How to actually register as a landlord can avoid the illicit recording in his home? How to avoid unwanted "gift" in the form of extra residents?
Related article: What the seller is ready to property?Reference: 11 November 2010 the Resolution of the Government of Russia № 885 on "Amendments to the Rules of registration and withdrawal of Russian citizens to register at the place of stay or residence within the Russian Federation." November 19 the site of the Federal Migration Service of Russia published a clarification of the new order of registration
Some realtors believe that the new practice could create some problems for homeowners in the capital and major cities, who traditionally flock to the majority of migrants from the Russian regions and CIS countries. Because now, anyone who knows the passport details landlord can register in his apartment without his consent. Such registration entails, according to realtors, the possibility of introduction of registry just by force. And just admit that uncomfortable to think that without the consent of the landlord can someone go there to register. In fact, it opens a new way of earnings "at a residence permit for immigrants. If now the temporary registration for six months in a hostel (sometimes lime, sometimes real) costs about 1,000 rubles, now, if you are familiar with the passport details at least one landlord in the city and the hostel is not necessary. For example, a very real scenario: the data have passports apartment owners on the internet scammers register in these apartments for all comers. Register at the site gosuslugi.ru pass on behalf of the willing, and then enter them in the residence to, say, Ostozhenka.
How to protect: guide for owners
How to understand and how to check whether there were not on your living space provisionally registered people? As explained by the FMS statement, the registration authorities in the subsequent 3-day period, the fact of registration of the citizen by place of residence will be mandatory to notify the owner or tenant of residential premises at which the registration is made a citizen. " Because the laws are still considered to be only a notice in writing, and delivered a letter about two weeks, then about three weeks landlord finds out that he allegedly had someone settled.
Changes in the law include the following developments: if the registration is legitimate, which was originally planned and coordinated with the host dwelling, the owner said nothing, but if there was illegal registration, the owner must quickly write a letter to the authority which registered an uninvited guest, and registration will be canceled.
The law is now written down verbatim: "The owner (employer) of premises in case of receiving notification of registration at the place of residence of a citizen, which he did not give consent for a temporary residence, may apply to any form of cancellation of the citizen residence registration in the registration authority accounting, which made the registration of place of residence of the citizen. "
However, the cancellation - the thing is not very clear, because the registration documents are issued for a specified period, and how to get re-registered to come to the point of registration and deliver them - is unknown. Measure of restraint, apparently, until there will be one - police verification of registration.
That is, even if the databases FMS registration at this address will be revoked, the owner can safely continue to use that as canceled, but not a false registration, while representatives of the Interior did not find an offense. And even if you think that illegal "propisanty in your apartment, you do not interfere, it is still recommended lawyers when it detects an unauthorized cancel your registration, so that in case of possible claims, or search a citizen you have documentary evidence that he was not here and should not be.
Deadline for submitting such a statement is not specified by law, so that statement can in principle be submitted at any time. Apply for cancellation of registration, even if the act tenancy agreement that ended.
"Hello, I your aunt!"
Consider quite possible that when someone is to you in an apartment, and says: "I was registered and wish to reside at the place of registration, this document". My first thought - call the police, and well worth it to do. Only a problem: the document is not "fake", and after checking the police may say: do not see any violations, sort it out yourself.
In such a situation it is important to remember: according to Russian law does not register generates the right to use the apartment, but on the contrary, the presence of the right to use creates a basis for registration. This is clearly stated in the rules of registration and withdrawal of Russian citizens to register at the place of stay or residence within the Russian Federation ", approved by the Government of the Russian Federation from July 17, 1995 Room 713.
Police must be clearly and accurately say that you, as landlord, are claiming fraud in the form of illegal registration, consent to use the flat and registering it is not allowed, the registration was illegal, and you write a statement about its cancellation in the office of the FMS.
Legally competent in this case will clarify the phrase from FMS: "The Russian government responsible for the accuracy of the information contained in the application, including the consent of the owner or lessee of the municipal housing and residing with adult family members at his temporary residence, confers on the applicant's .
Simply put, the police reported that since the country introduced a notification procedure for applications for registration, the responsibility for inaccurate information entrusted to the temporary tenant. Alas, the law does not define the form of responsibility, but we hope that these clarifications will arrive soon enough.
This text can be completely accepted by police officers (at least provide an understanding of what people before them legally literate) and give a temporary handicap for the real application for cancellation of registration and will not allow illegal residents to get into the apartment.
The above-described case where the owner lives in the apartment and was there when the guests came to seize illegal - one of the easiest in this situation. Much more difficult to decide when the tenants rented an apartment and signed up for residence without the consent of the owner. Option absolutely real, given that the passport data owner usually fit into the tenancy agreement. The owner is not likely to quickly learn about the registration, if he lives in another city, does not look regular mail, and also ordered to pay the receipt by the occupants. For the owner of this may entail the need to pay 13% tax on income from the rental of apartments for rent (this seems very confident step of the state to "whitewash" of the market rent, and apartment owners should take this into account).
What consequences might be if such a time of legitimate (because people actually live), but at the same time not consistent with the master recording is still unclear. Recommendations, there may be as long as the following: e-mail to request to get their neighbors and report on all official letters immediately. Receipts to pay their own utilities.
It is not quite clear yet and the order of cancellation of registration of citizens temporarily residing, if the apartment is sold. The owners are changing, and in general it turns out that the new landlord must go and write a statement as soon as the FMS to cancel all unnecessary registration of its housing.
The greatest relevance of this problem becomes, if housing is bought under the mortgage. As a rule, the mortgage contract is the point that register someone on that space only with the consent of the bank - or a fine or the bank may demand repayment of the loan. So here is under threat, perhaps enough mythical, but it probably had a whole family and there are threats of serious penalties.
Given that the bodies of the FMS at the residence registration annually treat 21 million people, these questions are more than relevant. And the main advice for home owners in connection with the new order of registration will be as follows:
1. To be extremely careful with the data of the passport and not leave them anywhere.
2. Keep an eye out for the correspondence in your inbox.
3. If you live in your apartment tenants, consider options for the future, when they want you well and to register.