How to legally check out of an apartment to nowhere and is it possible to do so?
Content
“People are like people... the housing issue has only spoiled them...” - a quote on the topic of the day. The topic of using living space does not lose importance. The question of whether it is possible to check out of an apartment to nowhere is relevant for many. The opinion that such a procedure is impossible has been strengthened in the minds of citizens since the times of the Soviet Union. However, the current legislation does not contain a direct prohibition on such actions.
Is it possible to legally discharge yourself to nowhere?
Circumstances in which there is a need to check out of your own apartment to nowhere:
- Alienation of housing . Obviously, no one wants to buy a granny flat, so future homeowners are demanding that they check out of the apartment before selling. But a new apartment, in which one could register, has not been purchased or is being built under an equity participation agreement.
- Changing of the living place . Moving to another city or country.
- Housing is forcibly alienated . The mortgaged housing can be taken away by the bank if there are arrears in payments, either with or without the consent of the owner. Based on a court decision (the property purchase and sale agreement was declared invalid), at the request of the bailiffs.
- A minor child must live with his parents . Thus, they will be automatically discharged to nowhere after their legal representatives.
Establishment and deregistration of registration (registration) is regulated by Government Decree 713 of July 7, 1995.
This regulatory act clearly states that checking out of an apartment and not registering at another address are actions for which no punishment is provided.
All you need to do is submit your application to the passport office. The presence in the application form of a line about the new place of registration is a formality. You can specify any new address in it.
IMPORTANT . The requirement of the migration service to indicate a citizen’s new place of residence is illegal. Debt in property taxes and utility payments is not a reason for refusing to deregister.
The fine for lack of registration is a myth
The current legislation does not provide for mandatory registration. Therefore, there is no penalty for the absence of one. Persons who want to leave the apartment, but have nowhere to register, should not be afraid in this regard. These experiences go back to Soviet times, where the lack of registration had consequences.
However, the Code of Administrative Offenses contains an article on fines for:
- lack of temporary registration in residential premises. This is necessary if the citizen plans to live in this place for more than 90 days;
- lack of registration in a residential property of real estate owned by a person by right of ownership. You must register within seven days.
The fine for lack of registration in the above cases ranges from 2 thousand to 7 thousand rubles. This article does not include persons who are relatives of the owner of the property. Namely:
- spouses;
- children;
- legal representatives, trustees;
- close relatives in a direct descending and ascending line (parents, grandchildren, grandparents).
How to discharge a person without his consent?
Is it possible to deregister a person from an apartment to nowhere if he is not the owner and does not want to be voluntarily deregistered? For example, the ex-spouse (husband or wives) do not want to be discharged. This question often arises before real estate owners.
In accordance with the norms of current legislation, a person who has a title document (extract from the Unified State Register of Real Estate) for a residential premises has the right to expel any person who is not the owner from it.
However, there are exceptions:
- children of the owner under 18 years of age;
- relatives in direct descending and ascending lines;
- persons living in the premises on the right of testamentary refusal. This is when the property was inherited by the owner according to a will, in which persons who had a lifelong right to use it were registered;
- persons participating in privatization and submitting an application for refusal in favor of the owner.
In the above cases, personal presence and an application for deregistration (extract) of the second party are required.
As for minors, they, too, not being the owners of residential premises, can be discharged to nowhere.
IMPORTANT ! If minors are not the owners of the residential premises, then when they are discharged, the consent of the guardianship and trusteeship authority is not required. A child can be discharged from a municipal apartment to nowhere only if there is a corresponding decision of the executive authority (guardianship) or by a court decision.
In practice, cases often arise when a former spouse wants to expel his wife and child from his apartment. If after the divorce the child’s mother ceased to be a close relative to the owner, then the child did not lose this status.
And, therefore, until he comes of age, he must live with his parents.
However, if the owner of the premises changes, the child’s relationship with him will be lost, which means he can be discharged in accordance with the general procedure.
Procedure for discharge
An extract can be issued by submitting the following documents to the FMS office:
- passport (it will be stamped with a deregistration stamp);
- an extract from the Unified State Register of Real Estate (to order a certificate, click here ), a certificate, or another document on the ownership of the object;
- completed application form;
- the departure sheet, duly filled out;
It is not possible to deregister in one day. By law, the discharge procedure takes 3 days.
So, it is possible to discharge yourself to nowhere. But it’s better to register as soon as possible. Not having a permanent place of residence has unpleasant consequences. Without registration, it is difficult to register with a doctor, enroll a child in school or preschool, receive benefits, and more.
Loading...
