs - these costs are borne only by the owner of the residential premises.

He will only have to pay for heating (including gas or electricity costs if they are used for heating).

Well, the owner, even if he does not live in the apartment, will in any case have to pay for the maintenance and repair of the home, as well as contributions for major repairs.

Confirmation of a tenant's temporary absence in order to be exempt from rent must be done every six months.

2. Was a family member, but became an ex

Residents who have retained registration in the apartment, but have voluntarily left it forever (with no intention of returning) are recognized as former members of the owner’s family.

Having proven their permanent residence at another address, they are completely exempt from rent at the place of registration. This practice was confirmed by the Supreme Court of the Russian Federation: former members of the owner’s family who have left and are permanently residing elsewhere are not required to pay utility bills at their previous place of residence.

The fact that they were not deregistered does not change matters (determination of the RF Armed Forces No. 4-KG18-35).

3. Added additional debt for old years

Rent debts are collected in court, and jointly and severally from all residents registered in the apartment. But it should be taken into account that each payment has its own statute of limitations: 3 years from the date on which its payment became due.

If the claim is filed outside this period, the debt is no longer collected.

4. The quality of services leaves much to be desired

The law stipulates that residents must pay only for quality utilities. By proving that services were provided untimely or in violation of standards, residents can have their rent reduced or waived altogether.

A striking example is a court decision according to which a tenant recovered more than 700 thousand rubles from the management company as compensation: due to failure to carry out routine repairs to the external walls of the house, his apartment became covered in mold.

5. Tariffs were not approved

Even if residents are registered in the apartment and permanently reside in it, they should not pay for those services that go beyond the scope of the decision of the general meeting of owners.

Thus, the management company was refused to collect debt from residents to pay for the maintenance and current repairs of housing, because the tariffs at which it was calculated were not approved by the general meeting of owners.

They also differed significantly from the tariffs approved by the local administration (definition of the RF Armed Forces No. 5-KG14-163).
In addition, the courts have repeatedly indicated that residents are not required to pay for services that are not included in the minimum list of services for maintaining the property of an apartment building.
The only exceptions are those cases when the general meeting of owners approved their list, cost and procedure for provision.
Don't pay for what the law exempts you from!

Should a student not living there be checked out of an apartment with debts? — Pravoved.RU

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Hello!

At the moment I am 21 years old (born in 92). Since September 14, 1992, I have been permanently registered in my father’s apartment. However, from this date to the present, I have been constantly living with my mother and grandmother at a different address.

According to Form 9, which I received on February 22, 2013, the debt on the apartment where I am registered is about 150,000 rubles (accruals for 42 months).

I have never lived in the said apartment. Since 2009, I have been a student at a state university and, accordingly, have not had the opportunity to systematically pay my rent debts, especially since I was not informed about these debts. Since September of this year I have been a student at another state university.

He worked from 12.2010 to 02.2012 and from 03.2013 to the current moment, which is reflected in the work book, but the salary was low: 7 and 10 thousand, respectively.

According to the information I have, my father, half-brother and his mother currently live in the apartment. Perhaps someone else. I do not have the opportunity to live with them due to the lack of any relationship either with my father or with other persons living in the apartment at the present time.

The apartment will be subject to resettlement in the next couple of years in connection with the Rennovation program.

Please tell me what would be the best thing to do in such a situation: check out of the apartment now or wait until they move in? Do I have the right not to pay debts upon discharge now? Now they don’t have any complaints against me and even let me go abroad.

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Lawyers' answers (3)

Good morning, Konstantin.

The obligation to pay utility bills for an apartment is borne by its owners, and if the apartment is municipal (state), then by the tenants.

As a result, the tactics of your actions depend on whether it is a privatized apartment. If yes, and you are not the owner, then there will be no negative consequences for you. But if the housing is municipal, and a claim is filed against the tenants, then the owner of the housing stock will demand joint liability of the residents, i.e. he will have the right to choose from whom to collect what amount.

Hello, dear Konstantin!
The claims of the Criminal Code are not so much against you as against your father, his second wife and your half-brother, if he is an adult.
But please note that the court can collect the debt (and in addition to the court it can only be repaid voluntarily) for the elapsed period of time only within a three-year period, that is, the total limitation period (which is only 36 months).

However, if your father or you do not file a motion with the court to dismiss the claims within the first six months of the term, the court will be forced to consider (and most likely satisfy) the claims in full.

Likewise, any of the defendants (including you) has the right to voluntarily pay off the debt in full out of court.

And even if you then go to court with a claim to recover the overpaid amount, the court is obliged to reject such a claim.

By the way, I feel a little bad for your dad. After all, he probably paid alimony for your maintenance (in any case, he was and, by the way, still remains obligated to pay), did not create obstacles for you to live in his apartment (and now, most likely, he does not), and you do not appreciate this at all . Although this, of course, is your life and your life. What do I care? Sorry.

Hello, Konstantin!

I completely agree with my colleague Sergei Yuryevich, you need to know whether the apartment is owned or municipal. But I have the impression that your apartment is not a privatized one. I advise you not to check out of your apartment.

You will be moved to other apartments, and then you will acquire a share in the property. The Law of St. Petersburg provides for a social norm for the provision of housing to persons living under social tenancy agreements. It is 18 square meters.

meters per person, if 2 or more people live together in the apartment.

If you are sued, bring a couple of witnesses to court who will confirm that you have never lived in the disputed apartment, but are only registered there. In this case, you will either be exempt from paying utility bills or will have a reduction compared to tenants who actually live there.

As was rightly noted, recovery can only be made within the limitation period (for the last 36 months).

In the meantime, of course, you are being released abroad because only bailiffs can impose such restrictions. And the bailiffs begin to take measures against the debtor only AFTER the court makes a decision. The court cannot consider the case without your notice!

How to check out of an apartment if you have rent arrears

In modern Russia, the terms “registration, registration” have lost their original meaning, which was under the Soviet Union.
If in the USSR registration had a permissive-prohibitive nature, then today it is legitimate to talk about notification registration with the unclear purpose of “ensuring constitutional rights and freedoms,” plus targeted registration of citizens (which is more understandable).
The law, as before, obliges citizens to register at their place of stay (temporary registration) or at their place of residence (permanent registration).
An appropriate procedure for deregistration has also been developed.
The migration service authorities carry out this procedure free of charge.
For violation of registration norms, the state “allows itself” not only to fine its citizens, but also to deprive them of their freedom.
If you decide to change your place of residence, then you should familiarize yourself with the registration procedure, which must be carried out by scrupulously following all the rules.
There may be several options for changing housing: In all of the above cases, a visit to the Federal Migration Service cannot be avoided.
Anticipating the question: how long does it take to check out of an apartment, we inform you that the procedure will take three days (working days).
If you are moving from one residence to another permanent residence, you must first cancel your registration at the place of departure.

Is it possible to check out of an apartment if there is debt - Apartment

So, where to sign up, the deadlines and what is the algorithm of actions: If you violate the one-week deadline, you will be fined.
Although regulatory documents speak of a seven-day period, which is calculated from the moment of arrival at the new “address,” the FMS authorities interpret this period as “the time elapsed from the date of deregistration.”
Disagreements on this matter can be resolved either by filing a complaint with your superiors or by going to court (for example, after a ruling on an administrative violation has been issued).
Therefore, if a delay in registration occurred due to objective circumstances, then it is better to confirm this fact with documentation (a certificate from work, sick leave, or travel documents will do).
How to quickly check out of an apartment and register in another?
The situation when you do not have to urgently deregister greatly simplifies the procedure for registering an extract and makes it possible to avoid a fine.
For example, you are moving out of the apartment of your parents or relatives within the same region.
Here, registration at the new address and an extract from the “old” one can be issued simultaneously at the “new” Federal Migration Service.
To carry out simultaneous registration at a new place of residence and cancellation of registration at the old address, two corresponding applications must be submitted.
As a rule, this is one form that the Federal Migration Service employee will give you.
If there is none, the application for discharge can be written according to an approximate sample.
Within two to four weeks from the date of submission of applications and documents, you will receive a passport with registration and deregistration stamps.
The FMS body independently sends a notification to the “old address” about deregistering a citizen, where he is also discharged.
It is legally possible to carry out this method of registration when moving outside the territory of one region.

However, as practice shows, when moving long distances, it makes sense to carry out a classic, step-by-step re-registration. If there is a need for an extract without subsequent registration (for example, when the place of future residence is unknown), carry out the first stage of step-by-step registration “from address to address.” After 3 days you receive the coveted stamp, a departure slip and go home.

Military registration and the notification registration procedure have nothing in common at the legislative level.
These are two different duties of a citizen of the Russian Federation, which are imposed on him by different articles of the Civil Code of the Russian Federation and somewhat coincide in the time of their fulfillment (registration for military registration should take no more than 14 days).
Any demand by passport office employees for documents or military registration marks since August 14, 2002 is unlawful.
The lack of documentary evidence of a citizen’s military registration is not an obstacle to his registration.
The duties of FMS employees include informing military commissariats about the arrival of citizens of military age or “reserves” in “their” territorial zone.

How to sell an apartment with rent arrears - in 2023

If there is none, the application for discharge can be written according to an approximate sample.
Within two to four weeks from the date of submission of applications and documents, you will receive a passport with registration and deregistration stamps.
The FMS body independently sends a notification to the “old address” about deregistering a citizen, where he is also discharged.
It is legally possible to carry out this method of registration when moving outside the territory of one region.

However, as practice shows, when moving long distances, it makes sense to carry out a classic, step-by-step re-registration.

If there is a need for an extract without subsequent registration (for example, when the place of future residence is unknown), carry out the first stage of step-by-step registration “from address to address.” After 3 days you receive the coveted stamp, a departure slip and go home.

Military registration and the notification registration procedure have nothing in common at the legislative level.

These are two different duties of a citizen of the Russian Federation, which are imposed on him by different articles of the Civil Code of the Russian Federation and somewhat coincide in the time of their fulfillment (registration for military registration should take no more than 14 days).
Any demand by passport office employees for documents or military registration marks since August 14, 2002 is unlawful.
The lack of documentary evidence of a citizen’s military registration is not an obstacle to his registration.
The duties of FMS employees include informing military commissariats about the arrival of citizens of military age or “reserves” in “their” territorial zone.

How to check out of the apartment? —

These circumstances have nothing to do with the registration procedure.
If, when applying for registration, you are faced with a requirement to withdraw and register for military service, feel free to complain to higher authorities about the arbitrariness of the migration services.
Voluntary discharge from municipal housing entails the loss of the right to reside in this living space in fact.
The discharge procedure does not differ from that for general cases.
Although the state has been declaring registration at the place of residence since 1993 as a notification measure by which a citizen has the right to move within the Russian Federation without restrictions.
In practice, the law limits the temporary periods of such movements without notifying the relevant authorities to seven days and introducing fines for “overstaying.”
In addition to a fine for moving citizens, the law obliges homeowners to report persons (not relatives) living on their territory without registration for more than 7 days.

The law allows 3 days for the owner of the territory to inform the authorities. The amounts of financial punishment are given in the table: Debts for utilities are not an obstacle to a legally registered move.

The existing registration procedure does not require a report from the traveler regarding utility bills.

As a rule, such certificates are required by passport officers who “sit” with housing and communal services.

If this problem arises, do not contact the passport officer, but directly to the Federal Migration Service. Let's consider the list of documents for extract and registration in various situations.

When you need to sell your home quickly, you may need to sell an apartment with a registered person. And in general, is it possible to discharge any person without his consent?

The legal rules regarding forced removal of non-owners and owners of residential space differ.
The homeowner can check out of the apartment only by expressing a voluntary desire to do so.
Forcible deregistration is impossible, even if the ownership share is very small.
Here you can try to initiate the sale of a share of ownership in the apartment through the court, if the owner has other housing and does not live in this area for a long time.
Thus, despite the apparent simplicity of registering at the place of departure and arrival, you may encounter serious obstacles in obtaining this legal right.
And only a legally literate person is able to resist “excesses on the ground.”
For additional information on this issue, please refer to the “Registration” section here.
There are many variants of the situation when registration in an apartment of people who have not actually lived in it for a long time becomes an additional difficulty for its owner.

Is it possible to check out of an apartment if you have debt All about

In the article below we will tell you how to carry out this procedure, taking into account all legal norms. 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 use the online consultant form on the right or call 7 Is it possible to issue a citizen’s extract in certain cases?
In most cases, the possibility of deregistering a person who does not live in an apartment for a long time or does not pay for it is a matter of judicial competence.
Help: The absence of voluntary consent to be removed from the apartment automatically transfers the essence of the actions to the category of forced ones, which means that one can obtain the right to such manipulations only through the court.
Taking into account all the features of the relationship between residents (marriage and its dissolution), the degree of relationship, the age of the registered people and other objective circumstances, the court makes a decision on the legality of such actions on the part of the owner.
Let's consider a typical situation: three people are registered in the apartment of citizen N (the owner), including person X, a relative.
The latter left for another city and stopped communicating with relatives.
Citizen N intends to sell his apartment, and before the sale he needs to register all the tenants.
Person X does not get in touch, does not intend to check out, and at the same time, it is known that he has alternative housing in another city.

Depending on the circumstances of forced eviction, the Housing and Civil Codes of the Russian Federation have several legislative arguments regulating this procedure.

We discussed the question of how you can expel your ex-wife from an apartment without her consent, as well as what to do if you have a child, in this material, and you can learn about how to correctly expel your ex-husband, who is not the owner of the property, here.

In the article below we will tell you how to carry out this procedure, taking into account all legal norms. 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 use the online consultant form on the right or call 7 Is it possible to issue a citizen’s extract in certain cases?
In most cases, the possibility of deregistering a person who does not live in an apartment for a long time or does not pay for it is a matter of judicial competence.
Help: The absence of voluntary consent to be removed from the apartment automatically transfers the essence of the actions to the category of forced ones, which means that one can obtain the right to such manipulations only through the court.
Taking into account all the features of the relationship between residents (marriage and its dissolution), the degree of relationship, the age of the registered people and other objective circumstances, the court makes a decision on the legality of such actions on the part of the owner.
Let's consider a typical situation: three people are registered in the apartment of citizen N (the owner), including person X, a relative.
The latter left for another city and stopped communicating with relatives.
Citizen N intends to sell his apartment, and before the sale he needs to register all the tenants.
Person X does not get in touch, does not intend to check out, and at the same time, it is known that he has alternative housing in another city.

Depending on the circumstances of forced eviction, the Housing and Civil Codes of the Russian Federation have several legislative arguments regulating this procedure.