Earlier in Russia, registration was an extremely important component. Now, this procedure has been replaced by the so-called citizen registration at the place of residence. The significance of the component has not changed. Registration must be with every resident of the country. It is necessary for a huge number of purposes. For example, to receive social support from the state or medical care. Nevertheless, there are sometimes cases in which a deregistration is required . For example, if a citizen decided to change his place of residence. It is not always possible to easily carry out the procedure. In some cases, it is necessary to compulsorily write out tenants from apartments. For this, a lawsuit is filed for deregistration. Its sample will be presented later. In addition, you will have to understand when it is possible and impossible to forcibly remove people from registration in a particular housing. What should each citizen of the Russian Federation pay attention to?
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Registration and registration
In the Russian Federation, it is now customary to distinguish several options for registration of the population. There is a registration and registration. In fact, as already mentioned, this is one and the same. But for now, the first term means registering a citizen in a permanent place of residence. In fact, a person is assigned the right to reside in a particular apartment.
The term "registration" in Russia is most often applied to temporary registration. In contrast to the permanent, a citizen is vested with the right to use a particular home temporarily.
A lawsuit for deregistration is often filed in case of problems with a citizen's discharge from a permanent place of residence. What should every resident of the country know about registration?
About registration rules
As already mentioned, registration and registration are extremely important components of the life of the population. According to established laws, in Russia every citizen is subject to registration. Otherwise, he is considered homeless.
The primary registration of the child is carried out at the place of residence of one of the parents. The same goes for registration.
When you are discharged from your previous place of residence, you must register at the new address within a week. Otherwise, the person will have to pay a fine in the prescribed amount and correct the violation.
Foreign citizens must also register in the country. Often they are allowed about 90 days in the Russian Federation without registration. Further, the person is either expelled from the state, or he does the registration. Most often it is a temporary residence permit.
It is these registration rules that the population must observe. There is nothing difficult or special about this. In general, the registration procedure does not take much time. But the extract sometimes makes you think.
Deregistration Options
To date, there are several options for removing a citizen from registration at a particular place of residence. The following situations are considered:
- Statement in view of the new registration. The rules of registration in Russia at the place of residence indicate that a person has the right to register for registration in one dwelling. If you change your place of residence, you will have to write out.
- Deregistration without re-registration. Actual for cases with prisoners or the military. Or when a citizen is going for permanent residence in another country.
- Registration with a temporary residence permit.
In addition, deregistration may occur in different ways. Extract happens:
- voluntary;
- forced (by court).
In the first case, the citizen himself appeals to the FMS with a corresponding request. And in the second, you will have to file a lawsuit to deregister this or that person. It is important to understand that simply discharging a citizen from a permanent place of residence will not work.
Grounds for court
When can an idea be realized? It is proposed to force a person out of an apartment only under certain circumstances. The grounds are spelled out at the legislative level.
The statement of claim for deregistration of the tenant will be accepted in the following cases:
- when it comes to a missing citizen;
- if a person is recognized dead in court;
- recognition of documents used at registration as invalid;
- upon loss of the right to use housing.
In practice, it is the latter scenario that occurs most often. Therefore, it is recommended to consider it in more detail. Otherwise, the claim for deregistration may be rejected.
Loss of residence rights
The fact that the Housing Code of the Russian Federation indicates a number of cases in which a person can be evicted from his home cannot be denied. Under what circumstances will a standard complaint be considered in court?
Loss of registration rights in the apartment occurs when:
- Realization of housing by the owner. For example, a person sold an apartment. Then all citizens registered earlier in the territory are discharged.
- The transfer of the apartment by testament, deed of gift or inheritance to another owner. In practice, it is not too common.
- Lose family ties with the landlord. Situations are common when spouses get divorced and a husband / wife needs to be evicted from premarital property.
- Termination of a social employment contract. Also a very rare case.
- Situations when housing was used for other purposes. Say, as a work office.
- Failures to return the apartment to its original form after illegal repairs and other changes. Redevelopment is leading here.
- Gross violations of the rules for the use of housing leads to the fact that the owner of the premises and even other tenants have the right to file a claim for the eviction of a negligent resident. Usually implies actions that entail a threat to other people. Or neglect of housing.
- Violation of the rights, freedoms and interests of neighbors. In case of constant complaints, say, about noise or perpetual repairs, tenants have the right to file a claim for deregistration of the noisy. In practice, such cases do occur, but not too often.
- Untimely payment for accommodation. This is a rented apartment.
- The destruction of a home that is rented by a person.
- Long-term absence of a citizen at the place of permanent residence. If the owner or any other registered person for about a year does not stay in the place where he is registered, does not pay utility bills (his share), it is allowed to judicially register.
It is recommended initially to resolve all issues without trial. Otherwise, it is necessary to prepare for the hearing.
Who is the plaintiff
It is important to know who has the right to file a lawsuit to evict a person from the apartment. Not everyone has a similar opportunity.
In Russia, they can act as an applicant:
- owners of the real estate in question;
- city administration;
- neighbors whose rights and interests are grossly violated.
If we are talking about people without ownership of the apartment, then the application for deregistration requires justification of actions. As already mentioned, it is unlikely that it will be possible to evict a citizen just like that. Only the owner has the right to write anyone out of his territory.
Documents for the court
An important nuance is the collection of securities required for filing a lawsuit. Documents for deregistration are diverse. They depend on the reason for the discharge.
Most often, you must provide:
- application of a standard form for the eviction of a citizen;
- ID of the plaintiff;
- documents on property rights to real estate;
- certificates of reason for discharge (certificate of death, divorce, recognition of missing, and so on);
- evidence of certain violations of residence (for example, unpaid receipts and testimony);
- extract from the BTI indicating all persons registered in the territory and personal account.
All listed papers are provided with copies. The lawsuit shall indicate as the defendant the person who is planned to be forcibly evicted.
After the trial
As soon as the owner’s claim for deregistration of this or that resident is filed, you should just wait. Within 5-10 days, the judiciary will set a date for the hearing. On it, by studying all the evidence and rebuttals, a decision on eviction will be issued. What's next?
What is the procedure for removing a person from registration forcibly? It is necessary:
- Turn to the court and get a decision, according to which the extract is recognized as legal.
- Write a request to remove a person from registration at the place of residence.
- Collect a specific list of documents (which will be discussed later) and attach to the request. It is advisable to make copies in advance.
- To apply with the application and the collected package of papers to the migration service of the district in which the housing is located. A court decision is necessarily attached.
- Wait a while.
Everything is not as difficult as it seems. The most difficult is getting a court decision. But as soon as it turns out to be the owner of the apartment, it will be possible to quickly write out a negligent tenant from the territory.
Documents for the Migration Service
What papers will be required after the satisfaction of the claim for the implementation of the task? The evicted person has the right not to appear on the FMS - the homeowner himself must make changes to the registered persons.
Will need to bring:
- documents of ownership of the apartment;
- court decision;
- owner's passport;
- application for deregistration.
If the citizen himself is discharged by court order, he can fill out the arrival and departure sheets. Nothing more is needed.
Sample Claim
And what does a sample claim for deregistration of a tenant look like? Its exact form cannot be established. After all, the main part will vary depending on the circumstances of the case. However, the claim template presented below is suitable for most cases.
A statement to the court may look something like this:
"I, Ivanov Ivan Ivanovich, am the owner of 1/2 of the two-room apartment located at Moscow, 5 Radishcheva Street, Quarter 7. Another half of the property is owned by my mother, Ekaterina Andreevna Ivanova.
As of May 1, 2008, the following are registered in this housing:
- Ivanov Ivan Ivanovich, I;
- Melnikova Arina Dmitrievna, my ex-wife.
On July 7, 2007, I divorced A.D. Melnikova. Since then, she has refused to leave my home. I ask you to extract the ex-wife in court. Documents of ownership attached. "