Temporary registration in a rented apartment. Risks and consequences of temporary registration for the owner. Rights and obligations of the owner of the provided premises

Last updated May 2019

What are the consequences of temporarily registering another person for the owner of the property? Read on to find out whether a registered tenant can claim your housing, what rights he has, and what to do if a conflict arises with him.

Can a temporarily registered person claim your apartment?

This is impossible, since temporary registration (as well as permanent registration) does not give him the right of ownership of real estate. Of all the powers that make up the right of ownership, a person with non-permanent registration has only one - the right to use. That is, he can be and live in an apartment, but nothing more.

He has no right to sell, use as collateral to obtain a loan or otherwise dispose of the housing in which he is registered. Even if we imagine (purely theoretically) that the new tenant came up with such an idea, it will not be possible to implement it for the following reasons:

• he does not have documents for the apartment confirming ownership;
• even if his counterparty agreed to conclude a deal without these documents, it will still be considered invalid from the moment of its conclusion and will not create any legal consequences.

Because of this, the owner does not bear any property risks if he decides to temporarily register someone in his living space.

How much does temporary registration cost and who pays for its registration?

Services for completing such registration are provided free of charge by the local migration departments of the Ministry of Internal Affairs. Therefore, neither the owner nor the registered person will bear any costs.

The situation will change if the tenant is a foreigner. Then you will need to pay a state fee - 200 RUR. But this responsibility rests with the foreigner, and not with the owner.

What does it threaten the owner financially?

One of the serious disadvantages of an extra registered person is the increase in utility bills:

If there are meters

If you have meters for water, gas, electricity, then the amount will increase in proportion to the volume of resources consumed.

Example: The Solomin family - husband, wife and their child - consumed 8 cubic meters of cold water and 5 cubic meters of hot water per month. According to tariffs for the Western Administrative District of Moscow, they paid:

• for hot water - 151.36 rubles/cub.m. x 5 cubic meters = 756.8 r;
• for cold - 30.87 rubles/cub.m. x 8 cubic meters = 246.96 rub.

After Solomina A.A. I temporarily registered my friend Ivanenko G.V., water consumption along with the amount of payments increased:

• for hot water – 151.36 rubles/cub.m. x 6 rubles = 908.16 rubles;
• for cold – 30.87 rubles/cub.m. x 10 cubic meters = 308.7 rub.

If there are no meters

Then the payment is calculated according to the number of registered people in the apartment, which is even more expensive.

Example: General standards for water consumption per person are set in the following sizes: cold - 6 cubic meters, hot - 3 cubic meters per month. This means that after obtaining a temporary registration for G.V. Ivanenko, the Solomin family will pay for 4 people, and not for 3, that is, 6 cubic meters more for cold water and 3 more for hot water.

To prevent such consequences for the apartment owner from turning into a big minus, it would be rational to initially discuss this point with the temporary tenant. Typically, the tenant and the owner enter into a rental agreement, which stipulates the procedure for paying for utilities. If you do this, then such registration should in no way affect your finances.

Is it possible to temporarily register a child without the knowledge of the owner?

One of the most unexpected surprises may be that instead of one temporarily registered person, there may be several of them in your living space. This can happen if you have registered a woman with a minor child.

In this case, the child’s registration may be issued without your consent. And it will not even be possible to challenge this fact in the future, since Government Decree No. 713 of January 17, 1995 clearly protects minors. Clause 12 states that registration of children under 14 years of age is carried out at their place of residence:

• parents;
• adoptive parents;
• guardians.

In this case, it is carried out regardless of the consent of the following persons:

• tenants of housing in state fund houses;
• private owners, if the housing is privatized;
• boards of housing cooperatives, if they are the owners of the housing.

If a minor is temporarily registered in your home, this may become a reason for manipulation on the part of his mother (father, guardian, adoptive parent). The fact is that the exact periods for which children can be registered at the place of residence of their parents are not determined by law. According to the rules, they are registered simultaneously with them and for the same period.

However, if registration occurred later, then due to the inattention of the migration department employees, the period of temporary registration may be longer than that of the parent himself. This situation is fraught with the fact that a non-permanently living parent can obtain an extension of his registration through the court - do not leave the child alone in a “strange” apartment, and only then renew the child’s registration for a longer period. But this series of frauds can be stopped.

• Step 1 . Go to court. And although the law is entirely on the side of the child, having a sufficient evidence base in hand, it can be proven that the child is only a cover for committing a fraud with temporary registration. If you succeed, the child’s temporary registration will be cancelled.
• Step 2. At the end of the period of registration of either parent or child, together with the resident person, appear in person at the migration department and monitor the determination of the future registration period.

Example: Antonova V.I. was registered for six months in the apartment of L.V. Vozny. A month later, she independently registered her 11-year-old daughter in this living space for a period of 6 months. Thus, her registration ended earlier than her daughter’s. She could have gone to court to oblige the property owner to extend her registration for another month, but Vozny L.V. proposed a more profitable and time-saving solution for himself - to voluntarily register her with the migration service for another 1 month. But I was already present during this registration in person, so I independently verified the expiration dates of registrations in order to avoid similar incidents in the future.

Is it possible to sell an apartment with a temporary registration?

Theoretically, it is possible to sell an apartment with temporary residents registered in it (since now the transaction is not required when registering), and the consent of the latter is not required for this. But in practice it is unlikely, since few people will want to buy such an apartment, because it is burdened with the registration of strangers. This means that after purchasing housing, the new owners will have to share it with outsiders, since they have the right to use it.

For the seller

Although there is still one guaranteed way that will help sell an apartment with an encumbrance in the form of a non-permanent registration. This is an application to a real estate agency that specializes in the sale of “problem” housing. Such agencies buy apartments at almost half the price of their market value, or undertake to find a suitable client, charging 40-50% of the transaction cost for their services.

For the buyer

Before purchasing, the buyer should carefully study the contract and request from the seller an extract from the house register, where all registered persons are indicated (i.e., so that there are no registered persons). Because there are often cases when a transaction has already been completed, and later it turns out that someone else is registered in the purchased property. But even if you happen to buy encumbered real estate, there is always a way out.

• Option 1 . Forcibly, by filing a lawsuit in court, evict temporarily registered persons from their apartment.
• Option 2. Again - through the court - but using a different procedure. You need to ask that the transaction be declared void if the contract did not say anything about temporary residents registered at your address. If the demands are satisfied, it means that the apartment is returned to the seller, and the money is returned to the buyer.

Additional disadvantages of such registration for the owner

Can the owner of a private house temporarily register someone with him?

Yes, this procedure is no different from registering an apartment - it is carried out according to the same rules and in the same order. The tenant and the owner acquire a similar scope of rights and obligations. The only difference is that the migration department may require an extract from the house register to the “apartment” list of documents for registration:

• formal application;
• passport of the temporarily registered person;
• certificate of ownership or lease agreement, or written permission from the owner to register.

However, registration will not be possible if the house:

• not put into operation (no corresponding act);
• built on lands not intended for individual housing construction;
• documented as a dacha;
• is joint property and its shares are not allocated in kind unless there is consent to registration from the co-owners.

Registration for refugees and military personnel: does their status affect the owner of the home?

Resolution No. 713 states that the temporary registration of refugees and military personnel is carried out according to the usual rules, that is, their “special” status does not affect the rights and obligations of both parties. But at the same time, there is a caveat for each category. Thus, registration is carried out as usual if:

• refugees received the status of forced migrants;
• military personnel are contract soldiers, not conscripts.

Temporary registration will not be required at all for those military personnel who are on a business trip or vacation.

Possible positive aspects for the owner

Registration of tenants is an undeniable advantage for him, since it will allow him to avoid possible problems with the tax authorities. They may arise due to the fact that if the owner who rents out the apartment does not want to register the tenant at the place of residence, the latter can apply to the migration department of the Ministry of Internal Affairs or the court with demands for forced registration.

The owner will immediately be interested in the tax office regarding evasion of personal income tax in the amount of 13% of the rent amount. If the tax inspectorate manages to prove that the apartment is for rent, you will have to pay the tax itself, a fine of 20% of the unpaid tax amount and a penalty.

In addition, if the owner allows a citizen of the Russian Federation to live in his apartment without registration, it constitutes an administrative violation. According to Art. 19.15.1 of the Code of Administrative Offenses of the Russian Federation for him the court may order:

• fine from 2000 - 5000 rubles
• in Moscow or St. Petersburg – from 5000 - 7000 rub.

Disadvantages of temporary registration: can the owner avoid them?

Despite the fact that temporary registration does not give practically any rights to the tenant, it can still adversely affect the owner’s usual rhythm of life. However, if he follows the advice below, he will be able to minimize the risks:

• registration should be issued for the shortest possible period;
• It is advisable to be present in person during the registration procedure to control the completion of the application (especially the column with the registration deadline);
• You should only register those people you know well (although this is not always a guarantee that you will not have disagreements with them in the future).

How to resolve the conflict between the owner and the temporarily registered person?

If during a conflict it is not possible to reach an agreement peacefully and the registered person does not agree to be discharged, there is only one way out - forced discharge through the court. To do this, the owner must:

• apply to the magistrate’s court at your place of residence with a claim for forced eviction;
• provide the court with facts confirming the need for eviction:
  • violation of public order by such a tenant;
  • neglect of sanitary standards;
  • refusal to pay for utility services;
  • long-term residence at another address.
• wait for a court decision in your favor and expect its voluntary execution.

If you refuse voluntary execution, you should contact the bailiffs, who ensure the enforcement of the court decision.

1. Article 5 of the Law of the Russian Federation "On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation." Registration of a citizen of the Russian Federation at the place of stay and deregistration of a citizen of the Russian Federation at the place of stay
2. Clauses 9, 10, 11, 12, 14, 15, 28, 29 of the Decree of the Government of the Russian Federation of July 17, 1995 No. 713 “On approval of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation "

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71 comments

Registration at the place of residence is what the former registration is called today. Having a “registration” gives a lot of opportunities, but the absence of one gives a lot of problems. And above all, this applies to tenants who rent “a roof over their heads.” In practice, not all of them manage to register in the rented apartment, but who knows what will happen tomorrow? The state still wants to take control of the rental sector, which means sooner or later it will have to play by the rules.

This article is a reference and information material; all information in it is presented for informational purposes and is for informational purposes only.

Indeed, without “registration” it is difficult. Take employment, for example. Despite the fact that the Labor Code of the Russian Federation says in black and white that the absence registration at place of residence cannot be a basis for refusal to hire - employers often violate this rule of law. So, if a citizen does not have registration at his place of residence in Moscow, employers want to see at least registration at the place of stay or in other words temporary registration. But again, according to the law, the lack of “temporary registration” also cannot be grounds for refusal to work.

And there can be a lot of such problems - placing a child in a kindergarten, school, clinic, paying pensions, benefits, registering a car, etc., etc. Without temporary registration, these “benefits” are either difficult to access or completely unattainable. Meanwhile, the law allows tenants to register in rental housing. The portal will tell you how to do this.

What is needed for temporary registration?

Step one
You need to persuade the landlord who is renting your property to register you. Most apartment owners register tenants temporarily , that is, for a certain period. If you managed to persuade the apartment owner to register you in a residential premises, then consider that half the battle has already been done.

Step two
Collect documents and go to the passport office
Tenants, the owner of the property, as well as everyone who is permanently registered in the apartment, must come to the passport office with a package of documents.

In Moscow, for registration at the place of stay (temporary registration), the following documents are required:

• consent of the owner of the apartment and everyone who lives with him to move in the tenant . If one of those registered lives in another city or cannot visit the passport office, then his consent to your registration can be obtained from any notary;
• future tenant's statement , who intends to register at his place of residence;
• passport of the future tenant ;
• an agreement under which the relationship with the owner of the property will be “formalized”: rental, short-term rental, sub-hire, gratuitous use agreement. By the way, not all passport offices require this kind of agreement; they make do with a statement of consent from the residents. But be prepared for the fact that such a document may be required;
• consent of the guardianship authority or guardian or trustee. This document is required in cases where the owner of the apartment and (or) its future tenant are officially under guardianship or trusteeship;
• . These documents are needed if the tenant is going to move into an apartment transferred under a rental agreement, lifelong maintenance with a dependent, or pledged.

Step three
Get a certificate
For temporary registration (at the place of stay), it is not necessary to deregister at the place of residence. The passport has a stamp indicating the place of residence, but during temporary registration no marks are made in the passport. Registration at the place of stay is issued certificate - within three working days from the date of submission of all necessary documents.

What is needed to register at the place of residence?
Let us immediately make a reservation that only a few citizens who rent out their housing can meet their tenants halfway and register them at their place of residence.

Again, the most important and necessary condition for permanent registration (registration) is agreement not only the owner of the property, but also all members of his family registered in the apartment (residential building). Without such consent it is impossible to register.

If everything is settled with the owner of the apartment, then you should remember that you need to contact the passport office no later than 7 days from the date of moving to a new place of residence. They will register you within 3 days from the date of receipt of the documents, and a note about registration at the place of residence will be made in your passport.

The following documents are also required:

• application for registration at the place of residence, passport;
• documents on citizens' ownership of residential premises: certificate of ownership, title document for residential premises (transfer agreement, purchase and sale agreement, exchange agreement, gift agreement, rental agreement with lifelong maintenance);
• consent of the annuity recipient, mortgagee .

As a rule, when registering at a new place of residence, the registration at the previous place of residence is automatically deregistered. The passport office itself will send the corresponding request. Although you can do this yourself: get a departure (arrival) sheet, and then register. The passport will first be stamped “Deregistered”, and then the stamp “Registered”.

Remember that the “registration” of a tenant does not give him any ownership rights to your home.

Registration of minors.

To register a minor child (under 14 years of age) it is necessary birth certificate . And from the age of 14, the child should already have passport .

Minor children are registered at the place of residence of their parents, regardless of the consent of the citizens living in the apartment. This was reflected in the Decree of the Government of the Russian Federation dated July 17, 1995.

Is it possible to register a child in an apartment with his parents if the owner does not give his consent? There is an Administrative Regulation approved by FMS Order No. 208 of September 20, 2007, where paragraph 80 states: “registration at the place of stay and place of residence of minor citizens with parents (adoptive parents, guardians, trustees) living in residential premises belonging to other citizens on the right of ownership, is carried out regardless of their consent.” So maybe knowing about this order will help someone defend their rights when registering a child.

When is registration not possible?
The main reasons may be:

• lack of consent of one of the registered residents of the apartment to move in the tenant;
• landlord's ban. This can happen if the apartment is municipal, that is, it is not owned by its residents, but by the city - in Moscow its interests are represented by the Department of Housing Policy and Housing Fund. The department may prohibit the occupancy of tenants if the area standard is violated. In this case, we mean the “registration” norm (it gives you a chance to register in the queue for housing). For example, in Moscow the accounting norm is 10 sq.m. for individual apartments and 15 sq.m. for communal apartments. In St. Petersburg 9 sq.m. for individual apartments and 15 sq.m. for communal apartments. There are no such restrictions for apartments owned by citizens.

Responsibility for lack of registration at the place of residence or place of stay
In accordance with the Code of Administrative Offenses (CAO RF), an administrative fine in the amount of 1,500 to 2,500 rubles may be imposed for accommodation without registration (Article 19.15 of the Code of Administrative Offenses of the RF).

But you need to know that a citizen of the Russian Federation needs to register at the place of stay only if such stay is more than 90 days.

A person who allowed you to live in his apartment but did not register your place of residence or place of stay in a timely manner may also be held administratively liable. The fine will be 2000 to 2500 rubles.

What problems you need to know about: expert commentary
Galina Tkach, director of the rental departmentIntermarkSavills:

Our agency is engaged in advising clients on the registration process, preparation of necessary documents, location and opening hours of registration authorities.

As a rule, those owners who do not pay taxes do not want to register residents, and this is typical for apartments on a small budget. In the business and luxury real estate segment, everything is much more transparent and simpler.

Registration does not in any way affect the amount of rent; it only increases the payment of utility bills and requires payment of a state fee. As a rule, all additional costs associated with registration are paid by the client.

A necessary visit to the passport office may be an inconvenience for the owner. In such cases, the owner prefers to give a power of attorney to his representative.

When registering tenants, apartment owners may have some problems.

When registering foreigners and CIS citizens (term of the law: “registration of citizens for migration”) the risks are as follows:

1. Having registered a foreigner (CIS citizen) in his apartment, the owner is also responsible for deregistering him upon departure from Moscow within two days. It is necessary to send by mail the original of the detachable part of the registration notice with which the foreigner stayed in Moscow - to the Federal Migration Service at the location of the apartment. If the owner does not deregister the foreigner, there is a risk that the Federal Migration Service will impose a fine on him in the amount of 2,000 to 5,000 rubles. Practice shows that a fine is imposed extremely rarely, only when this requirement is regularly violated, for example, when during the year the owner registered a foreigner 20 - 30 times and never deregistered him upon departure.

2. The owner of the property is the only contact person if any problems arise with a foreigner. For example, if a foreigner got into an accident, was hospitalized, he was arrested - in this case, first of all, government authorities will contact the owner of the apartment and then, depending on the incident that occurred with the foreigner: they may ask the owner of the apartment to come pick up the foreigner (for example, from police), in other cases they can simply inform that the foreigner is in a specific hospital, morgue, etc.

When registering as a citizen of the Russian Federation, the situation is completely different .
There are no risks - there are responsibilities. The owner must first contact the EIRC to add the tenant to the financial and personal account. The owner will be charged rent, and only after that the Federal Migration Service will issue the owner with a registration notice of temporary registration as a citizen of the Russian Federation.

The owner bears the only risk associated with notifying him in the event of the death of his tenant, a citizen of the Russian Federation. The landlord does not bear the risk of any other incidents with the registered tenant, since he is a Russian citizen and bears full responsibility for himself under the legislation of the Russian Federation.

Documents for the article:

• Law of the Russian Federation of June 25, 1993 No. 5242-1 (as amended on July 18, 2006) “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation”;
• Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation, approved. Decree of the Government of the Russian Federation dated July 17, 1995 No. 713 (as amended on March 28, 2008);
• Administrative regulations for the provision by the Federal Migration Service of state services for registration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation, approved by Order of the Federal Migration Service of Russia dated September 20, 2007 No. 208;
• Decree of the Moscow Government of October 31, 2006 859-PP “On approval of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence in the city of Moscow.”

According to Russian law, a person who has not lived at his primary place of residence for more than 90 days is required to obtain temporary registration. Thus, the tenant cannot rent housing without obtaining such registration, otherwise both he and the apartment owner will face a fine. However, according to the law, a person can obtain not only temporary registration in rented housing, but also permanent registration.

What is needed for this?

As in the case of temporary registration, permanent registration at the place of residence is issued only if all owners of the apartment and all family members permanently registered in it agree to the tenant’s occupancy. If at least one of the relatives disagrees, registration is impossible.

Registration is carried out by the passport office. If, when applying for temporary registration, they are not deregistered at the place of residence, then in the case of registration of permanent registration, they are automatically deregistered from the old place of residence.

What does permanent registration give a tenant?

It must be taken into account that only a few owners give consent to permanent registration. Many owners are simply afraid to register tenants. But here you need to keep in mind that registration, even on a permanent basis, does not give the tenant any rights to the landlord’s property. According to the legislation of the Russian Federation, ownership rights can arise only when purchasing housing (purchase, inheritance, under a life annuity agreement, as a gift).

A person who is registered in an apartment, but is not its owner, can:

Live in it;
. use apartment and common property;
. register your minor children and close relatives in the home;
. express your consent or reluctance on the issue of registration of other citizens in the apartment;
. participate in privatization.

If available several owners The tenant must agree with everyone, otherwise registration will not be possible.

Why and who needs this?

Availability of temporary registration necessary not only for foreigners.

Many Russian citizens come from villages, hamlets and small towns to other places (mostly big cities) for a long time(including to Moscow, which gave rise to many jokes about “coming in large numbers”) for different purposes (paid work, study, forced measures).

Most of these citizens cannot afford full-fledged buying an apartment, so they take it down. For complete legality of the rental, as well as the absence of problems with the authorities, they must issue temporary registration.

It is necessary to register it even if you have permanent registration in another apartment in the same city, but for some reason you decided to find yourself temporary housing.

Although Russian legislation and not prohibited to get a job in a particular city without a place of registration, most employers refuses enter into a contract with an employee who does not have a residence permit in this city.

Similar situation with kindergartens and schools. At the same time, stay in the city for persons without temporary registration is legally limited to 90 days, after which administrative liability follows.

Required documents

Required documents for temporary registration:

1. Passport or other identification document (birth certificate or international passport).
2. A document that serves as the basis for sharing (for example, a lease or sublease agreement).
3. Written consent of shareholders of the apartment/house.

Design algorithm

Step 1

Submission of a statement by the owner or tenant to the police station.

You must have the documents of the owner of the apartment with you.

After receiving the application, the district police officer issues a resolution.

The tenant applies to the Federal Migration Service, where the issue of settlement is considered within three days. In case of a positive decision, a passport insert is issued - a certificate of temporary residence.

Re-registration of payment books for housing and communal services for the tenant in the EIRC (unified information and settlement center).

note

You can temporarily register not only in residential buildings or apartments. Temporary registration possible and to places such as hotels, hospitals and boarding houses.

To do this, you will only need to provide your passport and fill out special questionnaire in the administration of these institutions. After this, the rest of the registration process will be carried out by officials of the boarding house, hotel, holiday home, etc.

What difficulties might arise?

The main obstacle to obtaining registration is most often a conflict of interest.

If in the rented apartment, in addition to the tenant on an ongoing basis If some other residents are registered, then to obtain temporary registration you will also need theirs agreement.

Also, owners do not always want to register tenants because they are afraid lose your apartment.

This fear is completely groundless, since temporary registration is not a stamp in the passport, therefore legally the tenant will not have the rights of an heir to the apartment he is renting.

Obtaining registration is also affected no criminal record from the tenant (otherwise he may not receive permission from government authorities). In general, first of all, the renter needs agree on registration with the landlord and other owners.

Human rights with temporary registration

Temporary registration does not give ownership(if the tenant is not one of the owner’s family members), therefore it only gives him the right to use the premises with the consent of the landlord and other owners of the premises.

For this reason, the tenant cannot claim to any share of the landlord’s home, relying only on your registration certificate.

What is it for?

Temporary registration is needed not only for staying in the city on a legal basis. According to Russian law, registration, although temporary, gives the right on the:

As already written above, registration in the city gives you more chances to get a job. Although registration is not a mandatory condition for getting a job by law, the employer may refuse you due to lack of trust. The situation is approximately the same with kindergartens/schools.

Price issue

According to the law, the registration of temporary registration in itself is free.

The owner also has no right demand money from the tenant for the procedure of registering him in the home. All necessary documents will be completed free of charge by authorized persons.

On the other hand, there are many companies solving this issue for money. We advise you to be careful, since there are many known cases of deception.

What to do if you lose your certificate?

If you lost your certificate of temporary registration, then you should not panic. This won't for you the reason for instant discharge. A way out of this situation is provided for in the Administrative Regulations.

In order to restore your certificate, you will have to re-apply to the FMS department where you originally issued lost certificate. Service workers will give you duplicate with the same registration number.

None fines or there are no sanctions for the loss of this document.

Results

First of all, obtaining temporary registration exactly in your interests.

Without it you will not be able to receive such privilege, enshrined in Russian legislation, such as medical care, driver’s license, international passport, lending and much more.

Also you are not only you're taking risks not get a job, but also deprive their children of the opportunity to attend children's educational institutions. And finally, for the lack of temporary registration there are penalties administrative responsibility and a system of fines.

Therefore, if you do not want to fear for your future in a new place, then we recommend you need to register at your place of stay.