Quite often, a relative who lives with you in the same apartment becomes a stranger to you. And then you wonder how to part ways. Or, by force of circumstances, you are already living separately, but he is still registered in your apartment. This can be very burdensome for you. Or perhaps you are preparing to sell an apartment. Either way, you make the decision to write it out.
Necessary
All necessary documents
Instructions
Step 1
However, before you go to the housing office with a statement about the removal of a given person from the registration account, it is necessary to determine what this registration account is and whether it is possible to remove a person from this account. In accordance with the Law of 25.06.1993 N 5242-1 On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation”, citizens are obliged to register at their place of residence or at the place of temporary stay. Thus, the registration of citizens on the registration account is directly related to their right to permanently or predominantly reside in a residential building. Deregistration can be carried out either at the request of the citizen himself, or against his will.
Step 2
Deregistration at the request of a citizen is possible only if the citizen can be responsible for the actions taken. Thus, applications for deregistration received from minors or persons with limited legal capacity by a court decision cannot be satisfied. At the same time, a person withdrawing from the registration register does not lose the right to use the residential premises due to this action. Removal from the registration register against the will of the citizen is possible only at the request of the interested person and only if the citizen has lost the right to use the corresponding residential premises.
Step 3
Cases of loss of the right to use can be divided into three main options: First option: The dwelling is owned. In this case, the relative may be deprived of the right of residence by the decision of the owner (except for the third option). The second option: The dwelling is in use on the basis of a social tenancy agreement. In this case, the relative may be deprived of the right of residence only by a court decision. Based on practice, a court decision can be based either on the fact of residence in another place based on a long-term right (for example, ownership), or on the facts of significant violations of the order of residence, making it impossible for the offender to continue living in this place. or incapacitated. In this case, it may be deprived of the right of residence only with the consent of the guardianship and guardianship authorities. Such consent is given, as a rule, only in the case of guaranteed by the applicant to provide the person with another housing.
