How to write a person out of an apartment to an owner

The content of the article

• Is it possible to write out a person without his consent
• Extract tenant without his presence
• Grounds for discharge from the apartment
• Features of discharge from the apartment
• From the municipal
• From privatized
• From received as a gift
• Extract of a minor child
• How to get a non-owner out of an apartment
• Lawsuit
• What documents should be filed with the court
• Deregistration based on court decision
• Where and how to apply for deregistration
• Through a division of the Main Department of Internal Affairs of the Ministry of Internal Affairs
• Via Government Services Website
• Through MFC
• By proxy

If the tenant agrees to write out independently, there are no problems. He goes to the passport office and draws up documents. If a person is missing, does not pay for a communal apartment, refuses to leave a house that does not belong to him, it is not easy to solve the problem. An extract from a privatized apartment takes place through a court, which means financial costs, time and nerves.

Is it possible to write out a person without his consent

It is impossible to forcibly deregister a homeowner. First, he must take the property, but this is not easy. If a person is registered without the right of ownership, he can be deprived of registration through the court. Each case is considered separately. The decision on discharge is made taking into account weighty arguments – refusal to pay for electricity, gas, water, long absence, divorce, etc..

Extract tenant without his presence

To withdraw from registration, a passport attendant appearance is desirable, but not required. It happens that a person wants to change the registration, but can not submit documents personally. Then you need to make a power of attorney to another person who will deal with the issue. When a person refuses to lose registration, the landlord can get rid of him in court.

Grounds for discharge from the apartment

• Correspondence. A person buys another house or moves to another apartment, the owner of which agrees to register it.
• Divorce. The former spouse can write another out of the house if he became the owner of the house before marriage. Basis – Art. 31 p. 4. LCD RF. An exception is a prenuptial agreement or other document under which both spouses began to own real estate. If there is nowhere to write out, the court may allow the use of the premises for a certain time. If the owner of the apartment pays alimony, the court may order the former spouse to be provided with housing.
• The defendant does not pay for electricity, gas, water or more than six months no one saw him at the place of registration. If he is the owner of at least some real estate, the judge will allow him to be discharged from the apartment without his consent.
• Deprivation of parental rights. Bailiffs can evict the mother and father if the court forbade them to be near the children. The plaintiffs are the guardianship authorities. People deprived of parental rights automatically lose their registration.
• Jail. A tenant can be discharged if he is serving time, but after returning he can register.
• Tenants violated the rules for using a municipal apartment.
• Property received as a gift or inheritance. The new owner may deprive former residents of a residence permit in court.
• Illegal redevelopment. If you prove that the actions of the owner can provoke the destruction of the house, the judge will deprive him of real estate. The apartment will be sold at auction. All those registered in it will be discharged.

Features of discharge from the apartment

The procedure for forcibly discharging from a municipal or privatized apartment is slightly different. In the first case, even though real estate is owned by the state, serious arguments are needed to remove from registration. If the house belongs to a private person, and the tenant does not want to lose his residence permit, the owner can write it out in court. There are few exceptions, among them is the minor age prescribed.

From the municipal

The municipal apartment is real estate owned by local authorities. They use it for social needs. People who cannot pay rent themselves live here. The apartment is rented on the basis of an agreement or order.

The rights of residents are minimized. They cannot sell an apartment, donate, mortgage, inherit, rent out. The tenant cannot be redeveloped, but he is obliged to carry out routine repairs. Theoretically, as soon as the material or living conditions of the tenant improve, the authorities take the apartment.

The municipality has no right to unilaterally terminate the lease and evict the tenant without the permission of the court. For this reason, the tenant can be sure that he will live here as long as necessary if he does not violate the lease.

It is not easy to get out of the municipal apartment without the consent of the tenant, this can be done on the basis of such situations:

• Large debts for a communal apartment (the tenant did not pay more than 6 months.).
• Remodeling without permission.
• Misuse of housing (e.g. as a workshop).
• Violation of the rules of public order – asocial way of life, loud music at night.
• Apartment damage.
• No one has seen the tenant for more than six months in the house. He left voluntarily, not temporarily (not because of study, work, stay in prison), no one interferes with his return home.

All situations must be confirmed in writing. Before being discharged from the apartment by the court, they may impose a fine, put forward requirements, the implementation of which will correct the problem. For example, to return the previous view to housing, to behave normally, not to disturb the peace of neighbors, to pay debts.

In most cases, the tenant is discharged on the basis of not one, but a combination of several of all factors. Some citizens cannot be deprived of registration even through a court of law.

These include:

• Orphans.
• Minors.
• Senior citizens.
• Disabled people of groups 1 and 2 who were injured during work or got an occupational disease.
• Relatives of those killed or missing in the line of duty of employees of the Ministry of Emergency Situations, ATS, Customs, UIN.
• Family members of a deceased tenant.

From privatized

Real estate is considered privatized when housing is transferred from state or municipal to private ownership. The owners of the apartment can be everyone who is registered there, or one person, if others have refused in writing their part. You cannot write a tenant if he owns at least some share of the apartment.

It is not easy to deregister a person who was registered in an apartment during privatization but did not want to become an owner. A citizen has the right to indefinite residence in it, even if the owner has changed over time. It is better to agree on an extract with him amicably. If a person lives here permanently, pays for a communal apartment, it’s hard to get rid of him even in court.

Extract from the privatized area does not cause problems when:

• The apartment passed into private ownership, the tenant was not registered there, not included in the order.
• A person registered after marriage, and housing at that moment was already privatized. After a divorce, the former spouse loses registration and the right to reside.

From received as a gift

When a person receives an apartment in inheritance or a gift, he has the right to write out tenants without their consent, but by court order. The reason may be a long absence at the place of registration, a refusal to pay your part of the communal apartment amid an increase in the amount of the rent due to the person registered in the apartment.

Even through a court it is difficult to deregister in such situations:

• The registered one has no real estate, he has nowhere to go.
• The person was registered in the house before privatization and refused to take ownership of.
• Minor age.
• Under a gift agreement, there is a condition under which a tenant will not be deregistered.

Extract of a minor child

In Russia, a person under the age of 18 is considered a minor. Until this moment, he is under the protection of official guardians. The way they perform their duties is monitored by state bodies of guardianship and trusteeship. It is possible to write out a child only with their written consent.

Keep in mind the following:

• A minor must be deregistered and registered with parents or guardians.
• If the child owns at least a share of the apartment, in order to write it out after the sale of the house, the consent of the guardianship and trusteeship authorities is necessary. If not, parents can go to court..
• A minor child cannot be discharged to nowhere. Be sure to provide the address of your future residence. The conditions there should be no worse than in the previous apartment. If before, it accounted for 20 square meters. m, then in the new house this figure should be no less.
• When the mother and / or father are deprived of parental rights, they are discharged from the apartment, and may even be expelled. A minor child keeps a residence permit and has the right to continue to live at the place of registration.

If the child is the owner of the apartment, the statement and sale of housing takes place according to this scheme:

1. Parents turn to guardianship authorities to obtain consent to discharge. Submitted documents are considered 2 weeks.
2. If the answer is yes, a deal is made to sell real estate and buy a new house.
3. Parents go to the passport office, where they submit an application and other documents for discharge. This is the passport of the mother and father, the birth certificate of the child, the consent of the guardianship authority, a paper on the ownership of the apartment. If the child is over 14 years old, he writes the application himself, if not, one of the parents.
4. After deregistration, you must register the child in another apartment. To do this, submit papers to the passport office at the place of the new address.

If the child does not own housing, the consent of the guardianship authority is not required.

List of papers for passport office:

• statement;
• parent’s passport;
• birth certificate of a child;
• technical passport of new housing.

The child cannot be discharged from the municipal apartment without receiving the consent of the guardianship authorities.

To be given, two conditions must be met:

• A child will be registered in a new home with at least one of the parents or legal guardian.
• Living conditions there are no worse than at the previous place of residence.

How to get a non-owner out of an apartment

If a person voluntarily leaves the apartment in connection with the move, the procedure will be as follows:

1. He visits the passport office, which is assigned to his address.
2. Fills out an application (form 6), which indicates the place of future residence, and together with the passport and other documents gives to the passportist.
3. Pays state duty.
4. At the appointed time he arrives at the passport office and receives a passport with a stamp on deregistration and a check-out sheet.

The following documents must be submitted to the passport office:

• Application No. 6 with a tear-off coupon.
• Passport of a Russian citizen who is deregistered.
• Military ID card or citizen to be drafted into the army. In the future, a person liable for military service will need a paper on deregistration from the military commissariat.
• Brownie or apartment book.
• A power of attorney certified by a notary if the tenant cannot deal with the discharge himself.

Lawsuit

If the tenant does not want to be discharged, the owner of the apartment files a lawsuit against him, indicating the reason for deregistration. It is difficult to make a claim yourself; it is better to consult a lawyer. Each situation is unique, and due to an error even in the name, the application may be rejected..

The content of the claim depends on the situation:

• If the defendant does not live in the apartment for a long time, it is necessary to ask the court to recognize him as having lost the right to use the living space..
• If a person lives in the house, a request for eviction is added.
• If he did not enter the apartment at all and did not live there for a day, the judge is asked to admit that the defendant did not acquire the right to use the living space.

When indicating the place of residence of the defendant, add the address from which it must be written out. A summons will be sent there. Even if the tenant is not at the indicated address, the court will consider that the notice is received. The meeting will be held without the appearance of the defendant. He will not be able to protect himself during the process. The plaintiff is profitable.

What documents should be filed with the court

• Statement of claim and several copies.
• Identity card of the owner of the apartment. If this is a child under 14, you need a birth certificate, passport of the mother or father. If the petition is filed by a lawyer, you need his power of attorney and ID.
• Certificate of ownership of real estate (not given since 2016) or extract from the USRN.
• The document of the basis on which the plaintiff began to own the apartment – a certificate of inheritance, a deed of gift, purchase and sale, etc..
• State duty payment check.
• Divorce document – it is filed if you need to write the former spouse.
• Certificate of all real estate owned by the defendant (from USRN).

Deregistration based on court decision

The sentence is gaining strength a month after the announcement, when there is no appeal. If the tenant or his representative has never come to court, it shall enter into force after 1 month. and 7 days. To deprive him of registration, the plaintiff must take a copy of the judgment in the office. The paper should be taken to the district department for migration of the Ministry of Internal Affairs. If there are no problems, the defendant will be discharged in 3 business days.

In addition to the court decision, the following documents must be submitted to the passport office:

• Application from the owner of the property who wants to issue a tenant.
• Help on registered in the room.
• Brownie or apartment book.

Where and how to apply for deregistration

The discharge procedure is fixed by Order of the FMS of Russia No. 288 (as amended on January 19, 2015). According to him, documents can be submitted not only personally, but also by issuing a power of attorney to another person. This is true if a person serves in the army, is serving a sentence in a correctional institution in Moscow or another region of the country..

You can get out of the apartment in several ways – visit the regional department for migration of the Ministry of Internal Affairs, the International Financial Center or fill out an application online on the State Services website. Important: a passportist does not have the right to refuse an extract if there is a debt for the payment of housing services.

Through a division of the Main Department of Internal Affairs of the Ministry of Internal Affairs

For discharge, you must contact the district department of the migration service at the Ministry of Internal Affairs (formerly – passport office, FMS). It is necessary to bring a standard package of documents, give the employee copies of them and the original passport. He must fill out a registration form 9.

3 days are allocated for paperwork and signing. If you act through an intermediary, the procedure may take up to 8 business days. If a person is simultaneously discharged and registered in a new place, the period increases to 2 weeks within 1 city, 2-3 months. – two settlements.

Via Government Services Website

Filing documents remotely saves time. No need to stand in line, adapt to the schedule of the structure. All that is needed is to go to the site, create a personal account and take time to fill out the questionnaire.

The instruction is:

1. There is a button “All services” on the main page of the portal below. Click on her.
2. In the section “Categories of services” click on the section “Passports, registrations, visas”.
3. On the “Popular Services” tab, select “Citizens Registration”.
4. Enter the section “Deregistration at the place of residence”.
5. Fill in all the fields.
6. Send a statement, wait for the verification results.
7. A message will come to your phone or email. There will be appointed a time when you need to come to the department of the Main Department of Internal Affairs of the Ministry of Internal Affairs and bring the original documents, a receipt on payment of state duty.
8. The employee will verify the electronic data with the original. If there are no errors, he will put a stamp in the passport and give a slip of departure.

Through MFC

You can deregistrate through the Multifunctional Center at the place of residence of the person who is discharged. The specialist accepts by appointment or in electronic order. You can sign up in advance through the MFC website or by calling the hotline.

The citizen provides the employee with a standard package of documents and their copies. He checks the paper and returns the originals to the owner. The passport is temporarily left in order to make a mark on disposal. After that, he gives a receipt on the acceptance of documents and sets a date when the passport can be picked up. SMS about receipt comes by email or phone.

A person can write out independently, even if he lives in another city. To do this, you need to apply for a residence permit at the local MFC with a simultaneous statement from the previous address. The registrar will send a request to the passport office at the previous place of registration. This procedure can take up to 2 months. So that a person does not go without documents, the employee must prepare and give a temporary identity card, a valid month.

By proxy

The law allows you to leave the apartment by proxy, but not all MFC branches provide this service. A person must show not only a notarized power of attorney and statement, but also the passport of the tenant. The law prohibits the transfer of this document to third parties, with a few exceptions. Before contacting a notary, specify in advance whether the passport office will accept documents without the personal presence of a tenant.