The expression "temporary registration" drives into a stupor many landlords. Most of them believe that registration of temporary registration presupposes the right to own residential property. Any lawyer will tell you that this is not so, however, having registered tenants on his living space, the owner acquires some duties and responsibilities before the law.
Obtaining temporary registration for a foreign citizen is not easy enough, and the point is not in the complexity of the procedure, but in ignorance of the laws. Meanwhile, the number of migrants to Russia only increases annually. The conditions and rules for registering a temporary residence permit are set forth in the Housing Code of the Russian Federation. Registration of foreign citizens and other social categories of the population is provided for by individual points of the LCD. In order to become a modern power, citizens of Russia need to learn to correctly recognize and study the laws.
In this article, we consider what threatens the owner with temporary registration of foreign citizens, and what this procedure implies.
What is a temporary residence permit?
Registration of citizens at the place of residence or stay implies registration. When a foreign citizen crosses the state borders of Russia, data on the fact of his stay in the country are entered in the migration service. In order for a non-resident to be constantly monitored, Russian law obliges foreigners to provide information about their place of stay, and specifically their place of residence.
The concept of "registration" implies 2 types:
- Registration at the place of stay (temporary) - required when a citizen stays for more than 90 days in the territory of the Russian Federation. The place of registration is the accommodation where he temporarily resides (hotel, relatives house, etc.).
- Registration at the place of residence (permanent) - implies a permanent place of residence. Such registration is executed when the tenant resides on an ongoing basis on the basis of the rights of the owner or under a contract of employment. Permanent registration is entered in the passport.
What are the risks provided by temporary registration, what threatens the owner
So, with the fact that foreign citizens need temporary registration, we figured it out. Another question is what threatens the owner with the temporary registration of citizens. Theoretically, according to the laws, as an owner, the owner has the right at any time to demand the eviction of tenants. Even if the period of temporary registration has not yet expired, at the initiative of the owner, the registration may be canceled.
In the presence of temporary registration, a person who is temporarily registered does not have ownership rights to property. The only risk is that the tenant may legally be in your living space until the end of registration. Therefore, if the owner wants to evict the tenant, the latter can sue demanding to stay in this housing until the end of the period prescribed in the documents.
If the owner concludes a lease agreement with the tenant, but refuses to provide a residence permit, then such actions are considered illegal and will be strictly suppressed by law. Such an offense is punishable by administrative fines in the amount of 3 thousand rubles.
What obligations does the owner make when applying for a temporary registration?
According to the Housing Code, issues such as temporary registration of what threatens the homeowner, the rules for registration and the procedure are set out very clearly.
Obligations of the owner in providing temporary registration:
- Payment of utility services. Since some utilities are charged according to the following formula: the number of residents multiplied by the tariff and norm, payment for housing services increases in proportion to the number of people entered. Thus, the owner has an obligation to pay utility bills in accordance with the number of residents. In the case when utility bills are paid according to the indicators of installed meters for light, water, gas, the only thing that threatens the owner with a temporary residence permit is an increase in the consumption of water, electricity, gas, etc.
- Responsibility to neighbors. When inspiring tenants on the living space, the owner must be responsible to neighboring residents. If the tenants flood the neighbors or break any common property, the owner is responsible for these actions.
- Conclusion of a lease and payment of taxes. In the case when the owner provides rental housing, but does not pay the state tax, these actions are also punishable. The answer to the question of what threatens the owner with the temporary registration of a tenant without an appropriate lease is a fine.
If the owner instills his relatives, the rental procedure can be bypassed.
Temporary registration and registration of foreign citizens
Stay in the country for citizens without a visa is allowed no more than 90 days. According to Decree No. 809, foreign citizens have the right to stay in the country without registration for 90 days. For refugees, military personnel and citizens working on the basis of a patent, the deadlines for registration are somewhat different. Upon arrival in the country within 3 days, a foreign citizen is required to register with the migration service. The terms provided for registration are 7 days.
Online Registration
To minimize risks, it is better to issue a temporary registration for a period of 3-6 months. According to the innovations in the Housing Code (temporary registration of what threatens the owner), in 2014, Resolution No. 809 was adopted, which simplified registration for many. At the moment, having the passport data of the owner of the home, the tenant has the opportunity to apply for registration via the Internet. After a week, a notification should be sent to the owner’s email that the following citizens are registered at this address. In connection with the adopted innovations, however, cases of fraud have become more frequent. All the difficulties - the authenticity of the documents, which threatens the owner with a temporary residence permit of foreign citizens in this case - can be allowed by the owner of the house through the court.
Temporary registration of minors
The law provides for a specific procedure for registration of children under 16 years of age. Registration of minors is carried out at the place of registration of one of the parents or guardian. Parents of a child have the right to register their child at their place of residence.
Another very important aspect of what threatens the owner with the temporary registration of someone else's child with his mother is the option that the court may refuse to write out citizens without further registration. The reason for the refusal may be that they have nowhere to retire. In addition, if the term of registration of the child is longer than that of the parent, then the latter has the right to register again at this address.
What documents are required for registration
To register residents, the landlord must contact the local FMS. The tenants are not required to attend in person.
For registration you need to have the following:
- Identity document (passport, rights, etc.).
- A completed application for registration at the place of stay.
- Certificate of ownership or contract of employment.
- The power of attorney for the right of ownership and paperwork for housing (if the owner is not able to draw up documents personally).
Temporary registration is issued within 6 days from the date of filing.
How to cancel a temporary registration
Invalid temporary registration can only court. In order to stop validity period of temporary registration the owner must file a claim. The tenant also has the right to challenge the decision of the court or to file a claim to appeal against the unlawful actions of the owner. In cases with rental housing, the signing of the contract is the basis for registration, failure to fulfill this condition can be enforced through the court. Registration is regulated by the RF Government on July 17, 1995 N 713 “On the Approval of the Rules for the Registration and De-registration of Citizens of the Russian Federation from the Registration Register at the Place of Stay and at the Place of Residence within the Russian Federation”.
There are a number of cases in which temporary registration may be invalidated. These include registration without the consent of the owner, if the premises are considered non-residential, etc. Appeal to local authorities, the FMS or the court of justice requires weighty legal arguments. Before trying to resolve all actions, it is necessary to consult with a lawyer on the topic "Temporary residence registration than the owner faces" and find out how to protect yourself from risk.
Registration at the place of residence
