When discharging from housing, people often ask: "Is it possible to get out of an apartment to nowhere?" After all, the situations are different: in some cases there is simply nowhere to register, in others the procedure does not make sense. Let's look at this issue.
Extract from the apartment
People planning to leave the apartment for nowhere are usually overwhelmed by a host of questions. Therefore, it makes sense to understand the nuances.
So, can I get out of the apartment to nowhere? To answer this question, you need to analyze legal documents. So, the Russian legislation assumes and allows situations when a person is written out and does not provide information about his plans for a new registration. This situation is possible:
- When selling real estate with the investment of funds received in the construction of new housing on an equity basis.
- When emigrating.
- When selling a property to a landlord who does not have any kinship with tenants registered in the apartment.
- With the confiscation of housing for debts in favor of the lender.
Therefore, the question of whether it is possible to get out of the apartment to nowhere, there is a very clear answer. According to the law, there is no restriction on deregistration, except for the irresistible desire of the person himself.
However, it should be remembered that compulsory registration (permanent or temporary) is prescribed by law and must be executed within ten days from the date of discharge. Otherwise, a fine is imposed on the citizen at the end of the month.
Owner Rights
The property owner is not obligated to provide other premises for residence and registration of those citizens who are registered at this place of residence. But there are exceptions to the rule. The owner cannot demand to leave the apartment for nowhere:
- Close relatives.
- Minor children.
- Citizens who legally refused in favor of relatives to participate in the privatization process, but at the same time retained their rights to stay in the apartment.
All these three categories of citizens can be discharged from their homes only with the mutual consent of all parties.
What to do if there is no place to register?
What to do if you need to leave the apartment for nowhere? After all, there is not always a new housing in which you can register. This situation arises very often.
Those who are left without a residence permit and without housing, as well as those who have invested money from the sale of real estate in shared construction, need to independently solve the housing problem that has arisen.
Perhaps the only option is to issue a temporary registration or registration at the place of new stay. Such a place may be a medical institution, a shelter, the addresses of friends or relatives.
The discharge procedure itself, as well as temporary registration is carried out according to standard rules.
What documents are needed for discharge?
"I want to leave the apartment for nowhere, what is needed for this?" - such a question often comes to mind when solving the housing problem.
Firstly, an extract is possible only on the basis of:
- Voluntary decision of the citizen himself.
- Statements by the landlord.
- By decision of the judiciary.
Secondly, in order to issue an extract, you need to provide a number of required documents:
- First of all, this is a passport.
- Documents on the rights of ownership of the premises.
- Statement of standard.
- Registration of the departure sheet.
- Departure sheet for traveling outside the country.
Documents are submitted to the department of the UMFS, after which they are considered within three days. After that, the passport is returned to the citizen already with a note that he has been deregistered.
We examined in sufficient detail the question of how you can get out of the apartment to nowhere. Let’s now talk about what are the penalties for not registering.
Penalty for lack of registration
According to the law, the lack of registration deprives a person of the opportunity to take advantage of all social benefits, as well as many other benefits provided by the state.
If you decide to leave the apartment for nowhere before the sale or for any other reason, you must consider that you will not be able to:
- Formally get a job.
- Change or get a passport.
- Make allowance, pension or other social benefits.
- Get at least some kind of free medical care.
According to the law, a person’s presence on the territory of Russia without registration is considered a violation of law and order, which is punishable by a fine of several thousand. The amount depends on the region (in large cities - 3000-5000 thousand rubles, in small ones - 2000-3000 thousand rubles).
Some facts
If you do not want to pay fines and be able to exercise your civil rights, it is preferable to minimize the period of stay without registration.
The provision on the fine is fixed by law, and therefore it will have to be paid not only for a long absence of registration, but also for the delay of the seven-day period allotted for new registration. If a person has been in the new temporary residence for more than three months, then he is also required to register.
How to check out via the Internet?
As you understand, in order to check out, you need to personally submit an application and your documents. Of course, this raises the question of whether everything can be arranged without a personal visit.
The law provides for such an opportunity. You can write out of the apartment to nowhere through the "State Services" (portal). To do this, you first need to register on the site, if you have not yet used its capabilities. Then you should go to your personal account and submit an application indicating the document numbers. However, it should be noted that to get the result, you still have to come in person and provide the originals of absolutely all the necessary documents.
To apply, you need to select the section "Migration Service" on the main page. Next, you fill out the proposed windows. Within three days you must be informed of the invitation to the FMS to receive a response with all documents. We want to emphasize that for citizens of Russia all services are free.
What about the discharge of the child?
Another frequently asked question by parents: "Can I leave the apartment nowhere with my child?" It’s not so simple here, so let’s take a closer look at this issue.
The simplest option is to deregister the child with the full consent of the parents, as well as if there is a place where the child can be further registered. Moreover, with these changes, his living conditions should not worsen.
You need to know and remember that discharging a child to anywhere is not allowed by the law of the Russian Federation. However, there are some exceptions.
Often there is such a situation when the child is registered in one place, but actually lives in another. In such a case, the apartment where his parents or guardians live, is recognized as law.
In a situation where the child is registered with a person who is not a relative, but actually lives with mom or dad, this can become a completely legitimate reason for sending a statement of discharge to a federal judge. If the parents dissolve the marriage, and the child, for example, is registered with the father, then the mother may require him to be discharged from there for the purpose of registration in his apartment.
Procedure for discharge of a child
It is very important that the housing is privatized.If the child was a participant, then it can be written out only with the permission of the guardianship authorities. The proceeds from the sale of his shares must go to buy new housing for the child or must be deposited in his personal bank account.
To deregister, you will need the following documents:
- Permission of guardianship authorities.
- Application from guardians or parents for a child under 14 years old.
- Certificate of registration and a document on the right to ownership of housing.
- Applicants passports and birth certificate.
If the apartment is privatized, but the child did not participate in the privatization, then the permission of the guardianship authorities is not required. However, the law requires a new place of registration for the baby. In this case, for deregistration, you will need:
- Passports of parents.
- The registration certificate for new housing.
- Birth certificate for a child.
- Statement from parents.
Statement of a non-owner child
When a child is discharged from municipal housing have their own nuances. The following documents will be required:
- Passport of the applicant.
- Lease contract.
- Birth certificate of a child.
- Document on registered citizens.
- Application (must be executed by both parents, even if they are already divorced).
- The technical passport of the house from which the child is discharged, and the registration certificate of the new apartment where they plan to register the baby.
- Lease agreement for new housing, if municipal.
- If the housing is owned by someone, then you need to provide a document of ownership.
When a child who is not the owner is discharged, permission in the guardianship authorities is not necessary.
Can I write by proxy?
By law, you can write out of an apartment to nowhere by proxy if the person himself does not want or cannot for some reason contact the FMS. To do this, the application for deregistration must be certified by a notary public, as well as a power of attorney for the actions of another person.
However, it should be borne in mind that not all FMS branches recognize notarized papers. As a rule, they prefer to see the person himself, rather than a paper power of attorney. Therefore, you should first consult on this issue in your passport office, and then notarize documents.
Your representative must submit to the FMS not only the collected documents, but also his identification card, as well as your passport.
Nuances of statement
Another question that arises among citizens is the following: is it possible to get out of the apartment to nowhere from the bailiffs? Registration itself is not related to the issue of debts. Even if the bailiffs have a decision to collect debts, this should not affect the freedom of movement.
As for the FMS, they are not interested in this issue, since it is not in their competence. If you want to leave the apartment in order not to allow the bailiffs to describe the property, then this option is possible if you are not the owner. If you participated in privatization, then the performers are not very interested in registration: in fact, housing is considered yours, which means it is your property, which they can describe to pay off debts.
Other reasons for deregistration
There may still be other reasons for discharge:
- The call for military service.
- Death.
- A person is serving a sentence in a colony.
An extract can also be made by decision of the judiciary even in the absence of a citizen:
- When a person is found missing or dead.
- In case of loss of property rights.
- When canceling the previous registration.
Statement on sale
If you want to write out nowhere when selling property, then you need to write a statement in the passport office. It must indicate the location of the new registration. In principle, you can enter any address there, and then when registering a new registration, enter the real one. You also need to provide your passport and, possibly, a document on the right to own housing.
Upon de-registration, you will be issued a check-out sheet.It can not be lost, because it is needed for subsequent registration. Its action lasts no more than thirty days.
Instead of an afterword
We hope that our article will be useful for those who are going to write out to nowhere, and our information will answer at least some of the important questions that arise in the process of paperwork.
