Temporary registration is dangerous for the owner in 2021: risks, what it affects

Temporary registration is a mandatory condition for citizens to live in a city where they do not have their own housing. Essentially, it is a way for the state to control the movement of citizens.

According to current legislation, a person may not complete the relevant documents during 90 days of stay in another city. After the specified period, staying without registration is punishable by a fine.

How to make a temporary registration, what documents are needed, validity periods and cost of services. Here are perhaps the most common questions related to this topic. Let's try to give as detailed an answer as possible.

What is temporary registration

This is a registration at the place of actual residence of a person in a rented apartment, private house, guest house, hostel, etc., issued for a period of 3 months to 5 years. It does not cancel the permanent stamp in a civil passport.

When a person is registered in a living space for a short period, he is provided with a special certificate. It is valid when presented together with an identification document.

When the registration expires, it is automatically canceled except in cases provided for by the current legislation of the Russian Federation. If necessary, registration can be extended.

What rights does the owner have?

By registering strangers in his living space, the owner does not lose his prerogatives. He can:

enter into purchase and sale transactions, exchange, donation;
bequeath real estate;
terminate the lease agreement early if the tenants violate the terms of the agreement;
apply for bank loans secured by an apartment.

The owner has the right to terminate temporary registration earlier than the period specified in the certificate, if there are compelling reasons - non-payment of rent, housing and communal services, etc.

Rights of the registered

Citizens who have registered for a short period of time have the opportunity to live in real estate and use it. They cannot own or dispose of property.

Tenants receive prerogatives:

register in the living space minors who are closely related to them;
take out loans from a bank, indicating your residential address in the application form;
change the finish;
sublease premises if the owner gives consent to this;
receive benefits, pensions, benefits, etc.

Citizens register for housing in order to:

apply for a job;
register children in kindergarten, school;
receive medical care.

Persons with registration for a period of 3 months to 5 years do not have the right to:

register relatives in the living space with the exception of children;
pledge property against a bank loan;
enter into purchase and sale transactions, exchange, donation;
bequeath real estate.

Disadvantages of living in Moscow

But in addition to all the seemingly obvious advantages of such registration, you need to understand that life in Moscow itself is expensive, and therefore there are some disadvantages:

high cost of compulsory motor liability insurance, here it is the highest in all of Russia;
expensive property taxes;
constant queues in government offices;
traffic jams;
crush in the subway (but most people get used to it).

Life in the area

Of course, regional registration is also appreciated. Although life here is freer, the cost of housing is noticeably lower, but social benefits, allowances and other purely Moscow delights are not provided for the region. But there are still a number of benefits and amenities. For example:

upon the birth of a child or several – payments;
for people up to retirement age the opportunity to find a job in Moscow without problems (state and law enforcement agencies);
get a foreign passport faster;
the opportunity to take part in voting;
organize your own business;
loans and mortgages will be approved.

What are the risks and dangers of such registration?

An owner who temporarily accommodates citizens in his apartment may experience unpleasant consequences. In particular, even after the end of its term, it is difficult to evict citizens of preferential categories from real estate.

Outsider

An owner who has provided his property for use to third parties may have problems:

causing damage to decoration, furniture;
organization in the hostel premises, etc.;
refusal to perform routine repairs;
quarrels, disputes with neighbors;
litigation;
visits from collectors due to late payment of loans;
committing crimes in an apartment;
late payment of rent;
delays in utility bills.

The owner must understand that tenants may turn out to be dishonest people. There is a risk of non-compliance with order, regular drinking of alcoholic beverages, rowdy behavior, organization of brothels, etc.

Registration is not affected by people's nationality. A foreign citizen does not have advantages over other residents, but in this case there is a possibility that registration is issued by one person, and there are several people in the apartment.

Minor

Registration of children at the parents' residence address is carried out without the consent of the owners. Discharge of persons under 18 years of age is carried out if mom or dad approved the procedure and if there is a new apartment, the conditions in which are no worse than in the previous version.

The owner does not have the right to remove minor citizens from the register until the end of the lease period. The registration of children can only be canceled through court proceedings.

An owner who has rented out an apartment to a family with children has problems selling the apartment. He does not have the right to carry out the procedure without the consent of the guardianship and trusteeship authorities if minors are registered in the property.

If a family does not have regular housing, the sale of property will be delayed indefinitely. In such a situation, tenants use real estate until a suitable house or apartment is found.

Serviceman

Defenders of the Motherland can apply for temporary registration at their place of residence if they have a travel certificate or vacation ticket. If a citizen serves under a contract, registration is carried out as usual.

It is registered for the entire period of validity of the contract. Until its end, the owner can evict the military man only through court proceedings. This is another dangerous moment for the property owner, since the tenant may turn out to be unreliable.

The owner who provided housing to conscripts evading the army is also having problems. Citizens regularly receive summonses to their temporary registration address.

The apartment is visited by persons responsible for recruiting the ranks of the armed forces of the Russian Federation, which creates inconvenience for the owner, especially if the draft dodger has moved out of the property.

Pregnant women

There is also a pitfall when providing housing for rent to a girl. There is a risk that after the agreement is concluded, she will become pregnant and give birth. In this case, the woman has the right to register a child in the apartment without the consent of the owner.

This is fraught with the impossibility of eviction of a young mother with a minor without a court decision. The owner will not be able to sell the property without the approval of the guardianship authorities. Such problems also arise when registering a pregnant woman’s living space.

Payment for housing services

Registration of strangers on the territory of your home can increase the cost of utility bills, which many landlords are afraid of.

According to Art. 30 of the Housing Code of the Russian Federation, the obligation of the property owner is to maintain his home, except for the circumstances specified in the Federal Law or an agreement with a service company.

If the apartment does not have meters and additional residents move in, payments for electricity, gas and water may increase.

These costs also increase automatically due to the fact that more people use household services.

All other indicators do not affect housing and communal services payments. The homeowner can agree with the tenant to reimburse part of the utilities.

Important: if the tenant or other person legally residing in the house has agreed with the owner on the payment of housing and communal services expenses at the expense of the tenant, this fact should be indicated in the agreement. Otherwise, the apartment owner will not be able to legally demand compensation for payments.

How to evict a temporarily registered person

When your registration expires, it is canceled automatically. In this case, no action is required from either the tenant or the owner of the premises.

For pensioners

Often pensioners strive to live in Moscow, since compared to some regions of the country, Moscow has a really good pension and cannot be less than 15 thousand rubles.

But such a right is given by permanent registration; in order to receive a pension with such an established standard, the pensioner must have registration of residence in the capital for at least a 10-year period.

Temporary registration with the same minimum period of residence is also suitable.

Advantages of registration for pensioners

For recently registered pensioners in Moscow, such a pension will not be available, but registration must provide the following advantages:

financial compensation for using landline telephone services;
free travel on urban modes of transport except minibuses (or compensation payments);
by registering a pensioner, he will be able to apply for a subsidy for housing and communal services;
if a pensioner has data that confirms the need for treatment, he will be able to receive annual vouchers for a sanatorium-resort holiday;
social services by competent organizations;

The size of pensions of Moscow pensioners (data for 2021)

poor and needy elderly citizens have access to necessary food products;
partial compensation for the installation of dentures (except for precious metals and metal-ceramics);
free treatment and purchase of health insurance.

In addition to the options listed, in some cases there may be other monetary payments. Children can also receive various benefits.

How to protect yourself?

To minimize possible risks, you need to:

Register for a short period of time. This will allow you to see whether the residents are complying with the agreement, order in the apartment, etc. If no violations are found, the registration can be extended.
Make sure that the registration period for parents and children coincides.
Provide housing for rent to citizens who own real estate.
Indicate specific deadlines for temporary registration.

If you take these nuances into account, this will make it possible to avoid problems with eviction of unreliable tenants.

Additional assessment of personal income tax (NDFL)

First of all, the homeowner may face the problem of additional assessment of personal income tax.

In accordance with tax legislation, the calculation and payment of personal income tax is carried out by individuals, including based on the amount of remuneration based on concluded rental agreements

or lease agreements for any property.

Since one of the documents required for temporary registration is a document that is the basis for a citizen’s temporary residence in a residential premises (for example, a rental agreement), it can serve as a sufficient basis for charging tax.

Temporary registration in itself is not absolute proof of a tenancy agreement, but in theory it could be of interest to the tax authorities. 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 penalties

Fines for lack of registration

Current legislation obliges citizens to register at their current address if a person lives in an apartment or house for more than 90 days. In 2021, for violation of the rules of registration on the territory of the Russian Federation at the place of residence, liability is provided under Article 19.15.2 of the Code of Administrative Offenses of the Russian Federation, introduced by Federal Law No. 736-FZ of December 21, 2013. Citizens are given a monetary penalty. The amount depends on the city in which the registration procedure and the status of the person are not followed.

The following amounts are established for regions:

citizens - 2000-3000 rubles;
owners - 2000-5000 rubles;
officials - 25,000-50,000 rubles;
enterprises – 250,000-750,000 rub.

In Moscow and St. Petersburg the following fines are issued:

citizens - 3000-3000 rubles;
owners - 5000-7000 rubles;
officials - 30,000-50,000 rubles;
enterprises – 300,000-800,000 rub.

If the tenant or property owner violated the registration deadlines or provided incorrect information during the procedure, he will be held accountable under paragraphs 3.4 of Article 19.15.2. A fine is imposed.

Recovery amount:

citizens - 2000-3000 rubles. for regions, 3000-5000 rub. in Moscow, St. Petersburg;
legal entities - 4000-7000 rub. for the periphery, 7000-10000 rub. in Stolitsa, St. Petersburg.

Tenants are not held accountable for violating registration rules if they rent housing from a close relative. Owners are not subject to a monetary penalty for failure to meet deadlines if the tenant has a residence permit in another premises in the same locality where he rents the premises.

Temporary registration is a dangerous procedure. It can threaten the owner with problems with the eviction of citizens and the sale of real estate. Only by comparing all the pros and cons can you decide on the advisability of providing the property for rent.

It is important to know

You need to understand that Moscow is one region, and even if you have a residence permit in the Moscow region or in any district of Moscow, you still have the same rights, duties, and responsibilities as other residents of the capital.

Registration in the Moscow region

Utility tariffs may vary. For those registering in Moscow itself, they can be somewhat cheaper, since everything in the city is regulated by the Moscow authorities, and already in the Moscow region there are commercial companies that are interested in maximum profits, so the tariffs there are usually somewhat higher. Otherwise, the difference, by and large, will only be in the passport.