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As the owner to register a person in the apartment. What is the right to have a prescribed person in the apartment. How to write out of a prescribed person from the apartment

As the owner to register a person in the apartment. What is the right to have a prescribed person in the apartment. How to write out of a prescribed person from the apartment
The article on how to register a person in his apartment, what is his rights to real estate, and whether the owner has the right to write a person from his 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 government agencies.

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

In order to understand which instances it is necessary to contact, as well as what documents are necessary in order to register a person's registration, we will consider the most common situations, as well as analyze: what are the advantages and disadvantages of presence of registration.

How to register a person in an apartment?

In order to understand whether it is possible to register a person in the apartment, first of all, it is necessary to have a loss sheet - a blank confirming the removal from the previous place of residence. After all, each of us has the right to housing, at the address that, if necessary, a medical worker, police, guardianship authorities or representatives of power can come. Accordingly, dual registration is prohibited.

In order to answer the question: "How many people can we register in the apartment?" - take into account the following indicators:

  • Metrah residential area.
  • The rate of quantity of square meters for each living, depending on the region.
  • Who is the legal owner of the housing.

It is also necessary to take into account the following factors:

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

The person prescribed in the apartment owner has a number of rights, including:

  • Agree with the registration of other people on this housing.
  • Prescribe juvenile children.
  • Get help from the state, such as benefits and subsidies.
  • Official employment in the workplace.
  • Registration of the status of an individual entrepreneur.
  • Using registration in order to obtain education in the area where living area is located.
  • Get INN and SNILS.
  • Use public and joint apartment property.
  • Reside on officially registered territory.

If you are looking for a response to the question: "How to register a person to an apartment to the owner?" - That's the answer to you - it is originally necessary to prepare a number of the following documents:

  • Lone list is an act confirming the removal from the previous place of residence.
  • Statement from the owner of the apartment.

In case the housing is in general or share ownership, the presence of all representatives is important. It is also possible to form 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 a prescribed person in the apartment are regulated by such documents:

  • LCD of the Russian Federation Art. 70.
  • Decree of the Russian Federation №713 of 17.07.2008
  • Law No. 5242-1 "About the right of citizens to freedom of movement and the choice of a place of residence in the territory of the Russian Federation" of 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 UFSM authority subordinate to your area.
  • Passport table of the company of the house-member.
  • Multifunctional Center.

Next, you must provide a number of documents:

  • Passport owner of residential area.
  • The passport of the one who wants to issue registration.
  • Military ID (in case a citizen is subject to a call, then enough registration certificate).
  • Document confirming the way of acquiring housing.
  • A list of registration with the previous place of residence.
  • Confirmation of registration law.
  • Power of Attorney (if other owners cannot be present personally).

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

  • The passport of the one who wants to issue registration.
  • A list of registration with the previous place of residence.
  • Application from the face of the User.
  • Application on behalf of the employer.
  • Military ID.
  • Document confirming the status of social hiring.
  • Confirmation of consent from the municipality.

In order to register a person in a mortgage apartment, it is necessary to carefully examine the banking contract. Until the last payment of the living space is owned by the financial company.

As a rule, lenders do not hinder the registration of relatives of the owner. After all, in any case, it is the citizen who is the name of the mortgage on whose name will be responsible for the housing. But in order to avoid unforeseen situations, it is necessary to carefully read with all the requirements of the bank. In the absence of restrictions, the registration procedure will be identical, as when designing registration to your own housing.

How to write out of a prescribed person from the apartment?

Evaluation from the apartment of a prescribed person without his consent is possible in several situations:

  • If the living space was acquired until the marriage was concluded, then after a divorce, one of the spouses may apply for removal from the account of living for a former wife or husband.
  • In the case when a person is not in registered accommodation for a long time and there is evidence that he owns another real estate.
  • When housing is owned by the authorities of the municipality and people living in it improperly fulfill the duties of its operation.
  • In the case when a citizen has written after the privatization procedure.
  • If the court deprived the parental rights of the representative of the child and established a ban for coaching.

In order to achieve extracts, you need to follow these steps:

  • Contact a lawsuit in court.
  • Prove the fact of the presence of another housing in a person who wants to write.
  • Provide a marriage termination act or another document that can be used as a foundation for eviction.

If the prescribed person was kicked out of the apartment, and he has no other real estate, it is possible to challenge such a decision in court.

For this purpose, it is necessary to apply with the statement of claim and evidence that you properly exploited this living space. It is also necessary to confirm the fact of the absence of another real estate suitable for accommodation. When considering all the data, the judge may decide in your favor and delay the term.

Does the prescribed person have the right to an apartment?

When the prescribed person in the apartment does not pay for utilities, you can initiate account separation. Thus, it is possible to receive payment receipts at the address of real location or on the same, where both parties live together. To this end, you need to prepare a number of the following documents:

  • Issument from the house book.
  • Copy of personal accounts.
  • Receipts for payment.
  • Passport.
  • The right to hold housing.
  • Marriage's report (in case of non-payment by his wife or spouse).
  • Certificate of the birth of common children, which are also spelled out in this room.
  • Certificate of family composition.
  • Pensioner's ID.
  • Application for subsidies.
  • Technical plan for housing.
  • 3-NDFL.
  • 2-NDFL.

In the event that other residents do not agree to separate the personal accounts, you can go to court with a claim. In this case, a separate payment for tenants is compulsory.

If citizens prescribed refuse to fulfill financial obligations, the following punishment measures can be applied:

  • Peny (it equals 1/300 refinancing rates of the Central Bank of the Russian Federation).
  • Restriction of resource supplies.
  • Termination of the provision of services (turn off the supply of electricity, water, etc.).
  • Forced eviction (used for citizens living under a social hiring agreement).
  • Recovery of payment through the court.

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

But if we talk, what rights is not a prescribed person in the apartment, then from a legal point of view, no. Without at least a lease agreement, a citizen will not be able to prove real accommodation on this housing.

After all, even the receipt of payment of utility services, where initials and surnames appear are not a real confirmation of location in this territory. In addition, the lack of registration will not allow to obtain social benefits, benefits and other assistance from state bodies.

Is it possible to sell an apartment with a prescribed person? In this situation, there are several features that should be taken into account when conclusted the transaction. Among the most common as follows:

  • Sell \u200b\u200ban apartment with a prescribed person law is not prohibited, but in this case it is necessary to pre-discuss the possibility of discharge of this citizen.
  • If the co-owner is registered on this living space, then be sure to read the power of attorney and the permit for the sale of the sale operation.
  • In case the 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 in a compulsory manner.

Another relevant issue among our population is: "Does the register in the apartment have a prescribed person?".

  • A citizen possessing registration is not the owner of the housing. Accordingly, it also has no part of the property.
  • However, when this housing consists in the share of municipality, then after the privatization procedure, its responsible versions having a residence permit may apply for property.

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

Before you to register with another person, many of us are thinking, and maybe a prescribed person to qualify for an apartment? LCD of the Russian Federation Art. 31 says the following:

  • A citizen who has registration at a certain real estate object has a number of obligations that equally shares with the other registered users.
  • The family may include all residences that have been registered with the consent of the property owner.
  • If the owners of housing were spouses, then after termination of the marriage, one of them should provide another place for permanent residence, or a former family can exist on one territory indefinitely.

However, it is worth understanding that registration does not give the right to property. This procedure allows you to receive financial support from the state, choose a training institution, get insurance, etc. In order to become the owner, it is necessary to have a contract confirming the fact of possession.

It is absolutely easy to arrange a residence permit. After reading the package of necessary documents, as well as with the conditions for its preparation, everyone has the right to official registration. But it is worth remembering that with the reluctance to be discharged from this object of real estate, the owners will have to postpone all litigation.

Therefore, before giving agreement, it is important to carefully read the current laws, as well as the rights and obligations of those registered on your housing.

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

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