Is it possible to register a child if there is rent arrears?

Home / Housing disputes / Extract from an apartment with debts

Debts to utility companies are by no means uncommon in our society. Statistics show that the majority of persistent defaulters found themselves in an uncomfortable status not of their own free will. Nevertheless, the accumulation of debts does not benefit residents.

There is an opinion that it is impossible to check out of an apartment with debts. Is it really? What happens to defaulters? How can you protect your rights? We will talk about this in our article.

Is it possible to check out of an apartment with debts?

First of all, let's figure out what is usually considered debt for an apartment? The debt may cover rent, electricity, gas supply, and, less commonly, Internet and telephony. The overwhelming majority of debts are associated with rent, as the most impressive expense item on the receipt. Consequently, if a tenant has arrears for an apartment, he is automatically equated to debtors to the Management Company or the HOA.

Is it possible to check out of an apartment with debt? Let us turn to the provisions of legal acts and regulations:

Every citizen of our country has the right to choose their place of residence - by virtue of Art. 27 of the Constitution of the Russian Federation. In addition, nothing is said about debts - this is the first point.
Decree of the Government of the Russian Federation No. 713 of July 17, 1995 (as amended on May 25, 2017) - gives an idea of the registration of citizens (extract and registration). There is no information on the prohibition of discharging a person with debts - the second point.
The obligation to pay rent and utilities is regulated by the Housing Code (Clause 1, Article 153 of the Housing Code of the Russian Federation). There are no restrictions on discharge in the presence of debts - the third point.

Thus, the law obliges citizens to make regular payments for housing. But no connection with the ban on leaving the apartment can be traced. Payment of utility bills and registration accounting are independent categories from each other. Therefore, it is possible to check out of an apartment with debts, but the debt will not disappear.

Do debts affect check-out?

Citizens often wonder whether their debts for an apartment can affect their release from it. Here it is worth turning to the main legislative act in force in Russia - the Constitution. According to its article 27, everyone whose presence in the state is legal has the right to free movement, as well as choice of place of stay and residence. Of course, there are special restrictions applied to those convicted of crimes or accused of them, but registration is not a written undertaking not to leave the country, and cannot be used as a restrictive document.

There is no need to register specifically. It is enough to obtain a permanent registration at the new place of residence, and the citizen will be discharged from the previous one at the same time, since it is impossible to have two permanent registrations at the same time. But sometimes it is still necessary to check out if permanent registration in another housing is not expected in the near future.

Reasons

Having figured out that the procedure for extracting debts is not prohibited by law, it’s time to consider the reasons for deregistration. They will coincide with the grounds for ordinary cases.

Grounds for checking out of an apartment with debts:

concluding an agreement for the purchase and sale of an apartment and its sale - automatic transfer of responsibility for debts to the buyer of the apartment (with the latter’s consent);
termination of the residential lease agreement;
divorce;
demolition of a building with privatized apartments;
other reasons.

The situation is more complicated with tenants - if they do not pay the rent, the debt is automatically assigned to the owner. The latter can discharge negligent tenants through the court, but he will not get rid of the debt. Provided that he does not pay for utilities out of his own pocket. The only option is to demand payment of utility debts from tenants. The procedure is quite scrupulous, it requires time and knowledge - therefore, it is impossible to do without consulting an experienced lawyer.

Child registration

The birth of a baby brings with it not only simple human joys and concerns, but also includes a number of bureaucratic processes.

Because the sniffling pink baby is not just your son or daughter, but also a new member of society with all human rights, the state wants to include him in the list of new citizens for recording and issuing various benefits: medical care, social payments and guarantees, places in kindergarten and so on.

Hello. I have the following situation: I and my child (I’m a single mother) are registered in my mother’s privatized apartment. But I would like to register my child and I in my father’s apartment. His apartment is not privatized and he has debts for rent - more than 100 thousand. Can I go there? register? And is it possible to make a temporary registration at the address of the actual residence of the mother, so as not to pay debts for the father’s apartment?

Your father has the right, as a responsible tenant, to move you in and register you in this residential premises, while your obligations to pay utility bills will arise from the moment you register there.

If you actually live in your father’s apartment but your mother will register, you will still be required to pay for utilities and bear other responsibilities.

Your father’s debt for utilities will not fall on you; moreover, you can split your personal account and pay only your share of utility bills.

Temporary registration: what is the danger for the owner of temporary registration of a child or adult

What are the consequences of temporarily registering another person as a homeowner? Read on to find out whether a registered tenant can claim your housing, what rights he has, and what to do if a conflict arises with him.

This is impossible, since temporary registration (as well as permanent registration) does not give him the right of ownership of real estate. Of the entire triad of powers that make up the right of ownership, a person with non-permanent registration has only one - the right to use.

How to check out of an apartment if you have debt?

Let's move on to the procedure for checking out of the apartment. It should be noted that it is not necessary to register at the old address. It is much more convenient to register in a new place, thereby canceling the old registration (clause 31 of PP No. 713 of July 17, 1995). However, if you have not yet found suitable housing, you can discharge yourself through a separate procedure.

Procedure

Before applying for an extract, you need to decide on the government agency. Now registration records are handled by two authorities at once: the Main Department of Migration of the Ministry of Internal Affairs - the main one, “passport offices”, as well as intermediaries represented by the MFC “My Documents”.

You are unlikely to be able to check out of your apartment with debts from the “passport agents.” Severe registrars will look at your personal account and present you with debts. Even despite the Regulations, it is extremely difficult to register at the offices of the housing company . Therefore, you should contact either directly the departments of the Ministry of Internal Affairs or the Multifunctional Centers (MFC). It does not matter - for simultaneous registration and deregistration or only on the issue of deregistration.

Procedure

Step-by-step instructions for checking out of an apartment with debts:

Consult a lawyer (optional, but recommended);
Contact the Department of Internal Affairs - at your current address or in a new area. If you go to the MFC, your place of residence does not matter.
Registrars will ask you to fill out an application for discharge using Form No. 6 - if you are registering at once, fill out both parts of the form. But in any case, you need to indicate the address of your new place of residence (even if you have not found it yet). No one checks information about the new address - this is a pure formality.
Give the registrar a package of documents and a completed application.
Fill out the departure form or statistical departure sheet (for departure for permanent residence abroad).
Wait for the registrar to process your application. In exchange for your given passport, you will be given a temporary identity card. The document is valid on the territory of the Russian Federation for 30 days, and if registration deadlines are delayed, it is extended at the request of the citizen.
Make a second visit to the Department of Internal Affairs or the MFC to receive a stamped passport. The inspector will inform you that from the moment you receive the documents, you are officially discharged from the apartment (and registered in a new one - if you order a simultaneous discharge by registration).

There is also an option to deregister an apartment through the State Services portal. To do this, you need to create a Personal Account or log in using your username/password. Electronic checkout from an apartment saves a lot of time. It only takes 5-10 minutes and your application will be sent to the appropriate authority for verification.

Application for deregistration of an apartment (sample)

Citizens' requests for an extract are made in the form of an application in Form No. 6. The issued form is filled out directly at the reception office. But you can enter data before going to the Department of Internal Affairs, based on the sample.

Contents of the application for discharge from an apartment with debts:

name of the migration authority;
Full name and date of birth of the person applying (children under 14 years of age are discharged with the participation of their parents);
information about the identity document (passport - series, number, who issued it, when it was issued, department code);
the new address where the person leaving is moving;
where does the extract come from?
signature, signature transcript and date.

The remaining points of the application are filled out by an employee of the migration department. After submitting the application, the discharge process is considered to be started.

Documentation

When checking out an apartment with debts, you need to prepare documents. The standard list consists of a passport and an application for discharge from an apartment (form No. 6). But this is only if you intend to deregister. We talk about all the nuances in a separate article, which concerns the list of documents for removing a person from an apartment.

Simultaneous registration and check-out from an apartment with debts provides for:

Russian passport;
application in the prescribed form (see above);
title documents for the apartment (sale and purchase agreement, donation, privatization, etc.);
certificate of ownership or extract from the Unified State Register of Real Estate;
an application for moving a tenant from the owner of the apartment (when registering in someone else’s living space);
owner's passport.

Please note that the presence of the apartment owner when registering third parties is MANDATORY! Thus, registrars see that the owner of the property is not against registering new residents in his apartment. At the same time, written consent is drawn up in free form.

Registration of a newborn if there are rent arrears

Registration at the place of residence does not depend on the presence or absence of debt on utility bills.

If the apartment is owned, then the owner’s consent is required to register a person in the apartment.

If the apartment is municipal, then the consent of all persons registered in it and the landlord will be required. According to Article 70 of the Housing Code of the Russian Federation, a tenant, with the consent in writing of his family members, including temporarily absent members of his family, has the right to move into the residential premises he occupies under a social tenancy agreement his spouse, his children and parents, or with the consent in writing of members his family, including temporarily absent members of his family, and the landlord - other citizens as members of his family living with him.

Price

Perhaps the most pressing question when checking out of an apartment with debts is how much does the procedure cost? In addition to the fact that the tenant retains the amount of the debt, there is no need to pay for registration accounting .

True, there is an option when there is no time to do everything personally. Then it is permissible to check out of the apartment by proxy - by a third party. Costs will be associated with notarization of documents. The price list will be announced by the notary himself during your personal visit to the office. Typically, a power of attorney costs from 1,200 rubles and more.

Is it possible?

The standard procedure for registering at a new place of residence looks like this. You need to be discharged from your previous place of residence (if you plan to register in the same locality where you were previously registered, then the discharge will be made automatically when registering in a new place).

Submit an application on Form No. 6 at the passport office at the place of new registration (for those wishing to obtain registration), an application for consent to registration (for homeowners, if you are registering in someone else’s living space).

Submit a complete package of required documents along with the application.

The process of obtaining an extract and registration may take from 1 to 14 working days from the date of application.

On the appointed day, you receive a passport with a stamp confirming your new registration.

The full package of necessary documents for registration at a new place of residence includes:

general passports or birth certificates (if registering children under 14 years of age) of home owners and registered citizens;
a document confirming ownership of the apartment;
a document confirming the basis (a purchase and sale agreement for residential property, a gift, or a notarized copy of a will);
departure slip (if you have already deregistered at your previous place of residence);

Refusal to register on the basis of debt is a direct violation of the passport regime. Contact the prosecutor's office or the Federal Migration Service.

Deadlines

Processing of applications for the discharge of citizens takes into account the deadlines provided by law:

Registration takes from 3 working days;
simultaneous registration and check-out from the apartment will take up to 14-30 days.

As soon as the documents are ready, the registrars will send you an invitation to appear at the department. But it is not a fact that the discharge will take place - it is possible to receive a refusal due to non-payment of debts. This happens if the management company or HOA managed to sue you and received a writ of execution. Before you check out of the apartment, you have to pay off the debt.

About the opportunity

Is it possible to obtain an extract from housing if there is a debt on rent and utility bills? Yes, you can .

This is provided for by the Basic Law of the Russian Federation (Article 27), which enshrines your right to choose your place of residence, as well as by Decree of the Government of the Russian Federation No. 715 (2020 edition), which does not say anything about the fact that the fact of non-payment of housing and communal services can become a “barrier " . Moreover, it does not matter whether the housing is municipal or privately owned.

In order to do this, you can contact the passport department of the Department of Internal Affairs or go to the State Services portal. It’s better not to go to the Management Company , your nerves will be better. Why?

Passport officers may begin to object to the statement and threaten that they will not deregister until you repay in full. But they also have jurisdiction - you can demand an official document indicating the reason for the refusal and intimidate them with Article 19.1. Code of Administrative Offenses of the Russian Federation - “arbitrariness”.

Another thing is that all registration statements do not relieve financial obligations. Moreover, the Criminal Code will be able to force you to comply with them through the courts. And the very fact of deregistration may sound like a signal for an attack for the housing department , if they have not paid for at least six months.

No one will take away your rights granted by the Constitution, but you also have responsibilities as a tenant , which include timely payment for the goods supplied.

The rights of the Management Company include protecting its interests in court - Art. 153 Housing Code of the Russian Federation. Which is most likely what will happen if you leave everything as it is.

Moreover, this does not even require your presence in the courtroom. It is enough to have an agreement signed by you with the Management Company , the judge will make a decision and it will be sent to the FSSP.

Find out how to check out of an apartment while in another city, and whether it is possible to check out a person by proxy without personal presence, from the articles on our website.

Nuances of extracting debts from:

Municipal apartment

It is not difficult to leave a municipal apartment with debts. Registrars do not have the right to refuse registration solely on the basis of debts. As we found out above, these are two different categories. Extract is possible with a joint personal account . The person responsible for payment is the tenant of the municipal apartment. The remaining residents are jointly and severally liable, but can be discharged without any problems.

Privatized apartment

Both the owner and the residents can issue an extract from a privatized apartment. Arrears on rent or other payments do not become an obstacle. It also does not matter which apartment the citizen is registered in - burdened with debts or without debts.

Moreover, the seller of an apartment with debts can sell the home. The most important thing is to notify the buyer about the arrears, and, if the latter does not mind, record information about the debt in the purchase and sale agreement (see “Is it possible to sell an apartment with utility debts”).

Who will have to pay the rent?

In the case of an extract from an apartment, the situation with debts is regulated as follows :

In a municipal apartment, residents are jointly and severally liable for the rent, and the debt accrued on the apartment will remain with the tenant who checks out until it is repaid (but it can also be repaid by other residents of the apartment).
Extract from the property in the property retains the debt of the owner or owners - you will not be able to evade your debts.
If there is a transaction for the purchase and sale of an apartment, the buyer must be notified about the debts and he can be offered to accept the apartment with the debt, otherwise the debt may become an obstacle to completing the transaction. If the buyer agrees to accept the apartment with the debt, the debt is automatically transferred to him.

Find out when it is possible to evict a municipal apartment for debt!

Attention: a purchase and sale transaction is the only way to transfer responsibility for debts to another person, while you can check out of the apartment with debts in advance, and then add a clause in the contract for the purchase and sale of housing, where no one is already registered, to transfer the debt to buyer.

What to do with debts?

A logical question arises: what to do with debts when checking out of an apartment? We are in a hurry to upset unscrupulous payers - debts to public utilities will not go away. They will have to be paid in any case.

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

It is advisable not to delay payment, as all patience comes to an end. If the Management Company or HOA sues you, you will lose the case. You will have to pay off the debt forcibly. The issue is referred to the bailiffs, who will immediately seize your bank account, withhold part of your salary or seize property - and so on until the entire debt is paid.

Knowing that you have a debt to the management company, ask to restructure the debt .
The request is drawn up in the form of a regular agreement (one copy for the utility company, the other for you). The advantage of debt restructuring can be considered favorable conditions for both parties. Most likely, you will increase the settlement period and reduce the amount of payments. Instead of the conditional 5,000 rubles, you will need to pay 2,500 rubles monthly and stably. This partly solves the problem and takes the burden off the debtor’s shoulders.

Difficulties in getting out of debt

Registration is a fairly energy-intensive undertaking. The situation may be complicated by the presence of debts to utility companies.

What difficulties await debtors:

Seizure of a share or the entire apartment - this will not interfere with the deregistration, but it will complicate the sale, rental, exchange or donation of housing;
Selling an apartment for debt is by no means uncommon nowadays, especially when it comes to mortgaged housing;
Preservation of debt - it is a mistake to believe that the statement will instantly cancel all your debts on your personal account - on the contrary, they will remain and begin to accumulate for a new apartment;
Termination of benefits and subsidies - the accumulation of debts to the management company or HOA leads to the fact that the debtor will lose previous privileges, and this will hit the finances even more.

However, this is not a complete list of difficulties of a property and non-property nature. Problems may also arise at the discharge stage.

Let's look at an example:

The elderly Agafonovs owned a 3-room apartment, in which their son and daughter also lived. After some time, the daughter got married and gave birth to a child. The married couple was temporarily registered in their parents' apartment. The Agafonovs’ son lived in a rented apartment and decided to leave his “parental home.” The Agafonovs did not pay for utilities, and therefore accumulated huge debts. When checking out of his parents’ apartment, the son did not contact the Management Company, but the Department of Internal Affairs in his region. The inspectors asked the young man to fill out an application, after which they accepted the documents. There was no need to present any receipts for the absence of debts. After 3 days, the son visited the migration office again and picked up a passport with a discharge stamp. As we can see, the procedure was successful, despite the fact that the residents had accumulated debts for utilities.

How can I check out?

There are three ways to check out of your apartment if you have debts for utility bills:

resolve the issue with the management company;
visit the passport office;
use remote services.

The management organization can agree on restructuring. Typically, management company employees accommodate defaulters who want to pay off any arrears that have arisen. The last two methods are the easiest; they will help you check out without communicating with the management company employees. And when using online services, time is saved, and they are available to both owners and residents with a social tenancy agreement. The discharge can last from 1 to 14 days. After this, the person receives a passport with a discharge stamp.

How to protect your rights?

When faced with a refusal to sign you out of your apartment with debts, know that you can always appeal it. Before making a decision, consult with the lawyers of our portal. Expert help is never superfluous.

Ways to appeal the refusal to extract from an apartment with debts:

Write a statement to the prosecutor's office with a request to conduct an investigation into the fact of an unreasonable refusal to accept documents. The application review period is up to 30 days.
File a claim in court - indicate that the registrars are violating the current Regulations and denying you an extract. The period for consideration of a claim is 5 days, and hearings can take up to 2-3 months.
Write a complaint to the registrars - refer to Art. 19.1 Code of Administrative Offenses “On Arbitrariness” in the Workplace. Before doing this, you need to request an official written refusal from the inspectors. Then you will have evidence of unlawful actions of police department employees.

Try to make an extract at the same time as registering in a new place. The procedure takes a little longer, but the risk of being rejected is much lower. According to the Regulations, you will be given a stamp to check out of the apartment within 3 days from the date of your application. Next, you just have to wait until registration at the new address is completed.

Let's summarize:

Having debts for an apartment is not a reason to refuse deregistration.
Discharge from residential premises occurs in a standard form.
The applicant submits an application and documents in any convenient way: through the MFC, department of the Ministry of Internal Affairs or State Services.
The accumulated debt remains with the person.
Prolonged non-payments threaten a lawsuit from utility companies - in this case, the matter may lead to eviction, seizure of the apartment, bills and other property of the debtor.
The best option is to write an application to the management company about debt restructuring. Payments will be made according to the new schedule, and the monthly amounts will be less.
The second option is to sell the apartment along with the debts. They will be transferred to the buyer (if he agrees).

How to proceed?

What if there is arrears in utility bills and you need to deregister?

Having arrived at a new place, you should go to the Management Company as quickly as possible and deal with the situation.

If you find the money, pay it all at once and forget about the debt.

If you are still broke, ask the housing department for debt restructuring , they will accommodate you. But under no circumstances hide from utility workers in the hope that “either the Shah or the donkey will die,” it’s useless.

The debt will not disappear and it will not be forgiven. The court will demand the entire “underpayment” at once, plus costs. Therefore, go to the management company and sign a document on restructuring (one copy for you, one copy for the management company).

All that is required is to adhere to the payment schedule and not be late in making payments. Officials are usually willing to cooperate in this case. You will jointly choose a schedule and size of the “tranche” that will suit both parties.

What other advantage of such a solution? Maintain your right to benefits and subsidies - this is the first thing. Secondly, you don’t have to look for large sums, but contribute little by little, and they will give you time for this.

Is it possible to check out of an apartment with debts upon sale? Suppose you apply for an extract before selling your living space. In this case, the fact of the debt must be stated in the transaction agreement. It will fall on the new owner .

True, this is only possible if the future owner agrees to this . No one can oblige the buyer to pay the bills of the previous owner.

So, there is only one answer to the question: what to do if you have a debt for an apartment - pay and the sooner the better. Deregistration will not play a significant role.

If you leave public housing, you will no longer be able to become a co-owner. You should remember this and weigh the pros and cons before writing an application.

However, if this happens, this does not mean that it will not be possible to take part in the privatization of other state “squares”. Once in a lifetime, every citizen can do this for free. It will be enough to register for a non-privatized territory on a permanent basis.

You can learn about how to check out of housing at the MFC or on the State Services website, as well as what documents are required to deregister at your place of residence from our articles.

Legal assistance

An apartment burdened with debt brings a lot of inconvenience, ranging from proceedings with the management company (HOA) to refusal to register. The information discussed above is general. It is far from certain that your case fits into the standard framework. It is quite possible that you cannot do without the opinion of an experienced lawyer from the outside. Otherwise, you risk aggravating the debt situation and incurring eviction through the court.

Lawyers on our portal provide free online consultations.
Specialists will listen to your problem and prepare a legal opinion. By contacting a lawyer, you will find a reliable ally in him. Timely consultation will help you get out of a difficult housing situation with dignity. Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

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