Extract from an apartment when selling an apartment by the owner, terms, how and where to check out when selling an apartment

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Extract from an apartment upon sale is one of the essential conditions in real estate transactions, which requires agreement with both parties. Participants in the transaction should be aware of the nuances associated with the procedure for deregistering residents of the property being sold.

The procedure for deregistration when selling real estate

The owner, who is interested in the quick sale of real estate, will take the necessary steps to deregister all residents registered in the apartment before the transaction is completed.

Voluntary discharge by the owner of family members and himself is simple and quick.

To do this, you need to contact the passport office (the territorial body of the Ministry of Internal Affairs for migration issues) or the MFC with a passport and an application in form No. 6 for deregistration at the place of residence.

Difficulties may arise if, when purchasing an apartment, it is discovered that a minor child is registered in it. In this case, discharge is possible only if he is provided with a new place of residence, where he will be registered together with one of his parents.

If the child owns all or part of the property, the consent of the guardianship authorities should be obtained for the sale of real estate.

Read more about how to check out of residential accommodation.

Nuances of the purchase and sale transaction

Real estate transactions consist of many nuances. Conducting a transaction is complicated by the fact that it is necessary to take into account the interests of not only the buyer and seller, but also other interested parties or those involved in the process. Since both parties are pursuing their own goals, each of them will answer the question in its own way when it is better to write to the seller of the apartment.

From the buyer's point of view, it is desirable that this happens before the transaction is completed. Perhaps the seller will decide the same if he has somewhere to register, because living without registration is illegal.

If there is nowhere to register, it is in the interests of the seller to maintain registration until such living space becomes available, for example, before purchasing an apartment.

Such situations do not occur often. Typically, the sale of real estate is dictated by the desire to change living conditions, so at the same time as the sale, the seller moves to a new home. In such a situation, discharge is not a problem. If the transaction is a pure sale, the seller must take care of his further registration.

The timing of check-out from an apartment after the sale is regulated not by law, but by a purchase and sale agreement (SPA) as agreed by the parties. If you can reach a compromise with the seller, you can check out of the apartment even after it is sold. It is advisable to clearly state this point, as well as the deadlines, in the contract. Practice shows that the registration procedure takes about 14 days.

The new owner has the right to register in the purchased apartment before the previous residents are discharged from it. If the former seller does not want to be deregistered, forced deregistration through the court is applied.

When selling through a mortgage, a reasonable question arises whether the bank will approve the transaction if there are registered people. Most credit institutions have nothing against this. Sometimes one of the conditions may be a requirement to deregister the seller before signing the loan agreement.

Statement before or after sale: legal requirements

If the position of the participants in a real estate transaction is clear, it would not be a bad idea to find out the point of view of law enforcement officers on this issue.

It should be recognized that the legislation does not provide specific guidance as to whether it is necessary to check out of an apartment before selling it. The Civil Code of the Russian Federation deals only with the right of ownership and use.

If the first is terminated when the property is transferred to a new owner, then the right to use the object may be retained after the sale (Civil Code of the Russian Federation, Part I, Article 292).

Having lost the right of ownership after the transfer of housing to a new owner, the previous owner or members of his family can retain the right to use the property.

The new owner will seek forced discharge if he did not accept this option as an encumbrance at the stage of drawing up the DCP. But if the seller is interested in selling, he should register himself and remove family members from registration. A conscientious citizen will take care in advance of where to register himself and his loved ones.

If there are no problems with future registration, deregistration at the place of residence is resolved by registration at a new address, and the question of whether it is possible to register without registering does not even arise. This can be done.

Selling an apartment with a registered person

As mentioned above, when selling real estate, the registered person can retain the right of use. This rule of law protects the rights of a number of categories of citizens who, even when selling an apartment, can use it, that is, live, while maintaining registration.

When purchasing a new apartment, it is important for a buyer to find out whether the seller’s family members include:

• those who refused privatization;
• living on the basis of a will;
• minor children who are under guardianship or left without parental care;
• rent recipients.

The presence of such citizens will burden the transaction, so the buyer needs to seriously think about whether it is worth signing a contract with the encumbrance of third parties’ residence.

Another question arises: is it necessary to check out of an apartment to which you have the right to use? In this case, registration does not matter, because it exists separately from the right of use. If a citizen has a place to register, deregistration is possible, otherwise not.

Learn more about how an apartment is sold with a registered person.

Is it possible to check out to nowhere?

In the absence of an encumbrance in the form of persons having the right to use the property being sold, the owner of the property must deregister everyone who was registered in it. It is preferable to do this before signing the contract in order to speed up the sale and simplify the procedure.

There are often situations when a citizen sells an apartment in order to purchase a new one, but these events do not coincide in time: the sale has already taken place, and the purchase is still in the preparation stage. In this case, the seller is discharged to nowhere, that is, he is not registered at a new place of residence.

At the same time, you should remember how long you can live without registration in your passport after selling your apartment. In accordance with Article 5 of the Federal Law of June 25, 1993 No. 5242-1, this period should not exceed 90 days. During the specified period, the citizen must obtain permanent or temporary registration. But the passport should be stamped within 3-8 days after submitting the documents.

Find out more about whether you can check out of your apartment.

Extract without consent: judicial procedure

Sometimes the owner of the property for sale or one of his family members opposes the deregistration. This happens for various reasons: there is nowhere to register, disagreement with the sale, the desire to retain the right of residence, and so on. In such a situation, the new property owner will have to rely only on the help of the court.

If the parties stipulated in the agreement the deregistration during the sale, but this condition was not met, then this document alone is enough to remove excess residents from the apartment.

In the absence of such a clause, the court will operate with the rules of law:

• termination of ownership rights upon alienation of property (Civil Code of the Russian Federation, Article 235, paragraph 1);
• the right of the new owner to dispose of his property (Civil Code of the Russian Federation, Article 209, paragraph 1), to demand the elimination of violations of this right (Civil Code of the Russian Federation, Article 304);
• transfer of ownership is the basis for termination of the right to use the premises (Civil Code of the Russian Federation, Art. 292, clause 2).

Read more about how to discharge a person from an apartment through the court.

Deadline for de-registration

When selling an apartment, the former owner and his family members must register. Although there is nothing complicated in this procedure, sometimes the process lasts for a week or even two, taking into account the collection of documents. To calculate the time correctly, you need to know how long the checkout takes.

Two factors matter:

• category of citizens: homeowner or not, adult or minor, and so on;
• place of application: passport office, MFC or State Services portal.

If forced discharge through the court is necessary, then it will take at least a month to resolve this issue.

For information about how the deregistration procedure works, read the article “Time limits for deregistration from an apartment.”

How to delay checkout when selling

So, the moment of discharge is not specified in the law, we are only talking about “reasonable” periods (Civil Code of the Russian Federation, Art. 314). If the issue is resolved by agreement of the parties, it is important to reflect all agreements in the DCP, especially if the extract will occur after the sale of the property.

For example, you need to clearly state in the contract a “reasonable” period: 10/20/30/45 days after registration of the contract/transfer of ownership rights/transfer of funds, and so on. Another option is to indicate the exact date of deregistration.

To be on the safe side, you can mention liability for failure to meet deadlines: payment of a penalty in the agreed amount for each day of delay, compensation for losses.

Delayed deregistration is carried out in the same way as deregistration and registration occurs when buying and selling an apartment before concluding an agreement, provided that the previous owners make this decision voluntarily and independently.

If, after the sale of the apartment, the former owner or members of his family for some reason do not fulfill the terms of the agreement, they will have to resort to forced deregistration. The discharge procedure will be different. Its initiator is the new owner, who files a claim in court and collects documents confirming the violation of his rights.

Conclusion

In order for the purchase and sale transaction of an apartment to proceed quickly and not have unpleasant consequences for the parties, ideally you need to prepare a so-called “clean” transaction. This means that the seller pre-registers all residents registered in the apartment and attaches the relevant documents.

In some cases, the deregistration rules provide for the possibility of deregistration of former residents even after the sale of the property.

In such situations, the conditions for deferring discharge are prescribed in the DCP. Violation of the terms of the deregistration agreement will result in forced deregistration through the court.

Terms and necessity of deregistration from an apartment when selling it by the owner

People do not always understand at what point it is better to deregister before selling an apartment at this address, which has not yet become “old”.

Is there a danger of being left without registration if the deal doesn’t go through ? How to register when selling?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

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Find out on our website how to check out of an apartment with rent debts, whether you can check out of nowhere, and how to deregister at your place of residence while in another city.

Causes

• Any buyer is more attracted to a legally “clean” apartment , that is, one in which no one is registered, and if you check the history, there will be no those who are currently registered and live at a different address, such as those convicted and serving time .
• “Clean” living space is of greater interest to buyers , because, having purchased it, you can immediately move in and even register the whole family, that is, there are no complications with the discharge of people who do not bother themselves with putting their documents in order.
• Wanting to avoid litigation, each buyer will put pressure on the seller, demanding immediate cancellation of the registration at the address of the liquid plot for sale.

You can learn about whether it is possible to discharge a person from an apartment without his knowledge if he does not live there, how to discharge an ex-husband or ex-wife after a divorce, as well as whether it is possible to discharge a convicted or disabled person from our articles. Read also about the features of the discharge of a deceased person.

Necessity

Do I need to register before selling? Indeed, the sale requires the release of all previous residents, but the question remains: at what point will this suit both parties. Cancellation of registration before the act of sale and purchase is of more interest to the buying party .

The one who put the home up for sale may find himself in violation of the law, especially if the transaction does not take place for some reason, and all family members have already been deregistered and have become citizens living without registration.

Is it necessary to register when selling? Yes, in Art. 292 of the Civil Code of the Russian Federation clearly explains that the owner who sold the living space must stop living in it , that is, vacate it from tenants and belongings, and also ensure the cancellation of the registration of everyone, without exception, who was registered at this address, including children.

It is unreasonable for the seller to liquidate the accounting activities of all household members before the final execution of the purchase and sale agreement, so a period of 2-3 weeks (up to a month) after signing all the papers can be considered reasonable.

Civil Code of the Russian Federation Article 314. Deadline for fulfilling an obligation

1. If the obligation provides for or makes it possible to determine the day of its fulfillment or the period during which it must be fulfilled (including if this period is calculated from the moment the obligations of the other party are fulfilled or the occurrence of other circumstances provided for by law or contract), the obligation is subject to execution on that day or at any time within such period.
2. In cases where the obligation does not provide for a deadline for its fulfillment and does not contain conditions allowing to determine this period, as well as in cases where the deadline for fulfilling the obligation is determined by the moment of demand, the obligation must be fulfilled within seven days from the date the creditor submits a demand for its fulfillment , unless the obligation to perform at another time is provided for by law, other legal acts, terms of the obligation, or does not follow from customs or the essence of the obligation. If the creditor fails to submit a demand for the fulfillment of such an obligation within a reasonable time, the debtor has the right to demand that the creditor accept performance, unless otherwise provided by law, other legal acts, the terms of the obligation, or is clear from customs or the essence of the obligation.

1. Such a time period will suit both parties and will not cause any special inconvenience to the buyer, such as, for example, filing a lawsuit for forced termination of registration.
2. It makes sense to include a clause that stipulates the nuances of the physical and legal release of the home into the purchase and sale agreement, with the obligatory specification of the terms of release upon sale.
3. How to check out when selling?

Where to apply?

If you prepare properly, then cancellation of registration will not become a burdensome obligation, but will pass away as a fleeting necessary event, the purpose of which is to notify the migration service about the departure of residents

Extract from an apartment when selling an apartment by the owner, terms, how and where to check out when selling an apartment

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In the modern world, selling or buying an apartment will no longer surprise anyone. However, when a person encounters this procedure, he still has many questions.

Since an apartment is a very valuable, albeit immovable, property, losing it as a result of an incorrectly executed transaction will be very significant for any person.

You will learn from this article how to correctly complete and carry out such a procedure when the seller needs to check out of the apartment.

Do I need to check out of my apartment before selling it?

According to the provisions of Art. 292 of the Civil Code of the Russian Federation, the apartment passes to the new owner on the basis of a purchase and sale agreement, and the seller must check out himself within the prescribed period, and also deregister all members of his family.

However, the deadline for deregistration is not provided for in legislative normative acts, so most often the parties themselves negotiate this point when drawing up a purchase and sale agreement.

Therefore, the question of whether it is necessary to register before selling cannot be answered unambiguously.

However, it is worth remembering that, other things being equal, the buyer is more likely to prefer an apartment in which no one is already registered at the time of the transaction. This issue can become especially acute if minors are registered in the apartment.

Can I check out after the sale?

If an agreement is reached with the buyer of the apartment, then you can check out after the actual sale of the property. Often this condition is specified in the apartment sale agreement and must suit both parties. For example, the seller will be able to move out of the apartment later, calmly choose a new home, and the buyer will receive a discount or some services.

In this case, there may be negative consequences for the buyer - if the tenants do not leave the apartment after the agreed period, they will have to go to court, because only this body has the right to recognize a person as having lost the right of ownership.

If the buyer tries to resolve the issue of eviction without the participation of a judicial authority, then his actions may be qualified as arbitrariness and he may be brought to criminal liability.

When do you need to register when selling an apartment?

The exact deadlines for deregistration from an apartment are not established in regulatory legal acts. Therefore, the statement can be made both before the actual transaction and after it. The time is determined in the purchase and sale agreement or in an additional agreement, the so-called preliminary agreement.

What consequences could there be for the parties if the deed after purchasing the apartment did not occur, or if it occurred, but the transaction for the sale of the apartment did not take place? Let's take a closer look.

But if, after a transaction to purchase an apartment, the persons who lived in it refuse to check out within the prescribed period, then the buyer will suffer losses, both financial and moral:

• payment of utilities for all persons registered in the apartment;
• inability to move into purchased housing (spending on another living space);
• the need to evict the seller and his family through the courts.

It is worth noting that if the new owner of the apartment has to go to court, he can easily recover not only the money paid for the seller for utilities, but also recover expenses for other housing that needed to be rented for the period of impossibility of moving in, as well as all legal costs, including state duty, and services of a legal representative.

Where to check out?

The legislator provides two ways to check out of an apartment:

• going nowhere;
• with simultaneous registration in new housing.

It is worth remembering that all citizens are required to report their location to the government agency - the migration department. If this is not done, then administrative liability may arise. You can read more about the deadline to register in this article on our website.

Procedure and procedure for checking out of an apartment when selling

Depending on where you are going to be discharged, you must choose a certain procedure. But the eviction algorithm does not depend on whether the seller checks out before the transfer of rights transaction or after it.

It is worth noting that regardless of the extract method, this service is free throughout the Russian Federation. If at the passport office you are asked to pay for forms or are required to pay a fee for any other services, then immediately contact the prosecutor’s office.

Extract "to nowhere"

If the person selling the apartment has not yet managed to acquire a new home, and the buyer demands his release immediately, then it is necessary to act as follows:

1. Contact the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation at your place of registration with a civil passport.
2. Make a statement. The form and a sample for filling it out are provided at the passport office. In the column about the place where you are going to leave, you can put an arbitrary address - this will not affect anything later.
3. The passport and application are handed over to the passport officer at registration. At the same time, an employee of the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation indicates when you need to come. Usually this period does not exceed three days.
4. At the specified time, return to the passport office, receive a passport with a mark of deregistration and a departure slip (you will need it for subsequent registration in a new home).

At this point, the procedure for checking out of the apartment can be considered completed. If you have already moved to another city, you can check out remotely. This article explains this in more detail.

Extract with simultaneous registration at a new place of residence

This procedure is much more convenient, since you do not have to contact the passport office separately for both an extract and a registration. However, if you don’t yet have a new apartment, then you will either have to check out “to nowhere” or ask the buyer for permission to postpone checking out of the old apartment. So, the algorithm of actions in this case is as follows:

1. Contact the passport office that serves the territory where the new apartment is located. You must have a passport, a certificate of ownership of a new home (or a social tenancy agreement).
2. At the Department of Internal Affairs of the Ministry of Internal Affairs of Russia, fill out an application form No. 6, the form and sample of which must be filled out to you. It is necessary to fill out both parts of it, both about the extract and the registration.
3. Hand over your passport, title document and completed application to the passport officer for processing. The employee tells you the time when you need to appear for documents (or they can write down your phone number so they can tell you this later).
4. At the specified time, you go to the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation and pick up your documents. The passport will already contain marks indicating removal from the previous place of registration and registration at a new place of residence.

This procedure can also be carried out through the “Public Services” portal or the MFC (GBU “My Documents”. We described how to do this in this article.

If there is a minor child

The most difficult situations with registering an apartment for sale arise when there is a need to deregister a minor.

The only possible way to discharge a child is to simultaneously register him in a new apartment.

Moreover, if the child owned at least a small share in the old housing, then the sale will be allowed only if the share in the new apartment is no less and the conditions are no worse.

There are, of course, special cases. For example, as an exception, legal representatives may be allowed to sell an apartment and discharge a minor “to nowhere” if the money from the sale of the apartment is credited to a bank account and a new home is purchased within a certain time. Otherwise, the purchase and sale transaction may be considered illegal.

Example. The Andreev couple decided to sell their two-room apartment and use the money to buy a larger apartment. The apartment belonged in equal shares to the spouses and their minor son. Having received permission from the guardianship authorities, the couple checked out of the apartment “to nowhere” along with their son and pledged to move into a new home within one month.

Permission was obtained, since the apartment in which they were going to live was not yet completed, the spouses provided guardianship with a purchase and sale agreement for the unfinished housing. However, after a month, they were unable to move into the new apartment due to the developer’s delay in delivering the residential building.

The Andreevs could not purchase another home, since the money received from the sale had already been invested in construction. The guardianship authorities were forced to go to court with a statement of claim to declare the purchase and sale transaction invalid and to return the minor’s share. The court actually took into account all the arguments and declared the sale and purchase agreement invalid in terms of the sale of the child’s share.

You can find out more about how you can discharge minors from an apartment, what features this procedure has, and whether there is a need to go to court by reading this article on our website.

What to pay attention to

A situation where you need to check out of an apartment in order to sell it can result in trouble for both the buyer and the seller. However, for a new apartment owner, the consequences can be much more serious.

First of all, both parties need to carefully study the purchase and sale agreement itself. In addition to other mandatory conditions, it must indicate the obligations and deadlines for check-out and eviction from the apartment of the seller and all members of his family.

Secondly, it will be much safer for the buyer if, at the time of the transaction, no minor children or citizens declared incompetent or disabled are registered in the apartment.

Although if this condition is not met, then after taking ownership of the apartment, the owner of the apartment can apply to the court and, based on its verdict, evict the former owners or family members.

You can read more about how to file such a claim here.

Need a lawyer

Since issues related to deregistration of housing during its sale are related not only to the deregistration procedure itself, but also to the drawing up of a purchase and sale agreement. If you have any questions regarding your specific situation, be sure to contact our top-notch lawyers. They will be able to provide you with free advice.

In general, a lawyer can take over all procedures for registering and selling an apartment. For example:

• drawing up a purchase and sale agreement, indicating all the necessary conditions;
• deregistration of the seller by proxy or support of this procedure;
• subsequent assistance in registering at the place of residence;
• drawing up a claim, filing complaints, if such a need arises;
• representation in court and other authorities.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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When is it necessary to check out of an apartment when selling it and is it necessary?

Many people are sure that when selling an apartment, they must definitely check out of this property in advance. It is necessary to competently understand this issue so as not to violate the rights of the new owners.

Why sign out of real estate when selling it?

Every person interested in buying an apartment or other object wants the property to be truly legally clean, therefore it is not allowed for strangers to be registered in it who cannot be discharged or to have various restrictions represented by a pledge or arrest.

Therefore, sellers usually, in the process of communicating with potential buyers, immediately explain to them that no one is already registered in the apartment, which certainly increases the chances that citizens will agree with such a purchase.

Is it necessary to deregister when selling an apartment?

If a decision is made regarding the sale of real estate, then the owners must ensure in advance that the property is completely clean and ready for this process.

Therefore, all people registered in the property must check out of it.

How to check documents for an apartment before purchasing? Read the link.

Only then is the property prepared for sale.

Important! The legislation does not have clear deadlines as to when sellers or other people officially registered in the housing must check out.

• Everything you need to know about registration and registration for housing transactions, watch this video:
• Typically, when selling a property, the following nuances are taken into account:

• the seller directly negotiates with the buyer the terms during which he must check out of the property, and these conditions are certainly written down in the purchase and sale agreement, which is then signed by the parties and registered;
• if minors are registered in the housing, then care must be taken in advance to ensure that they are discharged from the apartment, otherwise it will be impossible to sell the property, since this process will not be authorized by the guardianship authorities;
• if non-privatized housing is sold, and if the citizens who are registered in it do not agree with the sale, then they can be discharged only through legal proceedings;
• minor citizens are discharged only if there is another type of real estate where they can immediately register.

The procedure for removing citizens from an apartment before sale

The process of checking people out of an apartment is considered quite simple, and you don’t even have to spend a lot of money in the form of state fees.

Sample application for deregistration.

For this purpose, only the following documents are prepared:

• a correctly drawn up application from all citizens registered in the apartment and wishing to leave it;
• forms must be filled out personally by each citizen who is over 14 years old;
• if children under 14 years of age are registered in the property, then an application is drawn up for them by their official representatives or parents;
• passports of citizens and birth certificates of minors are prepared;
• a departure slip from this facility is generated;
• It is often necessary to prepare a house register.

Time frame during which citizens will be deregistered

The legislation does not provide precise information about when citizens are required to check out of an apartment when it is sold. It is advisable to do this before the non-relative formation of an agreement with the buyer.

If the contract states that all people registered in the housing will be discharged after re-registration, then under Art. 314 of the Civil Code is required to complete this within 7 days.

Article 314. Time limit for fulfillment of an obligation 1. If the obligation provides for or allows determining the day of its fulfillment or the period during which it must be fulfilled (including if this period is calculated from the moment the other party fulfills the obligations or the occurrence of other circumstances provided for law or contract), the obligation is subject to fulfillment on that day or, accordingly, at any time within such period.
2. In cases where the obligation does not provide for a deadline for its fulfillment and does not contain conditions allowing to determine this period, as well as in cases where the deadline for fulfilling the obligation is determined by the moment of demand, the obligation must be fulfilled within seven days from the date the creditor submits a demand for its execution, unless the obligation to perform at another time is provided for by law, other legal acts, terms of the obligation, or does not follow from customs or the essence of the obligation. If the creditor fails to submit a demand for the fulfillment of such an obligation within a reasonable time, the debtor has the right to demand that the creditor accept performance, unless otherwise provided by law, other legal acts, the terms of the obligation, or is clear from customs or the essence of the obligation.

Features of selling real estate with deferred registration

When selling an object, it is allowed to specify in the contract drawn up with the seller a specific period during which all citizens registered in the property must leave it.

To do this, conditions that are optimal for both parties to the transaction are taken into account.

Important! The document may indicate when the apartment should actually be completely vacated from the people living in it.

If the terms specified in the purchase and sale agreement are violated, the buyer of the apartment can sue the violators.

Extract and registration at a new place of residence. pronovostroyku.ru

It is important to correctly draw up a statement of claim and provide copies of documents confirming the fact of violation of the agreement.

To ensure that the rights of buyers are not violated, it is recommended to use the help of professional lawyers when drawing up and signing various documents.

Specifics of the child's discharge

Discharge of children from any property has certain difficulties. This is due to the fact that this process can only be completed if there is another type of real estate where the minor can be immediately registered.

1. The new housing where the child is registered must fully comply with numerous requirements, so guardianship officials will certainly study and check the new property.
2. If a baby lives with two parents, then both of them must submit an application for the minor’s discharge, and these documents indicate the new object of registration of the baby.
3. The application must be accompanied by the parents' passports and the child's birth certificate or passport.
4. When should you check out of your apartment to sell it? Watch the video:
6. If a minor is the owner of a share or all of the real estate, then it is necessary to obtain permission from the guardianship authorities even to sell the real estate.

Where to register for sellers

If a person who owns an apartment wants to sell it, he must check out of it in advance and also register in another suitable property.

Extract without subsequent registration is allowed for citizens:

• citizens who are missing;
• dead people;
• military personnel performing military service at the time of their discharge from the apartment;
• people who are currently in prison;
• people who have lost the right to reside in real estate for various reasons.

Conclusion

• Thus, the sale of an apartment must necessarily be accompanied by the removal of all citizens from it.
• This point is checked by every potential buyer, so people often refuse to buy due to the fact that many people or even minor children are registered in the apartment.
• Apartment sellers must take care in advance to sign all citizens out of the apartment, which will allow them to sell the property quickly and without problems.

Attention!
Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below:

Attention!
Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below:

Extract from an apartment when selling an apartment by the owner, terms, how and where to check out when selling an apartment

Home / Housing disputes / Extract from an apartment when the apartment is sold by the owner

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No one will like it if strangers live in the purchased apartment. That is why the former owner must deregister from the apartment. Family members, including children, are also discharged with him.

In theory, everything looks clear, but how are things going in practice? Is the owner required to check out immediately? Is it possible to delay checking out of the apartment? The questions require careful analysis, which is what we will do in this article.

Is it possible and is it necessary to check out of an apartment when selling?

The process of selling real estate is a transaction aimed at transferring an apartment or house from the old owner to the new one. Intending to sell the home, the owner must check out of the apartment. At the same time, deregister all people living in the house - it doesn’t matter whether they are relatives or temporary residents (clause 2 of Article 292 of the Civil Code of the Russian Federation).

The situation is ambiguous: on the one hand, deregistration from the apartment is a legal requirement, on the other, if the deal fails, the owner and his family risk being left without registration.

Experience shows that not everyone quickly finds new housing. Often the process of finding a new apartment is delayed. All this creates a registration limbo for the former owner and his family members.

Useful information about registration periods in our article.

Can I check out after the sale?

The trust relationship between the buyer and the seller of the apartment can be used for an extract after the conclusion of the purchase and sale agreement . The law does not establish strict limits.

This case is subject to contractual relations between the parties to the transaction. Typically, the terms for discharge are fixed directly in the purchase and sale agreement.

The seller’s obligations can be specified in an additional agreement between the parties.

The question arises, who benefits from checking out of the apartment after the sale? There is no clear opinion. The seller and his family get time to search for housing - without haste in calm conditions. The buyer has the right to count on a discount or certain guarantees.

Example:

The owner of the apartment, Antonov, and his family sold the apartment to a distant relative, Kuprin. Being in a relationship of trust, the parties agreed to postpone the checkout from the apartment after its sale. Kuprin knew the Antonov family for a long time and got into the situation.

In fact, the couple invested most of the money in buying a car and a fur coat for their wife. Kuprin filed a claim in court for the forced eviction of the former owner and his family members. After hearing the opinions of the parties, the court rendered a verdict - to satisfy Kuprin’s claim against Antonov and his wife. The basis was clause 2 of Art. 292 of the Civil Code of the Russian Federation.

Soon a writ of execution was issued, and the case was transferred to the FSSP. The Antonov family left Kuprin’s apartment and was forced to register in the apartment of Antonov’s mother.

In a word, checkout from the apartment after its sale is possible. But with agreement and mutually beneficial conditions for both parties. Otherwise, the matter threatens to turn into litigation.

Where to check out?

Registration requires the presence of at least one permanent place of residence. When checking out of an apartment after the sale, the owner must find new housing. Discharge “to nowhere” is allowed, but only if the owner is deregistered alone, without children under 14 years of age.

Therefore, when deregistering at the old address when selling an apartment, you need to find new housing. It doesn’t matter whether it’s a privatized apartment or municipal housing. It is much more important to register within 7 days of moving into a new home.

When is it necessary?

Checking out of an apartment after its sale does not have an exact time frame. The previous housing manager may deregister immediately or agree with the buyer on a different time frame. The period specified in the contract will be the deadline for discharge.

Most often, the discharge occurs BEFORE the sale of the apartment. This is explained simply - few people would want to buy an apartment in which the owner, his mother, his aunt, two nephews, his sister’s husband and other relatives are registered.

Residents who have not been evicted from the apartment being sold are considered an encumbrance on the property.

Don't know what to do with careless tenants? Our article will help you on how to eject a non-owner from an apartment without his consent?

How to check out of an apartment when selling

Mutual signing of a purchase and sale agreement for an apartment is the basis for the transfer of ownership to the new owner (Article 292 of the Civil Code of the Russian Federation). Therefore, the seller and residents of the apartment must carry out an extract. Of course, having found a new place of residence in advance.

Procedure

The procedure for checking out of an apartment occurs in several stages. Citizens deregistering can use one of the following methods:

• Personally visit the Department of Internal Affairs of the Ministry of Internal Affairs with your passport and write an application on form No. 6. The smartest thing to do is to be discharged automatically - by registering at your new place of residence.
• Entrust the checkout from the apartment to a third party - a representative. Appropriate if you are staying in another city or abroad. The person signing out will be required to have the power of attorney and application certified by a notary. All expenses are borne by the principal, since the extract is carried out in his interests.
• Use the State Services portal - the applicant fills out an electronic application, after which he comes with a passport for stamping. The advantage of checking out via the Internet is the absence of queues and hassle.

Which method to choose, everyone decides for themselves. The immediate deregistration procedure follows a standard procedure.

Procedure

How does the process of checking out of an apartment take place?

1. Go to the official website of the Main Department of Migration Affairs of the Ministry of Internal Affairs and find your region of residence. See which immigration office serves your area. Write down your work schedule, phone number and exact address. Now you can go for an extract from the apartment.
2. Take your documents with you and visit the Department of Internal Affairs of the Ministry of Internal Affairs. Wait for your appointment near one of the “windows”. Fill out an application for deregistration at your place of residence (form No. 6). Give the completed form and documents to the registrar.
3. Get your documents (except your passport) back. You will be notified when everything is ready and you can come to the department.
4. Appear at the appointed time at the Department of Internal Affairs of the Ministry of Internal Affairs to collect your passport. While the registrars are putting stamps, fill out the departure form. At this point, the discharge procedure can be considered successfully completed.

Registration of an extract involves the seizure of the passport at the time of registration. In return, you will be given an identity card (valid for 30 days). Have the courage to request a temporary ID if you have not been issued one. Living without a passport for a long time is punishable by an administrative fine - from 2000 to 3000 thousand rubles (Article 19.15 of the Code of Administrative Offenses of the Russian Federation).

Statement

The application form for deregistration at the place of residence has a standard form. The application must be filled out by citizens over 14 years of age using blue or black ink.

Contents of form No. 6:

• name of the migration authority;
• passport series and number, who issued it, unit code, date of issue;
• legal representative (for discharge of children under 14 years of age);
• indication of a new (can be arbitrary) and old address;
• date and signature.

Please note that applications must be completed for each family member. For example, if a family of 3 people is being discharged, then three applications must be submitted. Appeals on behalf of children are written by parents (mother or father).

Documentation

The applicant needs to prepare the following package of documents:

• a written application in form No. 6 (to be filled out by one or both sides, depending on the method of check-out from the apartment);
• ID card (passport, birth certificate);
• address sheet for departure (moving within the Russian Federation);
• sheet of statistical departure (abroad).

Please note that the sale of an apartment and the registration are two independent procedures. The seller will need title documents for the apartment. The person signing out, even if he is the owner, does not need such documents. The demands of the Department of Internal Affairs inspectors of the Department of the Ministry of Internal Affairs on this issue can be considered illegal.

Deadlines

There are no legal deadlines for leaving an apartment. It is impossible to give an exact answer to the question of when exactly to check out of an apartment if it is sold. The owner can sell the apartment, but not check out of it at all.

If discharge does occur, then you need to register at your new place of residence. The law allows for this within 7 days from the date of check-in.

The procedure for deregistration from an apartment takes 3-4 days from the date of submitting an application in Form No. 6. This is precisely the period provided for by the Administrative Regulations (Appendix to Order of the Federal Migration Service of Russia No. 288 of September 11, 2012). Filing an application through the State Budgetary Institution “My Documents” (formerly MFC) will extend the period to 6-7 days.

Price

Modern deregistration at the place of residence is free. This is explained by the fact that government agencies only affix stamps and do not issue additional documents. Any extortion by employees of the Department of Internal Affairs of the Ministry of Internal Affairs is illegal.

When faced with an ambiguous situation, be sure to seek help from a lawyer. A free consultation will help you sort out difficult issues.

Example

The Savelyevs and their 12-year-old son lived in a three-room apartment. The wife did not work, but did housework. The working spouse was soon laid off at work. Increasing debts forced the family to think about selling the apartment. By contacting realtors, the husband, as the owner of the apartment, found a potential buyer.

The parties quickly shook hands and formalized the purchase and sale of the apartment. Instead of a three-room apartment, the Savelyevs planned to move to a communal apartment. However, in fact, the discharge of the 12-year-old child was refused. There are two reasons - the lack of consent from the guardianship and trusteeship authority and the ban on discharging the child from a privatized apartment to municipal housing.

The Savelyevs had to cancel the deal and pay compensation to the upset buyer.

If there is a minor child

Often, children are also discharged along with adults, who may be the owners of the apartment upon sale. The question arises, what to pay attention to when discharging a child?

Features of the discharge of minors:

1. The discharge of a child from privatized or municipal housing occurs after the approval of the guardianship authority.
2. Upon reaching 14 years of age, minors receive partial legal capacity. They can participate in housing transactions and complete discharge applications. Children under 14 years of age do not have such powers.
3. The sale of an apartment (in which a child has a share) bypassing the guardianship authority is considered illegal. The buyer has the right to demand compensation.
4. Discharge of a child with his parents “to nowhere” is not allowed. It is also impossible to re-register children from a privatized apartment to a communal one.
5. Living with one parent requires the consent of the other. Of course, if the mother and father are not divorced and the child is not adopted by the new parent.
6. Sometimes the child is registered in the apartment, but lives elsewhere. The sale of such an apartment will require the minor to be discharged through the court.

The moral rights of children may conflict with the interests of adults. Therefore, before deregistering a child, you need to check the legal purity of the property. Having an apartment owned by a minor creates additional difficulties.

What you should pay attention to?

Selling an apartment has many nuances. Having omitted the financial risks, the risks of real estate encumbrance remain.

Tips for leaving the apartment:

• Home buyers must check information about everyone registered in the apartment (divorced spouses, children, distant relatives, migrants, etc.). Before signing a purchase and sale agreement, you need to make sure that the apartment has been vacated by its previous occupants.
• Ask the apartment seller to provide an extract from the Unified State Register. Information from the register will allow you to find out about the presence of encumbrances on the apartment (arrest, pledge of property).
• Take advantage of mutual guarantees with the seller of the apartment. For example, if the latter wants to check out after concluding a purchase and sale agreement, rent a safe deposit box. You can stipulate in the contract that the seller will receive the money only after checking out of the apartment.
• Get insurance in case of unforeseen situations. The best solution would be to conclude a notarial agreement on the important terms of the transaction. A certified contract is almost impossible to cancel.

The intention to sell the apartment should not become an obstacle to deregistration. It is advisable to take into account all the nuances in advance so as not to be left without a roof over your head. The buyer of the living space needs to check the apartment for encumbrances. Delays in registering a sold apartment benefit the seller, but not the new owner. Be sure to take this point into account!

Legal assistance

Selling an apartment by owner is fraught with many pitfalls. Not everyone can correctly interpret the law. Legal gaps in knowledge prevent people from conducting an extract.

After all, during the process you have to communicate with the buyer/seller, notary, realtor, registrars, and government officials.

Sometimes the buyer of an apartment does not know how to discharge the previous tenants? Or the discharge occurs, bypassing the interests of the child. All these are special cases that require careful analysis.