Is it possible to expel a minor child from the owner’s apartment and how to do it?

How to write an application for discharge from an apartment: instructions for filling out

One of the main stages of discharge from the place of residence is filling out an application. Its contents include the following information:

1. Registration authority – in this field you must enter the name of the territorial department of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation to which the application is sent. Here you can specify one of the following options:
   department located at the location of the old registration;
2. passport office at the new residential address.
3. Information about the applicant - the citizen’s full name, date and place of birth, as well as gender are indicated.
4. Details of the identity document of the person being issued - here you should indicate the type of paper (usually a Russian passport), series and number, the name of the authority that issued the document and its code, as well as the date of issue.
5. Information about the legal representative - this field is filled in if the registration of a minor is cancelled. In this case, it is necessary to indicate the relationship (father, mother, etc.), full name of the representative and details of his passport.
6. Address of new place of residence - this section is optional.
   If a citizen wants to check out “to nowhere,” then he can leave this field empty. Important. It should be remembered that if we are talking about canceling a child’s registration, then it will be necessary to indicate a new address in the application. Otherwise, the registration authority will not accept such a document, since a minor cannot be discharged “to nowhere.”
7. Address of previous place of residence - indicate the coordinates of the apartment (house) from which the applicant wishes to leave.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

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At the end of the document, SNILS (if available), date of preparation and signature of the applicant may be indicated. In addition, when submitting an application through the MFC, the employee who accepted the document also signs it and puts the appropriate date on it.

Standard procedure for leaving an apartment

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The standard procedure for deregistration from an apartment involves several options for submitting an application:

1. Personal reception at the passport office.
2. Submitting an application online on the State Services portal.

In both the first and second cases, the applicant needs to collect a package of documents and, based on the data available in them, fill out a departure form. The applicant will need the following official documents:

1. Passport of a citizen of the Russian Federation of the owner and documents of all those who need to be discharged.
2. Birth certificates of all registered minor children.
3. House book or extract in the form of Form A (certificate of family composition).
4. Housing lease, purchase and sale agreements and others on the basis of which the type of housing ownership is determined.

Currently, the procedure for registering at a new location involves terminating registration at the previous residence address. Therefore, it is more advisable to immediately apply for registration rather than register in one department and then submit documents again in another.

An application for deregistration from an apartment according to the standard procedure will look like the document in the picture.

Read also: TIN for a child through State Services

In the case where the applicant follows a simplified procedure and submits a petition for new registration, the application may take the following form, as in the example below.

If the applicant makes an application on the State Services portal, then the form according to the appropriate form of the document is generated automatically, and for this you just need to carefully select the items and enter the required data.

Regardless of how the applicant wishes to make an extract, the document must contain:

• information about the authority to which the application is sent;
• personal data of the citizen who wishes to terminate registration at the existing address,
• date of document preparation;
• personal signature of the applicant.

Parents or legal representatives (for example, guardians) are allowed to draw up a document on behalf of minor children. A prerequisite for the discharge of children is to fill out the line with the new registration address. Adults need to remember that they must register at a new address within seven days. Otherwise, the applicant will have to pay a fine upon registration.

It is important to know! Under the normal procedure, an application for an extract is accepted free of charge, and registration is also free of charge. A separate request is submitted for each person wishing to be discharged.

Where to submit a document about removing a person from the place of registration?

The main body providing registration services to the population is the Main Directorate for Migration Issues of the Ministry of Internal Affairs of the Russian Federation (formerly the FMS).

also use the services of so-called “intermediaries”, who are responsible for receiving, transmitting and processing documents at the Main Migration Department of the Ministry of Internal Affairs of the Russian Federation. These include:

• multifunctional centers (MFC);
• portal “State Services” (how to sign up through State Services?);
• Russian consulate or embassy (this option is relevant for persons living outside of Russia).

If a citizen cannot be present at the discharge, for example, he is in another city, he needs to draw up a power of attorney for another person. There are also some nuances when deregistering in municipal housing and private houses.

Grounds for going to court

Evicting someone from an apartment through a judicial procedure means applying a coercive measure to a person. The main reason for filing such a claim is the refusal of the citizen’s voluntary removal from the apartment. Therefore, most homeowners resort to this compulsory measure.

Please note! The reasons for filing this type of claim may be the following:

• actual residence of the tenant in another place;
• failure to pay utility bills on time, although receipts arrive on time (public housing);
• end of family ties - dissolution of marriage or deprivation of parental rights, etc.;
• the owner’s desire to privatize the residential premises;
• the tenant damages property located in the residential premises;
• conditions have been created for the impossibility of living together (scandals with neighbors, conflicts, etc.);
• reports to the police, complaints from the apartment owner are ignored.

The owner of a residential premises has the right to declare a violation, in accordance with paragraph 2 of Article 35 of the Housing Code of the Russian Federation.

Appeal to the judicial authority is the last resort. Initially, a warning is issued to the tenant. The basis for filing an application in court is ignoring justified claims.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

The plaintiff can be not only the owner, but also the tenant of the residential premises. Please note that neighbors can also file a claim if there is a violation of the rights and interests of other residents. For example, using a residential premises for other purposes. You can file either a class action or an individual case.

The most important justification for the legality of the tenant’s discharge is carried out through the court.

When is a document not required to be submitted?

There are two main ways to check out:

1. At the request of the citizen by submitting an appropriate application.
2. Without the consent prescribed by court decision.

It is the second option that does not involve filing an application in Form No. 6, since the entire procedure is formalized on the basis of a judicial act that has entered into force.

In accordance with clause 31 of the Decree of the Government of the Russian Federation of July 17, 1995 No. 713, registration can be canceled by a court decision in the following cases:

• if the registered person is missing;
• death of a person who was registered in the apartment;
• loss of the right to use residential premises;
• identification of false information on the basis of which registration at the place of residence was carried out, etc.

In paragraphs j) clause 31 of the above-mentioned Decree of the Government of the Russian Federation states that if a fictitious registration is discovered, its cancellation can be made on the basis of a corresponding decision taken by the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation.

After submitting an application with all documents, you will need to wait until the deregistration procedure is completed. According to current legislation, a period of 3 days is allotted for this. For greater convenience, it is recommended to register in a new place immediately and simultaneously register at the old address.

Application for opening a case in court

An application for opening a case in court related to the forced eviction of a person differs from the usual form. First of all, this is due to the fact that the plaintiff applies for the restoration of his rights and at the same time asks to terminate the property claims of a citizen who does not want to voluntarily vacate the living space that does not legally belong to him.

The form with which the requesting party can apply to the court must contain:

• the name of the judicial authority and its territorial affiliation;
• address and passport details of the plaintiff;
• details of the defendant to whom the claims are being made;
• a detailed description of the problem;
• references to current articles of laws, government regulations and the Housing Code of the Russian Federation, which, in the plaintiff’s opinion, were violated by the defendant.

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At the end of a written appeal to government agencies, it is imperative to include a list of documents on the basis of which judges will be able to make a legal decision.

A sample statement of claim, where the owner of the residential premises asks to evict and deregister his ex-wife, is presented in the photo. In other situations, the petition can be written by analogy.

Due to the fact that drawing up such a document requires certain knowledge in jurisprudence, most citizens of our country entrust the resolution of issues to specialists in housing law. If a person gives the right to someone else to file a claim instead of himself, then this requires notarization.

It should be noted that in the case when a claim is filed regarding the discharge of a mother with a child, especially a minor, the court makes a decision in favor of the latter. This happens for the reason that children until they reach the age of 18 are guaranteed the right to maintain living space. A court verdict may indicate the plaintiff’s obligations to the young citizen, which most often relate to the payment of compensation for the square meters of area due to him based on shares.

It is important to remember that the procedure for filing a claim involves paying a fee.