During the Soviet era, registration of citizens was carried out through registration. Much has changed since then; now in the Russian Federation there is an institute of registration, but people, out of ingrained habit, continue to call it propiska.
- A citizen of the Russian Federation living at an address that differs from his permanent registration address is required to register at his location .
- The same applies to foreigners; they must apply for temporary registration no later than the eleventh day of their residence.
- But what can the owner of a home face if a person temporarily registers there?
Registration of tenants by owner
- Any property owner has the right to register someone for a certain period of time, that is, to issue temporary registration.
- At the same time, you should know that if the property is jointly owned (common property of spouses), then the other owner can appeal the registration in court or the Federal Migration Service.
- To register a tenant at the place of residence in shared ownership , the consent of other owners is not required if the share has been officially allocated.
- When registering a stranger in his/her living space, the owner must foresee that if the temporary resident has minor children, the latter can register them at his/her place of registration without the consent of the resident.
To protect yourself, it is worth concluding a lease agreement with the possibility of early termination to prevent problems with the alienation of real estate, since minor children may be registered.
What does this give to the tenant?
In the absence of this, temporary registration is issued by the FMS for a period of six to twelve months . After this time, registration ends.
Temporary registration confirms the legality of a citizen’s residence in a certain territory.
Having a temporary residence permit for a citizen of the Russian Federation is an important legal fact, which gives him the opportunity to find a job, enroll his child in school or kindergarten, register with a medical institution and complete all matters requiring registration.
The expiration of the registration period does not mean that the temporary resident will be fired or denied service in various organizations.
Can a tenant claim the owner's living space?
A temporary resident has the following rights:
Temporary registration does not give any other .
Registration of Russian citizens at their place of residence is carried out on the basis of a rental agreement or an application from the owner. In this case, the period for providing registration must be indicated, after which it will be automatically canceled.
In addition to his children, a temporary tenant does not have the right to register anyone else without the consent of the owner.
The owner of the property has the right to terminate the rental agreement at any time and discharge the guest.
In Art. 80 of the Housing Code of the Russian Federation states that a temporary tenant is obliged to vacate the living space upon completion of the period agreed with the owner. And in the absence of such approval, no later than seven days from the date of receipt of the relevant notification from the owner of the apartment.
At the same time, he cannot make absolutely no claims against the owner.
Ownership of living space can be obtained only on the basis of a contract of sale, gift, exchange or other transaction related to the alienation of property; temporary registration is not included in this list.
What real inconvenience can a temporarily registered tenant cause to the owner?
The owner of a residential premises has the right to register any person for an indefinite number of times, both on a temporary basis and on a permanent basis. In any case, his property rights are strictly protected by law .
However, there are certain risks for the homeowner:
- increase in utility bills;
- the risk of controversial issues requiring resolution in court;
- increased legal liability to third parties.
When a new tenant is temporarily registered, the owner automatically increases the amount of utility bills , if they are calculated on a per-tenant basis.
Accommodation of a tenant on a paid basis requires the inclusion of the cost of utilities in the payment amount. Such an inconvenience may not arise if utility bills are paid according to meter readings.
If a temporary resident has registered his child at his place of registration, he may demand an extension of his registration or a new registration; if the owner refuses, he has the right to demand fulfillment of this requirement through the court.
To challenge the temporary registration of someone else's child in court, you will need to provide a considerable amount of evidence.
Controversial issues may arise as a result of property damage . If a temporary tenant accidentally damages some of the owner’s things, it will be very difficult to prove their damage.
To resolve the problem in court, strong evidence will be required. Therefore, it is recommended to draw up a property inventory report certified by the temporary resident and the owner.
- By agreeing to the temporary registration of a new tenant, the owner assumes civil liability to other persons.
- If a temporary tenant causes damage to the property of neighbors, they have the right to demand compensation for losses from the owner of the property, who, among other things, may incur administrative liability.
- Lawyers advise homeowners to take out a civil liability insurance contract and include the cost of insurance in the rental price.
Fine to owner for refusal to register
If the owner continues to provide his living space for living, but refuses to renew the registration, he may be punished with a fine of 2,500 rubles .
If the registration was not renewed due to the fault of the owner, then he is obliged to pay the specified amount. If the tenant refuses to present the documents necessary for registration and the owner contacts the migration authorities in time, the fine will be imposed on the tenant.
- The owner also bears administrative responsibility for the unlawful behavior of a tenant registered in his living space.
- So, if the owner does not promptly notify the migration authorities about the residence of a foreign citizen in his living space, he may be fined.
- A fine of 5,000 rubles can also be imposed if a temporarily registered tenant actually lives in another place.
- Registration of citizens of other states implies the following responsibility for the owner:
- timely provision of arrival information;
- notification of migration authorities about a change in the place of residence of a temporary resident;
- settlement of housing conflicts with third parties;
- compliance by the resident with the rules of residence.
An important point is the fictitiousness of registration . In 2013-2014, the Russian government took a number of measures to prevent this phenomenon, when up to several dozen people are registered in one apartment.
According to the adopted amendments, administrative liability in this case arises for both the owner of the property and the temporary tenant.
Fictitious registration is defined as:
A “false” registration threatens the owner with a significant fine of one hundred to five hundred thousand rubles. Or he may be sentenced to forced labor. In some cases, even imprisonment for up to three years is possible.
- The video talks about the latest changes to the legislation on registration of citizens.
- The measures are primarily aimed at combating the so-called “rubber apartments” - criminal liability for fictitious registration has been introduced for the first time, and the amount of fines for living without registration or at a location other than the place of registration has been significantly increased.
You might also be interested in:
Temporary registration: what does it mean, what does it give and how much does it cost?
- Temporary registration, what does it mean?
- What does temporary registration provide?
- Responsibility for accommodation without registration
- Temporary registration of a citizen of another country
Temporary registration, what does it mean?
Temporary registration is the “assignment” of a citizen to a specific address, which is not his main place of residence, for a certain period. Every citizen who arrives at a new place of residence is required to obtain temporary registration if he plans to live here for more than 90 days. This requirement does not apply to those who rent an apartment in the same locality where they have permanent registration.
Registration of a citizen at the place of temporary residence is not a basis for deregistration at the place of primary residence.
Temporary registration in residential premises is possible only with the consent of the following persons:
- home owners (including legal entities), and if the apartment is in shared ownership, the consent of all owners is required;
- the tenant of an apartment provided under a social tenancy agreement, and all adult citizens living with him (if we are talking about state or municipal housing stock). At the same time, notification to the landlord about the new temporary tenant of the landlord on the basis of Art. 80 of the Housing Code of the Russian Federation is mandatory! Please note that temporary registration in such housing stock is possible for no more than 6 months in a row. But even in this case, the landlord may impose a ban on the temporary registration of citizens in these premises due to the fact that the housing standards required for one person will be reduced;
- of the board of a housing cooperative, if a member of the cooperative is not the owner of the premises.
Registration of children under the age of majority at the place of residence of their parents is carried out without their consent.
Consent to stay must be in writing. The home owner expresses his will by signing the registration application, and its fidelity is witnessed by the person who accepts the documents.
That is why, as a general rule, the presence of the owner is required for temporary registration.
However, a visit by the owner to the registration authority can be avoided if the document providing the basis for registration is certified by a notary (or if a notarized copy of it is presented).
If you have a question: how much does temporary registration cost, then we can definitely say that the public service provided by the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation (formerly the Federal Migration Service) is not subject to payment.
After completing the registration procedure, the applicant is issued a certificate of temporary registration, which has legal force only when presented together with the passport. At the same time, the owner of the property is notified of the registration.
If the temporary registration period expires, the citizen is automatically deregistered. To do this, there is no need to contact the Department of Internal Affairs and write an application. Exception: if a citizen decides to leave earlier than the period specified in the registration application.
What does temporary registration provide?
The circumstances that force you to change your place of residence may be different. In some cases, this is a necessary measure, both for children and parents.
Don't know your rights?
Subscribe to the People's Adviser newsletter. Free, minute to read, once a week.
We answer:
- for processing various documents (for example, international passport, pension certificate, etc.);
- for processing credits or loans;
- to enroll a child in school or kindergarten;
- for getting a job;
- to seek medical help;
- to receive social support measures.
This list is far from complete; Each specific case has its own reason for obtaining temporary registration. But, nevertheless, it is worth remembering that after its registration you become a “legal” tenant and you will not have problems with the law.
Responsibility for accommodation without registration
An administrative fine is imposed for accommodation without temporary registration; and considering how much temporary registration costs (and it is free!), the amount of the fine is quite high.
A temporary resident will have to pay a fine of 2,000 to 3,000 rubles. If the violation was committed in Moscow or St. Petersburg - from 3,000 to 5,000 rubles. The home owner will pay a fine of 2,000 to 5,000 rubles, and if the home is located in Moscow or St. Petersburg - from 5,000 to 7,000 rubles.
No other measures of influence can be applied in this case!
An administrative offense will include intentional residence without temporary registration. That is, if a citizen was denied a certificate of temporary registration, then he will not be held accountable for this.
Please note that liability for fictitious registration (which is often offered by owners for a fee) is established separately. The fines are the same.
Temporary registration of a citizen of another country
Any foreign citizen staying in the Russian Federation for more than 7 days is required to register. In case of violation of this rule, the punishment is an administrative fine of 2,000 to 5,000 rubles, followed by deportation outside the Russian Federation or without it. In Moscow and St. Petersburg, fines are higher - from 5,000 to 7,000 rubles.
Registration of foreign citizens is handled by the receiving party (See: What does temporary registration of foreign citizens threaten the owner with?).
If a foreigner comes as a tourist, then a special registration card is filled out for him at the hotel. If a citizen of a foreign state stays in the Russian Federation without a visa, then he can stay on its territory for no more than 3 months, and the visa itself is issued for a period of no more than 2 years.
***
There are even more materials on the topic in the “Registration and registration” section.
Temporary registration: what threatens the apartment owner | Legal Advice
Last updated May 2023
What are the consequences of temporarily registering another person as a homeowner? Read on to find out whether a registered tenant can claim your housing, what rights he has, and what to do if a conflict arises with him.
This is impossible, since temporary registration (as well as permanent registration) does not give him the right of ownership of real estate. Of all the powers that make up the right of ownership, a person with non-permanent registration has only one - the right to use. That is, he can be and live in an apartment, but nothing more.
He has no right to sell, use as collateral for obtaining a loan or otherwise dispose of the housing in which he is registered. Even if we imagine (purely theoretically) that the new tenant came up with such an idea, it will not be possible to implement it for the following reasons:
- he does not have documents for the apartment confirming ownership;
- even if his counterparty agreed to conclude a deal without these documents, it will still be considered invalid from the moment of its conclusion and will not create any legal consequences.
Because of this, the owner does not bear any property risks if he decides to temporarily register someone in his living space.
How much does temporary registration cost and who pays for its registration?
Services for completing such registration are provided free of charge by the local migration departments of the Ministry of Internal Affairs. Therefore, neither the owner nor the registered person will bear any costs.
The situation will change if the tenant is a foreigner. Then you will need to pay a state fee - 200 rubles . But this responsibility rests with the foreigner, and not with the owner.
What does it threaten the owner financially?
One of the serious disadvantages of an extra registered person is the increase in utility bills:
If there are meters
If you have meters for water, gas, electricity, then the amount will increase in proportion to the volume of resources consumed.
Example: The Solomin family - husband, wife and their child consumed 8 cubic meters of cold water and 5 cubic meters of hot water per month. According to tariffs for the Western Administrative District of Moscow, they paid:
- for hot water - 151.36 rubles/cub.m. x 5 cubic meters = 756.8 r;
- for cold - 30.87 rubles/cub.m. x 8 cubic meters = 246.96 rub.
After Solomina A.A. I temporarily registered my friend Ivanenko G.V., water consumption along with the amount of payments increased:
- for hot water – 151.36 rubles/cub.m. x 6 rubles = 908.16 rubles;
- for cold – 30.87 rubles/cub.m. x 10 cubic meters = 308.7 rub.
If there are no meters
Then the payment is calculated according to the number of registered people in the apartment, which is even more expensive.
Example: General standards for water consumption per person are set in the following sizes: cold - 6 cubic meters, hot - 3 cubic meters per month. This means that after obtaining a temporary registration for G.V. Ivanenko, the Solomin family will pay for 4 people, and not for 3, that is, 6 cubic meters more for cold water and 3 more for hot water.
To prevent such consequences for the apartment owner from turning into a big minus, it would be rational to initially discuss this point with the temporary tenant. Typically, the tenant and the owner enter into a rental agreement, which stipulates the procedure for paying for utilities. If you do this, then such registration should in no way affect your finances.
Is it possible to temporarily register a child without the knowledge of the owner?
One of the most unexpected surprises may be that instead of one temporarily registered person, there may be several of them in your living space. This can happen if you have registered a woman with a minor child.
In this case, the child’s registration may be issued without your consent. And it will not even be possible to challenge this fact in the future, since Government Decree No. 713 of January 17, 1995 clearly protects minors. Clause 12 states that registration of children under 14 years of age is carried out at their place of residence:
- parents;
- adoptive parents;
- guardians.
In this case, it is carried out regardless of the consent of the following persons:
- tenants of housing in state fund houses;
- private owners, if the housing is privatized;
- boards of housing cooperatives, if they are the owners of the housing.
If a minor is temporarily registered in your home, this may become a reason for manipulation on the part of his mother (father, guardian, adoptive parent). The fact is that the exact periods for which children can be registered at the place of residence of their parents are not determined by law. According to the rules, they are registered simultaneously with them and for the same period.
However, if registration occurred later, then due to the inattention of the migration department employees, the period of temporary registration may be longer than that of the parent himself.
This situation is fraught with the fact that a non-permanently living parent can obtain an extension of his registration through the court - do not leave the child alone in a “strange” apartment, and only then renew the child’s registration for a longer period. But this series of frauds can be stopped.
- Step 1. Go to court. And although the law is entirely on the side of the child, having a sufficient evidence base in hand, it is possible to prove that the child is only a cover for committing a fraud with temporary registration. If you succeed, the child’s temporary registration will be cancelled.
- Step 2. Upon expiration of any registration period (parent or child), together with the resident person, appear in person at the migration department and monitor the determination of the future registration period.
Example : Antonova V.I. was registered for six months in the apartment of L.V. Vozny. A month later, she independently registered her 11-year-old daughter in this living space for a period of 6 months. Thus, her registration ended earlier than her daughter’s.
She could have gone to court to oblige the property owner to extend her registration for another month, but Vozny L.V. proposed a more profitable and time-saving solution for himself - to voluntarily register her with the migration service for another 1 month.
But I was already present during this registration in person, so I independently verified the expiration dates of registrations in order to avoid similar incidents in the future.
Is it possible to sell an apartment with a temporary registration?
Theoretically, it is possible to sell an apartment with temporary residents registered in it (since an extract from the house register is now not required when registering a transaction), and the consent of the latter is not required for this.
But in practice it is unlikely, since few people will want to buy such an apartment, because it is burdened with the registration of strangers. This means that after purchasing housing, the new owners will have to share it with strangers, because...
they have the right to use.
For the seller
Although there is still one guaranteed way that will help sell an apartment with an encumbrance in the form of a non-permanent registration.
This is an application to a real estate agency that specializes in the sale of “problem” housing.
Such agencies buy apartments at almost half the price of their market value, or undertake to find a suitable client, charging 40-50% of the transaction cost for their services.
For the buyer
Before purchasing, the buyer should carefully study the contract and request from the seller an extract from the house register, where all registered persons are indicated (i.e., so that there are no registered persons). Because there are often cases when a transaction has already been completed, and later it turns out that someone else is registered in the purchased property. But even if you happen to buy encumbered real estate, there is always a way out.
- Option 1. Forcibly evict temporarily registered persons from their apartment by filing a lawsuit in court.
- Option 2. Again - through the court - but using a different procedure. You need to ask that the transaction be declared void if the contract did not say anything about temporary residents registered at your address. If the demands are satisfied, it means that the apartment is returned to the seller, and the money is returned to the buyer.
Additional disadvantages of such registration for the owner
| Situation | Consequences |
| Temporary resident takes out a loan | Bank representatives and collectors will look for him at your address |
| Tenant commits a crime | The police will visit you first and it is even possible that you will have to be a witness in the case or, worse, an accomplice |
| The person registered with you is evading conscription into the army. | Summons will be sent to your address, and military registration and enlistment office employees may even think that you are hiding a conscript |
| The temporarily registered resident has a car | All his fines and notices of administrative violations on the roads will be sent to you |
| The tenant leads an immoral lifestyle | The most unexpected - from constant noise, drunkenness and scandals with the owner to illegal actions directed at him |
Can the owner of a private house temporarily register someone with him?
Yes, this procedure is no different from registering an apartment - it is carried out according to the same rules and in the same order. The tenant and the owner acquire a similar scope of rights and obligations. The only difference is that the migration department may require an extract from the house register to the “apartment” list of documents for registration:
- formal application;
- passport of the temporarily registered person;
- certificate of ownership or lease agreement, or written permission from the owner to register.
However, registration will not be possible if the house:
- not put into operation (no corresponding act);
- built on lands not intended for individual housing construction;
- documented as a dacha;
- is joint property and its shares are not allocated in kind unless there is consent to registration from the co-owners.
Registration for refugees and military personnel: does their status affect the owner of the home?
Resolution No. 713 states that the temporary registration of refugees and military personnel is carried out according to the usual rules, that is, their “special” status does not affect the rights and obligations of both parties. But at the same time, there is a caveat for each category. Thus, registration is carried out as usual if:
- refugees received the status of forced migrants;
- military personnel are contract soldiers, not conscripts.
Temporary registration will not be required at all for those military personnel who are on a business trip or vacation.
Possible positive aspects for the owner
Registration of tenants is an undeniable advantage for him, since it will allow him to avoid possible problems with the tax authorities. They may arise due to the fact that if the owner who rents out the apartment does not want to register the tenant at the place of residence, the latter can apply to the migration department of the Ministry of Internal Affairs or the court with demands for forced registration.
The owner will immediately be interested in the tax authorities regarding evasion of personal income tax in the amount of 13% of the rent amount. If the tax inspectorate manages to prove that the apartment is for rent, you will have to pay the tax itself, a fine of 20% of the unpaid tax amount and a penalty.
In addition, if the owner allows a citizen of the Russian Federation to live in his apartment without registration, it constitutes an administrative violation. According to Art. 19.15.1 of the Code of Administrative Offenses of the Russian Federation for him the court may order:
- fine from 2000 - 5000 rubles
- in Moscow or St. Petersburg - from 5000 - 7000 rubles .
Disadvantages of temporary registration: can the owner avoid them?
Despite the fact that temporary registration does not give practically any rights to the tenant, it can still adversely affect the owner’s usual rhythm of life. However, if he follows the advice below, he will be able to minimize the risks:
- registration should be issued for the shortest possible period;
- It is advisable to be present in person during the registration procedure to control the completion of the application (especially the column with the registration deadline);
- You should only register those people you know well (although this is not always a guarantee that you will not have disagreements with them in the future).
How to resolve the conflict between the owner and the temporarily registered person?
If during a conflict it is not possible to reach an agreement peacefully and the registered person does not agree to be discharged, there is only one way out - forced discharge through the court. To do this, the owner must:
- apply to the magistrate’s court at your place of residence with a claim for forced eviction;
- provide the court with facts confirming the need for eviction:
- violation of public order by such a tenant;
- neglect of sanitary standards;
- refusal to pay for utility services;
- long-term residence at another address.
- wait for a court decision in your favor and expect its voluntary execution.
If you refuse voluntary execution, you should contact the bailiffs, who ensure the enforcement of the court decision.
Ordinartsev Roman Valerievich
How to discharge a temporarily registered person without his consent? - Moscow
The law of the Russian Federation allows the owner of a property to write out a temporarily registered person without his consent ahead of schedule, if there are compelling reasons for doing so. First, let's figure out what temporary registration is.
Temporary registration is needed when a person does not live at the place of permanent registration for more than one and a half months. It can be issued by agreement with the owner of the living space for a period of no more than five years.
Important! Staying in another city without registration for more than 90 days is punishable by a fine. If you receive a temporary residence permit, then there is no need to leave your permanent place of residence.
For what purposes is temporary registration issued?
As noted above, if you are going to live in a place that does not correspond to your registration for more than 90 days, then in order to avoid troubles you should temporarily register at the address of your actual residence. In addition, temporary registration may be needed for the following purposes:
- obtaining a loan;
- opportunities for official employment;
- receiving free medical care if necessary;
- the possibility of placing a child in an educational or preschool institution;
- preparation of necessary papers and documents;
- registration of social assistance or benefits.
Temporary registration requires the consent of the property owner. Children under the age of majority are automatically registered with their parents.
Premature discharge of a person temporarily registered in an apartment
Temporary registration is automatically canceled at the end of the period, that is, there is no need to prepare the relevant documents. However, situations often arise in connection with which it is necessary to discharge a person earlier than the deadline agreed upon and fixed in the contract. Here are the most common cases:
- the citizen left his place of temporary registration and moved to another city or apartment;
- a temporarily registered citizen does not pay utility bills for several months;
- the apartment is not used for its intended purpose;
- a citizen violates public order: he is rowdy, drunk, and does not comply with the accepted living conditions.
Important! The fact of disrespectful attitude towards the home and its inhabitants must be confirmed by people living in the neighborhood.
The owner of the residential premises initiates premature deregistration on behalf of all owners who have reached the age of majority by sending the following documents to the FMS:
- application of the appropriate sample;
- document confirming ownership;
- identification.
The presence of a temporarily registered citizen is not required for premature discharge. Minor children are automatically discharged from the territory of temporary residence along with their parents.
Important! Under no circumstances can temporary registration become permanent; even if the owner has not specified a period, it automatically terminates after five years.
The procedure for discharging a temporary resident without his consent
The law of the Russian Federation provides for a special procedure for the discharge of a temporary resident without his consent. Strictly speaking, the homeowner does not have the right to cancel the registration of a citizen without special grounds. The most common of them are listed above. However, even if one of these cases occurs, the temporary tenant is discharged only by court decision. To do this you need:
- Write a statement of claim in the established form and send it to the court of the district where the apartment is located.
- Prepare documents proving the circumstances due to which the owner wants to discharge the tenant.
- Pay the state fee.
After a court decision is made, it is necessary to obtain a writ of execution and submit it to the appropriate authorities to remove the temporarily registered person from the register. A copy of the decision should be sent to the bailiffs, who are obliged to evict a citizen who has lost his registration from the living space if he refuses to voluntarily leave the premises.
Help from professionals in the case of deregistration of a temporarily registered citizen without his consent
If you are faced with the need to evict a temporarily residing citizen in your living space, and he does not want to do this voluntarily, you should seek help from lawyers.
They will tell you on what basis you can take this action, and will also collect the necessary evidence and competently draw up a statement of claim in court. If such a need arises, the specialists of the Pravosfera company will bring the matter to the end, monitoring the enforcement proceedings as well.
Contact our company and you can see for yourself that the laws of the Russian Federation protect the rights of every citizen.
Temporary registration: validity period and how much it costs in 2023
Updated 07/03/2022
2017-03-19T10:31:46+03:00
Temporary registration is the “attribution” of a visiting person to the address of actual residence, which is not the place of permanent registration, for a certain period. Its presence is necessary for:
- receiving medical care;
- employment;
- gaining access to the services of educational institutions for the child;
- obtaining credits and loans from banks;
- paperwork.
The list is not exhaustive. Temporary registration assigns a person to a specific entity for a certain period and will provide the rights that its residents have; it may also be necessary to register a minor child.
https://www.youtube.com/watch?v=Zw8JvuM4A8I
The procedure for granting registration is regulated by current regulations. If a person wants to find out how long the registration is for, he should study Articles 683 and 685 of the Civil Code of the Russian Federation.
Important
Experts advise familiarizing yourself with the administrative regulations that guide the employees of the Federal Migration Service of the Russian Federation. It contains the nuances of processing documents on the stay of citizens.
According to Federal Law No. 5242-1, a person who arrives at his place of residence is required to register as soon as possible if the citizen plans to stay in the locality for more than 90 days.
Additionally, you can study information about how much a visitor visa to Russia costs for foreigners.
- Lost my passport - how to restore it
- Find out SNIS from your passport online
- Replacing the TIN when changing your last name
- Validity period of Russian passport
- At what age do they change their passport according to age in the Russian Federation?
- Registration without ownership rights: features and procedure for registering
- What is temporary registration
- How long can you be without residence permit or registration?
- Fine for an expired passport of 20 and 45 years
- Replacing a passport when changing your last name after marriage: important nuances
- State duty for passport replacement: its amount, when and how to pay
- Fine for lack of registration in 2023
- List of documents for obtaining citizenship for a child
- The process of obtaining SNILS for a newborn
- What documents need to be submitted for a temporary residence permit?
- Is it possible to sign a tenant out of an apartment? What documents are needed?
- All about registration in 2023: how to register, what documents are needed, how long you can live without registration, fine for lack of registration
- Where to change SNILS when changing your last name
- How to issue SNILS for a child
- SNILS - what is it?
- Obtaining a passport at 14 years old, what documents are needed
- How to obtain a residence permit in Russia in 2023, renewal of a residence permit
- TIN form: how to get it
- Error in passport: changing data and replacing passport in 2023
- Dual Citizenship Notice, Download Form 2023
- How and where to change a passport at 20 and 45 years old, replacing a passport through government services, MFC: application, documents, state duty
If a person needs a temporary registration, the validity period is the main question that interests citizens when receiving it. If you familiarize yourself with the current legislation, it turns out that the period of stay of a visitor in his living space is set by the owner of the property himself. Usually the period is set by mutual agreement of the parties.
Important
The registration period cannot be higher or lower than the limit established in the current legislation.
It will not be possible to obtain a residence permit for less than 6 months. At the same time, a maximum period for temporary registration at the place of stay has been established. It is 5 years, there are no exceptions to the rules. If the owner agrees to leave the tenant for a longer period, the registration procedure will have to be repeated.
Free legal consultation
Free legal consultation
We will answer your question in 5 minutes!
Ask a Question
We will answer your question in 5 minutes!
The specifics of obtaining temporary registration depend on the person’s place of residence. So, if a visitor is staying at a boarding house or hotel, all actions for registering a citizen fall on the shoulders of administration employees. A person in this situation will only need to provide an identification document, i.e. a passport.
But if you have lost your document, it is important to know whether you can change your passport in another city. It is possible, but the period for issuing the document will be up to 2 months. Also make sure that no mistakes are made when issuing a new document, such as changing the date of birth in the passport or a mistake in the last name. This will lead to new problems.
If a citizen comes to visit relatives or decides to rent housing, the registration procedure becomes more complicated. To complete it you will need:
- Prepare a package of necessary documents.
- Contact the territorial office of the Federal Migration Service and submit all the papers.
- Wait until the organization’s employees check the documents and make sure that there are no reasons for refusing temporary registration.
- Get a certificate.
There is no registration fee for a specific time. The visitor only has to pay for the housing in which he is staying. It should be remembered that, according to current legislation, a citizen who does not live in a residential building on a permanent basis is obliged to pay for utilities on the same basis as permanent residents.
what documents are needed for registration.
If a person is interested in how much temporary registration costs, then according to statistics, the price of the service differs depending on the citizenship of the applicant. The cost of temporary residence permit (registration) in Moscow is:
- for citizens of the Russian Federation, the cost of the service varies from 500 rubles. for three months up to 4,500 rubles for 1 year. The maximum period of registration is 5 years. As a result, registration for 5 years at the maximum cost will cost 22,500 rubles. (4500*5 = 22,500 rub.).
- for citizens of the CIS or a state that has a visa-free regime with Russia, the cost of the service will be from 500 rubles. for three months and up to 4,500 rubles for 1 year. For 5 years, the maximum amount is similar to the conditions for registration of citizens of the Russian Federation - 22,500 rubles.
- citizens of a state with which Russia has a visa regime, the cost of the service will be from 1000 rubles. for three months up to 10,000 rubles per year. Registration at a maximum cost of 50,000 rubles. (10,000*5=50,000).
In St. Petersburg, prices for registration are higher: from 900 rubles. for 3 months and up to 7,000 rubles. for 1 year. And citizens of other countries will face a price of 500 rubles. for 1 month up to 20,000 rub. for 1 year. As a result, the maximum payment for 5 years is 100,000 rubles.
Free legal consultation
We will answer your question in 5 minutes!
When wondering how much temporary registration costs, you should remember that not all companies conscientiously fulfill their obligations. There are frequent cases of providing false documentation. For this reason, when deciding to use the service, you need to exercise utmost caution.
Free legal consultation
We will answer your question in 5 minutes!
It is not always possible for a person to find a property owner who is ready not only to rent out an apartment, but also to register a visitor in it for a specific period. For this reason, the service of selling temporary registration is popular in large cities. The essence of the deal is to provide registration without actual residence.
Important
If a person does not plan to live at the place of registration, it is considered that he is providing the state with false information. Such a procedure is considered illegal and is punishable by fines. Monetary penalties are imposed on the owner of the property and on the fictitiously registered tenant.
It would be interesting to know what the difference is between registration and registration.
If the issue with the period of temporary registration is resolved, the property owner should think about the consequences. An apartment owner who provides a temporary residence permit to a child or adult may face the following consequences:
- the property can be subleased;
- the rent will increase;
- residents may refuse to voluntarily leave the premises;
- visitors can draw up a number of documents without the consent of the owner;
- not all residents agree to pay utility bills;
- real estate may be damaged;
- Housing is not always used for its intended purpose.
They may rent out a room for you to obtain temporary registration. But if you register a person in an apartment, what consequences may not always be clear. For this reason, experts advise being more careful about allowing strangers into your territory.
Controversial issues that arise during interaction with residents can be resolved by going to court. The government agency will carefully study the current situation and help find a way out of it.
Experts do not advise taking measures against unscrupulous tenants on your own.
All controversial situations arising as a result of the arrival of a visitor are resolved strictly in court. Most appeals to government agencies occur due to the following problems:
- temporarily registered residents do not want to leave their living space;
- the visitor does not want to pay utilities;
- the tenant registered independently without obtaining permission from the property owner;
- visitors violated the rules of residence;
- Controversial issues arose regarding registration.
It should be remembered that full ownership of real estate belongs to its owner. For this reason, the court in most situations takes the side of the apartment owner. The visitor will have to comply with the requirements.
I'm registering tenants. What am I risking?
What risks does an apartment owner face when registering temporary registration for tenants? Is it possible to “register” tenants ahead of schedule?
Dmitry K.
Indeed, there are some difficulties. But in fact, temporary registration at the place of residence is not as burdensome for the owner as they fear on the Internet - it rather eliminates risks. Let's go in order.
An attentive local police officer can detect unregistered tenants - and then problems will arise for the apartment owner. If the owner rents out an apartment for more than 90 days to a tenant without temporary registration, he can be fined 5 thousand rubles in the region and 7 thousand in Moscow and St. Petersburg.
You can terminate your temporary registration as a tenant early. To do this, you need to write an application for his early departure. Such an application must be submitted in person to the place where registration was made, or sent by mail or through the government services website.
After 3 working days the tenant will be removed from the register.
In theory, temporary registration can make it more difficult to actually evict a tenant, but only if you rent the apartment without a contract, and this is illegal and risky in any case. We do not advise you to do this.
In any case, a tenant can be evicted early through the court if he:
- destroys living space;
- uses housing for other purposes;
- regularly disturbs the peace of neighbors.
Indeed, it is more difficult to evict a tenant with a child. There is a horror story circulating on the Internet that if inattentive officials register a child for a period that exceeds the registration of the parents, the tenant may register back at the address of his child. This is wrong.
In practice, courts usually take the side of the owner, rather than the children temporarily registered in the apartment.
If a tenant breaks the law, they will first be looked for at the place of registration. For the owner, this is unnecessary fuss and a waste of time.
On the other hand, if a rented apartment becomes the scene of a crime committed by a tenant without registration, the police will have questions for the owner himself. He could be charged with aiding and abetting a crime.
If a tenant flooded the neighbors or started a fire and left, it will be difficult to prove that an unregistered tenant lived in the apartment. An agreement without registration is dubious evidence. We recommend that you insure your apartment in this case.
In any case, you must pay tax on income from renting out an apartment. This obligation is in no way dependent on the temporary registration of the tenant. Many apartment owners do not sign an agreement and do not pay personal income tax.
Temporary registration can only increase those utility bills that pay according to the standards.
That is, if the apartment does not have water, gas or electricity meters, the amount of rent will depend on the number registered in the living space. Temporary or permanent registration does not matter. The metered utilities will not change based on tenant registration.
Our answer concerned only temporary registration. Registration at the place of residence has its own nuances. Read other articles about the housing issue:
If you have a question about personal finance, luxury purchases or family budgeting, write to: [email protected] . We will answer the most interesting questions in the magazine.
Temporary registration in 2023 - in Moscow, in St. Petersburg for citizens of the Russian Federation, how to do it, what documents are needed
To register all citizens living on Russian territory, temporary registration was introduced. The procedure is of a notification nature, but in some cases it is mandatory.
How to obtain temporary registration in 2023? Living on the territory of Russia obliges citizens to register at their place of residence.
In some cases, registration at the place of temporary stay is required. How to temporarily register at your place of residence in 2023?
General aspects
- According to the Constitution of the Russian Federation, every citizen living on the territory of Russia is required to register at his location.
- This need is due to ensuring the possibility of the full implementation of civil rights and freedoms and the fulfillment of assigned duties to society and the state.
- Temporary registration is advisory in nature, which distinguishes it from permanent registration.
- At the same time, staying in a place other than your registered address for more than three months without registering is considered a violation of the law.
Registration of temporary registration does not affect permanent registration in any way.
The procedure only states the fact that the citizen is currently living at a different address, but after a certain time he will return to his place of permanent residence.
Basic moments
The place of residence is considered to be the point where a person lives temporarily and which differs from the address of permanent registration. In this case, the place of residence can be any residential type premises.
This could be an apartment rented under a contract, company housing, or a house owned by relatives.
A person can live short-term in public or private institutions - rest homes, hotels, hospitals, hostels, etc. Any residential premises can become a place of temporary registration.
It is important to understand when temporary registration is desirable and when it is required. If a citizen lives outside the place of permanent registration for more than ninety days, then he is obliged to register at the address of residence.
Every citizen of the Russian Federation has the right to temporary registration. To obtain temporary registration, you must contact your local registration authorities.
After completing the procedure, all the benefits of temporary registration become available.
What does it give
What does temporary registration provide? Registration at the place of residence provides citizens with such opportunities as:
- contacting government agencies to prepare documents;
- official employment in the region of temporary stay;
- receiving social benefits and allowances.
Having temporary registration, a citizen has the right to use the full range of social services provided by the state.
This applies to receiving free medical services, applying for various government subsidies, etc.
In essence, temporary registration provides a citizen with the same rights as permanent registration.
The only difference is the limited validity period, but registration can be extended if necessary.
Legal regulation
The obligation for citizens to register temporary registration at their place of stay is regulated by the “Registration Rules...” approved by Government Decree No. 713 of July 17, 1995.
According to the Rules, citizens of the Russian Federation are required to register at their place of stay if the duration of stay exceeds ninety days.
Registration at the place of residence: right or obligation?
Check registration requirement
About “registration”, or a little history of the issue
Since Soviet times, a reverent attitude towards the issue of “registration” . Especially when it comes to registration in Moscow.
Owners of rented Moscow (and, frankly, not only Moscow) apartments try by hook or by crook to prevent a tenant from registering in the living space they own - out of harm’s way, otherwise suddenly “you won’t be able to check out later,” or even worse, he will start laying claim to the master’s premises ?
Until relatively recently, the country's government agencies unknowingly played along with these sentiments. The authorities approved such complex registration regulations that even with the active desire of the owner to register the tenant according to all the rules, many gave up in the middle of the procedure.
Just remember how the owner had to appear at the housing office together with the tenant, having in his hands a stack of documents for the right to own the property. And spend at least two nervous hours in this housing office or emergency department, standing in various queues and filling out one document or another at a frantic pace.
This procedure was repeated every six months, including the obligatory humiliating appearance of the tenant at the local police officer.
It is not surprising that under these conditions, temporary registration at the place of residence for a tenant was firmly linked to the favor and willingness to assist on the part of the owner-landlord.
Temporary registration in a new way
However, times have suddenly changed - lawyers call this phenomenon “liberalization of registration laws.”
On May 21, 2012, Decree of the Government of the Russian Federation No. 713 “On approval of the rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence...” was adopted
These Rules have changed many of the previously existing provisions, and as a result, the very concept of registration of citizens has changed. From a certain “right” (and it is unclear whose – the residents or the apartment owners) it has turned into a direct and unambiguous obligation of the residents:
“Citizens who arrived for temporary residence in residential premises that are not their place of residence for a period of more than 90 days are required, after the expiration of the specified period, to contact the officials responsible for registration...”
How to apply for temporary registration?
The updated version of the Rules states that for temporary registration at the place of residence, a citizen must provide:
- identification document (usually a passport)
- personal registration application
- and a document that is the basis for temporary residence in this residential premises (for example, a rental agreement), OR an application from the person providing the residential premises.
And that's all it takes! Please note - not a word about the personal presence of the owner of the premises.
The new Rules imply that the owner has ALREADY given consent for the tenant to live in the apartment he owns - by entering into a RENTAL AGREEMENT for this apartment with him.
Moreover, the new law clearly states that a citizen, if he wishes, can apply for registration either in person, by mail or through electronic systems. An example of such a system is the well-known (and actively developing) portal “Gosuslugi” - here is a link to a description of the procedure for temporary registration on this portal.
The legislation only provides for mandatory notification to the owner that a given citizen is registered on his territory. Thus, the result of the temporary registration procedure on the State Services portal is the sending by mail of a ready-made Temporary Registration Certificate - addressed to the owner and to the address at which the registration was carried out.
Consultation on registration of residents
Conclusions for the owner of rental housing
What should an apartment owner do in this situation? First of all, keep in mind that it would be illegal (and not very possible) on his part to prevent the tenant from fulfilling his civil obligation - to register at the place of actual stay after 90 days. If a tenant has entered into a rental agreement for an apartment (at least in a simple written form - after all, citizens are not required to have civil contracts certified by a notary), then nothing prevents him from obtaining temporary registration legally.
Of course, you can rent out an apartment without concluding a contract. However, there are completely different risks here, which is the topic of a separate article.
Loading...
