Deadlines for deregistration from an apartment: through government services, MFC, passport office or court

The state monitors the movements of its citizens, and in this it is facilitated by such a tool as recording the place of residence.

What was called propiska in Soviet times, and now registration, is regulated by the provisions of Russian legislation.

According to them, when selling an apartment, the former owner and all his household members must check out of it and then register at their new place of residence.

Through MFC

“My Documents” are favorites among those who are contacted to deregister. Although it will not be possible to receive the service in the shortest possible time, since the MFC is in contact with departments and is an intermediary.

To reduce the period of time spent on deregistration, it is worth making an appointment in advance at the center branch in your area of residence. This can be done through an operator, by calling the hotline, or by contacting employees directly. Contacts are freely available on the official website of the MFC.

Within 3 working days, after submitting the required package of documents, the application is reviewed, and the entire procedure can take up to 8 days. There is no exact deadline; it all depends on how quickly the departments react.

If deregistration occurs from another region or subject of the Russian Federation, then the period for deregistration can last up to 3 months.

✅ Legal assistance

When leaving an apartment, citizens should be aware of their rights regarding deadlines. As practice shows, many people do not know about the time of deregistration. This is successfully used by registrars, who can delay the registration for a period longer than usual. All this affects the personal time and nerves of residents.

A free consultation from our lawyers is aimed at providing legal assistance on housing issues.
By asking a question, you will receive a detailed answer within a few minutes. Lawyers will advise what to do if the deadline for discharge is delayed. Specialists in the field of housing law will explain to you all the intricacies of paperwork. If the need arises, we will help you file a complaint about the inaction of the employees of the Department of Internal Affairs of the Ministry of Internal Affairs. Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

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Directly through the passport office

Another option for deregistration is the passport office. By contacting specialists yourself, the time frame will be minimized.

We advise: How to discharge a deceased person from an apartment?

The timing is affected by the design option, you can choose it:

Deregistration without further registration. This procedure takes from 3 to 7 days. It is worth remembering that in the future you will have to spend additional time on a new registration.
Extract and registration in one moment. Up to 14 days. In rare cases, it may be slightly increased. This is due to the fact that government employees need to send a request to a neighboring department. Sometimes it can be located at an impressive distance.

Fines for violation of registration deadlines

In Art. 19.15.2 of the Code of Administrative Offenses of the Russian Federation talks about the fines that await those who violate the registration deadlines.

If a person does not register at his new place of residence, he pays a fine in the amount of 3-5 thousand rubles, depending on the city where he lives. In both capitals the fines are the highest.

Fines will also be imposed on those individuals who have placed unregistered tenants in their housing. Here the amount is up to 7 thousand rubles. As for legal entities, fines for them are much larger and can reach 800 thousand rubles.

The new owners of the apartment have the legal right to move into their new home and register there, knowing that the previous owners have completely checked out of there, and no one will fall on their heads, making claims and shaking their passport with registration in this apartment.

If something like this suddenly happens, then it is the citizen who has not registered who will be legally responsible for violating the registration rules. He no longer has any rights to the sold apartment.

When selling an apartment, the owner and his entire family living with him are required to register on time using any of the methods provided by the state.

Through a representative

Most often, citizens independently contact the migration service to deregister. There are times when it is not possible to visit the department in person (business trip, rotational work) and you have to use the services of an intermediary.

The representative acts on the basis of a notarized power of attorney. Everything is according to the law.

If the intermediary contacts the MFC, the processing time for the application will be 3 days, and check-out from the apartment will take 14 days. Before resorting to this method, it is worth clarifying whether the registration authority operates under a power of attorney.

[vote2x id=»1398″ align=»center»] We advise: Is it possible to check out of an apartment by proxy?

How long does it take to check out of an apartment?

In paragraph 2 of Art. 292 of the Civil Code of the Russian Federation clearly states that when the owner of the living space changes, the registration in the sold apartment of everyone who is registered there must be canceled .

This applies to both children and those who did not actually live here, but were registered. The former owner of the sold apartment is obliged to completely vacate it both from his presence and from all his belongings.

The deregistration procedure seems complicated to many people and frightens them with bureaucratic delays, but in fact it is not at all labor-intensive and can be done in different ways:

application to the passport office at the place of registration – processing time is 3-6 days, in some cases it can be extended to 14 days;
extract through the State Services website on the Internet – review period is 3 days;
extract through the Multifunctional Center (MFC) – review period is 3 days;
discharge through a court decision, in the event that a person registered in an apartment, but not living there, needs to be discharged without his knowledge - the consideration period is 1-2 months.

Through the State Services website

If there are no debts to pay for utilities, the easiest way to deregister is through the State Services website.
IMPORTANT !
To use the portal's capabilities, you must be authorized there. Since the presence of a house register is required when deregistrating, it will not be possible to check out of an apartment building through the portal if there is no extract from it. If a person is authorized on the site and has all the necessary documents, including an extract from the house register, then, following the step-by-step instructions, he can carry out the entire procedure without leaving home.

When entering personal data, the system itself generates an application.
If all the data is correct, the citizen will receive a notification about when and where to come with the passport to receive documentary evidence of the discharge. IMPORTANT ! All this is done on the portal for free.

Through the passport office or MFC

If the person being discharged wants to go to the passport office, he must provide:

a document proving his identity;
a document confirming his ownership of the apartment;
application requesting termination of registration;
a certificate from the house register or house register (in case of sale of a private house);
departure address sheet.

The passport office may also ask for receipts for utility bills.

At the MFC, the application is reviewed by representatives of the Migration Service . When applying in person, you need the same documents as at the passport office, and when applying remotely, you also need a notarized power of attorney for the person who will represent the person signing out. The extract itself is free, but you will need to pay for notary services.

Based on Art. 314 of the Civil Code of the Russian Federation, the former owner and everyone registered in the sold apartment must check out after the sale within a “reasonable” time. That is, the exact period is not legally defined.

Practice shows that the most convenient period is two weeks , during which you can safely discharge all registered persons from their former apartment. However, this period should not last more than a month, otherwise the new owners may make claims, even going to court.

Discharge of a minor

The period for deregistration from an apartment for a citizen whose age has not reached 18 years depends on the ownership of the premises (municipal or private). An important factor is whether the child who has undergone the deregistration process has ownership rights to the property.

To discharge a minor child, parents or legal representatives will need permission from the relevant authorities (guardianship and guardianship). The state gives time to consider the application - 14 days.

Having received consent, the parent must contact the Migration Department for a document reflecting the fact of leaving the residential premises. The deregistration process will take 3 days and the same amount of time will be required for registration in the new apartment.

We recommend: Features of checking out of an apartment through the Multifunctional Center

The period will be reduced by 14 days if the apartment has privatized status and the child does not have ownership rights to it. In this case, there is no need to contact state guardianship authorities.

Special cases of discharge

Discharge of the deceased

To discharge the deceased from the apartment, you need to contact the nearest MFC with documents. There is no specific time range when you need to submit documents for the discharge of a deceased person, but you should not delay this, because... rent will be charged on it and this will be an encumbrance upon the sale of the property. The procedure for discharging a deceased person is simple. First you need to obtain a document - a death certificate.

And with this document you can go to the MFC and write an application to deregister the deceased.

In the event that it is necessary to discharge a person who has disappeared for a long time, he can only be declared dead through a court. You can submit an application immediately after circumstances that could lead to the death of a citizen or his absence for 5 years (for participants in hostilities the period is shorter - 2 years). After studying all the facts, the court decides to declare the person dead. And with the court’s decision, you can go and discharge the person. The date of entry into force of the court decision will be considered the day of death. If the person turns out to be alive, then he retains all rights of ownership of the property.

Discharge of a minor

If a minor child has not yet received a passport, then upon discharge you must present a birth certificate and provide a written statement from the guardianship and trusteeship authorities indicating the new address of residence. If parents live at different addresses, then do not forget the written consent of one of them.

It is impossible to discharge a minor child without further registration at a new place. Therefore, if such a procedure is necessary, it is necessary to indicate the address of future registration. At least one of the parents must register with the child.

Extract "to nowhere"

Let's consider two situations of deregistration from an apartment without further registration in another. There are no obstacles to discharging an adult citizen “to nowhere.” When submitting an application, you are required to indicate the address where citizens are leaving - it can be specified arbitrarily, there are no sanctions for this. You can write “to nowhere”:

if you urgently need to sell an apartment;
if a person must be discharged by court decision;
if a person is serving a prison sentence.

But it is impossible to discharge a child under 18 years of age “to nowhere.” This is monitored by the guardianship and trusteeship department, and no specialist will risk discharging the child without their consent in writing. Even if the apartment is sold, if the child is not registered at a new address within the established time frame, the extract will be canceled, and the state registration of the right to real estate will lose its legal force.

Extract remotely when you are in another city

If a situation occurs that a person first left the city and then decided to be discharged, then he can also be discharged through the MFC. This procedure is provided for remote deregistration. In this case, the participation of a trusted person will be mandatory. The list of required documents will also change slightly.

You will need to prepare:

a statement certified by a notary;
power of attorney executed by a notary;
passport of the authorized person;
applicant's passport.

Not everywhere it is possible to deregister through a representative. This question should be clarified in advance by calling the MFC.

Extract without consent

In exceptional cases, a citizen can be discharged from an apartment without his consent. Basically, such actions are carried out only through a court decision. You can be discharged without trial if:

the person is serving time in prison (it is necessary to provide a decision on the criminal case);
serves in the armed forces (provide a certificate from the military registration and enlistment office);
the person has died (death certificate provided).

Duration of automatic discharge for temporary registration

Deregistration, if you have a temporary residence permit, is only relevant if it is necessary to extend the period of residence. In other cases, the deregistration occurs automatically after the expiration of the period specified in the certificate.

The date of discharge will be considered the day on which registration at the new place of residence was made. In practice this will take 14 days.

If you change the region, the period may be extended. It will depend on the amount of time spent sending the package of documents. For a citizen this will not be an obvious problem. By the end of the temporary registration period, there will already be a stamp in the passport indicating deregistration.

You can check out of the apartment through the MFC or passport office, as well as on the State Services portal. How long the procedure will take will depend on the method chosen. The average period is about a week. However, under certain circumstances, the process may take up to 3-4 months.

When do I need to register at my new address?

After checking out of a sold apartment, a citizen must register at the address where he lives. The law establishes a seven-day period within which this must be done .
IMPORTANT !
The seven days during which you need to register are counted not from the moment you check out from your previous apartment, but from the moment you arrive at your new place of residence. An indefinite amount of time may pass between the day of discharge and the day of arrival. But, since the person still lives somewhere at this time, he must register there temporarily. And if a citizen moves somewhere to another city, he can stay there without permanent registration for 90 days.

The most convenient situation for a person who has sold an apartment is when he simultaneously fills out a new registration on the State Services website when registering an extract. This option saves significant time. But, of course, this is only possible if it is known exactly where exactly he will live.

What to do if you bought an apartment with a registered person and how to register the former residents?

When purchasing real estate, a situation often arises in which a living space is purchased with old residents registered in it, with whom you then have to issue an extract.
As a rule, this happens when they agree on an alternative deal, the purchase of a home.

In such a situation, according to the agreement, the seller is deregistered after the sale, when he has nowhere to register before that. But sellers do not always fulfill their part of the agreement in good faith.

Passport Office

Each district of the city has its own passport office, where citizens are registered and discharged; here you can get a certificate of discharge or other necessary papers. If circumstances are such that it is necessary to change the place of registration, the citizen simply visits the passport office, writes in an application for discharge, and gives it to the employees of this authority.

After a certain time, he can receive a stamp about discharge and deregistration. To reduce the time spent visiting the passport office, on special websites you can find a sample application for discharge, registration forms and download them for free.

This will allow you to fill out the document at home, slowly, and then just go to the passport office and hand it in. What is included in the application form?

The document must contain data from the authority that is authorized to carry out the deregistration procedure.
Information about the person submitting the application and applying for an extract.
It is also necessary to indicate the reason that became the basis for changing the place of permanent registration.

If a citizen changes his place of residence, moves to a new house or apartment, he must indicate his new address in the application.

The application, drawn up according to the sample, is signed by the applicant. The employee of the passport office who carried out the reception also puts his signature on it.

How quickly do I need to register?

After submitting an application for registration, the registration process will take 8 working days. To make it easier to understand the timing of registration, two cases are considered:

permanent residence;
temporary accommodation.

If you are a permanent resident, you must register seven days in advance after deregistration. When living temporarily, a person must register three months in advance. When a child is born, after receiving the documents (birth certificate), within seven days it is necessary to register him at the place of registration of the parents. Violations of these requirements result in administrative fines.

REFERENCE: Minors, pregnant women with young children, and persons who find themselves in difficult life situations can count on mitigation of administrative punishment, as stated in Article 4.2 of the Code of Administrative Offenses of the Russian Federation.