🚭 🧖🏽 👩🏻‍🍳 Extract from the apartment: procedure, documents, application 🤢 👩‍🎓 ⏯️

A huge role in transactions with property plays an extract from the apartment. The thing is that migration registration of the population requires special attention. And if you do not take into account the current rules in Russia, you can face serious problems. For example, with a fine or with deportation from the country. Fortunately, most often such alignments are rare. But this does not mean that discharge should be treated negligently. In some cases, excess tenants become an obstacle to privatization or real estate transactions. Therefore, further we will consider all possible ways of discharging from housing, and also study the possible nuances of the processes. With the right approach, the operation under study will not cause much trouble.

What gives a residence permit

Why extract from an apartment can come in handy? First you need to find out for what purpose registration at the place of residence or temporary stay is required.

By law, all residents of the Russian Federation must have a place of residence. This is the registration. Without it, living in Russia is extremely problematic. Especially to foreign citizens.

Thanks to registration, a person can:

participate in housing privatization;
receive services at the place of residence;
use the apartment to provide for your life;
draw up benefits and participate in government programs;
to get a job;
send children to educational institutions;
Attach to clinics and use their services for free.

In fact, registration is an important moment of migration registration. But sometimes you have to check out of housing. This can be done in different ways. Usually the algorithm of actions directly depends on the circumstances. Next, we consider the possible layouts in more detail.

When to check out

Extract from the apartment, as we have said, may be required by any person. This is especially true for homeowners who rented out.

The thing is that a person may be required to write out if:

change of ownership of the property is planned;
I want to sell housing;
registration expired;
a person leaves the apartment and changes his place of residence;
if necessary, change the registration of the child;
the tenant does not fulfill the terms of the lease;
need to get rid of unnecessary applicants for privatization;
I want to reduce the size of utility bills (it depends on the number of residents in the apartment);
it is required to get rid of a citizen registered in the territory who does not actually live in the apartment (for example, from a dead or missing person).

Most often, the extract from the minor’s apartment, as well as getting rid of negligent tenants, delivers troubles. In particular, if they have small children. We will talk about all this further.

Important: in some cases, homeowners write out tenants under pain of registration in the territory without the consent of minors.

Without consent, you can write out a person who simply does not live in an apartment, serves in the army or is in places of freedom. But such situations are rare.

Discharge methods

And how can a citizen be discharged from an apartment? We have already said that the answer directly depends on the circumstances.

In real life, getting rid of excess tenants happens:

peaceful;
forced.

In the first case, citizens turn to the migration services, and in the second, to the court. Judicial debate helps to consider the situation and make the right decision. This practice is becoming more and more common.

In addition, people have the right to discharge online. To do this, you will have to use the "State Services" portal. We will get acquainted with this option at the very end. After all, the alignment is used extremely rarely.

Where the population is discharged

An extract from an apartment in Russia is carried out through various authorities. And therefore, homeowners should know where to apply with the relevant applications.

At the moment, the service can be provided by:

at the local judicial authority (a decision is made on discharge);
at the MFC or “one-stop shop” services;
through passport desks and passport and visa centers;
in the Federal Migration Service of the Russian Federation;
through the migration services of the Ministry of Internal Affairs.

As already mentioned, citizens can apply for discharge from the apartment via the Internet. It is enough to register at the State Service and follow the simplest instructions. It is presented to the attention below.

When selling property

Now we will consider all possible ways of discharge from the apartment. When selling property, coping with the task is easiest.

The thing is that, ideally, you need to write out in advance. This is not such a problem if the owner of the apartment has other housing. Otherwise, the statement is carried out after the conclusion of the sale transaction.

Important: it is advisable to register the time of deregistration in the apartment being sold in the sale agreement. This technique will help you find buyers without any problems and give them guarantees that there are no extra tenants in the territory.

In general, the algorithm of actions will be as follows:

Homeowners collect documents for discharge from the apartment.
The owners of the property apply to the registration authorities and fill out the application in the prescribed form.
Applicants are issued departure sheets.

That's all. Now it’s clear how to proceed with the sale of property. You can behave in a similar way if the former owners are discharged from housing after the sale transaction.

Important: after the conclusion of the contract of sale, new apartment owners can forcibly or peacefully write out tenants.

Statement by owners on sale: a peaceful approach

So, an extract from an apartment when selling property is a moment that requires special attention. We have already said that after carrying out the corresponding operation, a person will be able to get rid of excess tenants independently. In real life, there is a peaceful and “combat” method of solving the problem. Let's start with the first one.

In such circumstances, it is necessary:

Arrange with the former tenants for discharge.
Collect a package of relevant documentation.
Contact the FMS with a request for a statement of tenants.
Wait a while.

After the actions taken, the written-out persons will be given out leaves of departure. They will come in handy when registering in new housing.

Important: discharge from the apartment without the consent of the tenants or in case of refusal of the usual deregistration of the former owners is carried out through the court. We will study similar layouts in general later.

Statement of tenants with a temporary residence permit: a peaceful solution

The next scenario is the discharge of people renting an apartment from the apartment. Usually such persons have temporary registration. And to get rid of tenants is not difficult.

Usually you just need to wait for the expiration of the specified registration period in the property. After this, the owner is better to go to the FMS and write an application for deregistration of tenants.

You can write out citizens ahead of schedule and peacefully. Usually in this case you will need:

Notify tenants in writing of an extract. You will have to send a registered letter with a notification of receipt. It is advisable to substantiate your decision.
Give time to find new housing. As a rule, it is customary for citizens to be given 1 month for this task. If discharge occurs in the winter, it is recommended to wait 2-3 months.
Form a package of documents for deregistration.
Go to the registration authority with the tenants and write an application for discharge from the apartment.

That's all. It remains only to wait for the implementation of ideas into reality. Ideally, during the implementation of the task, residents are registered in the new apartment.

Violation of the contract by the tenants

An extract from an apartment without the consent of the tenant is a common practice. Especially when it comes to tenants.

Sometimes people renting a house do not comply with the terms of the contract or the rules of living in an apartment building. In such circumstances, the homeowner can get rid of negligent residents through the courts.

This will require:

Prepare documentation for the judiciary. Emphasis should be on the grounds for compulsory discharge.
Make a "claim" for discharge from the apartment. Here they describe in detail the situation and ask forcibly to remove citizens from registration in housing.
Apply to the court with a lawsuit in the established form.
To participate in the court session.
Get a court order in your hands.
Go to the registration authority and submit a number of papers for discharge.

It is done. The decisive role in the process under study is the preparation of evidence of their innocence. Indeed, if tenants have an agreement of the established form, and the landlord does not have such grounds for compulsory discharge, it will be difficult, sometimes impossible, to cope with the task.

Unofficial tenants

What documents are needed to extract from the apartment? Packages of relevant papers will be examined later. First, you should learn the basics of implementing the task.

What if tenants live in the apartment, but they do not have a lease? This is the simplest scenario. The owner can easily apply to the migration authority and submit an application for discharge. Especially if you managed to negotiate with the tenants.

However, if the latter do not want to check out and leave the apartment before the expiration of the registration period, you will have to go to court. You can threaten to contact the police. Often, it is the latter threat that helps negotiate a peaceful discharge with the tenants.

For forced deregistration in the apartment you need:

Prepare documents for the court.
To apply with the established form.
Take part in the hearing.
Get a court decision and apply with it to the registration authority.

Important: extracting a person from an apartment who is a tenant but does not have a lease is a fairly simple task. The court will side with the owner of the property. But if the tenant can prove the fact of payment for his stay, the landlord may face serious fines and other sanctions. After all, renting an apartment without a contract, "in words" (on an ongoing basis) is the conduct of illegal entrepreneurial activity.

Dead faces

A sample application for an extract from the apartment is presented to our attention. This document is nothing special - just a request for deregistration. Each person can make such a paper.

Quite often, people have to deal with paperwork associated with the death of a citizen. For example, he needs to be discharged from the apartment. Usually, either homeowners or relatives of the deceased are involved in the case.

This option is a minimum of trouble. The algorithm of actions will be reduced to the following manipulations:

Collection of documentation for the task.
Writing an application for discharge of the deceased. Be sure to indicate the reason for deregistration.
Contacting migration services with prepared documentation.

Nothing more is needed. After the actions taken, a paper check will be carried out. If they are valid and real, the deceased person will be discharged from the apartment. Fast, easy, convenient and free!

Statement of missing persons

It is more difficult to draw up a statement of discharge from the apartment. Especially if citizens do not know where to start. We will deal with this issue later.

To begin, consider all the possible options for getting rid of excess tenants. For example, in the implementation of the task in relation to missing citizens.

Under such circumstances, you will need:

Recognize a person as dead or missing. Usually these actions are carried out through the court.
Prepare papers for the implementation of the task.
Send an application for deregistration of a missing person to migration centers.

At this stage, the action ends. It remains just to wait a bit. FMS employees themselves will carry out an extract of a missing person.

Important: the consent of the relatives of the missing person to the operation is not required. Although it is easier to extract a citizen recognized as dead.

Children and discharge

Getting a child out of the apartment is the most difficult task. After all, not everyone can cope with it.

The thing is that issues related to discharge of minors are resolved through guardianship authorities. OOP will never leave children without housing. And so you have to first find a new place of residence, and then apply to the registration authorities.

In Russia, there is a practice of discharge of minors "to nowhere." The reception cannot be called legal, but it often takes place. Especially if you prepare for the operation in advance.

Important: with the forced discharge of the parents of a minor child is also discharged. As a rule, this action occurs in extreme cases and provided that the family either did not take action to find new housing, or already found a roof over their heads.

Normal discharge of a child

An extract from a minor’s apartment, ideally, as we have said, is carried out peacefully. First you need to find a new home, and then take decisive action.

If the minor is not the owner of the housing, you will need to perform the following steps:

Draw up an application for deregistration.
Contact the registration authority with pre-prepared certificates.
Submit a request for discharge and registration of the child with one of the legal representatives.

It is such an algorithm of actions that causes the least trouble, even if the apartment with the young tenant has been sold. It is possible to discharge a child in court, but this will be problematic. OOP will never deprive a baby of housing.

Extract of the child owner

The next scenario is the discharge from the apartment of the child who is the owner of the property being sold. How to act in such circumstances?

The legal representatives of the baby should be thoroughly prepared. They have to:

Contact the local guardianship authority with a request for permission to conduct the sale of property. It is advisable to immediately request approval for a child’s discharge. For example, nowhere.
To prove the PLO the absence of infringed rights of a minor. For example, to present documents on the donation of a share or the whole property, which will be the same or larger in size than the property being sold.
Get permission to operate.
Contact the registration authority with an application for deregistration of a minor.
Conclude a sale after all tenants are discharged.

Important: it is advisable at the time of the operation to already have a separate housing for registration. Otherwise, you may encounter a number of problems. For example, with the lack of permission of “custody” of the procedure or with a fine for the lack of registration in the Russian Federation.

But there is more to come. Sometimes it happens that people sell an apartment and buy new housing for the proceeds. Then the correspondence is carried out either after the conclusion of both transactions, or in advance. We study the second alignment.

Statement of the child in a double transaction

A sample of the extract from the apartment (the procedure for implementing the task) is presented to our attention. How to behave if you want and need to discharge children from housing, but there is no new place of residence yet? For example, if we are talking about a minor owner of property.

Under such conditions, you need:

Contact guardianship for permission to sell an apartment and for a child’s discharge.
Attach evidence of a deal to purchase new housing. You can promise to register the child in a new apartment on time. Then, when concluding a transaction for the purchase of an apartment, you will have to contact OOP again.
Conduct an apartment for sale. It is advisable to discuss in advance with buyers the conditions for discharge of children from housing.
Find and buy a new apartment. If previously the contract of sale (including the preliminary agreement) was not presented to the PLO, you will have to take it there.
Transfer ownership of the child’s share of the law.

That's all. Now you just need to contact the migration service and apply for a minor. For this, it is necessary that one of the legal representatives of the baby is registered in the apartment.

How to write a lawsuit

Are you planning a “judicial” discharge from the apartment? A sample application is presented below. How to file a lawsuit for deregistration?

Here are the basic rules to help you get the job done:

When writing a claim, you must follow the structure of the document. First they write a "cap", then - the name, the main part, a request for discharge, a list of attached documents. It ends with a “claim” date of appeal and the signature of the plaintiffs.
The document must prescribe all the features and nuances of what is happening. It is necessary to tell in detail why it is necessary to forcibly discharge a person from the apartment. All grounds must be confirmed. For example, testimony or documentation.
At the end of the paper, make a list of attached references. It is required to indicate the number of sheets of each statement.
State the essence of what is happening in detail, but at the same time briefly. Nothing extra and irrelevant.
If you are discharged without consent, you must try to prove the fact of attempts to peacefully resolve the issue. It is not as difficult as it seems. For example, a notice of receipt of a warning about deregistration may come in handy.

Perhaps this is all.An application to the court for discharge from the apartment will help write an experienced lawyer. To independently cope with this kind of task will also work. The main thing is to follow the tips and rules listed above.

Key Documents

Now we find out what documents for extracting from the apartment can be useful to citizens under certain circumstances. This is an extremely important nuance. After all, if you do not prepare the paper for de-registration, the service will be denied.

Among the main documentation package are:

statement of discharge;
applicant's passport;
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statement of family composition;
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statement of the established form;
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birth certificate of a child;
departure slip;
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What is the term of discharge from the apartment? In general, the service is provided quickly - usually within 3-5 business days after the application of the established form is submitted. The exception is judicial debate.

Without a residence permit, citizens can stay for 7 days. During this time, you have to find a new place of residence. Otherwise, a resident of the Russian Federation will be fined.

In the case of children, it is better to avoid discharge to nowhere. After all, such a practice is a lot of trouble.

Important: the registration is also issued about 3-5 days.

"State services" and deregistration

And how to write out through the "State Services"? For this, a person must have a verified profile on the portal. Without this, the task will not work.

The algorithm of actions in this case will be as follows:

Go to the "State Services".
Go to gosuslugi.ru/10050/1#.
Select "Deregistration".
Click on "Get ...".
Check the appropriate boxes.
Click on the "Next" button.
Fill out the application form.
Select the migration authority to which the application should be sent.
Click on the "Submit ..." button.
Wait for an invitation to the migration service.

Now it remains only to take the original papers, and then come to the FMS. Extract will be made without much hassle. Extract from the apartment through the court, and not only - it is not so difficult!

Extract from the apartment: procedure, documents, application