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Document design features
When drawing up an act, it is necessary to comply with the norms of the current legislation, only in this case the document will be accepted for consideration.
When drawing up an act of residence at a different address, a specially created commission must be present.
Please note! The commission includes:
- district police officer;
- neighbours;
- representative of the management company;
- interested people.
It is not prohibited for private individuals to draw up an act: neighbors, the owner of a residential premises, or a landlord.
There is no strict form of the document established by law. This means that the drafters are free to design the document, but they must adhere to a business style and logical sequence of presentation.
Independent document preparation
Drawing up a document confirming that a citizen does not reside at his place of registration is a rather complicated procedure. The lack of practical knowledge in the field of jurisprudence will affect the court’s attitude towards the plaintiff. Therefore, it is recommended to consult with a lawyer who has experience in resolving issues related to the housing sector. He will draw up a list of required documents that need to be prepared, tell you about the procedure for drawing up a document on non-residence, and explain for what period utility payment receipts should be provided.
There is no standardized document form, so it should be compiled in any form. Indication of illegal information (use of obscene language, entering deliberately false personal data of commission members) makes the act invalid, so it must be filled out as accurately as possible and in accordance with the legal requirements for the preparation of official documents. Below is an approximate sample of an act proving the citizen’s non-residence in the apartment.
Non-Residence Act
date of document preparation
Members of the commission:
- (full name, address, passport details)
- (full name, address, passport details)
- (full name, address, passport details)
Description of the circumstances of the inspection of an apartment or residential building, the results of this inspection. All data must be clarified - full address, names of defendants:
“An inspection was carried out in the inspected apartment (address), after which no personal belongings and the citizen himself (full name) were found. There is information confirming his absence from the registration address for more than 90 days.”
If the place where the defendant currently lives is known, it can also be indicated.
The date and place of drawing up the document on non-residence, you can clarify the time of the inspection of the apartment.
Signature of the first member of the commission
Signature of the second commission member
Signature of the third member of the commission
Signature of the district police officer, as well as a representative of the management company.
Cohabitation Act
A specially created commission records the place of residence of the person being inspected.
The act contains the following information:
- date, address;
- Full name and personal data of the person being verified;
- evidence confirming the constant presence of a person in the inspected residential premises;
- current place of residence (if relevant information is available);
- Full name and personal data of persons included in the commission;
- date, signatures of participants.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
The neighbors draw up an act containing the following information:
- Full name and personal information of neighbors;
- information about the person being checked;
- date, signatures.
The drawn up act is signed by the district police officer or a representative of the management company.
There is no special form provided for the act; free presentation of the text is allowed.
ATTENTION! View the completed sample deed of cohabitation:
Act of cohabitation, sample
An act of actual residence in a residential premises may be required during the eviction of a person who does not live at the place of registration or registration. A similar question may arise when there is an illegal rental of premises and it is necessary to expel the person at his place of registration. The paper also confirms that the person actually lives at the place of registration.
If a person does not live where he is registered for a long time, neighbors have the right to file a complaint.
An act of actual place of residence may also be needed in other cases, for example, when it is necessary to provide information to the investigation or the police.
Sometimes citizens ask to draw up a report if a person has not lived in the apartment where he is registered for many years and a recalculation of utility bills is needed.
The document has certain advantages, namely:
- A person evicted from an apartment loses his right to property;
- Promotes the eviction of neighbors if illegal rentals have occurred;
- Provides the opportunity to remove a person from registration in a residential premises if he lives at a different address, but does not want to be checked out;
- Gives the right to reimburse utility bills.
the purpose of the paper is to prove or disprove the fact of a person’s residence in the apartment. The document contains:
- Date of compilation and place;
- A link to data confirming that the citizen lives or is not at a specific address for a certain time.
If the actual address of the citizen is unknown, this must also be indicated. The document contains information about the citizens who took part in its preparation. The text of the document includes information about the status of participants in this process.
The act can be supplemented with the address and passport details of the citizens who signed it. Then the document is sent to the management company.
It should be added that the act of actual residence in many cases helps to resolve the situation with services dealing with migration issues.
If you want to draw up an act, you will need the signatures of neighbors and employees of the management company. In some cases, the document is certified by a notary.
Procedure for drawing up the document
The document is drawn up exclusively in the presence of the commission, it includes:
- Neighbours;
- District;
- Housing and communal services employees.
The legislation does not provide a clear form for this paper, so the act is written in free form. The execution of the document requires the presence of the owner, and an inspection must be carried out to confirm the applicant’s words.
The act of actual residence in the residential premises must include the place of registration and evidence of the information contained in the paper. Those present must sign, then the paper is transferred to its destination: to the management company, to the investigative committee, to the court, etc.
If possible, the initiator of the act must attach papers and certificates of the citizen’s actual place of residence.
If you need to confirm the fact of residence of a citizen, you must go to court. The application is submitted at the place of residence of the originator. You must pay the fee and ensure that witnesses come to the courtroom. Usually it is the neighbors who act as witnesses. It doesn’t matter where you submit the document; it is always certified by the Housing Office or the management company.
First, a citizen must go to the housing office and get a certificate of family composition. Then he draws up an application and draws up a document, supplementing it with some documents or copies.
Sample act of actual residence
As already mentioned, the document on residence or non-residence in the apartment is written in any form. We must remember that if a document does not contain certain details, it cannot be recognized as valid. The act must reflect the following information:
- Document's name;
- Full name and contact details of neighbors, details of their passports;
- The address of the apartment itself;
- Information about whether the citizen lives or does not live in the apartment;
- Date and signatures of all commission members.
The act is certified by the district police officer or housing department employee. It should be added that the non-residence document is sometimes drawn up by employees of investigative or administrative authorities. They draw up an additional act of inspection or collection of information.
A sample document and form will help you correctly prepare the paper, regardless of its purpose and purpose.
Form of act of actual residence from neighbors WORD 70.34 KB Sample act of actual residence from neighbors WORD 70.85 KB Act of actual residence WORD 69.92 KB Subscribe to our Yandex.Zen channel
Please note: If your common-law spouse confirms cohabitation in court, you will no longer need to prove anything. Helpful tip: Keep documents confirming your holiday together, such as travel vouchers, train and plane tickets.
Since you are vacationing together, it means there is a high probability that you also live together.
Act of cohabitation!!!!
From and (date of document preparation) We, the undersigned, confirm that the family consists of: M and (full full name (mother), date of birth) M and (full full name (father), date of birth) M and (full full name (child), date of birth) M and (full full name (of the child), date of birth) M and Live at the address: Chelyabinsk city, st. d. sq. and from to the present time. This fact is confirmed by neighbors: 1. Sq. rtt and (full name, signature)2. Sq. rtt and (full name, signature)3. Sq. rtt and (full name, signature) I confirm the registration of neighbors (full name, signature, position of the certifier) seal of the housing organization Act on actual residence Russian Federation Irkutsk region Bokhansky district administration ... "Providing municipal services for issuing certificates of residence, family composition, about cohabitation, for dependents,...
You will need
- - witnesses of cohabitation;
- - bills for the apartment;
- - receipts, invoices, checks confirming joint household management.
Instructions 1 First of all, go around to all your neighbors and ask them to testify that you and your common-law spouse lived together.
It will be very useful in court if your words are supported by other significant evidence, especially if these are statements of living people. If your witnesses are unable to get to the court hearing, collect written statements from them.
2 Prepare all material evidence confirming that your couple lived and ran a household together.
Signatories must be registered in their apartments. Full name, date of birth, in the period from (month, year) to (month, year) at the address: (city, region, address).
The certificate is given for presentation to (name of the institution of the Federal Penitentiary Service) The fact of cohabitation (full name) and (full name) is confirmed by the neighbors. Signature, full name, apartment number. Signatures (list the full name of the neighbors), I assure: And here there is a signature of the district police officer and a seal, or the chairman of the HOA WITH A SEAL, OR TOS WITH SEAL.
For FSI officers, the fact of confirmation of your joint residence is important.....
This fact can only be confirmed by people who live nearby, neighbors, but an authorized person can certify the neighbors’ signatures, so in this case it is the chairman of the HOA; they have no right to demand from you the seal and signature of the district police officer, since it is not enshrined in law anywhere that it is the district police officer who must certify or issue such a certificate.
AGREEMENT
on the procedure for exercising the right to use residential premises between the owner and members of his family
Olga Ivanovna Ivanova, hereinafter referred to as the “Owner”, on the one hand, and Sergey Vladimirovich Ivanov, hereinafter referred to as the “Owner’s Family Member”, on the other hand, collectively referred to as the Parties, have drawn up this Agreement as follows:
1. Ivanova O.I. is the Owner of a residential premises - an apartment located at the address: Moscow, Butyrskaya, 6, on the basis of a purchase and sale agreement dated August 14, 2010, which is confirmed by a Certificate of State Registration of Property Rights.
2. The specified residential premises with a total area of 65.4 square meters. m consists of two rooms with a living area of xx sq.m., xx sq.m., a kitchen of 10 sq.m., a bathroom of 5 sq.m., a corridor of 7 sq.m.
Source: https://nec-it.ru/akt-sovmestnogo-prozhivaniya-obrazets/
Rules for drawing up a document
The apartment owner and neighbors have the right to initiate the drafting procedure. It is compiled by employees of the management company.
The following requirements for the procedure are presented:
- Only a written form of the act is acceptable;
- the act itself is drawn up manually;
- the presence of the commission is mandatory;
- the presence of the apartment owner is required during its inspection;
- the text includes testimony from persons who participated in the inspection;
- an application is drawn up, which includes documents that are relevant to the case;
- if a person refuses to sign the act, this is noted in the text.
Signatures are provided by witnesses, as well as a representative of the housing and communal services.
Where can I complain about my neighbors illegally renting out an apartment?
Is it possible to install a camera in the entrance without the consent of the neighbors? Read here.
How to deal with noisy neighbors, read the link:
If the management company employees are not going to certify the document and are deliberately delaying time, contact your neighbors so that they can witness the inspection procedure. A notary also has the right to certify the deed.
ATTENTION! Look at the completed sample act of actual residence of citizens:
Watch the video. Registration at place of residence:
Advantages of this act
The purpose of drawing up the act is to establish the legal order of residence. The document helps speed up the re-registration procedure.
The act has the following advantages:
- the person who was discharged loses the rights to the corresponding share of the property;
- helps evict neighbors in case of illegal rental of residential premises;
- promotes the deregistration of a person living at a different address, but refuses to be deregistered voluntarily;
- contributes to reimbursement from the state of expenses for payment of utility bills.
Act from neighbors
Indicate the following information in the act:
- Title of the document;
- Full name and contact information about neighbors;
- information about the person’s residence in the inspected residential premises;
- date, signatures of neighbors.
The act can be certified by a housing department employee or a local police officer.
ATTENTION! Look at the completed sample act of residence or non-residence from neighbors:
Actual place of residence
The actual location is understood as the residential premises in which the citizen actually lives, although he is registered in another place.
A certificate containing information about your actual place of residence may be needed to calculate utility bills and resolve certain situations with migration authorities.
The document does not have a statutory form; the only condition is the availability of comprehensive information about the person being inspected.
Certificates are issued free of charge.
Act of actual residence - what kind of document is it and what is it for?
In simple terms, this act records exactly who lives (or not) in a certain apartment or house.
It is interesting that this document does not appear in any laws or even in the Housing Code. The only mention of it is contained in the Decree of the Government of the Russian Federation No. 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings.” However, the document is used in different situations.
Which organizations need it and why?
- Utility services.
According to the Decree of the Government of the Russian Federation, the consumer of utility services is obliged to inform the contractor (that is, the service provider) about the number of people living in the apartment. The act is submitted to the management company within five days (working days).
In addition, this document is needed to recalculate utility bills. For example, the owner leaves for a long period of time. Or lives elsewhere. If there is no act, then payments are calculated according to the number of homeowners.
But this is the case if he does not have metering devices installed. Metering devices include water, gas and heat meters.
- Management Company.
The management company needs an act on the number of residents to calculate utility bills and determine the actual load on the house.
- The Federal Migration Service.
If a person does not live at the address at which he is registered, then the FMS deals with this matter. Especially foreign citizens and stateless persons temporarily staying in Russia.
- Investigative authorities.
The police need information about your actual residence. For example, if there is an eviction case or an illegal rental case.
Thus, this document has a very wide scope of application by various authorities.