Private houses are attracting an increasing number of people as places to live. Often whole families live in cottages or other residents are registered. Of course, there is no escape from conflicts – sometimes it becomes necessary to expel a person from home. But it’s one thing when the tenant doesn’t mind de-registration on his own. And a completely different case is when consent is not obtained, even though the person lives at a different address.

There is a need to remove a tenant from a private household without consent. We will try to figure out how to act in such a situation and what difficulties the home owner will face.

Grounds for removing a person from home without his consent

The law identifies several grounds on which a person can be discharged from home even without his consent:

• Intentional residence at another address

A fairly common case is that a person is registered in his parents’ house, but has long since moved to a new place and settled there. Often the whereabouts of a person are unknown, so the owner of a private home has the right to deregister the person in court.

• Real estate transactions (sale, privatization)

Intending to sell the house, the owner tries to sign out family members and sign out himself. Therefore, if there is a need to deregister the tenant of the house, but the latter refuses, the option remains with the court.

• Divorce

Termination of family ties entails the ex-spouse's expulsion from a private home (Part 1, Article 35 of the RF Housing Code). But this is only possible if the house belongs to one spouse and is not jointly acquired property during marriage.

How to expel a non-owner from a house without consent through the court

Transferring the case to court triggers the mechanism for the forced discharge of a person. First of all, you need to find out the chances of a successful outcome of the case. It is very difficult to cope with the assessment alone. It is always advisable to involve a practicing lawyer. By acting together with a professional, you will prepare strong grounds and will not run into a counterclaim from the defendant.

Procedure and procedure

Court cases from the registration category are considered by district (less often city) courts. The main purpose of going to court is to recognize the loss of the right to use residential premises. Often there is a need not only to discharge, but also to evict a person. Then the plaintiff makes two claims at once.

It is important to note that courts do not remove residents from private households. The function of deregistration is assigned to the UVM or “My Documents”. Registration is often carried out in passport offices at the Management Company (Federal Law No. 5242-1 of June 25, 1993).

Instructions for removing a person from home without consent:

1. Notifying the tenant about discharge through the court

It is impossible to discharge a person without first notifying him of the intention to go to court (Article 113 of the Code of Civil Procedure of the Russian Federation). The notice is sent in the form of a summons from the court. Upon receipt of the notice, the defendant signs, after which the notice is sent back to the court. If the notice reaches the addressee, but no signature has been placed, the notice is considered executed.

1. Drawing up a statement of claim

The form marked “Statement of Claim” is filled out taking into account the specific circumstances of the case. Below is a sample of filling out a statement of claim. But it is best to contact a lawyer. Each case is individual, therefore, you need to substantiate your requirements and point out real life circumstances (for example, the defendant lives at a different address or disturbs the peace of the residents in the house). A lawyer will help you formulate a number of claims into one general one or draw up several statements of claim.

1. Submitting documents to court

The collected materials are transferred to the reception office of the district (city) court - to the secretary of the court office. You must first pay the state fee - either at the courthouse or at the bank cash desk. Documents are checked for legal literacy. If there are no complaints, the secretary accepts the documents and issues a receipt of acceptance. If any inaccuracies are found in the collected package, the claim will be rejected. It will be necessary to eliminate the violations and re-file the claim.

1. Attendance at preliminary hearings

Civil claims are considered by the district court within 2 months (clause 1 of article 154 of the Code of Civil Procedure of the Russian Federation). Once the case is underway, the judge will set a date and time for a preliminary hearing. The owner of a private house has the right to petition the court to send judicial requests to the authorities. For example, for an extract from the Unified State Register or to the government authorities at the place of registration of the house. Usually this is the Pension Fund, clinic, insurance, passport office, housing office, post office, etc.

1. Participation in main hearings

The presence of the plaintiff or his representative (lawyer) is mandatory. If the defendant does not appear in court, a decision may be made in absentia to expel a citizen from a private home (Part 4 of Article 167 of the Code of Civil Procedure of the Russian Federation). The plaintiff substantiates each claim (if there are several) and may involve witnesses. The judge makes a decision based on the evidence provided and taking into account the competitive nature of the parties at the hearing.

1. Obtaining the final court decision

A court decision in person or in absentia comes into force no earlier than one month after the end of the hearing. An additional 7 days may be assigned. Time is given for the defendant to appeal the court decision (Article 321 of the Code of Civil Procedure of the Russian Federation). If there is no appeal, the plaintiff will be able to obtain a copy of the court order from the office.

1. Extract from a private household

The final stage is affixing stamps to deregister the person from the home. The entire procedure is carried out by employees of the district department of internal affairs or intermediaries represented by “My Documents” of the State Budgetary Institution MFC. There are alternative options for extracting from a private home - through, through or.

Statement of claim for discharge from a private home without consent

Valid reasons for removing a person from home without consent are formalized in the form of a statement of claim. We strongly recommend that you draw up your claim together with a lawyer, otherwise there is a risk of making mistakes.

• “Cap” – the name of the court, address, full name and contact information of the parties (plaintiff and defendant) are indicated. Below is the price of the claim (0 rubles) and the amount of the state duty (more on that below).
• The main part of the application is the full name of the plaintiff, the location of the private house, information about the defendant’s registration (date and year). Point out the long absence of the defendant from the house, the absence of obstacles from the plaintiff and his family members, the absence of the defendant’s personal belongings in the house, debts or neglect of household duties. Provide evidence with reference to articles of housing, civil and family legislation.
• The requirement for the court is to recognize the defendant’s right to use the residential premises as lost.
• List of attachments (documents) to the statement of claim.
• Date in the format "hh.mm.yyyy".
• Plaintiff's signature.

The owner's claims are of great importance. It is on their basis that a strategy for protecting interests is built. For example, an extract from a private house through the court requires evidence of the person’s absence from his place of registration. The eviction of a tenant from a living space involves other circumstances - rowdy behavior, quarrels with neighbors, damage to property in the house. Only a lawyer can determine the exact circumstances.

Required documents

The application submitted by the plaintiff is accompanied by documents. Judges pay attention to those that contain evidence in favor of the applicant's claims. Therefore, collecting documents is a rather responsible task, on which the outcome of the trial depends.

The list of documents is as follows:

• copy of the plaintiff’s passport (page spread);
• documentary evidence of ownership of a private house (certificate);
• on what basis this right was acquired (a house purchase and sale agreement, a certificate of inheritance, a deed of gift in favor of the plaintiff, an exchange agreement, etc.);
• extract from the house register (required!);
• certificate of divorce (if ex-husband/wife is being discharged);
• written evidence of sending the claim to the defendant (postal items with a stamp or signature of the defendant on receipt, a written refusal to write voluntarily);
• receipt of payment of state duty;
• other documents (if necessary).

A package of documents is submitted along with the statement of claim. If something is missing, the secretary of the office will report it. It will be necessary to provide the missing documents and submit the package to the court for consideration.

Please note that the statement of claim and documents are submitted in at least 2 copies, and if there are more defendants, then a copy for each of them. After receiving the documents, the secretary of the chancery sends copies to the defendants - a notice of transfer of the case to court.

Dates of discharge

It is impossible to give an unambiguous answer about the time for court proceedings. There may be several court hearings - then the discharge from home will last for up to six months or a year.

Main deadlines:

1. Consideration of the claim - from 5 days to 2 months.
2. Preliminary and main hearings – up to 1 month.
3. Time to appeal - 1 month.

There are cases where the defendant filed endless complaints, thereby delaying the trial. Such liberties occur if the plaintiff acts independently, without involving a lawyer. And, on the contrary, by entrusting the management of your business to a competent specialist, you don’t have to worry about the result. Even if the opponent wants to drag out the case, the lawyer will do everything possible to prevent procedural violations, which he will inform the court about.

State duty and expenses

Going to court is a costly undertaking. The minimum costs that the plaintiff bears are: 300 rubles state duty. The amount may be higher if several claims are filed at once.

Costs may be associated with contacting a notary. For example, for approval of a house purchase and sale agreement. It is better to find out in advance how much a notary charges for legally significant actions.

Arbitrage practice

The peculiarities of considering cases of removing a person from home in court depend on the claims. For example, if the plaintiff intends to discharge a tenant from a country house, then it is necessary to justify the fact of loss of the right to use the housing. The judges carefully study the information provided by the plaintiff. A striking example: the defendant does not live in the house only temporarily (studies in another city) - the claim will be rejected or the discharge will occur for a certain period.

In addition, courts often accommodate defendants halfway. For example, if the latter have nowhere to live or are experiencing financial difficulties. Usually in such cases judges grant a deferment for discharge/eviction from home. There are no legally established deadlines - the individual characteristics of the case are taken into account; most often those discharged are given from 3 months to 2 years.

Owners are provided with a full range of rights in relation to the property they own. However, when implementing them, they should not violate the interests of others. Housing legislation protects not only the interests of apartment owners, but also those living in it. We will talk further about whether the owner of the apartment has the right to deregister a registered relative.

Can an apartment owner evict tenants without their consent?

According to civil law, owners can dispose of their property as they wish. Owners of residential premises have the right to provide other persons with the opportunity to live in their apartment. These do not have to be their relatives; any person can use the housing with the consent of the owner.

However, most often their relatives, the second member of the marriage union and children are registered with the owners. According to housing legislation, the following persons are considered family members:

• legal official spouse;
• children (natural and adopted);
• parents.

Other relatives (grandparents, brothers, sisters, etc.) may be recognized as a member of the family union of the owner of the housing if he moved them into the apartment in this capacity. Usually, citizens are discharged at their request based on an application submitted to the registration service.

It is possible to deregister a registered person without his will if certain conditions are met.. To carry out the procedure, it may be necessary to apply to the courts.

Adult child

Special rules for discharge are provided for children under the age of majority.

Regardless of whether the child is registered in his own or a municipal apartment, it is not so easy to discharge him.

When a child reaches adulthood, he is discharged from housing in accordance with the general procedure. Although even a grown child remains a close relative of the owner of the apartment and has the right to live in it.

Parents

Parents registered in the apartment have the right to use it on an equal basis with the owner. They may lose this right if their parental rights are terminated. In other cases, deregistration is made either with their consent or through the court on the grounds provided by law.

Relative with a minor child

The legislator has special requirements for the discharge of persons under the age of majority. By law, children under fourteen years of age (minors) must live together with their parents (persons replacing them). Even if a mother or father is deprived of parental rights, the child does not lose the right to use their apartment.

Consequently, it will not be possible to discharge a minor separately from his parents or to “anywhere.” In addition, if the child is the owner of part of the housing (the entire apartment), then to remove them from the register, consent from the guardianship and trusteeship authorities will be required.

After a divorce, a minor usually remains to live with one of the parents. In this case, by mutual agreement or in court, his place of residence may change. From the age of ten, the child’s own opinion on this matter is also taken into account. For example, he is discharged from father to mother or vice versa.

When children move from one place of residence to another, the consent of the second parent is required, even if the marriage is dissolved. When changing housing, the living conditions for the child should not worsen.

Other relatives

Other relatives can be discharged from housing on general grounds. They may lose their right of residence, move to live in another place, or go missing.

The death of a person is also grounds for deregistration.

Conditions for discharge, grounds under the law

Housing legislation provides close persons living with the owner with equal rights to use the premises. If the family relationship is terminated, the right to use the housing is not retained. In this case, former relatives must move out of the occupied premises.

If a person who has lost the right to use housing does not want to be discharged, the owner can initiate this procedure without his consent. The need for a relative to leave the home may also arise in the event of alienation.

When completing a transaction to sell an apartment, all persons registered in it must vacate the premises.

Who cannot be discharged

Problems with deregistration of relatives can arise for several reasons. It will not be possible to deregister a child if the guardianship and trusteeship authorities do not give the appropriate permission. When children are discharged, they must be provided with new housing that will meet all established standards. .

Housing legislation also provides persons registered with the chance to remain in the apartment after the termination of family relations. If the former family members of the owner of the property do not have another place to live or the means to purchase it, then the court may temporarily preserve the opportunity for him to use this premises.

In this case, the relative lives in the apartment for a period of time determined by the court. The court also has the right to oblige the owner of the apartment to provide housing for former family members for whom he has alimony obligations.

In addition, it is impossible to discharge a person who also has rights to this residential premises without his consent.

Where to go to apply

There are several ways to register a person in an apartment or to leave it. The first step is for the homeowner to contact the registration authorities. Registration issues are managed by the migration divisions of the Ministry of Internal Affairs.

You can also apply for registration (extract) through multifunctional centers (MFC). Today they are open in almost every city. MFCs operate on the “single window” principle. You can make an appointment at the center in advance using the electronic queue.

You can also submit your application and necessary papers electronically through the government services portal. To receive services on the portal, you need to register on it. After submitting and checking documents, they are sent to the appropriate department of the migration service.

Step-by-step discharge procedure

If there is a need to expel a relative from your apartment, it is important to determine several points:

• resident status;
• the presence of a special procedure for deregistration (for minors, for example);
• availability of consent for discharge.

If you have the resident’s consent to deregister, you simply need to go to the registration office and submit a completed application and documents. After checking them, the tenant is discharged from the apartment and registered at a new address. The corresponding stamp is affixed to the passport.

If the deportation is carried out forcibly, then you must first go to court. To do this, you need to prepare a claim, pay a state fee, and collect evidence. A court decision made in favor of the applicant will be the basis for the eviction of the tenant from the privatized apartment.

To obtain an extract, you must contact one of the above authorities.

If there is a judicial act, deregistration will be carried out forcibly. By law, the deregistration procedure is carried out within three days.

Required papers

Residents are deregistered upon presentation of a certain package of papers. If the discharge is carried out voluntarily, an application will be required. In addition, you will need other documents:

• passports of the owner and the person being issued;
• documents on housing rights;
• other papers (death certificate, permission from guardianship authorities, court decision);
• power of attorney for the representative if he is submitting papers.

If necessary, registration authorities may request other documentation.

How to write a statement

Registration in Russia is of a notification and declarative nature. Registration and discharge are usually carried out on the basis of an application filled out according to the approved form.

It must be filled out correctly and not contain errors, corrections, or blots that make it difficult to read or understand. The document is filled out in Russian. It requires indicating the address of the premises from which the deregistration is being carried out, information about its owner and the tenant being deregistered.

You can submit an application in person, by mail, or electronically through the government services portal. Documents can be submitted through a representative with the appropriate power of attorney. A sample application can be found at the link below.

Download the application form for discharge. ⇐

When the issue is resolved through court

If there is no consent for discharge or another unusual situation occurs, then judicial intervention will be required. For example, if the ex-husband has been living at a different address for a long time, but has not checked out. Evicting him or another relative if he is not actually in the apartment will have to go through the courts.

A judicial procedure will also be required in the event of the death of a registered relative, his recognition as deceased, or the establishment of violations by residents of the rules for the use of residential premises. The basis for forced eviction is also the loss of family ties with the owner of the property.

The refusal of the registration authorities to issue an extract can also be appealed in court. In this case, the applicant will have to prove the illegality of the actions of the migration service employees.

Living in an apartment indicates only one factor - the tenant is registered in this premises. Registration can be temporary or permanent, but does not always correspond to ownership. In simple words, a tenant can be registered in an apartment, but will not be its owner and vice versa. It is the duty of every Russian to have registration, but this does not mean that everyone has personal housing.

This often raises numerous questions among citizens. Sometimes people go to acquaintances and relatives halfway, register them in an apartment, and then cannot register them. I was faced with a problem regarding whether I, as the owner, have the right to expel registered people from the apartment without their consent. Since many Russians also have such difficulties, more details on this issue can be found in the presented article.

According to the law, the owner of the property has the right to register and deregister citizens from their homes. In case of deregistration of a person, his consent is required. This will simplify the procedure and relieve the property owner from a number of difficulties. In the absence of this, the owner of the apartment will have to file a lawsuit and discharge unwanted tenants with the help of bailiffs.

It turns out that the owner can expel another person from the home without his consent, but at the same time, it will take a lot of time to implement the entire procedure. As a result, eviction will occur through the courts and by force. Legislatively, all issues related to the discharge of residents are regulated by RF PP No.713. This legal document provides the most complete description of actions on this issue.

Who can the owner of the home deregister and how?

There are several situations where a landlord would want to forcefully remove a specific person. This is possible under the following circumstances:

• a registered citizen has changed his place of residence or has been declared missing;
• the person has died and is unable to give official consent to his own discharge;
• the registered person has lost the right to use housing;
• the person received registration in violation of Russian legislation;
• Facts have emerged that the registration was initially fictitious.

Under individual circumstances, all issues relating to the eviction of tenants and their deregistration will be considered by a judicial authority.

How does the apartment category affect the statement?

Another important factor is also important - from which apartment they want to discharge the citizen. If we are talking about municipal housing, then legislators turn to Article 91 of the Housing Code of the Russian Federation.

Here is the basis on which this can be done:

• the dwelling is not used for its intended purpose, for example, a retail outlet or office providing services was opened on the territory of the apartment;
• the tenant intentionally worsens the condition of housing and other property;
• the rights and interests of neighbors and other residents are deliberately violated;
• no payment for utility services for the last six months.

If these circumstances arise, the complaint is sent to the municipality and then each party receives appropriate notification of the decision made. In a privatized home, everything is somewhat simpler. When one person is the owner, the home will be at his complete disposal. Similar rules apply under any circumstances. When spouses are registered in housing, then after a divorce, the second loses any rights to housing.

Is it possible to discharge an unwanted citizen without going to court?

Unfortunately, in the absence of consent from the resident, going to court is the only effective option for his discharge. You can, of course, try to send the citizen a proposal for an extract in writing and by agreement, but this option rarely gives positive results.

At the next stage, the tenant is sent a complaint stating that he does not want to check out of someone else’s apartment. In the future, the document will help prove your position in court and facilitate the discharge of a resident citizen.

When a subject behaves inappropriately and disrupts public order, a report can be filed with the police. This will prevent you from entering into open conflict and will help you resolve the problem faster. The easiest way to discharge is to obtain the consent of the resident. In this case, it will be enough to go to the Ministry of Internal Affairs and submit an application.

Persons who are prohibited from being deregistered

There are several groups of citizens who can stay in the apartment in any case. In simple words, without consent or with it, it will not be possible to write them out. Worth mentioning here:

• property owners;
• minor children when there is no suitable housing for relocation;
• persons registered in the apartment before privatization and not participating in the procedure;
• people who do not have any housing.

It is the right of any owner to remove people from an apartment. Legislatively, this right is very seriously protected, therefore, most likely, the court will take the applicant’s side.

Conclusion

The presented material can be concluded with the following conclusions:

1. Each owner of real estate has the right to register or deregister other citizens in his apartment.
2. To apply to a court to deregister a person, there must be appropriate grounds. They are spelled out in more detail in the relevant legislative act.
3. There are groups of people who cannot be “removed” from their homes at all. These include children and citizens who do not have housing.

The registration authorities fix the address of the place of permanent or temporary registration of a particular person, and make a corresponding entry in the accounting database. And as long as this record exists, the person is considered registered at this address. This means he can live there.

When a registration record is changed or deleted, the person is removed from the apartment. In this case, the discharged person no longer has the right to use the living space of his former registration.

You can discharge yourself and voluntarily by simply filling out an application and attaching the relevant documents to it. Otherwise, it is necessary to go through a long procedure of obtaining a court decision to discharge the tenant; or at the registration authorities you need to attach documents that confirm the grounds for discharge.

Why do you need an extract?

Most often they are discharged from an apartment/house when:

• place of residence changes;
• they are planning to move, but where they will live is not yet known;
• temporarily vacate living space;
• sold the apartment.

The procedure of forced deregistration is resorted to when the interests and rights of property owners are violated.

In what cases may it be necessary to check out of an apartment without a person’s consent:

1. They are planning to sell their apartment and need to remove encumbrances.
2. The couple is getting divorced. You need to evict your ex-husband/wife. In this case, the property was purchased before marriage by one of the spouses.
   But! If the apartment was privatized during marriage, and one of the spouses actually renounced their right to housing and refused to participate in privatization, then it is practically impossible to discharge this person. The owner can dispose of the housing, sell it, rent it out. But there is no way to write out your ex-spouse.
3. It's simply impossible to live together. The discharged person is rowdy, mischievous, aggressive, and leads an immoral lifestyle.
4. The registered person does not participate at all in the maintenance of the house/apartment. If a person does not live in an apartment for a long time, does not pay for utilities and does not monitor the condition of the housing. However, he lives at a different address.
5. The previous owner forgot to register other people. This often happens when real estate was inherited.
6. The person does not have the right to use housing, but does not want to be discharged.
7. The person being discharged lives at a different address.
8. The “tenant” does not live at all, but uses the property for commercial purposes - animal care, a creative workshop.
9. A parent deprived of parental rights cannot be registered with the child together. The child can be registered independently.

All of these described cases are grounds for deregistration from the apartment by the owner through the court, if it was not possible to agree on voluntary deregistration.

But without legal proceedings and without consent, you can expel a non-owner tenant from the apartment in the following cases:

• The person has died and there is a certificate of his death (or there is a court decision recognizing the fact of his death).
• The registration was obtained in violation of the law or using forged documents. And there is all the evidence confirming this fact.

Voluntary and forced discharge

Russian legislation strictly regulates all procedures for registration and deregistration at the address of residence. To quickly discharge a person, you need to strictly follow the prescribed procedure and collect all the necessary documents.

Many questions arise when there is a need to discharge a tenant or to discharge oneself from an apartment or house. Usually, the person who is discharged personally goes to the passport office or other representative office of the registration authorities. There he writes a statement and provides documents. And then, based on this documentation, an extract is issued.

But such deregistration is not always possible. Sometimes the person being discharged simply cannot reach the passport office (physically or due to other circumstances). Sometimes residents do not want to check out and leave the house. And how to discharge a registered person from the apartment in these cases? Who can remove a tenant from an apartment?
Then only the owner of the property can deregister the person registered in his home.

Reference! There are two types of registration: permanent - registration at the place of residence - and temporary - at the place of stay. With permanent registration, the tenant can use the living space unlimitedly, without any time restrictions. Temporary registration limits the period of residence of a person. And when this period ends, registration automatically ends.

Legal standards

Let's consider what laws, acts and regulations stipulate the registration procedure.

How to legally discharge a tenant without consent? In order to deregister a person without his consent, you need to confirm that this person does not have the right to use this housing. The procedure for the owner to check out registered residents from an apartment is also clearly regulated. It is necessary to confirm with documentation or through a court decision the lack of right to use housing.

Emerging nuances

The extract can be with simultaneous registration (registration) at another address or without it.

When there is somewhere to register, there are no problems. You need to submit completed applications for deregistration and registration at another address with a supporting document attached, for example, a purchase and sale agreement.

But when a person is discharged “into the void,” difficulties arise, because every citizen of Russia is required to have a registration.

Possible cases when it is necessary to be discharged without registration:

1. The house has been sold, but a new one has not yet been purchased.
2. Leaving the country.
3. You will be forcibly evicted from your house/apartment.

When they are discharged with further registration, the person being discharged is given a departure slip, on which they write down the expected address of future registration. But at the same time, this address is not at all mandatory for further registration. This address only indicates that the discharged person will have a place to live. You can write any existing address on the departure sheet.

Attention! But from the moment of discharge, the citizen is obliged to make a new registration within a week (7 calendar days). Otherwise, there will be fines ranging from 2 to 2.5 thousand rubles.

What documents will be required

If the owner previously registered a person in his home, then in order to check out, you will need two things - only a passport and an application; sometimes they may ask for papers confirming the previous registration (for example, a rental agreement).

How can an owner remove a registered person from an apartment? You must present papers confirming the grounds for deregistration - an expired lease agreement, a court decision, a death certificate, etc. It is advisable to indicate this reason in the standard application in the column “Reason for deregistration.”

You may also need additional documents, for example, a copy of your personal account. It is usually provided when the owner is evicted from the property. This document will show the absence or presence of rent arrears.

If you immediately register your place of residence/stay at a new address, you must fill out and submit the appropriate application and documents confirming the legality of the registration.

Algorithm of actions

To ensure everything goes smoothly, prepare the necessary documents in advance. Then go to the registration authority (passport office, FMS department or MFC) and there take a sample application, fill out the form and submit the necessary papers along with the application.

After three days, you should receive a passport with a note indicating deregistration at this address or another document confirming the deregistration.

Independent discharge

If a person decides to discharge himself, then no one can forbid him to do so - contact the registration authority (passport office, branch of the MFC or the Federal Migration Service), write an application, and give it along with his passport and other documents for discharge.

When it is not possible to come to your previous place of registration, you can contact the registration authority office at your current place of residence and register at a new address. Based on the data that is in the general registration database, an extract is made from the previous address of registration and registration at a new address.

The second way to issue an extract when you are far from your registration address is to entrust deregistration to a trusted person. However, it is worth noting that not all FMS branches accept documents with a notarized power of attorney.

Extract through the State Services website

To register online, you need to go to the State Services website. To use the option of electronically issuing statements, you must be registered on the site.

Login to the site. Select the “Popular on the portal” section. There, find and click on the entry “Registration at place of residence or stay.”

Select the appropriate item “Deregistration at the place of residence.” Further:

• select the type of service received - electronic service;
• if necessary, log in to the portal (click on the “Login” link and enter your portal registration data).

On the right side there is a “Get service” button. Click it and fill out all the required fields:

• type of applicant (the application can be submitted for yourself, as a representative of your child or an incapacitated relative);
• your personal and passport data;
• old and new registration address;
• indicate the reason for deregistration (conscription for military service, conviction to imprisonment, recognition as missing, death, etc.);
• indicate whether you have another citizenship, as well as other additional data;
• and at the end, select a department convenient for visiting;
• Check the box next to your consent to the processing of personal data.

Click the "Submit" button. And wait for a notification in your personal account about the date of the FMS visit.

Three days later (at the appointed time) come to the address you specified on the branch’s website. You need to take the original documents with you to present them.

Military discharge

Men (and less often women) liable for military service may be required to present their military ID (or other document relating to military registration). However, military registration and registration are in no way related to each other at the legislative level.

Attention! Since 2002, those who are faced with a requirement to present a military ID can file a complaint with higher authorities, since the requirement for a military ID is illegal.

The owner of the property can discharge the registered tenant if he has been drafted into the army. To carry out the procedure, you will need to present a notification from the military commissariat. However, in any case, a personal statement from the registered resident is required.

Discharge after the death of a resident

To discharge a deceased person from his place of registration, you need to obtain a certificate of his death. It is issued at the Mortuary. Or it can be issued by a doctor who observed the deceased during the illness.

Next, with this certificate and the passport of the deceased, you need to contact the registry office. A death certificate is issued in person on the basis of these documents.
Next, three documents are submitted to the registration authorities - an application for discharge, a death certificate and the applicant’s passport.

Sometimes they may also request documents confirming relationship with the deceased - birth certificates, marriage certificates, divorce certificates and other documents.

The deceased person is discharged in the same way, within the standard time frame. After checking the documents, when three days have passed.

Discharge of the child

When a child is just registered in an apartment/house, his legal representative can sign him out. Fill out and submit the application.
But! If the child is under 10 years old, then a new registration can only be issued at the place of residence of their legal representatives - parents, adoptive parents or guardians.

From 10-14 years old, a teenager can be registered with a grandmother, aunt, uncle, grandfather - close relatives.

From the age of 14, a child can be registered separately.

When deregistering a child owner, the official consent of the guardianship authorities is required. And it is issued only if the minor is provided with the same or even better living conditions, as well as a corresponding share of property.

How to discharge a person from an apartment through the court

If a person does not want to be discharged on his own, then he needs to go to court. The owner will be forced to leave the apartment. Let's consider how the owner can expel a person from the apartment.
Prepare documents indicating the loss of the right to use housing. What does it take to sign a person out of an apartment?

Prepare a claim that meets all the requirements for statements of claim. Indicate the essence of the requirement, its grounds, legislative norms and a list of evidence. At least one of the owners must be noted in the statement of claim.

After this, you need to follow the pre-trial procedure for resolving the dispute - give a copy of the claim and all documents attached to it to the person being issued (the future defendant) with a request to independently deregister. Is it possible to discharge a person without his knowledge? Theoretically, no, because documents are served directly in person in front of witnesses or through a registered letter with notification. That is, he will know about the trial.

And only after this the discharge procedure through the court takes place.
If the defendant does not come to court, the trial will still take place. And his case will be considered without his participation (in absentia).

The court, in the presence of the plaintiff, will consider all the grounds and evidence. If the answer is positive, a decision will be issued on forced deregistration. The defendant has a month after the court made a decision not in his favor. Only after a month can you contact the registration authorities, since during this time there may be another court where the defendant can appeal the previously issued decision.
Now, having a court decision in hand, you can contact the passport office (FMS) and issue an extract from the apartment without consent.

In the future, the procedure is carried out as standard, within three days.
The procedure for discharging a person from an apartment/house in 2019 is not a difficult task. The procedure has not changed for several years and remains strictly regulated. You can be discharged without any problems on your own; it is also quite simple to discharge your child (subject to certain conditions set by the guardianship authorities). There will be no special problems if you have all the documents if you need to discharge a deceased person. But it is much more difficult to forcibly discharge an unwilling person. Such an extract is possible only through the court! And nothing else. But if there are all the grounds for the owner to be evicted from the apartment and evidence for the ejection, then any homeowner can do this.