Is it possible to discharge a temporarily registered person without his consent?

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If you spend a long time in a city where a person does not have a permanent residence permit, it becomes necessary to obtain temporary registration. This is given as much as 90 days, subject to permanent registration. People come and go, make temporary registration, but what should a homeowner do if for some reason it is impossible to obtain consent to check out, and the temporary registration needs to be canceled ahead of schedule?

Grounds for discharge without consent

In addition to the quite obvious reason for the expiration of the registration period, at which the registration is canceled automatically, there are several other reasons for completely legally depriving a tenant of a temporary registration:

• The tenant does not live in the apartment . He could move to another home, leave the city, or even go to another country. If a person does not return home to his permanent residence address and remains on the territory of the Russian Federation, he will still be required to register temporarily at a new address within 90 days. In this case, the previous temporary registration is canceled automatically. However, if a person did not register (violated the law), returned home (at the place of permanent registration) or left the country altogether, then based on the fact that the tenant does not actually live in the apartment, he can be deprived of such temporary registration.
• The tenant does not fulfill his obligations . Most often, temporary registration is issued to the person who enters into an apartment rental agreement. This document almost always specifies the obligation to pay the rent on time, as well as pay utility bills. The amount and features may differ slightly, in this case it is not important. If the tenant does not fulfill his obligations, he can be deprived of temporary registration. It should be remembered that you do not need to react immediately, but after about 3-4 months. A shorter period is still acceptable (problems with money, work, and so on), but if non-payment becomes regular and no attempts are made to correct the situation, then you can go to court.
• The tenant is using the apartment for other purposes . Some people use their home for work. For example, they set up a warehouse for finished products there, turn it into a confectionery shop, and so on. All this is the use of housing for other purposes. As a result, if you prove the fact of such misuse of an apartment, you can deprive residents/tenants of their temporary registration.
• The tenant has lost the right to use the property . This is most often true for young married couples. They quickly enter into a marriage and just as quickly dissolve it. Often permanent registration is not issued - only temporary.

Example : Young people, in a fit of passion, signed at the registry office and moved in together. They began to live in his wife’s apartment. Only temporary registration was issued. After some time, the couple decided to divorce. The ex-husband left the premises, but did not check out. It can be written out forcibly (without consent) on the basis of a divorce certificate.

• The tenant violates public order and legislation . Some tenants are very noisy, regularly organize parties, do not respond to comments from the owner, neighbors, and so on. If it can be proven that such violations are not special cases, but regular events, then such a tenant can be discharged from the apartment, depriving him of temporary registration.

Regardless of the situation, you always need to collect evidence. The court will not accommodate the applicant halfway solely on the basis of what he says. You will have to confirm your words. This could be audio or video recordings, testimony from neighboring witnesses, photographs, account statements, and so on.

The concept of temporary registration

Registration made at a location other than your permanent residence address is considered temporary. If a person is on a long trip or studying in another city, he is obliged to register temporarily at his place of residence. However, he is not discharged from his place of permanent residence. The same rules apply to foreign representatives.

Temporary registration gives a person the rights guaranteed by the Constitution:

• the right to free medical care;
• admission to kindergarten, school, university;
• official employment;
• the ability to use banking services;
• social Security;
• registration of documents of all types;
• full participation in the life of the region: elections, local government, etc.

You must register within 90 days.

The maximum period of temporary registration is 5 years. After this time it will have to be extended.

This is interesting: Important to know: how to discharge a minor child from an apartment with the right to use housing and without the right to use it

Procedure

Whatever the basis for discharging a temporarily registered person ahead of schedule without his consent, you will still have to go to court. It will not be possible to solve the problem with a simple statement of departure from the place of residence sent to the MFC, passport office, Ministry of Internal Affairs, and so on. A court decision is always required. Without it, all that remains is to wait for the expiration of the temporary registration.

If the validity period is not specified, then the registration is considered to remain valid for 5 years from the date of registration.

How to discharge a temporarily registered person

Peaceful ways to solve the problem

First of all, it is necessary to try to deregister the person on a voluntary basis. Even if it doesn’t work out, the owner will have evidence of attempts to resolve the conflict situation peacefully.

The owner needs to write a request for deregistration, and then send it to the residents - in person, through a representative or by courier. The request must indicate the date before which the registered persons must move out.

If the residents have not moved out on the specified date, they will need to go to court.

Another option is to wait until the agreement on granting the right to use the apartment or the temporary registration period comes to an end. After this, you need to go to the FMS with a request to cancel your temporary registration. If the documents provided are correctly completed, then specialists will terminate the temporary registration without the consent of the resident.

When applying to the FMS, you do not need to pay a state fee.

At the same time, owners often face the fact that employees of these bodies send them to court.

Going to court

In order to force a person out of his apartment through the court, the owner must perform the following actions:

• apply to the district court at the apartment’s registration address with a claim and evidentiary documents;
• receive a court writ of execution - in person or by mail;
• send a writ of execution to the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation, whose employees will remove the person from the registration register;
• draw up a claim to initiate enforcement proceedings;
• evict a person.

A similar procedure is used if it is necessary to evict a foreign citizen ahead of schedule.

From the moment the court ruling is issued, the person is removed from the register for 3 days. However, this period may increase to 3 months - for example, if it is necessary to evict a person from an apartment without his presence.

Discharge procedure

You can discharge a tenant with temporary registration early as follows:

1. Collect evidence.
2. Prepare documents for the court.
3. File a claim.
4. Submit an application to the court.
5. Pay the state fee.
6. Wait for the meeting.
7. Get a court decision.
8. Wait for the decision to take effect.
9. With a valid decision, contact the MFC (My Documents) or the passport office in order to discharge a temporarily registered person.
10. Receive documents confirming the fact of discharge.

Duration of the procedure

A peaceful resolution of the issue of deregistration through the passport department will take 3 business days from the date of submission of the application. The request can also be submitted through the State Services service or the MFC.

Interesting article: Peculiarities of leaving an ex-wife from an apartment

The trial period is allotted 2 months from the date of acceptance of the application (Article 154 of the Code of Civil Procedure of the Russian Federation). In difficult cases, the consideration is extended by decision of the chairman of the court for 1 month. Next, you need to wait for the court decision to come into force.

The time period is:

• 30 days if the defendant was present at the trial and did not appeal;
• 7 days if the defendant was absent from the hearing, received a copy of the decision and did not file a complaint;
• 40 days, if the temporary tenant was not at the hearing of the case, he was not given a copy of the decision and there is no response complaint.

Statement of claim for the discharge of a person with temporary registration without his consent

The most important point in this case is the statement of claim. This document must contain all the information on the essence of the application, but without unnecessary data - only facts supported by evidence. It is not recommended to include speculation or unverified/unconfirmed information in this document. The court will not take them into account anyway, and the very fact of the presence of such information may work against the plaintiff.

Contents of the claim

This document must contain the following information:

• Name of the court where the application is sent.
• Details of the applicant, respondent and representative (if required).
• General information on the essence of the appeal.
• Evidence of the plaintiff’s innocence with links to attached documents.
• Requirements for the defendant.
• Attached papers.
• Signature and date.

Sample claim

Documentation

When filing a claim, you must prepare and attach the following documents to the claim:

• Applicant's passport.
• Documents for housing (sale and purchase agreement, donation, privatization, etc.).
• Confirmation of the fact that utility bills have not been paid.
• Extract from the house register.
• Certificate of divorce (if one of the spouses needs to be registered).
• Evidence that the apartment owner is right: witness statements, video or audio materials, photographs and any other documents.

Price

The eviction itself is free, but when going to court you will have to pay a state fee. Its size is 300 rubles. In addition, if the plaintiff plans to act through a representative, he will also need to issue a power of attorney, the cost of which already varies from 2 to 5 thousand rubles (depending on the region and many other factors).

It is quite difficult to discharge a temporarily registered person without his consent. The main problem is to collect evidence that the applicant really has all the necessary grounds for this. At a free consultation, lawyers will tell you how, what and in what order it is best to do in order to achieve your goal. They can also act as representatives of the client in court, which, as practice shows, significantly increases the chances of approval of the claim.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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How to discharge a person with temporary registration from an apartment - a lawyer’s answer and a free consultation

The law of the Russian Federation allows the owner of a property to write out a temporarily registered person without his consent ahead of schedule, if there are compelling reasons for doing so. First, let's figure out what temporary registration is.

Temporary registration is needed when a person does not live at the place of permanent registration for more than one and a half months. It can be issued by agreement with the owner of the living space for a period of no more than five years.

Important! Staying in another city without registration for more than 90 days is punishable by a fine. If you receive a temporary residence permit, then there is no need to leave your permanent place of residence.

For what purposes is temporary registration issued?

As noted above, if you are going to live in a place that does not correspond to your registration for more than 90 days, then in order to avoid troubles you should temporarily register at the address of your actual residence. In addition, temporary registration may be needed for the following purposes:

• obtaining a loan;
• opportunities for official employment;
• receiving free medical care if necessary;
• the possibility of placing a child in an educational or preschool institution;
• preparation of necessary papers and documents;
• registration of social assistance or benefits.

Temporary registration requires the consent of the property owner. Children under the age of majority are automatically registered with their parents.

Premature discharge of a person temporarily registered in an apartment

Temporary registration is automatically canceled at the end of the period, that is, there is no need to prepare the relevant documents. However, situations often arise in connection with which it is necessary to discharge a person earlier than the deadline agreed upon and fixed in the contract. Here are the most common cases:

• the citizen left his place of temporary registration and moved to another city or apartment;
• a temporarily registered citizen does not pay utility bills for several months;
• the apartment is not used for its intended purpose;
• a citizen violates public order: he is rowdy, drunk, and does not comply with the accepted living conditions.

Important! The fact of disrespectful attitude towards the home and its inhabitants must be confirmed by people living in the neighborhood.

The owner of the residential premises initiates premature deregistration on behalf of all owners who have reached the age of majority by sending the following documents to the FMS:

• application of the appropriate sample;
• document confirming ownership;
• identification.

The presence of a temporarily registered citizen is not required for premature discharge. Minor children are automatically discharged from the territory of temporary residence along with their parents.

Important! Under no circumstances can temporary registration become permanent; even if the owner has not specified a period, it automatically terminates after five years.

The procedure for discharging a temporary resident without his consent

The law of the Russian Federation provides for a special procedure for the discharge of a temporary resident without his consent. Strictly speaking, the homeowner does not have the right to cancel the registration of a citizen without special grounds. The most common of them are listed above. However, even if one of these cases occurs, the temporary tenant is discharged only by court decision. To do this you need:

1. Write a statement of claim in the established form and send it to the court of the district where the apartment is located.
2. Prepare documents proving the circumstances due to which the owner wants to discharge the tenant.
3. Pay the state fee.

After a court decision is made, it is necessary to obtain a writ of execution and submit it to the appropriate authorities to remove the temporarily registered person from the register. A copy of the decision should be sent to the bailiffs, who are obliged to evict a citizen who has lost his registration from the living space if he refuses to voluntarily leave the premises.

Help from professionals in the case of deregistration of a temporarily registered citizen without his consent

If you are faced with the need to evict a temporarily residing citizen in your living space, and he does not want to do this voluntarily, you should seek help from lawyers.

They will tell you on what basis you can take this action, and will also collect the necessary evidence and competently draw up a statement of claim in court. If such a need arises, specialists will bring the matter to an end, monitoring the enforcement proceedings as well.

Contact our company and you can see for yourself that the laws of the Russian Federation protect the rights of every citizen.

Source: https://pravo-sfera.ru/pravo/kak-vypisat-vremenno-zaregistrirovannogo-bez-ego-soglasija/