When we talk about registration, we mean registration at the place of residence. A person can have only two places of registration: a place of permanent registration and a place of temporary registration. If the dwelling is not owned by the persons living in it, then such persons are tenants. When concluding a lease or lease agreement, the parties must include the terms of registration in the agreement. The owner of the apartment, giving consent to the registration of other persons in it, can indicate the period of such registration, or can make the registration indefinite.
Instructions
Step 1
The problem of removing a tenant from registration can be associated with two factors: the person is registered, but does not live in the apartment, and the person is registered and lives in the apartment.
Step 2
The grounds for removing a person from registration are:
- termination of the person's right to use the premises;
- violation by a person of the terms of the lease or lease agreement, including utility bills;
- a long-term more than 6 months absence of a person at the place of registration with non-payment of due payments (except for cases when the law expressly provides for the preservation of the right to use housing for a person, for example, when a person undergoes compulsory military service);
- a significant violation of the rules for the use of living space.
Step 3
A violation by a person of the terms of a lease or lease agreement can be understood as any material violation of the terms of the transaction or any violation of the terms that, according to the agreement, entails the termination of the agreement. Thus, the termination of the lease or lease agreement in any case entails the termination of the registration of the person at the place of residence.
In practice, a situation often arises when a person is registered, lives in an apartment, but for a long period does not pay utility and other payments for using the apartment. In this case, it is necessary to raise the question of his eviction, which also entails the termination of the registration of a person in this apartment.
Step 4
In the event that a person is registered, lives in an apartment, and also pays all the necessary payments, it will be possible to raise the issue of removing him from registration only if the person is recognized as an unscrupulous tenant. For example, a tenant violates public order, his behavior endangers the life and well-being of other tenants and neighbors, and otherwise violates current housing and other legislation.
Step 5
If a person disagrees with his removal from registration, then all issues will have to be resolved in court. In court, it will be necessary to prove those circumstances that, in your opinion, should be the basis for removing a person from registration. Proofs can be documents proving that only you paid utility bills, testimonies from neighbors that the person does not live in the apartment for a long time, various documents testifying to the tenant's violation of the law (for example, protocols on administrative violations), etc.
Step 6
It must be borne in mind that the law does not allow the removal from the registration of a minor without the consent of the guardianship and guardianship authorities, and if such a minor has no other place of residence, and such a place of residence should not be worse than the previous one under the conditions.
