How to discharge a temporarily registered person without his consent

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If you spend a long time in a city where a person does not have a permanent residence permit, it becomes necessary to obtain temporary registration. This is given as much as 90 days, subject to permanent registration. People come and go, make temporary registration, but what should a homeowner do if for some reason it is impossible to obtain consent to check out, and the temporary registration needs to be canceled ahead of schedule?

Grounds for discharge without consent

In addition to the quite obvious reason for the expiration of the registration period, at which the registration is canceled automatically, there are several other reasons for completely legally depriving a tenant of a temporary registration:

• The tenant does not live in the apartment . He could move to another home, leave the city, or even go to another country. If a person does not return home to his permanent residence address and remains on the territory of the Russian Federation, he will still be required to register temporarily at a new address within 90 days. In this case, the previous temporary registration is canceled automatically. However, if a person did not register (violated the law), returned home (at the place of permanent registration) or left the country altogether, then based on the fact that the tenant does not actually live in the apartment, he can be deprived of such temporary registration.
• The tenant does not fulfill his obligations . Most often, temporary registration is issued to the person who enters into an apartment rental agreement. This document almost always specifies the obligation to pay the rent on time, as well as pay utility bills. The amount and features may differ slightly, in this case it is not important. If the tenant does not fulfill his obligations, he can be deprived of temporary registration. It should be remembered that you do not need to react immediately, but after about 3-4 months. A shorter period is still acceptable (problems with money, work, and so on), but if non-payment becomes regular and no attempts are made to correct the situation, then you can go to court.
• The tenant is using the apartment for other purposes . Some people use their home for work. For example, they set up a warehouse for finished products there, turn it into a confectionery shop, and so on. All this is the use of housing for other purposes. As a result, if you prove the fact of such misuse of an apartment, you can deprive residents/tenants of their temporary registration.
• The tenant has lost the right to use the property . This is most often true for young married couples. They quickly enter into a marriage and just as quickly dissolve it. Often permanent registration is not issued - only temporary.

Example : Young people, in a fit of passion, signed at the registry office and moved in together. They began to live in his wife’s apartment. Only temporary registration was issued. After some time, the couple decided to divorce. The ex-husband left the premises, but did not check out. It can be written out forcibly (without consent) on the basis of a divorce certificate.

• The tenant violates public order and legislation . Some tenants are very noisy, regularly organize parties, do not respond to comments from the owner, neighbors, and so on. If it can be proven that such violations are not special cases, but regular events, then such a tenant can be discharged from the apartment, depriving him of temporary registration.

Regardless of the situation, you always need to collect evidence. The court will not accommodate the applicant halfway solely on the basis of what he says. You will have to confirm your words. This could be audio or video recordings, testimony from neighboring witnesses, photographs, account statements, and so on.

One or two

The law of the Russian Federation states that citizens must have a residence permit. Be it temporary or permanent. But how many of them you will have is your business. There are no prohibitions on this matter. This means that there is no strict need to be discharged from the previous place of residence.

You just can’t have 2 temporary or 2 permanent residence permits. In order to register again, you will need to check out from your previous place of residence.

Procedure

Whatever the basis for discharging a temporarily registered person ahead of schedule without his consent, you will still have to go to court. It will not be possible to solve the problem with a simple statement of departure from the place of residence sent to the MFC, passport office, Ministry of Internal Affairs, and so on. A court decision is always required. Without it, all that remains is to wait for the expiration of the temporary registration.

If the validity period is not specified, then the registration is considered to remain valid for 5 years from the date of registration.

Rules

Temporary registration in an apartment occupied by social rent has some restrictions. Thus, the period of validity of such registration cannot be valid for more than six months in a row. It is also worth taking into account the Housing Code of the Russian Federation, which meters should be per person. All rules must be followed. Registration is possible only with the consent of the owner.

Discharge procedure

You can discharge a tenant with temporary registration early as follows:

1. Collect evidence.
2. Prepare documents for the court.
3. File a claim.
4. Submit an application to the court.
5. Pay the state fee.
6. Wait for the meeting.
7. Get a court decision.
8. Wait for the decision to take effect.
9. With a valid decision, contact the MFC (My Documents) or the passport office in order to discharge a temporarily registered person.
10. Receive documents confirming the fact of discharge.

✅ Deadlines

The period for processing documents for an extract is 3 working days. Submitting an electronic application through State Services is also designed for a three-day period. The applicant must personally visit the department of the Main Department of Migration Affairs of the Ministry of Internal Affairs, provide the original passport and it will be stamped.

But in practice, everything is much faster - checkout during temporary registration takes 10-15 minutes. After receiving the documents, the migration authority inspector fills out the departure sheet and puts a stamp on deregistration. Moreover, the marks are placed on the departure sheet - a stamp in the passport is needed only when changing permanent registration.

Check-out from a hotel, hotel or medical facility occurs at the visitor registration desk. The duty officers or receptionists are considered responsible for paperwork. Departing travelers receive a deregistration note on the day of departure.

Statement of claim for the discharge of a person with temporary registration without his consent

The most important point in this case is the statement of claim. This document must contain all the information on the essence of the application, but without unnecessary data - only facts supported by evidence. It is not recommended to include speculation or unverified/unconfirmed information in this document. The court will not take them into account anyway, and the very fact of the presence of such information may work against the plaintiff.

Contents of the claim

This document must contain the following information:

• Name of the court where the application is sent.
• Details of the applicant, respondent and representative (if required).
• General information on the essence of the appeal.
• Evidence of the plaintiff’s innocence with links to attached documents.
• Requirements for the defendant.
• Attached papers.
• Signature and date.

Sample claim

How to do it ahead of schedule

If a citizen has a need to leave his place of stay ahead of time, he must inform the employees of one of the departments about this:

• MFC;
• regional division of the migration service;
• passport office at the housing office.

It is better to apply personally to the Federal Migration Service, but it is also possible through the above organizations. They will send the necessary request to the migration service. As a rule, such a procedure does not have complications and the response received will be positive.

The law does not provide for refusal of early termination of temporary registration!

Of the documents, the person being issued will need only a passport, a certificate of registration and a statement written in free form, which sets out the essence of the request.

It is better to format such a document as follows:

• in the upper right corner of the application indicate the name of the unit and its address;
• Below is the full last name, first name, and patronymic. The name of the document is written in the middle;
• the text of the application indicates the address of the temporary registration, what date it was made and for what time period. Then there is a request to cancel your registration from a certain date;
• Place a date and signature below.

If a child under 14 years of age is being discharged, the parents must additionally bring a registration and birth certificate. The application on behalf of the child is filled out by the father or mother, as his representatives.

Of course, it is advisable to warn the owner of your intention to leave the property. But if the situation is urgent and it is not possible to notify, then this will not affect the cancellation of registration in any way.

After receiving the application, the Federal Migration Service has 3 days to remove the citizen from registration.

If the person being discharged applies through the State Services portal, he will need to appear in person within 3 days after receiving the notification. Because it will be necessary to show the original passport and put a personal signature on the application. After 15 minutes, the citizen receives a departure slip.

Cancellation of temporary registration is a free procedure and there is no need to pay a state fee for it.

The owner of the property can also apply for termination of temporary registration. To do this, he needs to submit an application to one of the organizations that deals with migration registration.

Such a document indicates in any form a request to deregister a citizen temporarily residing on the territory of the owner.

In addition to your application, you must bring your passport and title to your home.

Like a temporarily registered one, the owner will also not have to pay a state fee. The paperwork process will take 3 days.

In this case, the presence of the second party during deregistration is not necessary.

During the cancellation of temporary registration, the registration service employee draws up a departure slip and puts on it the entry: “Canceled.” And in the accounting journal, opposite the name of the retiree, such an entry is also made.

Compensation upon dismissal for pensioners - what can you expect?

In 2021, there were changes in the calculation of old-age insurance pensions. You can learn more about this from our article.

For work experience of more than 35 years, a pensioner is entitled to an additional payment. You can find out how it is calculated here.

Documentation

When filing a claim, you must prepare and attach the following documents to the claim:

• Applicant's passport.
• Documents for housing (sale and purchase agreement, donation, privatization, etc.).
• Confirmation of the fact that utility bills have not been paid.
• Extract from the house register.
• Certificate of divorce (if one of the spouses needs to be registered).
• Evidence that the apartment owner is right: witness statements, video or audio materials, photographs and any other documents.

✅ Registration deadlines

The period of validity of temporary registration depends on specific circumstances. The length of stay in another region is usually agreed upon with the owner of the apartment.

So, according to Art. 683 of the Civil Code of the Russian Federation, the maximum period of temporary registration is 5 years. The specified period can be specified in the residential rental agreement. If there is no term, then the contract is considered to be concluded for a period of 5 years.

The question arises: is it possible to extend the period of temporary stay? Of course you can, but not automatically. The time period is extended by concluding a new rental agreement for residential premises. Compared to permanent registration, temporary registration limits the tenant’s rights to the apartment. Simply put, this is residence, but not ownership of rights to living space.

Price

The eviction itself is free, but when going to court you will have to pay a state fee. Its size is 300 rubles. In addition, if the plaintiff plans to act through a representative, he will also need to issue a power of attorney, the cost of which already varies from 2 to 5 thousand rubles (depending on the region and many other factors).

It is quite difficult to discharge a temporarily registered person without his consent. The main problem is to collect evidence that the applicant really has all the necessary grounds for this. At a free consultation, lawyers will tell you how, what and in what order it is best to do in order to achieve your goal. They can also act as representatives of the client in court, which, as practice shows, significantly increases the chances of approval of the claim.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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✅ “Question/Answer” section

I bought an apartment, and as it turned out, an Armenian citizen was temporarily registered there. The former owner cannot contact him. I need to sell my apartment now. Please tell me how to discharge this citizen?

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

Firstly, such points are discussed BEFORE signing the apartment purchase and sale agreement. The duty of the former owner is to deregister persons previously registered in the apartment. The question arises, were you aware of this encumbrance? If not, you have the right to challenge the policy in court. If you knew, then you made a deal with the seller. Then the issue of deregistering a temporarily registered citizen of Armenia falls on your shoulders.

To solve the problem, it is not necessary to look for the departed tenant. It is enough to contact the MFC or the Department of Internal Affairs of the Ministry of Internal Affairs with an application to deregister unauthorized persons ahead of schedule (due to departure). True, they may refuse such an action. Then you go to court with a claim for forced deregistration. The basis will be the transfer of ownership of the apartment - clause 2 of Art. 292 of the Civil Code of the Russian Federation. The courts make positive decisions in such cases. Then you take a writ of execution from the court, go to the MFC, the Department of Internal Affairs of the Ministry of Internal Affairs or the “passport office”, where the resident’s temporary registration is canceled.

We rented the apartment to a family from Uzbekistan. They are asking for temporary registration. They have children. Is it true that temporary registration for children can be extended without the consent of me, the owner of the apartment?

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

Yes, but we are not talking about an extension. If you issue a temporary registration for a mother and father, and they have children, the parents will be able to temporarily register their children in a residential building without the consent of the owner . According to the law, children must live with their parents - by virtue of Art. 20 Civil Code of the Russian Federation. At the same time, housing and utility costs will automatically increase. If you register (even temporarily) the whole family, get ready for increased costs for electricity, water, gas supply and other lines in receipts. If you are going to provide them with temporary registration, enter into a rental agreement for residential premises. There you can specify the amount and procedure for payment of utility bills by residents (up to 100%).

Is it possible to register a temporarily registered person before inheriting an apartment?

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

No. Until the heir registers ownership in Rosreestr, he will not be able to dispose of the property. The owner is still listed as deceased. The heir needs to obtain a certificate of inheritance. On this basis, he registers ownership of the apartment or share in the apartment. Then you can dispose of it at your own discretion, including selling it. Of course, this also includes the cancellation of a person’s temporary registration. Moreover, if such a tenant wants, he can terminate his temporary registration early - to do this, he needs to visit the OVM or MFC and write a corresponding application.

Do I need to be discharged to register temporarily?

The answer to this question depends on many factors. If a person has a permanent residence permit, he can apply for temporary registration without leaving his main apartment. At the same time, if there is one temporary registration, then when a temporary registration is issued in another apartment, the previous registration will be canceled.

At the same time, if a person has only temporary registration, its validity period has not yet expired, but the tenant has purchased his own apartment and issued a permanent registration for himself, then it is already necessary to remove the temporary registration that was previously in force. Formally, it does not bother anyone, but if the owner sells the apartment that the tenant previously rented, then the question will arise regarding the presence of a registered (albeit temporarily) outsider. The problem can be serious, so it is recommended to resolve it in advance.

If the registration period is coming to an end, then there is little point in checking out. It will be easier to wait until the target date arrives and the temporary registration is cancelled.