Home / Eviction / Let’s find out whether it is possible to evict a person by power of attorney without his presence?

The need to discharge a person from an apartment arises for various reasons and sometimes at a time when his personal presence at the migration service is impossible. The legislation provides for such cases and allows deregistration without a personal visit to the Federal Migration Service (FMS) by the person being deregistered. Some rules and conditions of the procedure must be followed.

General grounds for eviction from an apartment

Employees of the territorial bodies of the Federal Migration Service require the personal presence of the person being discharged. The reason is the established procedure, in accordance with which it is necessary (including) to ensure that a person is deprived of the right to reside voluntarily. There are widespread schemes by criminals through which citizens are deprived of their housing rights without knowing it. Precautionary measures taken by the FMS are aimed, among other things, at preventing such crimes.

However, an extract may be needed at the most inopportune moment, when the person is far away (abroad, in another region of the country), and his appearance in the coming months (and years) is not expected. Reasons for deregistration may be :

• Transactions on alienation of residential real estate;
• Moving to a new place of residence;
• Stay in another region for more than 90 days;
• Forced eviction.

Housing alienation transactions include:

• Sale;
• Donation;
• Inheritance;
• Deprivatization.

When buying and selling, it is recommended to deregister all persons registered in the apartment (house, hostel). Otherwise, the market value of housing decreases. In the case of a gift or inheritance, the former owner may not be involved in registering all persons, but this will become a problem for the new owner.

The deprivatization procedure stipulates that all persons who were registered in housing must be discharged. After the property is transferred to municipal ownership, they can again join it, but as tenants.

Staying outside your place of registration for more than 90 days will result in administrative liability. The fine is imposed both on the culprit and on the persons (individuals and legal entities) who provided him with housing.

A long stay in another region requires temporary or permanent registration. To register in a particular living space, you need to check out of the previous one.

How to discharge a person from an apartment by proxy?

In order to sign a person out of an apartment by power of attorney, the first thing you need to do is draw up this document. A mandatory requirement is to have it certified by a notary. You will also need a notary’s mark on the authenticity of the application for deregistration. Let's look at how to correctly and quickly sign out using a power of attorney.

Procedure

Here is the algorithm of actions you need to follow in order to check out of your apartment with the help of a trusted person:

1. Contact a notary who will draw up a document confirming the authority of the representative and the application, as well as certify their legality and authenticity.
2. Hand over the notarized power of attorney and deregistration application, as well as the original of your passport to the representative.
3. The representative contacts the Department of Internal Affairs of the Ministry of Internal Affairs of Russia at the place of registration of the principal and transfers the documents to the registrar.
4. At the appointed time, the principal's passport with a note on the extract is collected.
5. He hands over the passport to you and the procedure can be considered complete.

It is worth noting that employees of the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation are not always willing to deregister by proxy. This is due to the fact that this is what scammers often do in illegal real estate transactions. Therefore, before drawing up this document with a notary and sending the authorized representative to government agencies, it is worth calling the specific Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation and, having explained the current situation, ask whether they will carry out the extract in a similar way.

Example . Dvorkova L.P. moved to a new place of residence in another city and issued temporary registration. A year later, her mother decided to sell the apartment in which L.P. Dvorkova herself was permanently registered. This required an extract of all those registered. Since Dvorkova did not have the opportunity to come to her hometown for this procedure, she turned to a notary and drew up a document authorizing her mother to represent her interests upon discharge, as well as the application itself for deregistration. Dvorkova sent these documents and her passport to her mother by Russian post. The mother contacted the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation, successfully completed the procedure for deregistration of her daughter and sent her a passport with a note about the discharge.

Procedure

The procedure is quite simple, however, this procedure also has its own nuances. Let's look at them.

Also on topic: How to register in an apartment

Any adult capable person can act as a trustee, and it does not matter whether you have a family relationship with him or not.

It is also important to know that a power of attorney and an application for deregistration can be drawn up at a notary without the presence of an authorized person. Only his passport details (copy) will be required. Therefore, if the principal and the representative live in different cities, then they do not need to meet - the authorized representative will send a copy of his passport via e-mail, and you can then contact the notary with it.

But the notarized power of attorney and application for discharge will have to be sent by mail - the passport office employees simply will not accept copies. Also, in order to be deregistered, you will need to send the original passport to the representative, since only this document is used to mark the deregistration.

After your passport is stamped with a deregistration stamp, the principal must again send you this document. This will again take some time.

In general, the procedure for deregistration through a representative is the longest compared to all others, so you should be patient.

Power of attorney for leaving the apartment

When you contact a notary for a document confirming the authority of another person to make your extract, this specialist will draw up the necessary document himself, but you need to know that it must indicate:

• full name of the document;
• passport details of the principal and the authorized representative;
• specific powers vested in the representative;
• validity period of the power of attorney;
• full data of the notary, the date of preparation of the document and the date of its certification by the notary;
• signature and stamp of the notary's personal seal.

Sample of a notarized power of attorney

Documentation

In order to check out of an apartment by power of attorney, you must provide your representative with all the required documents, namely:

• All-Russian passport;
• application in form No. 6, certified by a notary;
• notarized power of attorney;
• passport of the authorized person.

This is an exhaustive list of required documents, however, it is worth calling the passport office employees in advance and asking if any other papers are needed in connection with the statement by power of attorney.

Also on the topic: How to get back overpaid money for heating?

Sample of a standard document on deregistration (form No. 6)

Price

Despite the fact that the procedure for deregistration from an apartment is free, in case of deregistration by proxy, you will have to bear the costs. They consist of the notary’s remuneration, the cost of sending documents and (if necessary) payment of remuneration to the authorized person.

Therefore, it is impossible to name the exact cost of deregistration with the help of a representative - it is necessary to clarify the shipping rates, the amount of payment to the representative, and notary services.

Is it possible to write out without being present?

If a person agrees to eviction, this can be done without his direct participation. In other cases, we are talking about forced deregistration, usually through the court .

Deregistration is permitted forcibly without permission or notification of the person, if such a procedure is provided for by the concluded agreement on the basis of which the settlement in the apartment, house or hostel was carried out.

Some points of forced deregistration:

1. Does not apply to owners and close relatives.
2. Children under 18 years of age are deregistered only by their legal representatives.

Even in these cases there are exceptions. For example, the owner may be forcibly deregistered if he goes through insolvency proceedings. But more often than not, he himself is interested in completing the bankruptcy process; sabotaging this procedure with his reluctance to discharge will result in financial losses for him.

In other cases, when deregistration is required and the person’s personal presence is impossible, this is done by proxy. A document drawn up in accordance with all the requirements allows you to complete the procedure without a designated person.

Let's learn about the rules for issuing a notice of eviction from an apartment by reading a special article prepared by the editors of our website.

How to do it: algorithm

The whole process looks like this:

1. A power of attorney is issued.
2. All necessary documents are collected.
3. If there are several apartment owners, their consent is obtained.
4. The address and schedule of reception of persons at the Federal Migration Service at the location of the housing from which the citizen is being discharged is specified.
5. Visit the passport office, submit an application and accompanying documents.

The procedure ends with putting the appropriate mark in the passport. Usually there are no difficulties.

Incorrect behavior, suspicious appearance and behavior - all this can alert the passport officer. The result is that it will require the personal presence of the person being written out.

Therefore, it is recommended to play it safe, limit your consumption of alcoholic beverages, and behave decently. Ignoring this advice can lead to trouble, loss of time and money.

Other options

It is not at all necessary to register in advance; the law does not require this. The following option is possible :

1. Arrive at a new place.
2. Decide on housing, obtain permission to register in it.
3. Contact the local territorial body of the Federal Migration Service with an application for registration.

Based on the person’s application, the passport officer registers him at the new place of registration and automatically cancels the previous registration. Technically, a citizen is discharged without his presence.

Another option is through the official website of the State Services . The algorithm is as follows:

1. Register and identify yourself using your phone number and email address.
2. Take digital photographs of your passport, identification code, SNILS, military ID, driver's license.
3. Upload these pictures for verification.
4. Prepare the documents that will be described below.
5. After verification, select a registration service at your place of residence.
6. Upload the prepared documents and send them.
7. A message will be sent to the address specified during registration, which will confirm the receipt of documents, indicate the date of admission to the FMS and the address of its territorial body where you need to appear.

This method is identical to the previous options. The difference is that there is no need to wait in lines when visiting the passport office.

Power of attorney for extract and registration: sample

A sample power of attorney can be downloaded here.

Power of attorney for eviction from the apartment and registration at the new address

Odintsovo, Odintsovo district, Moscow region, Russia,

February twenty-eighth two thousand fifteen.

I, gr. Simonenko Vera Fedorovna, born October 19, 1947, place of birth: village. Palashkino Odintsovo district, Moscow region, citizenship: Russian Federation, gender: female, passport 96 01 245390, issued by the Odintsovo-10 Department of Internal Affairs of the Moscow region on March 29, 2002, division code 502-062, registered at the place of residence at the address: Moscow region, Odintsovo-10, st. Solnechnaya, 12 (twelve), apt. 33 (thirty-three), with this power of attorney I authorize gr. Simonenko Peter Alexandrovich, born July 3, 1978, place of birth: mountains. Odintsovo-10, Moscow region, citizenship: Russian Federation, gender: male, passport 96 07 759512, issued by the department of internal affairs of Odintsovo-10, Moscow region, September 15, 2007, unit code 502-062, registered at the place of residence at address: Moscow region, city Odintsovo-10, Solnechnaya street, building 12 (twelve), apartment 33 (thirty-three), to be my representative in all institutions and organizations of the Russian Federation, regardless of their organizational and legal form, regarding the removal of me from registration accounting and execution of other documentation from a residential building with outbuildings, conditional number 50:20:158:13924:0301, located at the address: Moscow region, Odintsovo district, Nazarevsky village, village. Palashkino, building 7 (seven) and registering me at the address: Moscow, Arsenyevsky lane, 156 (one hundred and fifty-six), apt. 78 (seventy eight).

Why do I authorize gr. Simonenko K.A. receive all necessary certificates and documents, submit applications on my behalf, certify copies, make changes and additions to documents, pay necessary expenses on my behalf and at my expense, sign for me and perform all actions related to the execution of this order.

The power of attorney was issued for a period of five years with the right of substitution.

I certify the signature of Pyotr Alexandrovich Simonenko __________.

June 28, 2015 _______________/______________/

Required documents

The main document is a power of attorney . It is drawn up by a notary; without fulfilling this requirement, it is considered invalid. In addition to this, the following are submitted to the passport office:

1. Passports of the person submitting the application and the principal.
2. Copies of title documents for real estate, if the application is submitted by the owner.
3. Written consent for the release of the remaining owners (not users!) of the property.

The principal's passport is required in the original. This is where the discharge marks will be placed. Legal documents include :

• Deed of gift;
• Contract of sale;
• Will.

If the apartment is state-owned, a social tenancy agreement must be submitted. Additionally, you will need SNILS and identification code.

General power of attorney

When issuing permission to represent the interests of a person upon deregistration, the document must provide instructions for precisely this action. If a general power of attorney is issued, then the person who receives this document can dispose of the apartment at his own discretion :

• Register other persons;
• Register the property in your name;
• Conclude a transaction for its alienation to third parties.

This is taken advantage of by unscrupulous “relatives” and scammers who act under the guise of lawyers helping citizens in matters of registering real estate and residents. There are different pretexts for obtaining a general power of attorney: why draw up documents several times, other actions will be needed, where additional powers of attorney are required, etc.

The more specific the permit is, the lower the risk of losing real estate. It is recommended to draw up and formalize it with a notary, listen to his recommendations, and consult on the current situation.

Where to go to sign up with a power of attorney

There are three options where you can go to get a power of attorney, but only two of them are relevant in most cases. Let's take a closer look.

MFC (My documents)

The most common option. Almost every locality has at least one such branch. Experienced specialists work here and they can issue an extract by proxy. The only drawback that can be considered is that people come to MFC branches with different requirements, and the queue is common for everyone. As a result, you will have to spend quite a lot of time waiting.

Passport Office

Only those passport offices are relevant that relate to the address where the potential applicant is registered and from which he plans to check out. There are no or virtually no queues, but often it is the representatives of the passport office who refuse to deregister by proxy, not wanting to take on such responsibility.

Through the State Services portal

This method is only relevant for the discharge of minor children. Parents can discharge a child without his presence and even without a power of attorney by submitting a standard appeal on behalf of the child’s representatives. Unfortunately, despite all the advantages, this system is only relevant for children under 14 years of age.

Also on the topic: Form 1 PU (housing and communal services)

Deadlines

Voluntary discharge from residential premises takes:

• When submitting an application at your place of registration – 3-5 days;
• When applying to the Federal Migration Service at your location – 2-3 months.

The difference in terms is explained by the fact that for a citizen who applies to the passport office at a place other than his place of registration, there is no information available on site; FMS employees are forced to request it at the place of registration. They prepare and send a written request. The following must be responded to:

1. Check information.
2. Make extracts and copies.
3. Send a response to the request.

Upon receipt of the message, you may need some clarification. These procedures take several months . It is for this reason that it is simpler :

1. Draw up a power of attorney.
2. Send it along with your passport to a relative at your place of registration.
3. The authorized representative will deregister and send the passport to the principal within 3-5 days.

The entire procedure will take a working week and time to send documents by mail - this is 2-3 weeks.

Legal aspects of a power of attorney statement

In addition to the power of attorney, in order to register without personal presence, you need to give the attorney a notarized application for deregistration and the principal’s passport.

The general order of discharge is as follows:

1. A representative contacts the passport office or MFC with a set of documents.
2. Show up in a few days to receive a departure slip and a passport with a deregistration stamp.

After a citizen has received a passport with an extract stamp, the power of attorney can be revoked at any notary.

Regardless of the validity period of the document, after entering information into the appropriate register, the power of attorney is considered revoked. No one else will be able to use it, which will protect the principal from fraudulent activities.

Case practice

A Russian citizen lived for several years on a work visa in Germany and received a residence permit in this country. At home, he still owned half an apartment, the other half belonged to his parents. His desire is to check out of this home and renounce the right to own it in favor of his father and mother. At the same time, he did not have the opportunity to come to the country .

On the recommendation of lawyers, he drew up a statement, which he certified at the Russian consulate in Germany, and sent it to the passport office at the place of registration. To transfer ownership rights to his parents, he sent them a general power of attorney, on the basis of which they alienated the living space.