A tenant is a person to whom an apartment is transferred under a social tenancy or lease agreement. Registration at the place of residence can be temporary or permanent, but it invariably requires permission from the owner of the property, which can be a local municipality or an individual. There can be many reasons for removing a tenant from registration.
It is necessary
- - notarised power of attorney;
- - application to the court;
- - resolution;
- - application to the FMS.
When planning to discharge a tenant, notify the tenant. Any registered citizen can be removed from the register by a notarized power of attorney or on the basis of a court order if the person does not want to check out on his own or his whereabouts are unknown.
With temporary registration, registration ends automatically or at the request of the homeowner.
To deregister with a permanent residence permit, a person must independently apply to the FMS, write an application in the presence of an authorized employee, and present their passport. On the same day he will be removed from registration and stamped in his passport.
If the tenant has issued a notarized power of attorney to you, you have the right to deregister without his personal presence.
In all other cases, you will need a court order. To remove a tenant from registration, apply to the arbitration court. Please provide evidence that the tenant needs to be discharged.
A sufficient basis for a positive court decision will be: - termination of a lease or lease agreement; - gross violations of the terms of lease or lease, which include non-payment of payments for the use of housing and utilities; - misuse of housing; - absence for more than six months without valid reasons, valid ones include: illness, business trip, military service; - gross violation of the rules of living in an apartment; - imprisonment.
If the court issued an order to forcefully evict the tenant and to remove him from registration, you can do it yourself without having a notarized power of attorney. It will be enough to apply with an application, a court order and a photocopy to the FMS so that the tenant will be discharged without his personal presence.