The procedure for registration and deregistration at the place of residence is usually carried out in the personal presence of citizens at the relevant government agency and is certified by a stamp in the passport. However, in current Russian legislation there is no categorical prohibition on checking out of an apartment by proxy.
There are different opinions regarding this kind of deregistration, however, referring to Federal Law No. 100 of May 7, 2013 and Article 185 of the Civil Code of the Russian Federation, a power of attorney has legal force and confirms the voluntary transfer by one person of certain powers to another temporarily. Based on this, when considering the question of whether it is possible to check out of an apartment without the personal presence of a registered person at the Federal Migration Service, one should answer that this is indeed possible.
In fact, it does not matter whether the power of attorney for extracting from an apartment is handwritten or printed, what is important is the details, the information component and compliance with all the requirements presented to this document. Based on this, it can be noted that you can draw up such a paper yourself or use a notary’s form.
Is a notary always needed?
Until recently, until 2013, notarization of a power of attorney was required in all cases. Today, this is already a mandatory rule for everyone, without exception, for both individuals and legal entities, as evidenced by a separate article in the Civil Code. It also regulates the procedure for drawing up such papers, along with the principles of their use, cancellation and revocation.
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Any powers, be it a power of attorney to register ownership of an apartment, registration or deregistration, submission and receipt of documents, etc. must be certified by a notary office. Without this, they are not legal and any action performed using an uncertified document will be considered illegal and canceled.
Notary certification is not required only in some special cases, when it comes to issuing a power of attorney on behalf of senior officials of military-defense structures and social bodies. However, in the case of registration and deregistration, this is rarely used in practice.
Considering the fact that only individuals are usually involved in this issue, it should be borne in mind that before appearing at the Federal Migration Service, it is necessary to visit a notary.
Why do you need a power of attorney for registration?
Execution of a notarized power of attorney to carry out actions related to registration of place of residence is required in all situations when two conditions coincide:
- The person is not the owner of the property in which he plans to register.
- The owner does not have the opportunity to visit the FMS to register in person.
Most often, a power of attorney is issued to the person who will undergo registration; as a result, this person receives rights comparable to the rights of the owner in matters of registering residents. However, in some cases (for example, if a person is professionally engaged in renting out housing), the owner may appoint, by proxy, a property manager who will carry out procedures for registering residents.
Registration requirements
There is no separate type of power of attorney for eviction from an apartment by the owner or other registered occupant. However, its essence lies in the citizen instructing his representative to act on his behalf in the territorial body of the Federal Migration Service (FMS). Mandatory points of the structure of this document are:
- Name, date of execution in words, name of the locality where the paper was drawn up;
- Full last name, first name, patronymic, passport details of the principal and authorized representative;
- What particular interests is the representative entrusted with representing;
- Validity period of the document;
- Signature of the principal, signature, transcript and seal of the notary.
A power of attorney for registration in an apartment or for deregistration directly from the owner or other tenant is most often drawn up directly at the notary’s office. In this case, you won’t have to worry about correct drafting and other nuances. There is no need to register this document anywhere; the standard validity period is only one month. Of course, the owner of the living space or other resident who issues a power of attorney has the right to shorten or extend this period as necessary.
Power of attorney for registration for a representative
It should be noted that in modern conditions there is a widespread practice of providing registration services, when a representative carries out all the necessary actions for registration. In this case, you will also need to issue a power of attorney for the representative, the following options are possible:
- If a citizen is the owner of an apartment, he can issue one power of attorney to a representative who will carry out the necessary steps to register this citizen at the specified address.
- If the citizen is not the owner, you will need two powers of attorney: one from the owner, to carry out registration of the specified person, and the second - from the person who wants to register, to carry out registration procedures by a third party.
In addition, if the owner wants to register another citizen in his living space and carry out formalities on behalf of the registered citizen, another power of attorney will be required. The person who will be registered must issue a power of attorney to the owner to carry out the necessary actions.
Compilation example
When drawing up a power of attorney to extract from an apartment, you can use the following sample:
POWER OFFER FOR DEREGISTRATION AT PLACE OF RESIDENCE
(date in words) (place of compilation)
I, a citizen of the Russian Federation (last name, first name, patronymic, date of birth, passport details), who is registered at the address (indicate full postal address without zip code), entrust this power of attorney to a citizen of the Russian Federation (last name, first name, patronymic, date of birth, passport details) , which is registered at the address (indicate the full postal address without a zip code) the right to represent my interests in the Federal Migration Service regarding the deregistration of me at the address (indicate the address), as well as the preparation of other related documents.
I entrust my representative with the right to receive all necessary documentation, extracts and certificates, the right to submit applications and requests on my behalf, certify copies, make changes and additions, and the right to sign in the process of fulfilling my given instructions.
The validity period of the document is (specify in words), without the right (or with the right) of subrogation.
I certify the signature of the citizen (full name of the principal) (notary data, seal).
Rules for registration and deregistration for citizens of the Russian Federation
Now, to register or deregister, you don’t have to stand in a long line waiting to see a specialist from the migration service. It is enough to submit an application electronically. To do this, you need to register on a special website “State Services”. This does not mean that registration will be issued without the personal presence of the citizen. When filling out an application, you need to fill out all the fields and enter the relevant data - full name, education, marital status, past and future place of registration, indicate the owner of the property, etc.
The application will be processed by specialists within 3 working days. If the result is positive, the addressee will receive a notification with an invitation to appear at the migration service at a certain time. You must have with you a package of documents required by the standard registration procedure. The personal presence and consent of the property owner is also required. At the same time, all deadlines and rules for registration and check-out from an apartment at the place of residence must be observed.
We recommend reading: Privatization of an Apartment with Rent Debt
Where to apply the document
In order to discharge a tenant from an apartment by proxy, you first need to check with the local territorial office whether they carry out this procedure without the personal presence of the registered person.
Despite the fact that this is not prohibited by law, in some localities they are careful about procedures with a power of attorney, so as not to incur unnecessary troubles. Where to register de-registration:
- In the division of the Federal Migration Service;
- Through the Multifunctional Center;
- In the housing office, where there are relevant departments.
All registration actions are carried out exclusively by employees of the Federal Migration Service. All other institutions have the right only to receive documents with their subsequent transfer to the FMS. Based on this, it is advisable and time-saving to contact the migration service. Taking into account the latest legislative changes and the specifics of the body’s work, the registration procedure takes from one to three days. If the documents are not submitted directly to the Federal Migration Service, the waiting period increases to six days on average. Time must be counted from the date of submission of the application and its registration in the book of incoming requests.
What to do if you bought an apartment with a registered person
Even though the law fully supports the buyer in the current situation, the old owners can be evicted without their personal consent only through the court and nothing else.
Before going to court, it is worth collecting all the necessary documents, namely:
- Passport.
- A purchase and sale agreement that was concluded with an unscrupulous seller.
- Papers that can confirm your right to ownership of the purchased property. Such documents include a certificate of ownership or an extract from the unified state real estate register for an apartment. The first ones stopped issuing back in 2016, so only the extract is relevant for new transactions. It must be paper.
- Extract from the house register. It contains the data of all persons registered in the apartment, including former owners.
- A receipt that confirms that you have paid the state fee.
- Statement of claim.
When all the documents have been collected, it is time to go to court.
The algorithm of actions is as follows:
- First, you will have to obtain a special receipt from the office to pay the state fee. Its amount is 300 rubles, and it is possible to pay it directly in court.
- After paying the fee, you take the documents and the application itself to the court reception. Your application will be reviewed within a maximum of five working days.
- Next, the judge will determine a date for a preliminary hearing if the claim is accepted.
- You will receive a letter within a month about the date and other conditions of the meeting.
- At the preliminary hearing, the judge will review the documents, listen to your requirements and set a date for the trial itself. You will also receive notification of this in a letter.
- At the meeting, you must prove that the registration of the previous owners interferes with the free use of the living space.
- When the judge makes a decision, you will need to pick up a copy of the decision from the court and take it to the Department of the Ministry of Internal Affairs. Based on the court decision, the former owners will be evicted from the apartment without their participation.
Read more: Sample purchase and sale agreement with deferred payment
It is fundamentally important to contact the local court at the address where your home is located. You do not have to file the claim yourself. A hired lawyer can do this for you if he has a power of attorney signed by you.
Urgent deregistration
There is the possibility of urgent discharge of the prescribed person, that is, on the day of treatment.
This is done by contacting the migration service directly, where it is advisable to go directly to the manager with all the necessary documents, providing him with compelling reasons for urgent registration. If the application is endorsed by the head of a given territorial office, the responsible FMS employee will issue an extract within five minutes. In addition, today it is possible to make an appointment in advance, arriving at the designated specific time. You should not issue a general power of attorney for the deregistration procedure, as this will give the representative many options for fraud. As practice shows, legal proceedings most often begin precisely because of conflicts between relatives and friends. Taking into account the sample power of attorney presented above, there is no need to add anything else to it. You should be very careful with the transfer of signature rights. If possible, it is better not to do this either.
It is advisable that the owner of the property, if it is necessary to write him out by power of attorney, already has a prepared and signed application with which the representative will appear at the FMS.
Documents and difficulties
To clarify the full list of papers that the representative will need, it is better to clarify this point in advance with the migration service or the house management. The main documents include:
- A signed statement from the owner or other tenant regarding the release of a person already registered in the apartment;
- A power of attorney certified by a notary and duly executed;
- Passport of the principal and his representative, for whom the document was issued.
When interested in questions about whether it is possible to register or deregister a person, having a power of attorney for the right to do this, sometimes you have to deal with the fact that some migration service employees are very wary about this. Any absentee procedure carries risks, since responsibility for it falls on the FMS employee and after information regarding registration is transferred to Rosreestr. If any troubles arise, they will have to answer for the restriction of the citizen’s rights (here we are more referring to unlawful actions on the part of the guarantor who received a power of attorney and someone else’s passport fraudulently). In this case, you will have to open a criminal case regarding registration and consider it through the court.
Legislative acts
If the former owner refuses to deregister, according to Article 35 of the RF Housing Code (clause 1), eviction can only be achieved by a court decision. If an agreement is drawn up obliging the former owners to sign out after the transaction is completed, then this argument will be enough for the court to render a verdict in favor of the buyer. But even if you purchased an apartment without taking care of it, the law is still on your side.
In particular, Article 209 of the Civil Code of the Russian Federation (clause 1) will help you, which states that the owner retains the right to use and freely dispose of his own property.
Read more: Who evaluates an apartment when entering into an inheritance
Also, Article 235 of the Civil Code of the Russian Federation (clause 1), depriving the previous owner of the right to use and live in the living space after its sale.
And also Article 304 of the Civil Code of the Russian Federation, which gives you the right to demand an extract from the previous owner.
If several people are registered in the apartment, Article 292 of the Civil Code of the Russian Federation (clause 2) will come to the rescue, allowing family members of the old owner to be evicted through the court.
