An extract from the apartment may be required for each person for various reasons. It may be voluntary or compulsory. Any citizen must take into account the rules of discharge from the apartment. The procedure can be performed with simultaneous registration at another place of residence or nowhere. To do this, you can use the Internet or visit the passport desk. If necessary, a citizen can be forced to leave a dwelling without his consent, for which he will have to go to court.
Types of statement
Removing any citizen from registration can be done in two ways:
- voluntary procedure, which assumes that a person independently comes to the passport office and draws up an application based on which he is written out from the current place of registration;
- forced process based on an application filed with a court by third parties who have grounds for expelling a citizen from real estate.
The procedure for extracting a person from the apartment depends on whether this procedure is carried out independently by a person or on the basis of a lawsuit filed in court. If a forced expulsion of a citizen from housing is used, then a trial is certainly required. Only when the claim is satisfied is the citizen deregistered forcibly.
Voluntary Statement
The procedure can be performed by each person voluntarily. Usually, the reason for its implementation is a change in the region of residence, the purchase of new housing or the release of housing for sale.
According to the rules, the extract from the apartment is as follows. A man visits the passport office with a statement. A citizen is deregistered for 5 days, after which a new place of residence will be indicated in his passport. It is allowed to write out to nowhere, but only one month is given for registration at a new address.
The checkout procedure can even be done via the Internet.
Proxy statement
Everyone should understand the rules of registration and discharge from the apartment. Often, a citizen cannot independently engage in this process, so he has to resort to the help of friends or acquaintances. To do this, a power of attorney must be correctly drawn up, notarized.
The rules for extracting an apartment by proxy are as follows:
- on the basis of a power of attorney, powers are transferred to fill out an application and pass documents to passport office employees;
- first you need to make sure that the power of attorney procedure is allowed in a specific FMS unit;
- the representative must have a correctly prepared statement, a power of attorney certified by a notary, as well as a passport.
It is allowed, with the help of a power of attorney, to even receive a certificate of discharge of a citizen.
Automatic checkout
This process is performed if a citizen moves. In this case, the new place of residence requires you to come to the FMS office with a registration application at this address. Based on this, automatic deregistration at the last place of registration takes place.
Requests are carried out by the direct employees of the FMS, therefore, the presence of a citizen is not required for discharge. According to the rules of registration and discharge, registration and deregistration occur simultaneously.
What documents are needed?
The most commonly performed voluntary procedure is when a citizen himself decides to deregister at a specific address. To implement the process, the rules for extracting from the apartment of any citizen should be taken into account. Therefore, the necessary documents for this are pre-prepared. These include papers:
- passport, and copies of all its sheets are made, where there is any information;
- if an extract is made for a child, then his birth certificate is needed;
- a well-formed application in form No. 6, and you can get the form directly at the FMS department, and it is also allowed to fill out it in electronic form;
- departure sheet in the form No. 7, issued in the passport office;
- if a person, after deregistration, plans to leave the territory of the country, then an additional sheet of statistical accounting of disposal in form No. 12 will be required from him;
- extract from the house book, which indicates who is registered at a particular address.
Usually, additional documentation is not required, but often to clarify certain facts, employees of the FMS may ask the applicant to prepare other papers.
Features of the application
The rules of registration and discharge of any citizen are quite simple. For deregistration, it is important to correctly compose a statement, the form of which is issued at the FMS department. This document must contain the following information:
- name of organization to which the application is transmitted;
- information about the applicant submitted by passport details, F. I. O., place of residence and date of birth;
- information about the owner of the property where the citizen plans to move;
- indicates the request to remove the person from the register at a specific address;
- if a person is being issued with simultaneous registration at a different address, the presence of the owner of the new premises is required.
If a document is drawn up in the passport office, then if you encounter any difficulties, you can contact the institution for answers to various questions.
Voluntary discharge methods
The rules of extract and registration at the place of residence suggest that to complete this process, citizens can contact various organizations. Therefore, the procedure is performed in institutions:
- passport office at the place of residence of the citizen;
- MFC department;
- Management Company;
- Department of Internal Affairs of the region;
- filing applications and other documents via the Internet.
The choice of a specific method depends on the wishes of the applicant.
Discharge order
If a citizen decides to self-deregister, then the process is considered simple. Most often it is performed if you want to sell real estate. According to the rules, an extract from an apartment during the sale of housing is carried out in several successive stages:
- the necessary documents are initially prepared for discharge;
- they are transferred to the FMS office at the address of registration;
- additionally given to the employee of the institution a passport;
- within 5 days, the procedure of removing a citizen from the register is carried out, for which a corresponding mark is put in his passport;
- the necessary information is entered in the house books.
In addition to the standard extract, you can submit an application in which immediately the citizen will be registered in the new place of residence. In this case, you need to find housing in advance and obtain consent from the owner for the procedure.
How is the process performed over the Internet?
Increasingly, citizens prefer to use the Internet to receive various public services. In this way, even an extract from the place of residence can be performed. For this, sequential actions are carried out:
- a citizen is registered on the State Services portal;
- in the personal account, a tab is selected that offers to use public services;
- FMS is selected, after which there is a service involving the removal of a citizen from the register;
- Provides information on the rules for obtaining this service;
- after reading the rules, the “Get a Service” button is clicked;
- an electronic application is displayed on the page, where personal data about the applicant, submitted by his citizenship, place of residence and other information is entered;
- a certain department of the FMS is selected from the proposed list, where you will have to apply for discharge;
- previously entered data is checked, after which the sending of the application is confirmed;
- the document is processed within three days, after which the date and time of the visit to the FMS department are set;
- you must come to the institution with the necessary package of documents, and after checking the papers, the organization immediately puts a note in the passport on the removal of the citizen from the register.
This process allows you to not visit the FMS twice.
The nuances of discharge through the court
Not always citizens prefer to leave the place of residence on their own. Other persons who may be tenants or owners of the premises may expel a citizen by force. The procedure for extracting from an apartment in court involves taking into account the following points:
- the landlord submits an application to the court with other documents confirming the necessity and validity of the citizen's extract;
- proof of the need for the removal of a person is required, for example, it is confirmed that he does not pay utility bills, does not live in real estate or does irreparable harm to the property through his illegal actions;
- documents are submitted indicating that a particular citizen does not have the right to reside in real estate;
- such cases are considered in court within two months, and often even delayed for a longer period.
The plaintiff will have to pay a state duty, and often it is necessary to use the services of a lawyer. The procedure for discharge from an apartment without the consent of a citizen is complicated if he has a minor child living with him in this apartment.
What do you need to file a lawsuit?
To conduct a court hearing, on the basis of which a person is forcibly discharged from real estate, it is necessary to prepare a certain package of documents. These include the documentation:
- statement of claim drawn up on the basis of the requirements of Art. 131 GIC;
- copy of the plaintiff’s passport;
- extract from the house book, which indicates exactly who is registered in real estate;
- copy of the document confirming that the applicant is a tenant or owner of real estate;
- evidence of the lawfulness of the forced discharge of a citizen, for example, a certificate of the presence of a debt for utilities, testimony of witnesses, confirmation of a person's residence at another address or another;
- receipt of state duty equal to 300 rubles.
There are citizens who cannot be forced to write out even through a court of law. If a person is required to be discharged from municipal housing, this is permitted only if there is evidence from other residents that he does not live in the facility or violates the rules of cohabitation in various ways.
Who can’t write out?
Even through the court it is not always possible for the owner of the premises to write out other persons living in real estate. Such bans allow the state to protect the most vulnerable categories of the population from loss of housing. Therefore, it will not be possible to write out the following persons:
- minors temporarily in an orphanage;
- members of a housing cooperative;
- citizens who are recipients of testamentary denial, since under such conditions they retain the right to live in real estate for life;
- people who voluntarily refused to privatize, as they can live in this apartment for the rest of their lives.
Therefore, even if it is planned to sell real estate, but the above-mentioned persons live in it, then it will not work to write out citizens and conclude a deal.
Rules for discharge of children from the apartment
Significant difficulties arise if it is required to remove forcibly or even voluntarily from the register of children. This is due to the fact that the rights of minors are protected by the state. Guardianship authorities regularly monitor the conditions in which children live. In most cases, according to the rules of discharge from the apartment, minors can be deregistered only if there is an appropriate court decision. This takes into account where the child will be registered after discharge, since it is not allowed that the living conditions are worsened.
Parents can register their children at their place of residence without first obtaining consent for this process from the homeowner or other registered people. It is almost impossible to write it out under such conditions, even by forced means.
On the basis of the rules for discharging children from the apartment, it will not be possible to complete the process if the minor moves to a smaller property or to another district of the city, because he will have to change the school and the clinic. In addition, the court will require the presence of a representative of the guardianship authorities at the meetings. Employees rarely agree to an extract.
Therefore, according to the rules of discharge, a minor child can be released from the apartment only after a court hearing. If the child really lives illegally in the housing, then it is advisable to involve an experienced lawyer in the process, who will be able to prove to the court the objectivity and necessity of removing the minor from the register.
Often the court decides that the child is allowed to live in a particular property on a temporary basis. After the end of this time period, a forced discharge is performed. Usually a deadline is set until the moment a citizen reaches adulthood.
Conclusion
An extract from any home may be compulsory or voluntary. Each procedure has its own nuances. If the process is carried out independently by a citizen, then he can apply for its implementation to the passport office, the MFC or is allowed to submit an application through the State Service portal.
Difficulties arise with the forced discharge of children, as they are protected by the state, so a court session is required, where a representative of guardianship authorities is invited. There are certain citizens who cannot be deregistered forcibly under any circumstances.