Departure address sheet: how to obtain and fill out correctly

How to discharge a tenant without his consent

If the property is municipal, then both the owner of the apartment and any person registered in this living space can deregister a tenant. But this requires grounds, since the discharge procedure will go through the court.

Reasons for forced discharge:

• systematic utility debt;
• absence from the apartment for more than a year;
• in the event of a divorce, if the housing was purchased before marriage by one of the spouses;
• aggressive behavior towards other residents;
• use of living space for other purposes;
• intentional damage to housing.

Expulsion from the apartment for the specified reasons is carried out by court order. It is worth considering that you will need to provide in court not only the grounds for deregistration, but also evidence of the above-mentioned actions of the tenant.

What does a leaf look like?

The form of the document was regulated by Russian legislation. It must be filled in on both sides. The form contains a machine-readable data block that does not need to be filled out.

Citizens of the Republic of Belarus who wish to live and work in Russia need a Form 20 departure slip.

In Minsk and regional centers, this document is drawn up in 3 copies. In other settlements - in 2 copies.

After marking the departure, one copy is returned to the applicant along with an identification .

When is a sheet needed?

There are many situations when this paper may be required, but the main situations boil down to the following cases:

1. This situation is familiar to migrants when a citizen leaves the place of registration earlier than the period specified in the registration certificate for some reason. This must be done without fail. If during his stay under temporary registration a person lived in a hotel, was treated in a sanatorium and is leaving within the established period, then there is no need to fill out a departure form.
2. In the event that a migrant decides to deregister on his own and apply for registration at a new place of registration as soon as possible, he also needs to receive a departure certificate. The fact is that when trying to quickly register at a new place of residence, you will need to go through the deregistration procedure at your previous place of registration. To do this, you will need to make a request at your old place of residence in order to receive a departure slip from there, confirming that you are not tied to your previous place of registration. And only after receiving all the necessary information and papers, specialists will be able to begin registering at the new place of residence. In order not to waste time sending a request and receiving papers from your previous place of residence, it is easier to obtain a departure slip when moving on your own.
3. If a foreign citizen plans to obtain permanent residence in the Russian Federation. In this case, the migrant will need to obtain a departure certificate before traveling outside his home state.

When obtaining Russian citizenship, a departure certificate is not needed; it is required only when registering.

Do I need a departure slip when registering? No, the absence of a departure certificate is not a reason to refuse registration at a new place of residence.

Therefore, if a passport office employee categorically denies a citizen this right, this decision can be appealed in court. The Administrative Regulations also contain no reasons for this refusal.

Algorithm for registering their living quarters

When leaving a residential premises, each citizen is obliged to record this fact with the migration registration authorities. The legislation provides for a certain algorithm of actions in this case.

Read more about what documents should be provided and where, as well as what are the rights and responsibilities of citizens who want to be discharged from residential premises.

What is a departure certificate, as well as other nuances of registration are regulated by separate legislative acts. The main one is the Decree of the Government of the Russian Federation (last edition dated May 25, 2017) “On approval of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation and the list of persons responsible for receiving and transferring documents to the registration authorities for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation.”

Is it necessary to show a departure sheet when registering?

Let us remind you once again whether you need a departure slip when registering at a new address. The law does not require the presence of this form when submitting documents for registration.

A citizen can visit the department only once - when registering at a new address. In this case, a request for an extract is filled out on the back of the application for registration. And the migration authorities themselves transmit information about the old place of residence.

Thus, both stamps are affixed to the passport in one place - both the registration and the extract.

Therefore, the answer to the question whether it is possible to register without a departure slip has a positive answer. And if representatives of migration authorities refuse to register a citizen only on the basis of the absence of this form, their actions are unlawful.

Who fills it out

The document forms are filled out by the employee of the budget organization responsible for registration. However, it often happens that they are filled out by citizens themselves who apply to the passport office. Forms are issued free of charge and are not subject to state duty. The document is prepared in three copies, and in the centers of the constituent entities of the Russian Federation - in two, and submitted to the OUFMS (clause 17 of Resolution No. 713 of July 17, 1995). OUFMS employees are required to accept the form and enter the necessary information from it into the accounting system. Confirmation that a person is registered is issued within three days.

arrival sheet, form 2

Statement of claim for deregistration by the owner through the court

If it is impossible to resolve the issue by other means, you will have to act through the courts. The process of deregistration by the owner is initiated by filing a claim in court to terminate the right to use the residential premises. The defendant will be the person who must be discharged from the apartment in court.

In the case where the defendant is not only registered in the apartment, but actually occupies the living space, the statement of claim contains a demand for eviction. In such a situation, the prosecutor will participate in the trial.

The owner may apply to the court both to terminate the right to use the apartment of a person who received such a right during the period of ownership of the property by the plaintiff, and in the case when the apartment was purchased with persons already living.

The law provides for circumstances that may prevent eviction and deregistration through the court. Thus, the court may refuse to satisfy the claim for a certain period if the defendant does not have the opportunity to live in another place for any reason.

Another common reason for refusal is a situation where the owner pays alimony to the defendant. In this case, the court may satisfy the claim, but on the condition that the plaintiff provides the defendant with other living space.

In addition, the law protects persons who had the right to use residential premises on the date of privatization, but did not take part in the procedure. It is impossible to evict such tenants, even if the apartment has been sold and the owner has changed. An exception will be if residents violate the requirements of the law and by their actions endanger the safety of their neighbors.

Once the claim is accepted, a court date will be set. It is necessary to take part in this event and provide evidence of the circumstances set out in the claim.

The court will review the case materials and listen to the arguments of the parties and interested parties, and then make a decision. Participants in the process will have a month to appeal; after this time, the decision will enter into legal force.

If it is necessary to execute the decision regarding the eviction of the defendant, the owner must request a writ of execution. This document is sent to the bailiff service.

A court decision that has entered into legal force is transferred to the authorized body that carries out registration. Based on this document, the defendant is discharged.

Participation in legal proceedings may require the assistance of a legal professional. In this case, it is necessary to contact specialists who have extensive experience in this matter.

How to file a claim

The statement of claim is drawn up in strict accordance with the requirements of Art. 131 Code of Civil Procedure of the Russian Federation. The text of the document contains the following information:

• identification data of the plaintiff and defendant - full name, residential address, contact information;
• name of the judicial authority to which the application is submitted;
• a concise description of the circumstances of the case;
• claim to court;
• list of attached documents.

If errors are discovered in the claim, it may be returned to the applicant or left without movement. To avoid such situations, you can contact a lawyer to file a claim.

The text of the statement of claim does not always include a requirement for deregistration. The authorized body will do this administratively based on a court decision.

Documentation

The following documents must be attached to the statement of claim:

• an extract from the Unified State Register or a certificate of ownership of residential premises;
• document confirming the loss of the right to use living space (for example, a certificate of divorce;
• notification of vacancy of residential premises with confirmation of delivery to the addressee;
• other papers confirming the plaintiff’s claims;
• receipt of payment of state duty.

All documents are provided in quantities equal to the number of persons participating in the process.

State duty

Appeals to judicial authorities are subject to a state fee. This is regulated by Art. 333.19 Tax Code of the Russian Federation. For a statement of claim for eviction and deregistration, you will need to pay 300 rubles.

A receipt with details is issued by the head of the office. You can pay it at any bank.

How to sign out through State Services

You can check out of the apartment using the Gosuslugi portal or its mobile application. To do this, you must submit an application electronically for discharge from the apartment. But after processing the application, you will still need to come to the district Ministry of Internal Affairs with your passport so that it can be stamped with an extract. The delivery time for the service is three working days. The service is also free.

You can submit an application for deregistration from an apartment through the Gosulugi portal. But after processing it, you still need to come to the district Ministry of Internal Affairs with your passport so that it can be stamped with an extract (Photo: https:///)

Step-by-step instruction:

• go to your personal account on the State Services portal (only a user registered on the portal can submit an application. If there is no profile, you will need to create one);
• open the tab ". The “Get a service” tab will appear here - you need to click on it;
• Next, you need to fill out an application electronically, enter your passport data and new registration address (if you have one);
• submit your application and wait for the results of its verification;
• after which an invitation to visit the Ministry of Internal Affairs office will be sent to your personal account. The message will arrive in the method you choose: notification in the mobile application or by email;
• At the appointed time you need to visit the department of the Main Department of Migration Affairs of the Ministry of Internal Affairs. You must take with you the originals of the documents specified in the application. The department employee will check the data of the original documents with the data specified in the electronic application;
• after which a note indicating deregistration at the place of residence will be placed in the passport.

Filling process

Information is entered on a computer and the completed sheet is then printed. The citizen’s basic details are indicated in full accordance with the data contained in his passport.

Rules and instructions:

1. Blots and marks on both sides of the form are prohibited;
2. When indicating the date of birth, the name of the month is entered in words, the day and year - in numbers. To indicate the gender, the person filling out the form should highlight the appropriate option (male/female) with one horizontal line using a blue or black ballpoint (gel) pen;
3. Section 12, which in its main part duplicates Section 8, is required to be completed. Paragraphs 13-15 are prescribed if necessary: ​​when a citizen moves to a new place without changing the locality, as well as changing his full name, gender, date of birth. Line 15 briefly describes the reasons for adjusting the basic details;
4. In paragraphs 16 and 17, the recipient of the sheet and the employee of the passport office receiving it put a personal signature by hand and note the date of filling out the form. The machine-readable data block is filled in by the registration authority employee after the recipient of the certificate is issued.

Although the departure address sheet is not a mandatory document for registration at a new place of residence, it is still better to issue it, because, as practice shows, upon new registration it may still be required by a house management employee. Another advantage of issuing this certificate is that it is free and easy.

Filling rules

The document is a 15-item questionnaire.

Points 1–11 are located on the front side. Information must be entered into them. All items are extremely simple and do not raise any questions when filling out.

The reverse side contains items 12–17. The twelfth paragraph is required to be completed here. The rest are filled in as needed.

The employee responsible for the correct completion of the document puts the date and signature on it. This means that all the information specified in the document is verified and reliable, and the sheet itself is formatted correctly. If you deregister from your previous residential address, a corresponding note will be added to your passport.

Sample of filling out the departure address sheet, form 7

The form of the departure address sheet is legislated by Order of the Federal Migration Service of Russia dated September 11, 2012 No. 288 and contains information about the movement of a citizen across the territory of the Russian Federation.