How to prescribe a person to the apartment. What rights the registered person has in the apartment. How to write out a registered person from an apartment

Registration at the place of residence is necessary for both children and adults. After all, the presence of this document allows you to receive various benefits, benefits, as well as other assistance from state bodies.

In the absence of registration, a citizen will not be able to receive qualified medical care, education, open a bank account or use other social privileges.

In order to understand what authorities you need to contact, as well as what documents are necessary in order to register a person’s residence permit, we will consider the most common situations, and also analyze: what are the advantages and disadvantages of the presence of a residence permit.

How to prescribe a person in an apartment?

In order to understand whether it is possible to prescribe a person into the apartment, first of all, it is necessary to have a sheet of departure - a form confirming the withdrawal from the previous place of residence. After all, each of us has the right to have a living space at an address that, if necessary, may come to a medical worker, police, guardianship authorities or representatives of the authorities. Accordingly, double registration is prohibited.

In order to answer the question: "How many people can be prescribed in the apartment?" - The following indicators are taken into account:

• Meter of living space.
• The norm of the number of square meters for each resident, depending on the region.
• Who is the legal owner of housing.

The following factors must also be taken into account:

• Children under the age of 18 automatically receive a residence permit in the territory where parents or legal representatives are registered. If their addresses are different, then the mother or father can choose one of two places at her discretion.
• It is impossible to register a person into an apartment without the consent of other prescribed co -owners.

The person registered in the owner’s apartment has a number of rights, among which:

• Agree with the registration of other people on this housing.
• Prepare minor children.
• Receive help from the state, such as benefits and subsidies.
• Official employment at the workplace.
• Registration of the status of an individual entrepreneur.
• The use of a residence permit in order to obtain education in the area where the living area is located.
• Get TIN and SNILS.
• Use common house and joint apartment property.
• Live in an officially registered territory.

If you are looking for an answer to the question: "How to register a person in an apartment to the owner?" - then here is the answer - initially it is necessary to prepare a number of the following documents:

• A sheet of departure is an act confirming the lifting from the previous place of residence.
• Application from the owner of the apartment.

If housing is in common or shared ownership, then the presence of all representatives is important. It is also possible to execute an official power of attorney, which will indicate the consent of one of the owners. In order to register someone else's person in the apartment, it is also necessary to resolve all registered residents and owners.

The rights and obligations of the registered person in the apartment are regulated by the following documents:

• LC RF Art. 70
• Resolution of the Russian Federation No. 713 of 07/17/2008
• Law No. 5242-1 “On the right of citizens to freedom of movement and choosing a place of residence in the territory of the Russian Federation” dated 06.25.1993.
• Code of the Russian Federation about administrative violations, Art. 19.15

To register a person in the apartment, you need to contact one of these instances:

• The body of the UFSM, subordinate to your area.
• Passport office of the company of the housekeeper.
• Multifunctional center.

Next, you need to provide a number of documents:

• Passport of the owner of the living space.
• The passport of the one who wants to apply for registration.
• A military ID (in the event that a citizen is subject to a call, then there is enough prosecutor's certificate).
• A document confirming the path of purchase of housing.
• A sheet on the removal of registration from the previous place of residence.
• Confirmation of registration law.
• A power of attorney (in the event that other owners cannot be present personally).

If housing is in the status of social hiring, then a number of documents are slightly different. To obtain a registration, you need to provide:

• The passport of the one who wants to apply for registration.
• A sheet on the removal of registration from the previous place of residence.
• Application on behalf of the poster.
• Application on behalf of the employer.
• Military ID.
• A document confirming the status of social hiring.
• Confirmation of the consent from the municipality.

In order to prescribe a person in a mortgage apartment, you need to carefully study the bank contract. Until the last payment, housing is owned by a financial company.

As a rule, creditors do not interfere with registration of relatives of the owner. Indeed, in any case, it is precisely the citizen in whose name the mortgage is formed that will be responsible for the living space. But in order to avoid unforeseen situations, it is necessary to carefully familiarize yourself with all the requirements of the bank. In the absence of restrictions, the registration procedure will be identical, as when applying for a residence permit in your own housing.

How to write out a registered person from an apartment?

The eviction from the apartment of the registered person without his consent is possible in several situations:

• If the living space was purchased before the marriage, then after the divorce one of the spouses may apply for deregistration of the ex -wife or husband.
• In the case when a person has not been in registered housing for a long time and there is evidence that he owns another real estate.
• When the housing is owned by the municipality and people living in it improperly performing duties for its operation.
• In the case when a citizen was registered after the privatization procedure.
• If the court deprived the parental rights of the representative of the child and established a ban for cohabitation.

In order to achieve extracts, you need to follow the following stages:

• File a statement of claim to the court.
• To prove the fact of the presence of another living space in a person whom they want to write out.
• Provide an act of divorce or other document that can be used as a basis for eviction.

If the registered person was expelled from the apartment, and he does not have other real estate, then you can challenge such a decision in court.

To this end, it is necessary to file a statement of claim and evidence that you have properly exploited this housing. It is also necessary to confirm the fact of the lack of other real estate suitable for living. When considering all data, the judge can make a decision in your favor and delay the deadline.

Does a registered person have the right to an apartment?

When a registered person in the apartment does not pay for utilities, you can initiate the division of accounts. Thus, you can receive receipts about payment at the address of the real location or by the same where both parties live together. For this purpose, you need to prepare a number of the following documents:

• Discharge from the house book.
• A copy of the personal accounts.
• Receipts for payment.
• Passport.
• The right to own housing.
• Act of marriage (in case of non -payment by a spouse or spouse).
• The birth certificate of common children who are also registered in this room.
• Help on the composition of the family.
• Pension certificate.
• Application for a subsidy.
• Technical plan of housing.
• 3-NDFL.
• 2-NDFL.

In the event that other residents do not consent to separate personal accounts, you can go to court with a lawsuit. In this case, a separate payment is set for residents on a compulsory manner.

If the registered citizens refuse to fulfill financial obligations, the following punishment measures may be applied:

• Penalty (it equals 1/300 of the refinancing rate of the Central Bank of the Russian Federation).
• Limiting resource supply.
• Termination of the provision of services (disable the supply of electricity, water, etc.).
• Forced eviction (used for citizens living under a social employment contract).
• The penalty of payment through the court.

It is important to note that not only the owner of the housing should pay utility services in a timely manner. After all, if you register a person in the apartment, the rent will be charged taking into account the norm of use of resources for each resident.

But if we say, what rights that is not spelled out in the apartment has, from a legal point of view, no. Without at least a lease, a citizen will not be able to prove real residence in this housing.

After all, even receipts of payment of utilities, where initials appear and the surname are not a real confirmation of being in this territory. In addition, the lack of registration will not allow to receive social benefits, benefits and other assistance from state bodies.

Is it possible to sell an apartment with a registered person?  In this situation, there are several features that should be taken into account when concluding a transaction. Among the most commonly found:

• It is not forbidden to sell an apartment with a person registered by a person, but in this case it is worthwhile to pre -discuss the possibility of discharge of this citizen.
• If a co -owner is registered on this housing, then be sure to read the power of attorney and permission to carry out the sale operation.
• In the event that a person is registered in the apartment, but does not live, the new owner will have to go to court in order to write a person on a forced manner.

Another urgent issue among our population is: “Does a registered person has a share in the apartment?”

• A citizen with a residence permit is not the owner of the living space. Accordingly, it also has no part of real estate.
• However, when this housing consists in the share of the municipality, then after the privatization procedure, its responsible posters with a residence permit can apply for a share of property.

If you register a person in the apartment: what are the consequences?

Before you make a residence permit to another person, many of us are thinking, but can a registered person claim an apartment? LC RF Art. 31 says the following:

• A citizen who is registered at a certain property has a number of obligations that equally shares with the rest of the registered users.
• The family may include all residents who received registration with the consent of the property owner.
• If the owners of the housing were spouses, then after the divorce of the marriage, one of them should provide another place for permanent residence, or the former family can exist in the same territory for an indefinite time.

However, it should be understood that registration does not give the right to property. This procedure allows you to receive financial support from the state, choose an educational institution, get insurance, etc. In order to become the owner, it is necessary to have an agreement confirming the fact of owning the premises.

It is completely easy to arrange a residence permit. Having read the package of the necessary documents, as well as the conditions for its receipt, everyone has the right to official registration. But it is worth remembering that in case of unwillingness to write out from this real estate object, the owners will have to transfer all the lawsuit.

Therefore, before giving consent, it is important to carefully familiarize yourself with the current laws, as well as the rights and obligations of those who are registered on your living space.

Video: Registration at the place of residence. List, extract from the apartment. Legal assistance, consultation