Is it possible to check out of an apartment to nowhere while being in another city?

Answered by the notary of the Notary Chamber Anna Tavolzhanskaya (St. Petersburg):

The first, most correct from the point of view of the law, method is to submit documents for permanent registration (registration) at the new place of residence with an application for deregistration (extract) at the old place of residence.
This method is suitable for you if you are going to register in the city where you actually permanently reside. The application can be submitted to the MFC, directly to the registration authority at the new place of residence or through the State Services portal. It should be taken into account that in this case the period for extracting will be somewhat delayed, since the organizations involved in this process will send your documents to each other. The law does not prohibit submitting documents to the MFC for deregistration without registering at a new place of residence, but it is better to check the possibility of carrying out this operation in the city in which you live directly with the MFC. How to remove your daughter from registration in absentia in order to sell an apartment?

How to register permanently and how to check out of the apartment?

The second way is to issue a power of attorney (for example, to parents) to perform all necessary actions to remove you from registration. The power of attorney must be certified by a notary. It is also advisable to have the application for deregistration certified by a notary. In this case, your representative will submit this application on the basis of a power of attorney directly to the registration authority at the location of the apartment being sold.

This method has 2 drawbacks: firstly, it is not provided for by law, and, secondly, the registration authority will have to put a mark in your passport about deregistration and give your passport to your representative by proxy, which the law does not do allows. In practice, in some cases, specialists from registration authorities meet applicants halfway and issue an extract from citizens in this way. You can submit documents for an extract both before the execution of the apartment purchase and sale agreement, and after its execution. This depends on your agreement with the buyer.

How can you check out of an apartment if you are in another city?

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Every resident of Russia must have a temporary or permanent registration, otherwise he is deprived of many rights and opportunities provided by the state, and is also obliged to pay a significant fine for lack of registration, in accordance with Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation.

Formally, deregistration is possible in any locality in the country, but the process takes a little longer if the deregistration is carried out in another city.

How to check out of an apartment while in another city?

In practice, Russian citizens often live at an address that does not coincide with the one indicated in their passport as their official residence permit. At a certain point, for some reason, a person may need to leave an apartment located in another city (for example, to participate in a privatization program).

There are 2 main ways to deregister when staying in another locality:

The first method is discharge to “nowhere”

If you do not have the opportunity to return to the city where the residential premises in which your registration is located and independently submit an application to the passport office, the solution in such a case will be to issue a power of attorney.

A citizen has the right to draw up both a general and a special power of attorney in the name of his representative (in the latter case, the individual powers of the person are indicated). This document must be certified by a notary office.

In addition to the power of attorney, it is also possible to notarize an application requesting an extract. In this case, a blank form is usually provided by a notary.

The citizen’s representative must contact one of the institutions involved in registration operations - the Federal Migration Service, the MFC, the housing department or the homeowners association - with the following papers:

• the applicant’s passport (the document can be sent by registered mail);
• application in form No. 6 for deregistration (the form of the standard form differs depending on the registration the applicant has - permanent or temporary);
• power of attorney;
• representative's identity card.

In some cases, this list of papers must be supplemented with a house register (if the deregistration is carried out from a private home), consent to the procedure from the public educational institution (if a minor child is deregistered), etc. It is recommended to check the full list in a specific situation with a civil service employee.

After submitting a request to the government agency, the representative is given a corresponding receipt with the approximate date of completion of the process. On the appointed day, the authorized representative must receive the applicant’s passport with a note on the discharge or a certificate certifying deregistration (usually issued to children under 14 full years of age and citizens with temporary registration).

Interesting article : How to check out of your own apartment and register in another?

The second method is automatic deregistration by re-registration

If a citizen has residential premises in another locality where he can register, this method is the most profitable. It involves contacting the passport office, which is assigned the territory where the apartment in which the citizen wishes to register is located.

The deregistration procedure in this case includes the following steps:

1. collecting documentation to be sent to the appropriate institution;
2. filling out an application and submitting papers at the place of new registration to the housing department, MFC, HOA or Federal Migration Service;
3. receipt within the established time frame of a passport with a note of new registration or a certificate confirming registration.

Among the main papers presented to the passport office, depending on the situation, are:

• title documents for the apartment;
• ID card (for children under 14 years of age - birth certificate, for persons over fourteen years of age - passport of a citizen of the Russian Federation);
• application form issued by civil service employees;
• consent to the procedure from the owner of the property (if the property is individually owned), all co-owners of the premises (if the premises are shared ownership), the public organization (if a minor citizen is registered), the local municipality and all tenants of the property (if we are talking about municipal premises) .

The above list, depending on the circumstances, can be supplemented (for example, with consent to registration from the bank, if the apartment is under a mortgage, and a similar condition is specified in the loan agreement). You can clarify information about the list of papers from an employee of the Federal Migration Service, MFC and other authorized institutions.

Legal documents can be documents on the basis of which a citizen has the right to own housing (for example, a deed of gift). The government agency employee is also presented with an extract from the Unified State Register.

If the premises are the property of municipal authorities, it is required to present a warrant, thanks to which the person moved into this address, or a social tenancy agreement.

In addition, if the apartment is not owned, when submitting an application, the personal presence of all co-owners or tenants of the housing is required at the civil service office.

The application form depends on the type of registration you are receiving - temporary or permanent. In the first case, fill out this sample request according to Form No. 6, in the second - a similar form.

The only difference in this case is the final result of the procedure: with permanent registration, a passport with the appropriate mark is issued, with temporary registration, a certificate in Form No. 8 is issued.

Useful material : Privatization of an apartment, timing and cost.

Terms and cost of the deregistration service

To check out of an apartment in another city, a citizen must receive a certain certificate in Form No. 8, confirming the presence of temporary or permanent registration (in the latter case for minor children), or a passport with a note on the person’s registration.

Verification of the request and the documentation provided to the government agency takes different amounts of time depending on the circumstances of the particular situation:

• up to 3 days at the Federal Migration Service or about a week at the housing department, MFC or HOA, if the application was submitted at the place of registration by a representative;
• from several days to a month inclusive, if the request was sent in another city without a preliminary extract from the previous residential address.

The service for deregistration and registration of a citizen is provided free of charge. The only cost may be issuing a power of attorney or notarizing the application to the Federal Migration Service.

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Source: https://urmozg.ru/pravo-sobstvennosti/kak-vypisatsya-iz-kvartiry-nahodyas-v-drugom-gorode/

Nino Gulbani, a lawyer at the Homeapp technology agency, answers:

In practice, there are two options for remote checkout (by proxy) from an object:

1. discharge “to nowhere”;
2. registration at a new place of residence.

First of all, you should find authorities authorized for such actions in another city (primary residence) (passport office, MFC). Next steps are as follows:

• the authorized representative goes to the selected institution with a passport, power of attorney;
• As a rule, on-site specialists provide “Form 6” (application for deregistration) for filling out;
• An agency employee checks the correctness of filling in the data and verifies the signatures of the applicant (representative, authorized person).

An application for deregistration is sent by the department within 3 working days to the address of the previous place of residence. The archive of materials is stored in the authorized body where the application was submitted until information is received about the deregistration of the citizen at the old place of residence.

The general period in this situation is 6-7 working days, in accordance with the Administrative Regulations (Order of the Ministry of Internal Affairs of Russia dated December 31, 2017 N 984). The service is free. Based on the results of the operation, a stamp indicating deregistration is placed in the applicant’s passport.

Now about the sale. You can also sell an apartment by proxy through an authorized person. The power of attorney must indicate the authority in the form of signing a purchase and sale agreement for the property, indicating the address of the apartment being sold, as well as the authority to submit documents. Documents can be submitted through the MFC, through the State Services portal (in this case, the electronic signature of the applicant is required), as well as through the registration authority (Rosreestr) through a personal reception (depending on the subject of the Russian Federation).

How to check out of an apartment while in another city, different ways

Many people are concerned about the question: “Can I leave my previous apartment from the house where I currently live?”

Deregistration occurs remotely at the request of a person from another city who, for various reasons, is not able to personally visit the relevant organization at his place of registration. There are several ways to solve this problem, each of which has its own characteristics and nuances.

If you are registering in another city, a detailed step-by-step algorithm

The first option is the automatic deregistration procedure, or re-registration. This means that when registering in another locality, a person can check out of the apartment in absentia without coming to the previous city.

This method significantly saves citizens’ time, since it is a simultaneous procedure for registration at a new address and deregistration from the old place of residence.

To resolve the issue you need:

1. Contact the territorial office of the Federal Migration Service (FMS) at your new place of residence or the passport office, if available.
2. Provide the required package of documents. The registrar must check the papers for completeness and accuracy and return them back to the applicant.
3. Fill out a formalized application (form No. 6). When filling out an application for registration in another apartment, a citizen submits an application (tear-off coupon) for deregistration from the old address. The passport office employee will send the request for an extract from the previous place of residence independently.
4. Hand over your passport to an employee of the authorized body to affix stamps for re-registration and receive a temporary identity card. The document is valid for a month.
5. After the expiration of the established period, receive a postal notification about the completion of the procedure and go to the authorized body for a completed passport.

Thus, if a person decides to register in an apartment while living in another city, deregistration from the previous residential premises occurs automatically.

IMPORTANT! In a situation where employees of an authorized body require an extract from the old address, refusing registration at the new place of residence, it is necessary to contact a senior manager with a request to take action and stop the violation of the law.

In the event of a written refusal to register, you can restore your rights in court.

Where to apply, documents, deadlines, cost

You can re-register in another city through the regional passport office or directly at the territorial office of the Federal Migration Service. To obtain a simultaneous registration and deregistration, you will need to present:

1. Passport of the registered citizen;
2. Title documents confirming ownership of the apartment (agreement on social rental of premises, certificate of state registration of rights, extract from the Unified State Register of Real Estate)
3. If a person is not the owner of the property, the permission and presence of all owners or their representatives is required. All owners must provide identification documents, as well as papers indicating the basis for owning the apartment.
4. When registering in a municipal apartment, if the citizen registering is not a relative of the registered persons, you will need to obtain consent from the Department of Municipal Property Management. If a close relative is registering, consent is not required, but everyone’s presence during registration is required.
5. In a situation where the apartment is pledged to the bank, you need to provide permission from the credit institution for registration (if there is a specified condition in the agreement).

Documents are submitted along with a formalized application, which contains information about:

• name of the territorial registration authority;
• last name, first name and patronymic, passport details (or birth certificate) of the person registering;
• arrival address (previous place of residence);
• the person providing the residential premises and the address at which registration is carried out;
• date of submission.

At the end of the document, the personal signature of the applicant and the person providing housing is required. In addition, each owner (tenant) must write a separate statement of consent to registration.

The re-registration period may take 2 months. The duration of the discharge process, and accordingly, registration depends on several factors:

• at what distance are settlements located from each other?
• work schedule of institutions (holidays).

You can register a person from one city and register him in another completely free of charge. There is no need to pay a state fee for withdrawal and registration.

If you are being discharged to nowhere, a detailed step-by-step algorithm

The second option for deregistration in another city is deregistration from a residential premises without registration to a new one, in other words, “to nowhere.” As a result of the procedure, the citizen loses registration in the country and becomes a person “without a fixed place of residence.”

If you live in another city, you can deregister without subsequent registration through an authorized representative. For this purpose, you need to draw up a special permit document - a power of attorney and have it certified at a notary office.

Description of the step-by-step process of discharge without further registration:

1. Initially, you need to find out from the authority dealing with migration issues in the territory where the citizen is registered whether it is possible to check out of the apartment through a proxy.

IMPORTANT! You need to be prepared for the fact that a negative answer will come from the passport office, since not all authorized migration authorities can register a person through a proxy. It is often required that a citizen come in person or explain over the phone the reasons for such a situation, since people often resort to statements “to nowhere” for the purpose of fraud.

1. If consent is obtained at the regional passport office in the locality where the person is still registered, it is necessary to contact a notary to fill out an application for deregistration. The application must be completed by a registered citizen. The authenticity of the signature on the application will be confirmed by a special certification inscription of the notary. In addition, a document certified by a notary indicates that the application was written by the citizen voluntarily and at his own request.
2. The next step is issuing a power of attorney to the person handling the extract. The power of attorney application can be completed immediately, so as not to contact the notary several times. To issue a power of attorney, a civil passport of the authorized person is required. If it is not possible to provide the original passport, you can send an electronic document. The power of attorney must indicate its validity period.
3. The penultimate step is a visit to the district passport office by an authorized representative and submission of the required package of documents. After receiving and checking the papers for compliance with all requirements, the employee accepts the documents and reports the expected date of passport readiness.
4. After receiving a letter stating that a citizen has been deregistered, you can go to the passport office and receive a document with a stamp.

IMPORTANT! It is necessary to take into account that when issued by power of attorney, the passport will remain with the authorized body for a month. In this case, a temporary certificate will not be issued.

Where to apply, documents, deadlines, cost

The authorized person, as well as the person signing out, must contact the passport office or department of the Federal Migration Service of the city where the principal is registered.

Compared to the previous method, extracting a power of attorney involves collecting a more impressive list of documents:

1. Application in form No. 6 from the person signing up, certified by a notary.
2. Notarized power of attorney with the authority to register the principal.
3. A copy of the authorized representative's civil passport.
4. Original passport of the citizen being issued.

In the case where the extract is carried out by a trusted person, the registrar especially carefully checks the package for completeness and accuracy. If an employee of the authorized body has the slightest doubt or a shortage of any document is discovered, the extract will be refused.

If deregistration is carried out remotely through a representative by proxy, additional costs inevitably arise. The power of attorney must be in writing and certified by a notary, who will charge the cost according to the established price list.

Extract by power of attorney lasts at least a month. In most cases, the process is delayed as a result of the work of the postal organization, the peculiarities of the period for sending notifications (holidays), and also due to the remoteness of cities from each other.

Nikolai Yablokov, head of the department of JSC Property Fund of St. Petersburg, answers:

The easiest option is to register permanently at your current place of permanent residence. OVIR will have to send information about deregistration to the old address. You just need to take into account that in this case (lack of permanent registration) the benefit (compensation) for paying for utilities at the previous address may be lost.

Can the new owner remove the old one from the house?

Is it possible to check people out of a purchased room?

The lawyer of the legal service “Unified Center for Protection” (edin.center) Andrey Yesilevsky answers:

A power of attorney is not enough here. You need a notarized consent to deregister yourself. If a person lives in another city, then notaries provide services for remote sending of documents certified by an enhanced qualified electronic digital signature; Notaries call this “certification of equivalence.” This is done step by step as follows.

1. The owner is looking for which notary can send a document certified with an electronic digital signature by email to another notary in the destination city.
2. The owner is looking for which notary in the destination city can accept such a document from a notary in another city and certify its equivalence.
3. The owner takes the original document on ownership of the apartment and goes to a notary in his city (who can provide a shipping service).
4. The owner asks to draw up an agreement to remove himself from the registration register and send it to the notary from another city whom he could find and who can accept e-mail. To do this, you need to know the city, last name, first name and patronymic of the receiving notary - notaries have directories of email addresses.
5. Parents come to the receiving notary, pick up the document sealed by the receiving notary, and take it to the passport office.

Both the sender and the recipient will have to pay a state fee to the notary, and deregistration will be free. The passport office will issue application forms and collect consent.

How to register the transfer of ownership of real estate?

If I check out of the apartment, will I pay taxes and utilities?

How to check out of an apartment while in another country, step by step procedure

Some people have a question about what to do when a person wants to check out of an apartment, living not only in another city or region, but in another country altogether.

1. First of all, you need to consult the Russian embassy where the person is located and obtain permission to issue an extract from Russia.
2. Next, a statement is written and, together with the power of attorney, certified by a notary.
3. All documents can be sent by registered mail with declared value and a description of the contents.
4. It is not necessary to send the original passport to affix the passport; a copy is sufficient. A copy of the visa will also be required.

As in the previous option, the authorized representative contacts the passport office specialist and provides a complete package of documents. After checking the papers and completing the deregistration procedure, the citizen will be deregistered.

To summarize, it should be noted that if you know certain nuances and procedural features, the process of deregistering a citizen if he lives in another city or country is simple. There are few realistic options for solving this problem. By following a certain algorithm, you can check out without coming to the city of your current registration.

Real estate expert at Voronin and Co. Daria Shestakova (St. Petersburg) answers:

In this situation, the seller’s parents need to contact the move-in department and clarify what documents, applications and authorities will be required in order to register their son by proxy. Requirements may differ from housing departments in different regions. But this is a solvable situation. Thus, the parents will discharge their son and sell the apartment by proxy. And it has now become easier to transfer a power of attorney to another region thanks to electronic document management. For example, a son makes a power of attorney in Moscow, and a notary in St. Petersburg can print out this power of attorney, put all the necessary stamps and give it to his parents.