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Published: 10/02/2017
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Russian legislation obliges citizens to register at their place of residence, provided they live at an address other than their registration for 90 days.
- Renting residential premises under a contract Is it possible to rent out housing without registering a person in the apartment
Moreover, a citizen can register both in the apartment of relatives and friends, and in rented housing.
What is this?
Temporary registration, which is often called temporary registration according to Soviet habit, is registration at the place of stay . This is a way for the state to track the movements of citizens. Obligation to notify appropriate authorities about their current place of residence is prescribed by law. The basis for this may be living in a new place for more than 90 days.
Important : registration of a temporary one does not deprive a citizen of his permanent registration, but only informs the state about his current location.
When registering as a citizen of the Russian Federation, the situation is completely different
There are no risks - there are responsibilities. The owner must first contact the EIRC to add the tenant to the financial and personal account. The owner will be charged rent, and only after that the Federal Migration Service will issue the owner with a registration notice about temporary registration as a citizen of the Russian Federation. The owner bears the only risk associated with notifying him in the event of the death of his tenant, a citizen of the Russian Federation. The landlord does not bear the risk of any other incidents with the registered tenant, since he is a Russian citizen and bears full responsibility for himself under the legislation of the Russian Federation.
We make a decision
People who have permanent registration in the city of residence can afford it and limit themselves to it. Visitors are forced to contact the landlord with a request to obtain temporary registration. Let's weigh the pros and cons.
Behind
- Decoration gives a competitive advantage in the rental market: such an apartment will be rented faster and more willingly, perhaps even a little more expensive.
- This service will increase the loyalty of residents towards the apartment owner: having registered at their place of residence, they are likely to settle for a long time.
- Properly executed documents affect the social well-being of residents: more employment opportunities, guaranteed medical care in the district clinic, places in a school near their home. All this reduces the likelihood of leaving due to job loss, illness or domestic problems.
- If the tenants caused damage to the landlord's property, caused a flood or fire, the presence of official registration will become proof of their residence in the apartment and will help to recover damages through the court. One apartment rental agreement is often not enough for this.
Against
- If one of the residents commits a crime, law enforcement agencies will look for him at his place of registration, which will create inconvenience for the apartment owner.
- If the tenant has debts, then bailiffs will come to the apartment and inventory the property, including that belonging to the owner of the property.
- The appearance of new tenants in an apartment may attract the attention of the tax service, which will create problems for the owner if he does not submit returns and does not pay taxes. Read more about responsibility here.
- Utility bills will increase - slightly if the apartment has meters. If there are no meters and payments are calculated based on the number of residents, then the increase in rent will be significant.
Risks associated with registration of foreign citizens
When registering foreigners and citizens of the CIS (term of the law: “migration registration of citizens”), the risks are as follows:
- Having registered a foreigner (CIS citizen) in his apartment, the owner is also responsible for deregistering him upon departure from Moscow within two days. It is necessary to send by mail the original of the tear-off part of the registration notice with which the foreigner stayed in Moscow to the Federal Migration Service at the location of the apartment. If the owner does not deregister the foreigner, there is a risk that the Federal Migration Service will impose a fine on him in the amount of 2,000 to 5,000 rubles. Practice shows that a fine is imposed extremely rarely, only when this requirement is regularly violated, for example, when during the year the owner registered a foreigner 20-30 times and never deregistered him upon departure.
- The owner of the property is the only contact person if any problems arise with a foreigner. For example, if a foreigner got into an accident, was hospitalized, was arrested - in this case, first of all, government authorities will contact the owner of the apartment and then, depending on the incident that arose with the foreigner: they may ask the owner of the apartment to come pick up the foreigner (for example, from police), in other cases they can simply inform that the foreigner is in a specific hospital, morgue, etc.
Instructions on how to do it right
Help : registration is possible remotely, for example, through the government services website or by post.
1. Prepare the necessary documents:
- landlord's passport;
- documents on ownership of the apartment;
- rental agreement or apartment rental agreement;
- application for registration at the place of residence;
- written consent to move in from all apartment owners, notarized or certified by the employee accepting the documents;
- tenant's passport.
2. Contact the MFC or management company if it performs the functions of a passport office.
3. Receive a receipt for documents acceptance.
4. After three working days, receive a certificate of registration at the place of residence.
What problems you need to know about: expert commentary
Galina Tkach, director of the rental department at IntermarkSavills: Our agency advises clients on the registration process, preparation of necessary documents, location and opening hours of registration authorities. As a rule, those owners who do not pay taxes , and this is typical for apartments on a small budget. In the business and luxury real estate segment, everything is much more transparent and simpler. Registration does not in any way affect the amount of rent; it only increases the payment of utility bills and requires payment of a state fee. As a rule, all additional costs associated with registration are paid by the client. A necessary visit to the passport office may be an inconvenience for the owner. In such cases, the owner prefers to give a power of attorney to his representative. When registering tenants, apartment owners may have some problems.
Is it easy to cancel later?
Temporary registration terminates automatically upon expiration of the period and does not require additional actions from either the tenant or the apartment owner.
To terminate it ahead of schedule, the owner of the residential premises must personally or through the government services website submit an application for the tenant’s departure.
The deregistration period will be 3 working days.
Who can demand an extension and create problems?
The law allows the deadline to be extended for the following categories of citizens:
- pregnant women;
- disabled people;
- minors.
The nuance is that an employer with temporary registration can independently register his own minor children. If a parent's registration has expired and the child is still enrolled, the parent has the right to re-register. However, the owner can legally evict both the tenant and his children with the official termination of registration.
Advice : temporary registration should be issued for the shortest possible period, extending as necessary.
Rights of a temporarily registered resident
Temporarily registered persons have a number of rights:
- such a tenant has every right to be in residential real estate;
- the ability to register your minor offspring at a temporary address without anyone’s consent.
There is no need to worry that registration will provide a share in real estate. Even if it is not privatized, such a right will not arise.
The tenant of municipal housing has the opportunity to accommodate temporary residents, knowingly informing the landlord.
The maximum period of stay for temporary residents is set at six months.
At the end of this period, residents must vacate the premises in no more than seven calendar days.
Obligations arising from the owner when renting out an apartment
The owner of the apartment is obliged to provide tenants with the full range of utilities
Is it worth temporary registration for tenants? It is important to formally document the relationship between the landlord and the tenant by concluding a rental agreement. This will prevent problems associated with the use of real estate and help eliminate possible disputes.
The main responsibility of the property owner is to provide the property in a condition suitable for habitation. In addition, he must ensure the provision of utilities and carry out major repairs.
You cannot change the payment amount unilaterally unless it is specified in the contract.
It is important to know that if the specified document does not specify a term, then it is automatically concluded for five years.
If the landlord receives income from renting out real estate, he is required to pay a tax to the state in the amount of thirteen percent.
In addition, for receiving profit, the owner must submit a declaration to the tax office within the period from January 1 to April 30.
Rent amount
An increase in the amount of utility bills during temporary registration is determined only by the presence of individual water, gas and electricity meters. If there are no meters, then the calculation is made in accordance with the standards, which are multiplied by the number of residents registered in a given residential area.
The following categories are not tied to the number of people living in the apartment:
- payment for heat energy;
- housing maintenance;
- waste removal and disposal.
The cost of these services is calculated from the total area of the housing. If the apartment is equipped with metering devices, then the increase in rent will depend only on the meter readings.
To avoid misunderstandings, payment issues must be discussed with residents in advance, since temporary registration and utility payments are directly related to each other.
When the owner’s consent for temporary registration is not required
In practice, cases arise when temporary or permanent registration is carried out without the approval of the property owner. Art. 20 of the Civil Code of the Russian Federation stipulates that a minor cannot be registered separately from his parents (legal representatives) until he reaches the age of 14 years.
In this case, the opinions of the following persons are not taken into account:
- Owner;
- The tenant, if the property is not privately owned;
- Members of the board of a housing cooperative.
Providing temporary registration has pitfalls in the form of the possibility of registering a minor.
Is it possible to sell a home with a registered person?
It is possible to sell your home with such an encumbrance, but more in theory. In practice, few people will agree to purchase an apartment with a “makeweight”. Then the new owners will have to share their squares with a stranger who has every right to live there.
But there is a way out for the seller - contacting special agencies that work with problem real estate. They buy such housing at reduced prices, almost half the price of their real value, or they find a suitable buyer and charge up to 50% of the transaction for services.
Therefore, when purchasing an apartment or house, you should always ask to see an extract from the house register. If you happen to find yourself in such an unpleasant situation, then they act differently:
- file a lawsuit and forcibly deregister unnecessary persons;
- they go to court with a demand to declare the transaction invalid, since the agreement did not stipulate the presence of temporarily registered persons in the apartment.
