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The need to discharge a registered tenant arises for various reasons. But the observance of the law is always obligatory. How is a person discharged from an apartment in 2020?

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The decision on the registration of citizens in their living space is made by the owner. But this does not mean that the owner can write out tenants at any time.

Deregistration is accompanied by some nuances. How to write a person out of an apartment in 2020?

General points

Russian legislation strictly regulates the procedures for registration at the address of residence and extract from the occupied living space.

Compliance with the prescribed order and availability of all required documents guarantees the execution required process as soon as possible.

The Decree approves the "Rules of registration ...". It is determined here that in order to be registered or discharged, a citizen independently applies to the registration authorities and presents the necessary documents.

Registration/extraction at the place of registration is carried out within three days. Following the logic, in order to deregister without a registered person, you will need to confirm that the person has no right to use housing.

legal principle Russian state requires documentary or judicial recognition of any significant fact.

Emerging nuances

There are two options for deregistration - an extract with simultaneous registration at a different address and an extract without registration.

In the first case, there are no special problems. An application for extract and an application for registration at a different address is provided with the application of the base document.

Difficulties arise when discharged "to nowhere". In this case, it will be necessary to justify the reason, since every citizen of the Russian Federation must have registration.

Usually such a need arises:

• when selling an apartment, when new housing has not yet been acquired;
• when leaving the Russian Federation;
• in case of forced eviction, when the address of subsequent registration is not known for certain.

If an extract is made “in its pure form”, then the person being discharged is awarded. It indicates the address of future registration.

But in reality, a citizen is not at all obliged to register at this particular address, this item only confirms the presence of a place of residence.

In fact, any known address can be specified. But you need to know that from the moment of discharge, a citizen is obliged to issue a new residence permit within seven days.

Otherwise, penalties are applied to a person without registration, which are expressed in the imposition of a fine from 2,000 to 2,500 rubles.

What documents are needed

The following documents are required for deregistration:

• application for release;
• applicant's passport;
• documents on the basis of which registration was carried out.

The basis of registration may be legal documents, or etc.

If the person being discharged is not the owner and was registered on the basis of an application from the owner, then an application and a passport are sufficient.

When a person is discharged by the owner, it is necessary to provide papers confirming the basis for deregistration.

It is not necessary to fill it out. The registrar is obliged to accept the application in the presence of the required package of documents.

Additionally, it may be required to certify the absence of rent arrears (when the owner is discharged).

If at the same time registration is carried out at a new address, then an appropriate application and documents certifying the legality of registration (statement of the owner, extract from, etc.) are submitted.

Step-by-step instruction

The procedure for leaving the apartment is very simple:

1. Prepare the necessary documents.
2. Contact the registration authority.
3. Fill out the application and attach the required paperwork.
4. Three days later, receive a passport with an extract mark or confirmation of deregistration.

You can make an extract online using the State Services portal:

1. Register on the site and log in personal account.
2. Select the section "Electronic services" → "FMS" → "Registration".
3. Click on "Get a service" and fill out the contact form that opens.
4. Select the appropriate immigration office.
5. Submit your application by clicking on "Submit Application".
6. Receive a notification in your personal account about the date of your personal visit to the FMS.
7. At the appointed time (in three days), come to the address of the selected department and provide the originals of the required documents.

The procedure for extracting a person from an apartment by a court decision

The unwillingness of a registered person to be discharged voluntarily requires an appeal to the court. There is also a strict procedure for this procedure.

Initially, you will need to prepare documents indicating the loss of the right to use housing. You will need:

• passport of the owner-plaintiff;
• legal documents for the apartment;
• documents evidencing the loss of the right to use housing;
• documentary and witness testimony certifying the fact that a person lives at a different address, confirming the basis for a forced discharge, indicating the impossibility of cohabitation.

In particular, the essence of the requirement, its grounds, corresponding legislative norms, list of attached evidence.

But you can't go to court right away. It is necessary to follow the pre-trial procedure for resolving the dispute.

A copy of the claim and all documents attached to it shall be handed over to the defendant / discharged person with a request for voluntary discharge.

Delivery is carried out by registered mail with notification or by personal delivery in front of witnesses.

If a peaceful solution to the problem has not taken place, the procedure for extracting a person from an apartment through the court is carried out. After the receipt of the application, the date of the meeting is set.

In the presence of the plaintiff, the court considers all possible grounds and evidence. A positive court verdict is accompanied by the issuance of a decision on compulsory discharge.

WITH court decision the owner applies to the passport office (FMS) and draws up an extract.

How to act independently

When a citizen has decided to discharge himself, no one has the right to prevent him from doing so. He applies to the registration authority, submits an application, passport and documents for discharge.

Deregistration is issued within three days. The corresponding mark is affixed in the passport.

Video: how to write a person out of an apartment

If it is impossible to appear at the place of previous registration, a citizen can apply to the FMS department / passport office at the place of current residence and apply for registration at a new place of residence.

From the address of the previous residence permit, a person is automatically discharged based on the data available in the registration database.

After death

Extracting a deceased relative is not difficult. The main thing is to get a death certificate issued by the SIDS or by a doctor who observed the deceased during the illness.

The certificate is submitted to the registry office along with the passport of the deceased person. On this basis, a death certificate is issued.

When applying to the registration authorities, the following is submitted:

• passport of the apartment owner acting as the applicant;
• an application for deregistration of a deceased citizen;
• death certificate.

Additionally, you may need documents confirming kinship with the deceased:

After checking the documents, an extract is made in the standard terms.

What problems may arise

It is necessary to note the situation when an extract of a minor is carried out. If the child is only registered, then you can write him out in the standard manner based on the application of the legal representative.

This is issued only when the child is provided with similar or better conditions residence and the corresponding .

Men who are liable for military service may be required to present a military ID or other document relating to military registration.

At the legislative level, registration of residence and military registration are in no way connected.

Since 2002, such a requirement is illegal and a citizen has the right to complain about the arbitrariness of the migration service to higher authorities.

Dmitry Rudykh

Briefly show how the owner can write out of the apartment without consent.

• Forced discharge is carried out only through the court.
• The court itself does not discharge from the apartment.

The court can only recognize a person as having lost the right to use an apartment or other residential premises.

• At the passport office discharge without consent only on the basis of a court decision.

Forcibly writing a person out of an apartment is not so easy.

Many lawyers and lawyers broke off on court cases by extract.

I will not hide, I myself lost some cases on discharge from the apartments.

But it was this experience of mistakes that helped me write 2 instruction books on how to write out of the apartment.

The first book contains advice on how the owner can write out of his apartment

The second book is about how you can write out of a non-privatized apartment. I am also giving this book as a gift.

The need to write 2 books was due to the differences between an extract from a non-privatized apartment and an extract from an apartment that is owned.

The most difficult thing is to discharge a person from a non-privatized or municipal apartment, because you need to prove many conditions under which a person can be discharged.

I used to think that the value of both books lies in the fact that it allows any person to independently write out extra "characters" from their apartment.

However, the feedback from readers revealed to me another important value of these books.

It consists in the fact that it allows the reader, who is interested in the discharge from the apartment, to control the actions of his lawyer, hired to conduct the court case on the discharge from the apartment.

In other words, knowingstep by step algorithm of actions,

conditions for forced discharge from the apartment and pitfalls,

You can:

• give your lawyer useful guidance on how to handle the case,
• evaluate the effectiveness of his decisions,
• do not rely blindly on his professionalism,
• Critically evaluate the words and judgments of your lawyer.

In the end, this is your apartment, and losing your lawyer in court can permanently cross out your ability to get rid of the prescribed characters.

That's all for me. I wish you a decent life and have a nice day.

Useful tool to get land plot without bidding

I wish you a wonderful day and a decent life.

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Last update: 02.02.2019

One of the most delicate housing issues is the forced eviction of an objectionable tenant. More often, an extract from an apartment, room, house without the consent of the evicted is associated with conflicts and disputes that arise between residents. Forced discharge is a last resort and in most cases is possible by court order. An exception is the discharge of a conscript on military service, convicted, missing or deceased.

Naturally, it is not always possible to evict a person from housing only at will. One way or another, you will have to resort to extracting a citizen through the court.

In what cases can a person be discharged from a privatized apartment in addition to his consent

There are several solid grounds for evicting a person against their will.

• divorce of spouses, when one of them is the owner of the home, and the other only lives (you can write out not the owner);
• purchase of living space by an outsider (evict former owner and his family)
• protracted absence of registered at the place of registration;
• commission of offenses in the field of rules of residence in an apartment building;
• misuse (not for living purposes) of an apartment, room, house;
• uncoordinated redevelopment (re-equipment) of the apartment;
• deterioration in the condition of housing (structurally, sanitary and hygienic, etc.);
• other situations depending on the individual case.

Let's consider these situations in more detail.

Termination of family relations (divorce)

Divorce, after which the former spouse and his relatives lose the right to use the apartment. They can be evicted through the courts.

If the ex-husband (wife) has nowhere to live, the court may temporarily leave the discharged person in the apartment. Or force the owner to provide temporary housing. Therefore, if the evicted person has housing or means to purchase it, the plaintiff must inform the court about this. In order not to receive an inconvenient judicial act.

Acquisition of an apartment by purchase, donation or inheritance with registered people.

In court, it is not necessary to talk about the motives for filing a claim (non-residence of persons, non-payment for a communal apartment, violation of the rights of residents by obscene behavior, etc.). It is enough to declare the refusal of the deportees to leave voluntarily.

Prolonged absence of the person issued at the address and non-payment of utility bills

If the registered person has another housing, but according to the registration he does not appear, does not pay for electricity, gas, water, then the owner can get rid of him. The court will need to indicate the exact actual address of residence and confirm the payment of the utility debt for the defendant by the owner (receipts on his behalf).

Behavior that systematically violates the rights of other residents

Violations are expressed:

• unsanitary condition of housing;
• antisocial behavior (fights, scandals, keeping a brothel, night parties, etc.).

You can’t prove such irresponsible behavior just by words in court, therefore, first you need to:

• make a written reprimand to the violator;
• apply to law enforcement with a complaint about violations.

The collected answers, protocols, resolutions and other documents of inspections will be the necessary evidence that is presented to the court.

A citizen uses the apartment not for living, that is, not as a dwelling (workshops, veterinary overexposures, etc.)

Commercial use of housing can be confirmed by housing commissions under administrations. You need to go there with a detailed application in free form. Such statements can be written by neighbors, the board of the HOA, etc.

Illegal redevelopment, re-equipment of the apartment

Often illegal redevelopment of an apartment can violate the design high-rise building. Naturally, this causes concern among the owners of other apartments. Rights protection procedure:

• apply to the authority that gives permission for redevelopment (administration locality), which will oblige the owner to restore the previous state of the apartment;
• if there is no effect, then a lawsuit is filed demanding the forced seizure of the apartment from the owner (selling it at auction) and his eviction.

After the new owner must restore the apartment and write out the former tenants.

Housing deterioration

Deterioration means any negative impact for housing:

• destruction of buildings and partitions;
• damage or destruction of engineering equipment and systems (plumbing, ventilation, gas equipment, etc.);
• bringing into disrepair finishing repairs, as well as furniture necessary for a comfortable stay (bedroom, kitchen furnishings, interior doors and so on.).

The offender's actions must be intentional. For example, if a window is broken due to a draft, then such actions cannot be grounds for eviction.

Extract from a municipal apartment without consent

There are differences when a person is discharged from a privatized and non-privatized apartment. Consider typical situations when a citizen can be discharged from a municipal apartment:

Situation	Who has the right to issue	Who is being evicted
Citizen does not pay utility bills	Municipality (renter)	The tenant and his family
	If there is no payment from any of the registered tenants for more than 6 months, then the tenant is responsible for this. Therefore, not only this tenant will be evicted, but also the tenant with his family. Tip: you need to separate the personal account of the apartment and renew the social lease agreement for several tenants. Then the defaulter, as one of the tenants, will be evicted, while the other will remain. Or make a forced exchange of housing.
The citizen uses the apartment not as a dwelling	Municipality (homeowner), neighbors	The tenant and (or) persons registered with him
	Improper use of the apartment is established by housing commissions under administrations, police officers (district officers). Neighbors, the municipality, the board of the HOA, etc., can contact these structures.
The tenant worsens the condition of the living space or re-plans, re-equips	Landlord, neighbors
	Deterioration of housing or redevelopment can lead to an emergency state of the entire multi-storey building. Interested parties can react to this: neighbors, HOAs, ZhEKs, etc. You should contact the city (district) administration, the police, and the housing commission. After confirming these facts, go to court. More often than not, the administration filed a claim.
The citizen does not live in the apartment	Municipality	The tenant and his family members
	Temporary absence does not mean the loss of the right to housing. Such a loss will be if a citizen moves to another place for permanent residence. The social lease agreement will be considered terminated from the moment of moving to another address.
Resident antisocial behavior	Landlord, tenant, neighbors	The tenant or a person registered with him

When a tenant divorces, ex-husband(wife) does not lose the right of residence in council apartment, Unlike ex-spouse who lived in privatized apartment owner.

Extract of certain categories of persons

• Child

Forced discharge when there is no parental consent. Extraction is not possible in any case:

• if the child is left homeless, even if his parents were discharged;
• minor homeowner (share in property);
• children participated in the privatization of municipal housing.

You need permission for guardianship if, during forced discharge, the new housing will be worse than the previous one.

A classic situation in which it will be easy to discharge a child without consent. If he is discharged to his parents (parent) from a stranger from a municipal apartment. But even in this case, you will need permission from the guardianship and a court decision.

In general, the outcome of a lawsuit depends on many factors. But the court initially stands on the protection of the rights of the child.

• parent deprived of parental rights

If the parent living with the child was deprived of his rights, then he is subject to discharge from the apartment without his consent. It doesn't matter if he has another place to live or not.

• Convicted

It can be written out on the basis of the verdict of his conviction. To do this, it is enough to directly contact the passport service without going to the court for eviction. However, after serving the sentence, the prisoner may demand the restoration of his rights. And if, for example, an apartment is exchanged after a convict is discharged, then there may be a forced move-in.

• Called into the army

An extract is made on the basis of a message from the military registration and enlistment office. The soldier is registered at the place of service. Housing transactions are allowed without restrictions. After returning from the army, the conscript will not have any authority to cancel transactions.

• Missing or presumed dead

Such citizens can be discharged on the basis of a court decision on recognition as missing or dead. After the apartment, you can do whatever you want. If the issued one is announced, then the turn of transactions is not allowed. Except if other tenants knew about the location of the evicted person and acted maliciously.

What are the initial steps

Before you go to court with an eviction claim, you must:

• apply in writing to the person who is subject to eviction with a request for his voluntary discharge. That is, to offer him to discharge himself on his own (or with a demand to stop actions that violate the rights and interests of other citizens, if such actions are committed);
• apply to the owner or landlord (depending on whether it is a privatized or municipal apartment) with his complaint against the evicted person;
• in some cases, it is necessary to apply to the competent authorities with a statement about the violation of the rights of other persons by the evicted person.

Which court to apply to

Next, a statement of claim is prepared, the state is paid. the fee and claim materials are sent to the city (district) court (not to justices of the peace) at the location of the apartment, house, room. That is, from where the citizen will be evicted.

It is wiser to entrust the conduct of the case in court to a lawyer (lawyer). But keep in mind that you should not get away from the case. Necessary:

• re-read each document drawn up by a lawyer and express your opinion on this matter, even if it seems unprofessional to you;
• tell the lawyer all the facts known to you, without dividing them into weighty and not significant. Remember, every detail in such cases is important.
• attend court hearings with a lawyer. First, it will convince the judge of the importance of the issue to you (this has a strong emotional impact). Secondly, you can explain to the court important points which the lawyer may not have been aware of.

In some situations, an appeal to the court for eviction without the consent of the tenant, the owner is possible at the initiative of the administration. For example, in case of illegal redevelopment, violation of the rights of tenants by obscene behavior, use of the apartment for other purposes, etc. The activity of the administration can be awakened by appealing to it with claims directly or through the prosecutor's office.

How to write

The court itself does not issue a citizen. They only make a decision on the basis of which an extract is possible. Therefore, the person concerned, of his choice, must arrive at the territorial:

• HOA, housing department, etc.;
• Migration Department of the Ministry of Internal Affairs.

The passport service is presented:

• application of the interested person on the discharge of an objectionable citizen (the application is drawn up in free form);
• a court decision on eviction without consent, certified by the court with a mark on entry into force;
• certificate of registered persons;
• house book, if we are talking about a private house.

The presence of the applicant is not required.
The extract is made free of charge within 3 days.
If, after being discharged, you are unable to actually expel the person from the apartment, you must apply to the bailiffs with a decision and a writ of execution.

Before asking a lawyer a question, please read the readers' questions, perhaps a similar case has already been considered and there is a detailed answer, in which case the specialist will not answer you.

1. Clauses 23, 28, 29, 29 (2) Decree of the Government of the Russian Federation of July 17, 1995 No. 713 "On Approval of the Rules for the Registration and Deregistration of Citizens of the Russian Federation at the Place of Stay and Place of Residence within the Russian Federation"

If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions within a few days.

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Article 31

[housing code RF] [Chapter 5] [Article 31]
1. The family members of the owner of a dwelling include his spouse living together with this owner in the dwelling belonging to him, as well as the children and parents of this owner. Other relatives, disabled dependents and, in exceptional cases, other citizens may be recognized as members of the owner's family if they are moved in by the owner as members of his family.

2. Family members of the owner of a dwelling have the right to use this dwelling on an equal footing with its owner, unless otherwise established by an agreement between the owner and members of his family. Family members of the owner of the dwelling are obliged to use this dwelling for its intended purpose, to ensure its safety.

3. Members of the family of the owner of the living quarters, who have legal capacity and have been limited in their legal capacity, shall be jointly and severally liable with the owner for the obligations arising from the use of this living quarters, unless otherwise established by an agreement between the owner and members of his family.

4. In case of termination family relations with the owner of the dwelling, the right to use this dwelling is not retained by the former family member of the owner of this dwelling, unless otherwise established by agreement between the owner and the former member of his family. If the former family member of the owner of the dwelling has no grounds for acquiring or exercising the right to use another dwelling, and also if property status the former family member of the owner of the dwelling and other noteworthy circumstances do not allow him to provide himself with another dwelling, the right to use the dwelling owned by the specified owner may be retained by the former member of his family for a certain period on the basis of a court decision. At the same time, the court has the right to oblige the owner of the residential premises to provide the former spouse and other members of his family with other residential premises, in whose favor the owner fulfills maintenance obligations, at their request.

5. Upon the expiration of the term for the use of living quarters, established by a court decision adopted subject to the provisions of Part 4 of this Article, the corresponding right to use the living quarters of a former family member of the owner shall be terminated, unless otherwise established by an agreement between the owner and this former member of his family. Before the expiration of the specified period, the right to use the residential premises of the former family member of the owner shall be terminated simultaneously with the termination of the ownership right to this residential premises of this owner or, if the circumstances that served as the basis for the preservation of such a right have disappeared, on the basis of a court decision.

6. A former member of the owner's family who uses the residential premises on the basis of a court decision made taking into account the provisions of part 4 of this article, has the rights, bears obligations and responsibilities provided for in parts 2-4 of this article.

7. A citizen who uses residential premises on the basis of an agreement with the owner of this premises has rights, bears duties and responsibilities in accordance with the terms of such an agreement.