Extract from an apartment by power of attorney: documents, law, order

Legislation

Issues of registration and deregistration are regulated on the basis of Federal Law No. 5242-1 of June 25, 1993. According to Art. 7 of this legislative act, deregistration is possible on the basis of a written or electronic application. In the latter case, it is possible to fill out the form through the State Services portal.

Deregistration without personal presence is permitted in the following situations:

A power of attorney has been issued to the representative, who is given the right to submit documents and applications.
Forced discharge if a corresponding court decision is made.

Legislative regulations

The option of checking out of an apartment by power of attorney is possible if all legal requirements are met .

All methods of accounting procedures are covered by the following legislative acts:

Law of the Russian Federation “On the right of citizens of the Russian Federation...” dated June 25, 1993 No. 5242-1;
Administrative regulations approved by Order of the Federal Migration Service of the Russian Federation dated September 11, 2012 No. 288 (as amended on January 19, 2015).

In these government acts there is no direct instruction to FMS employees to make an extract by power of attorney, except for paragraph 128 of the Admin. regulations, which consider the presence of the discharged citizen abroad.

Not all experts agree with this interpretation of this point, therefore, before turning to a notary to certify a document for a trusted person, you should check with your territorially assigned migration service unit whether such a procedure will take place.

On the other hand, if you open the page of the website www.gosuslugi.ru, select “FMS” from the list of departments, and from the list, then below you can see the proposed methods of submitting an application and obtaining a result, including the option “through a legal representative” .

Thus, you can make sure that the public services portal allows the option of extracting without personal participation.

Sample power of attorney for leaving an apartment.

Read our articles about how to check out of an apartment while in another city, how to check out at the MFC and on the State Services website, and also about whether it is possible to check out and register in another apartment at the same time. Find out also about the specifics of discharging a deceased person from an apartment.

Features of a power of attorney statement

If a citizen wants to check out of the apartment and cannot be present, you can contact a notary. He will certify the application for an extract and issue a power of attorney to another person, who will submit the documents. It is important to note that not all territorial departments of the migration service accept such applications, so you must first clarify this information.

There are reasons why a citizen has to register on the basis of a power of attorney:

has lived in another city for a long time;
a serious illness has been discovered that does not allow free movement;
called up for military service;
is serving a sentence in a correctional institution;
when selling an apartment, if it is not possible to submit documents in person.

In each of these cases, a power of attorney for an extract is issued only with the consent of the registered person. If a citizen is in a medical institution or in a prison, the power of attorney can be certified by the head of the organization.

To issue a simple power of attorney issued to perform specific actions with real estate. In the case of an extract, a power of attorney certified by a notary is required. To obtain an extract in absentia, you must visit a notary along with your passport.

The power of attorney clearly states the wording “extract from the apartment.” The registrar will not accept a document with another entry that does not reflect the essence of the power of attorney.

Ekaterina Nikitina, director of the PROobmen real estate agency, answers:

Call and find out at the passport office at your place of registration whether they can issue you with a power of attorney. If the answer is yes: fill out and notarize an application for deregistration at your place of residence. Next, write out a power of attorney to the person authorized by you to remove you from the register.

Another, traditional, way is to register with the passport office at your new place of residence. You will need to fill out form No. 6, tear-off coupon. Next, the employee will independently send a request for your extract. The procedure may take 2 months.

Text prepared by Maria Gureeva

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The need to draw up an order for registration in a residential premises may arise both from the owner of the property who does not have the opportunity to submit the corresponding application in person, or from the person who wants to register. In both the first and second cases, in addition to issuing the power of attorney for registration in the apartment, the migration service authorities will require an application, the authenticity of the applicant’s signature on which must be certified by a notary .

Required documents

It is necessary to determine what documents are needed to submit them for discharge. The standard list includes the following:

application of the established form;
notarized power of attorney with the representative’s passport;
extract from the house register;
marriage or divorce certificate (if available);
original and copy of the title document for the apartment;
extract from the Unified State Register of Property Rights.

Real estate documents are provided only if the owner is removed from registration. If there is no power of attorney, registration documents will not be accepted or will require the personal presence of the applicant.

How to make an extract “to nowhere”

A citizen can be discharged “to nowhere” from his place of permanent registration by sending a notarized application for deregistration to the specified address. You can also send it through a notary by e-mail and transfer it with a trusted person.

In this case, a notarized power of attorney for the right to check out of an apartment can be given to a third party for actions with the original passport regarding affixing a stamp, obtaining a departure certificate, reporting information, conducting other negotiations, for example, regarding rent arrears (is it possible to check out if you have utility bills? debts, we talked about here).

But a citizen must write a statement of desire to be discharged in person. Based on this application, they are required to write it out.

If this is not done , the authorized person can contact the housing inspectorate, the prosecutor's office, or the court. There he can fully represent the principal on the basis of a power of attorney.

Procedure

To deregister, you must perform the following sequence of actions:

find out from the migration service in your area whether they consider applications by proxy;
draw up and notarize a power of attorney;
apply with a set of documents to the migration department;
fill out a standard application form according to Form No. 6;
submit documents with the application, receive a coupon confirming acceptance of the application;
come on the appointed day to receive your discharge certificate and passport.

What to do after drawing up the document?

Once you have the power of attorney in your hands, the question arises of what to do next. Let's look at all the steps step by step:

choose the place where you will go, there are three in total:
FMS department;
housing organizations.
Collect the following list of papers:
his passport;
passport of the authorized person;
power of attorney.
Provide them to the organization where you decided to apply (first point) , it is advisable to contact the FMS, since it is this service that carries out all the actions, others only collect documents.
Wait for registration. The deadlines are different: when applying to the migration service you need to wait three days, when applying to the passport office - six days.
Attention! The procedure is absolutely free.
Receiving a passport. As a result of the procedure, the principal’s passport is issued with a stamp, which indicates the extract.

Extract by power of attorney without the presence of the owner

According to paragraph 1 of Art. 30 of the Housing Code of the Russian Federation, only actual owners who have title documents and are entered into the state register as owners are recognized as owners. In most cases, deregistration without the presence of the owner is allowed.

But there is one exception. The presence of the owner is required if registration is carried out at a new place of residence with parallel deregistration at the previous address. If we are talking about a purchased apartment, the presence of the owner is required. In the case of municipal housing, the consent of the tenant is required.

If a citizen moves to a new address or sells an apartment, there is a need to deregister from the current registration. To do this, you must submit an application yourself or through your representative. The owner does not need to be informed about this procedure at all. Property documents are provided only if it is the person who applied for the extract.

How to compose it correctly?

Contrary to the assertions of many that such papers are not entirely legal , in the Federal Law of the Russian Federation dated May 7, 2013 No. 100 and Art. 185 of the Civil Code of the Russian Federation clearly outlines the general provisions about these documents, from which it follows that “A power of attorney is recognized as a written authority issued by one person to another person for representation before third parties,” and the case with an extract presupposes precisely such an action.

By and large, it is not so important whether this paper is printed or written by hand.

The main thing is that the essence is conveyed , written legibly, intelligibly, in compliance with the requirements for the preparation of such papers.

With widespread computerization, every notary specialist has the opportunity to print paper.

There cannot be such a document as “for discharge” or “deregistration”. The meaning of this document is that a citizen trusts another to represent himself in the migration service in order to carry out a certain procedure . The paper must contain:

in the center the name is a power of attorney, below it is the name of the locality, the date in words;
from the paragraph - I, full name, gender, number and series of identity card, by whom and when issued, registration address;
This is followed by the same information about the citizen who is being given powers by the principal;
the text part looks like this: “to be my representative in the Nth division of the Federal State Registration Service on the issue of deregistration.”

This is followed by the signature with the decryption of the principal, the date, then the notary’s certification of the authenticity of this signature. Of course, there must also be a seal impression.

Nuances

Cancellation of registration by proxy has its own peculiarities. You can terminate your registration by submitting documents one day in advance. To do this, it is important to do the following:

contact the Federal Migration Service at the place of registration;
collect the most complete package of documents;
contact the manager directly;
A FMS employee will process the documents quickly if the application contains a visa from the head of the department.

You should not issue a general power of attorney if only deregistration is required. Such a power of attorney gives the right to complete disposal of existing property, which can lead to serious problems. A one-time or special power of attorney is sufficient.

How to be discharged from a home according to the general rules

There will be no difficulties if you take care of the discharge procedure yourself before or after your change of residence. Both options have their own characteristics. If you are discharged before changing your residence, then you need to write an application to the Federal Migration Service along with the necessary documents. Upon arrival at your new place of residence, you receive an address sheet and present this document for subsequent registration.

This option is not convenient because it requires going through the procedure twice. In addition, until you register at a new place of residence, you are legally considered homeless.

The second option is more expedient and suitable for those who know where they will register in the future. Upon arrival at your new residential address, you come to the local UVM to register. In the process of applying for a new registration, the old registration is canceled. You do not need to go through the registration procedure twice.

Features of the power of attorney

It can be done by hand or in printed form. The power of attorney must contain the following information:

date of preparation and name of the document;
Full name and personal data of the principal;
Full name of the authorized person;
the content of the text stating that the power of attorney is transferred to a specific person to carry out deregistration;
signature of the principal and notary;
details of the notary office.

You can set a validity period during which the principal must complete the task. There are no minimum term restrictions, and the maximum is 3 years. If the validity period is not specified, as a general rule, the document is valid for 1 year from the date of its issue.

The average cost is 2700 rubles. It is calculated from the tariff for signature certification and notary services. But the exact cost will depend on the region of issue.

power of attorney for leaving the apartment

How does the discharge procedure work without personal presence?

You can discharge a person without his presence if certain steps are followed:

Submitting an application and package of documents.
An indication of the circumstances for which eviction is necessary.
Date and signature.

If you have a power of attorney, it is enough just to submit an application that will reflect your will.

The end of this procedure is the corresponding registration entry stating that the citizen is no longer assigned to this address.

Procedure

In the event that a citizen violates the rules of human society, as a result of which he needs to be evicted, the necessary documents must be prepared. In this situation, acts of contacting the police and the subsequent court decision on eviction will be considered as such.

If a citizen goes missing, then this must also be formalized by a judicial act. When an extract occurs in the absence of the owner, you need to issue a power of attorney.

After these documents have been collected, you must contact the department of the Ministry of Internal Affairs or the multifunctional center by submitting an application.

List of documents

The documents required for registration must be submitted:

Statement.
Power of attorney.
Passport (only when necessary).
A court decision that is the basis for deregistration.
Other documentary acts declared at the request of the authorized state body.

No other documents may be requested. The requirement to provide them may be declared illegal by appealing in court.

Price

For certain legal actions, a state fee is required. This is directly enshrined in the tax legislation of the Russian Federation.

There is no mandatory fee for deregistration of citizens!

In the case when the extract occurs through the execution of a general or ordinary power of attorney, funds will have to be paid. Notarial actions aimed at certifying a power of attorney are subject to a state fee (250 rubles).

Where to submit documents?

The Federal Migration Service at the place of registration of the applicant should be contacted if an early discharge is required. In other cases, you can contact other authorities:

A management company that services a specific apartment building;
Multifunctional Center;
A housing office that has the authority to discharge a citizen by power of attorney.

The state fee for deregistration by power of attorney is not paid, since citizens have the right to change their place of residence if necessary. The procedure is carried out within 3 to 7 working days, depending on the place of application. If documents are submitted through the MFC, time is required for transmission, which is why the standard 3-day period is increased. After completing the necessary actions, a departure slip with the seal and signature of the responsible person is provided.

Thus, to remove a citizen from registration, it is not necessary to submit an application in person. You can apply through a trusted person with a properly executed power of attorney.

Extract with registration at a new place

The entire procedure, on average, takes up to three days (this is the period established by law)

, however, if you submit documents through the MFC, the period will increase to a week
(taking into account the time required to transfer documents to the Ministry of Internal Affairs and back)
. Step-by-step instructions on how to check out of an apartment can be presented as a list of the following actions:

First, you need to submit an application to the local unit of the Ministry of Internal Affairs, which oversees registration issues.
You need to write two applications: for deregistration and for registration at a new address. You can fill it out in free form, or on form No. 6, which will be provided by an employee of the institution;
You will have to leave your passport to update your registration information. Instead, you can get a temporary document at the institution - a certificate, which in everyday life replaces a passport;
Within 3 days the citizen will be deregistered and in the next 14-30 days (if it's the same city)
, or within 3 months
(if the settlements are different)
will be registered in a new location;
Upon completion of the procedure, all that remains is to pick up your passport with updated registration information.

In the process of changing your registration, you will need a certain package of documents, which includes: a passport, confirmation of ownership of the new place of registration (extract from the Unified State Register, purchase and sale agreement)

. If the person being registered is not the owner, the presence of the owner is necessary, who writes a statement of his consent to register the person on his living space. In this case, property documents will be required from him. If the apartment is part of municipal property, you will need to attach a rental agreement. And we described all the features of registration in a new building here.

It is recommended to submit documents with copies in case of unforeseen circumstances.

Registration procedure

How to sign out using a power of attorney? Is this a complicated procedure? Only having all the necessary documents in hand can you begin to act. It is important to understand in advance that this is significant, there are no trifles here.

Statement

It must be compiled correctly, in accordance with all current rules of the Russian Federation. That is why you should take a sample to fill out the application in advance and take the time to study all the points. If, by an absurd accident or inattention, some significant detail is missed, then the procedure will have to start from the very beginning. This is not always convenient, and sometimes requires enormous effort and high energy costs.

In some cases, any delay may result in additional problems. The application usually records all passport data and stipulates the fact of transferring certain rights to the authorized person. Both participants in the event must know what they are getting as a result of signing the contract.

Notarized power of attorney

A citizen who is planning to be discharged must necessarily transfer his right to manage his own housing to another person. It would not be amiss to note that it is recommended to take this step when it is really not possible to be personally present at the passport office on a specific day.

In other life circumstances, it is highly not recommended to relieve yourself of such responsibility and shift it to another person, even a close relative. A notarized power of attorney provides a guarantee that all further actions will be correct and legal.

Passports

An identification document is needed precisely in order to confirm the fact that temporary changes have been received regarding a specific property. How to discharge a person from an apartment? You will need both the passport of the owner or registered residents, and the document of the person for whom the power of attorney is issued. These are mandatory actions that must be done.

Wary attitude

Is it possible to write a person out by power of attorney? Why is this sometimes not as easy to do as it seems at first glance? When starting to process the relevant papers, many people are faced with misunderstanding and even condemnation from others. Many openly consider them stupid and short-sighted individuals who are easy to deceive and fool.

Passport office employees are very wary of even obtaining temporary rights to manage someone else’s housing. They begin to ask a lot of questions that seem meaningless and unnecessary to many people. All this is actually unpleasant, because it begins to cast doubts. It seems that the employees are deliberately trying to complicate the process and create additional obstacles for the owner. Of course, this is not true. What is the reason for this attitude? Why is everything so complicated and takes a lot of nerves?

Necessary actions

In order to protect yourself as much as possible from possible troubles, you need to act consistently and thoughtfully. This is the best way to avoid unforeseen troubles that can affect our outlook and faith in our own prospects. You should not rush and rush, trying to do a huge number of things in a relatively short period of time. It is much better to understand the need for the efforts being made and imagine the entire chain of steps to be taken in advance. You should calmly collect all the necessary documents and be ready to act in accordance with the prevailing conditions.

You should try to study the issue as much as possible. It is better to do this during a personal visit, since the effectiveness of telephone conversations is often zero. Employees often respond with stock phrases, having no desire to delve into the meaning of the words they themselves uttered. The owner of the apartment needs to try to find out for himself the issue that really worries him. It is best to do this in advance so that you have time to correct the undesirable situation.

It is necessary to immediately clarify all the nuances that may arise in this particular case. If you postpone solving important issues until later, there is a high probability of getting confused yourself and misleading others. You need to try to voice your position as clearly as possible, without fear of condemnation and the emergence of additional questions.

Thus, when thinking about how to check out of an apartment by proxy, you should clearly understand the sequence of steps. Here you cannot act blindly, guided only by personal motives. It is also necessary to accept responsibility for the actions taken in advance. Checking out an apartment by proxy is a serious step that requires maximum concentration.