What are the consequences of temporary registration for the owner and the dangers during registration

Every citizen of the Russian Federation is required by law to register at a specific address. The conditions of temporary registration allow citizens to legally reside in residential premises for a certain period of time. Temporary registration - what is the threat to the owner in 2017 if the tenants of the apartment have it? The answer can be found from the material presented.

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New accounting rules

Migration registration in the Russian Federation is regulated by the norms of Law No. 5242-1 and Decree of the Government of the Russian Federation dated July 7, 1995 No. 713. New rules for temporary registration in 2017 provide for the obligation of each subject to obtain a residence permit if he has left his permanent place of residence for more than 90 days.

If this requirement is met, as well as in other cases of temporary registration, the citizen must complete a number of mandatory formalities. The registration procedure when obtaining temporary registration has the following features:

• registration documents for temporary registration are within the competence of the migration service of the Ministry of Internal Affairs (acceptance of documents for temporary registration can also be carried out at passport offices);
• the period of temporary registration is determined by the copyright holder or landlord of the residential premises;
• after obtaining a temporary registration, the citizen receives the right to move into a residential building and live in it for the entire period;
• After the expiration of the registration period, it is canceled and is not subject to automatic renewal.

What are the consequences for citizens of not having a residence permit? If the subject does not have documents to confirm actual residence in the place, he may be held administratively liable.

Registration procedure

The procedure for the parties when registering temporary registration in a residential premises is regulated by Government Decree No. 713 of the Russian Federation. To do this, you need to contact the authorized body and submit the required set of documents simultaneously with the application. Registration registration cannot take more than eight working days.

The application form for registration at the place of stay is filled out when contacting the passport office or the migration department of the Ministry of Internal Affairs. Based on the results of review and verification of the submitted documents, a certificate of temporary registration is issued. It is the certificate of temporary registration that will be the legal confirmation of the right to move into the apartment for a certain period.

The period for which citizens are registered is determined by agreement with the owner or all members of the tenant’s family. For the owner, the completed temporary registration gives rise to the obligation to provide access to the registered person to the residential property.

Features for military personnel, refugees and children

For certain categories of citizens, the specifics of registering with the migration authorities of the Ministry of Internal Affairs have been established. As a general rule, the place of residence of children is determined by the address of the parents.

Therefore, the owner is obliged to provide temporary registration to a minor child if his parents were previously moved into the premises under similar conditions. Moreover, the owner of a temporary residence permit has the right to register his child even without the consent of the apartment owner.

Separate nuances are provided for accounting for subjects undergoing military service in the ranks of the RF Armed Forces. Military personnel have the right to registration in two options:

• registration for a long period of military service in a certain locality can be carried out at the location of the military unit;
• Temporary registration for a long period is possible if the serviceman is allocated office space.

There is also a special procedure for refugees. They must register with the Migration Service of the Ministry of Internal Affairs no later than three working days, and the period for such registration will not exceed three months (if citizens do not get a job during this time).

Required documents

The necessary documents for obtaining temporary registration are listed in paragraph 9 of Decree No. 713:

• identification document of a citizen of the Russian Federation - a general passport;
• application in the prescribed form;
• official documents that serve as the basis for recording subjects - a rental agreement for residential premises, a certificate of ownership or a document expressing the consent of the person providing housing.

When issuing a certificate of temporary registration, original documents are submitted, which are issued back to the applicants after verification of the grounds. To register in public institutions, you must always present a citizen’s passport, as well as the grounds for such registration.

When they can refuse

The following circumstances may be grounds for refusal:

• lack of consent of the copyright holder or all members of the tenant's family to move in other persons;
• an incorrectly drawn up rental agreement according to the law, if it is the basis for moving in;
• failure to submit at least one of the mandatory documents specified in Resolution No. 713.

It is also unacceptable to register with the migration service for a period longer than the period of renting the premises. If such a fact is established, the issuance of a certificate will be refused.

Pros for the owner

For the owner of a residential property, there is an opportunity to help with temporary registration for relatives and other close people who arrived in the locality for a certain period to achieve any goals - study, internship, employment.

At the same time, assistance with registration does not create a threat for the owner of such persons acquiring a permanent right of use, because they are registered only for a pre-agreed period.

Registration of a temporary registration for the duration of the lease agreement allows you to properly comply with all legal requirements for the actual transfer of the property to the tenant. Such points will be an obvious advantage in relations with the tax office. In this case, the duration of the lease agreement will directly affect the temporary registration, since it cannot exceed the period of the lease relationship.

Disadvantages for the owner

What are the consequences of temporary registration for the owner? The dangers of temporary registration for the owner of the premises may include the following:

• a significant increase in utility bills for housing, especially if the owner has issued a temporary registration for a long period;
• the right of residence is granted to persons who may cause damage to the apartment;
• if the owner rented out the apartment without registration.

Although the tenant does not acquire any rights to the residential premises, the possibility of early termination of registration can also cause problems.

Registration for a long period of time brings its own problems

Temporary registration does not affect the property in any way, however, a long period of stay negatively affects the usual lifestyle of the home owner. Therefore, in practice, the owner refuses registration for a long period, so that the temporary tenant does not retain the right of residence for an extended period.

Each entity who has a certificate of ownership can issue a power of attorney to complete all formalities at the migration department. In this case, the owner must attest to the deadline for registration so that the application does not indicate an unspecified duration of residence.

What problems might there be with tenants?

If the owner has signed a rental agreement, he allows outside tenants into his apartment for a certain period of time. If these people are not relatives or close people, influencing their behavior or attitude towards the living space will be extremely problematic.

In addition, law enforcement agencies constantly check the documents of not only the tenants, but also the owner himself, who allowed unauthorized persons to move in. In this case, you need to properly draw up a rental agreement for a premises for a certain period or an application to the migration service.

Increase in utility bills

The size of most types of utility payments directly depends on the number of people living in the premises. The owner's registration form confirming the fact of temporary registration is sent to the housing and communal services company, which will charge increased fees for utilities and housing maintenance.

It is impossible to avoid such an increase; the rental agreement for residential premises and the registration certificate will give utility services the right to charge fees for all entities living in the apartment.

Problems with minors

Dealing with minor children poses the most serious problem. Forced eviction of a child from housing and deregistration is permitted only with the consent of the guardianship and trusteeship authority.

If, during the temporary registration of the parents, the owner refuses to temporarily register the child, the fact of moving in and registering may take place without his consent.

Problems with the tax service

If the copyright holder has entered into a lease agreement, he is required to declare income from the rent to the tax authorities. If, when registering a rental relationship, an application was made to the migration department of the Ministry of Internal Affairs, and the agreement itself was not submitted to the Federal Tax Service inspectorate, the lessor faces serious financial consequences for evading income declaration. In this case, a decision may be made to impose liability in the form of a fine.

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