Temporary registration of a child: for kindergarten, for school, what are the consequences for the owner

• Why temporary registration is dangerous for the owner, whether a registered tenant can lay claim to your home, what rights he has and what to do if a conflict arises with him, you will find out in this article.
• In modern legislation of the Russian Federation, there are two terms that have replaced the outdated concept of “registration”:

• temporary registration at the place of stay;
• permanent registration at the place of residence.

Most often, temporary registration is forcedly required in the following cases:

• when preparing various documents;
• for execution of loan agreements;
• when placing children in child care institutions;
• to apply for a job in another city;
• when visiting medical institutions;
• if necessary, obtaining social benefits.

There are quite a few reasons, but the registration procedure at the place of residence, legalizing the resident, most often helps to avoid problems with the legislative framework. The only exception is if the citizen lives in close proximity to his place of permanent registration.

Deregistration at the place of residence is not provided for when registering temporarily. A certificate is issued in the form of a certificate, which has legal force only upon presentation of a passport. The certificate is issued for a certain period, adopted by mutual agreement of the owner and tenant.

The deadlines can be any, and they can be extended if necessary. This permit allows you to avoid fines for violating the law, confirms the right of residence, but excludes the right to dispose of housing.

Upon expiration of the temporary registration period, the citizen will be deregistered automatically. In this case, there is no need to contact the Federal Migration Service. If the tenant leaves ahead of schedule, then an application for deregistration must be written to the passport office.

Risks of temporary registration for the owner

Despite the fact that the right of ownership is well protected by the laws of Russia, there are certain dangers for the owner of a living space when registering on a non-permanent basis:

• if the apartment does not have appropriate metering devices, then utility bills will increase several times;
• until the contract expires, purchase and sale transactions will not be possible;
• when preparing documents using mail and online services, there is a risk of completing a transaction without the consent of the owner;
• there is a possibility of residents refusing to voluntarily vacate the occupied premises, as well as their immoral behavior;
• there may also be a risk of residents using the provided premises for other purposes, causing property damage to the owner’s property;
• residents' reluctance to pay utility bills;
• the likelihood of subletting the apartment.

The right to own housing will not pass to another citizen only upon registration, therefore registration at the place of residence will not give him the right to claim a share in the apartment. Despite this, when drawing up a residence agreement under the terms of temporary registration, you need to take into account all the subtleties and nuances of this procedure.

Pitfalls when registering children

The current legislation of the Russian Federation obliges children to be registered at the place of registration of their parents, regardless of the permission of the owner of the residential premises. Therefore, temporary registration of minors can have negative consequences for the homeowner.

A citizen can register his child for a time exceeding the period of his registration, which is quite likely to happen both due to the lack of regulations governing the standards for registering children, and due to the inattention of migration service employees.

As a result of such an error, the parent can, through the courts, re-register at the address where the child is registered.

Selling, donating, or re-registering in some other way an apartment in which children are registered is very problematic, especially if it is rented for a long period without carefully spelled out conditions for early cancellation of the contract.

If the parents do not have another registration, it will be problematic to register them and the child in the future. At the first consideration of the case, the court may refuse to discharge, citing the fact that in this case the child will remain on the street.

To avoid such a situation, before the registration procedure it is necessary to find out about the existence of minor family members of the person being registered. If registered residents have a child, it is advisable for the apartment owner to be personally present at the migration service office in order to be able to track the dates of registration of the children and their parents.

Dangers of registering foreigners

Any foreigner who comes to Russia for more than a week is required to register at the place of stay. Violation of this law entails serious administrative penalties ranging from fines to deportation from the country for up to five years.

According to the rules of the migration service, issues of registration at the place of stay are dealt with by the party receiving guests from abroad. Refugees, after receiving the status of forced migrants from the Federal Migration Service or the migration departments of the Ministry of Internal Affairs, register on a general basis.

Homeowners who register foreign citizens in their homes expose themselves to a certain risk.

In any conditions, they will remain the owners of the apartment, but several unpleasant moments may well happen:

• Firstly, in addition to the previously mentioned problems, such as increasing the rent, the inability to sell the apartment, and the registration of minors in the living space, the owner faces the risk of administrative liability for failure to provide information about registered foreigners to the migration authorities. Moreover, this applies to foreign citizens both from near and far abroad countries.
• Secondly, an administrative penalty will be imposed in the event of filing false information about the registration of foreigners, that is, if the registered foreign nationals do not actually live in the specified living space.
• Thirdly, having registered a citizen of another country in his living space, the home owner begins to bear civil liability to third parties, in particular neighbors, in the event of damage to their property.

Thus, registration, informing authorities, and monitoring of residence fall entirely on the shoulders of the owner, and he bears full administrative responsibility for the following points:

• providing information to the migration service authorities about the arrival of a foreign citizen;
• reporting to control authorities about the movements of a foreign citizen;
• control over compliance with the rules of residence;
• settlement of arising property conflicts with third parties.

For this reason, it is recommended that homeowners conclude a contract of civil liability insurance to third parties or take out insurance for the premises themselves. The cost of these expenses can be included in the rent.

Rights and obligations of a temporarily registered resident

The rights of citizens registered temporarily are similar to those they receive at their place of permanent registration:

• the right to be present and live in this area;
• register your underage children at this address without the consent of the owner and other interested parties.

However, these citizens do not have an independent right of use, since the owner of the apartment bears responsibility for their actions, and therefore temporary residents have responsibilities:

• use the provided premises strictly for its intended purpose;
• maintain its appearance and integrity;
• respect the rights and interests of neighbors;
• adhere to fire safety, sanitary and environmental requirements;
• voluntarily move out of the apartment after the expiration of the period of residence.

Owner's responsibilities

According to the laws of the Russian Federation, the owner of a home has the full right to provide his premises for residence to other persons, but at the same time he is obliged to ensure that they have registration at the place of residence.

If the owner interferes with this, the consequences for him may be as follows:

• administrative punishment in the form of a fine;
• application of a citizen living on the basis of a lease agreement to the court to obtain permission for temporary registration;
• self-registration by the employer with the Federal Migration Service on the basis of a rental agreement.

Such liability can be avoided only if those living in the apartment have permanent registration in a given city or are close relatives of the owner of the property.

Rent amount

An increase in the amount of utility bills during temporary registration is determined only by the presence of individual water, gas and electricity meters. If there are no meters, then the calculation is made in accordance with the standards, which are multiplied by the number of residents registered in a given residential area.

The following categories are not tied to the number of people living in the apartment:

• payment for heat energy;
• housing maintenance;
• waste removal and disposal.

The cost of these services is calculated from the total area of ​​the housing. If the apartment is equipped with metering devices, then the increase in rent will depend only on the meter readings.

To avoid misunderstandings, payment issues must be discussed with residents in advance, since temporary registration and utility payments are directly related to each other.

Difficulties in eviction

Temporary registration is not the official place of residence of a person, it is just registration at the place of actual residence, which automatically terminates upon expiration of the period prescribed by the migration service. Therefore, the owner of the property should not have any difficulties with eviction.

If the period has expired, and persons registered on a non-permanent basis are not evicted, the owner has every right to resolve the issue by applying to the courts of general jurisdiction at the location of the disputed property. If the court finds that the period has indeed expired and the tenants are occupying the premises illegally, forced eviction will be applied to them.

Temporarily registered minors and incompetent persons are evicted on the same grounds.

Grounds for forced eviction of a tenant

In cases where the registration period has not yet expired, but it is necessary to evict the tenant, it is enough to submit an application to the FMS, where it is necessary to indicate the details of the applicant, documents confirming his rights to the apartment, details of the person to be discharged and the reason why the citizen needs to be discharged.

Reasons for deregistration may include the following circumstances:

• a court decision on deprivation of liberty, immediately after the citizen’s sentence comes into force, can be removed from the registration register;
• after a court decision declaring a person dead or missing has entered into force;
• eviction from housing by court decision;
• registration at another place of residence;
• providing false or forged documents;
• violation by residents of the rules of residence.

Resolution of controversial situations

The practice of court cases shows that there have been no cases of loss of property rights due to temporary registration of residents; all controversial issues are resolved by the courts in favor of the owner of the property.

All complex controversial issues that arise when solving housing problems are resolved in court. Full ownership of the living space belongs to the owner, and he has the right to decide issues of registration and deregistration at his own discretion.

Most often, appeals to the courts regarding registration at the place of residence occurred for the following reasons:

• disagreement to voluntarily vacate the premises;
• behavior of residents that violates the rules of residence;
• refusal to pay utility bills;
• registration took place without the consent of the owner;
• if there are controversial issues regarding the timing of registration.

The last two reasons may arise when sending an application to the FMS by Russian Post or using electronic services. Other situations require the presence of the owner during registration, who in this case can control the designation of the registration period noted in the application for registration at the place of stay.

Read also: Husband’s apartment after divorce: how to share it, how to discharge your husband

To avoid controversial situations and judicial red tape, you must adhere to several rules:

• be vigilant and check with all possible sources the people for whom registration is being issued;
• study the legislative framework, all the intricacies of concluding contracts;
• It is imperative to conclude a lease agreement, preferably for a short period, in order to avoid unpredictable situations.

Source: https://houseconnect.ru/reg/propiska/posledstviya-vremennoj-registracii-dlya-sobstvennika.html

Features of registering a child’s temporary registration for school

There are various life situations that require temporarily registering a child at a new address. Such cases include changes in registration by parents who want to send their child to a specific educational institution. Another example is when a child is temporarily registered to attend school when the family moves.

Temporary registration of a child for school has become a generally accepted norm in modern Russia.

What is registration (registration)

Citizens of Russia have the right to move freely within the country and live where they wish, but by registering their place of residence. Previously, registration actions in relation to assigning a person to his place of residence or stay were called registration. Now this word continues to be used in everyday speech, understanding a new meaning enshrined in law.

Registration or its absence does not limit or expand the possibilities for people to exercise their rights and freedoms, but the presence of registration makes it easier for a person to find a job, receive medical care and interact with various authorities.

Registration may be permanent or temporary. Temporary registration is done in rented apartments or houses, hotels, holiday homes, boarding houses, on long-term business trips and other similar cases.

Children living in the territory assigned to the school they are going to attend have a preferential right to be enrolled in the first grade. To submit an application, parents only need to submit the prepared documents to the educational institution within the prescribed period:

• ID cards of the child's parents;
• birth certificate of a minor;
• application for admission;
• medical record of the future student;
• a certificate from a psychologist about the child’s health and readiness to learn.

• In different regions, the list may contain additional documents or their form may be different, so it is better to clarify the requirements in advance with local educational authorities.

Address dependency

The Education Committee and schools post the information necessary for parents of future first-graders on their websites. By going to the school’s information portal, you can see the addresses of the houses assigned to it.

In addition, for forgetful fathers and mothers, the administrations of educational institutions provide information about meetings of parents of children preparing to become schoolchildren in kindergartens and at announcement stands in the entrances of residential buildings.

Regardless of the current territorial principle for admitting new students to schools, it is possible to enter an educational institution other than the child’s home address. Refusal will only occur if there are no places available. But many concerned parents do not want to hope that places will be waiting and are taking preparatory measures to increase the chance of getting into the intended educational institution.

To comply with the principle of territoriality, a temporary registration of the child is issued at the address assigned to the desired school.

This is important to know: How to change your registration in your passport

For admission to specialized educational institutions such as lyceums or gymnasiums that are not assigned to specific addresses, registration in the area where the institution is located is not required. Admission to these schools is based on passing entrance tests.

The principle of registering children under the age of majority

The Family and Civil Codes require the registration of minor children under 14 years of age at the place of residence of their parents or other official guardians. Upon reaching 14 years of age, a child has the right to register with their written permission in any place.

It should be noted that a child under fourteen years of age is registered at the place of registration of his legal representative without the participation of the homeowner.

The procedure for registering a child’s temporary registration can be clarified with the authorities authorized to carry out this procedure:

1. At the passport and visa service department.
2. In the nearest multifunctional center.
3. On the government services portal.

When moving for temporary residence to rented housing, you need to take care of the child and ask the owners about the possibility of his registration, and for what possible period of time.

Having received information about the procedure for temporary registration and collected the required documents for registration, you need to arrive at the registration authorities. To register a child at the place of residence of the parents or one of them, you must provide:

• parents' identity card (passport);
• child's birth certificate;
• a document confirming the rental or rental of housing;
• consent of the owners of the premises for temporary registration.

Important! Temporary registration does not provide for the termination of permanent registration.

The Code of Administrative Offenses provides for punishment for non-compliance with the legislation on registration at the place of residence or stay of citizens. Articles 19.15.1 and 19.15.2 of the Code of Administrative Offenses contain a fairly extensive list of possible violations and corresponding sanctions.

If you change your place of residence, you must register within 7 days from the date of termination of registration at your previous address. You must register at your place of stay if you are on a business trip, trip, on shift, etc. for more than 90 days.

If the rules for registering citizens are violated, administrative punishment is imposed not only on the culprit, but also on the owner of the premises where the violator resides.

According to current legislation, until the age of 14, the place of residence of children is recognized as the place of registration of their legal representatives. If the parents live separately and are registered, the child is registered with only one of them.

When registering a minor at the place of residence of both or one of the parents, obtaining the consent of other residents of the living space or owners is not required.

A teenager over 14 years old is recognized in Russia as having limited legal capacity. With the written consent of the legal representatives, a child who has not reached the age of majority, but is over 14 years old, can register separately from them. Consent will be sufficient from one of the parents. Together with the parents, the child submits an application for registration to the passport and visa service or to the MFC, where the written consent of the legal representatives is also issued.

Temporarily, a teenager can register in the living space of a close relative with confirmation of the fact of relationship.

Duration and cost of registering a child at the place of stay

The procedure for temporary registration itself takes several days. It will take 3 days to complete the documents. Delays may occur only for technical reasons, but not for long.

For residents of Russia, registration is done without paying a state fee. Citizens of another country, when registering permanently at their place of residence, will have to pay a small state fee of 350 rubles, and temporary registration is also done without paying for the service.

Upon expiration of the period of temporary registration of a minor at the place of stay, he will automatically be deregistered the next day. You will not have to take any additional steps to terminate your registration.

If you need to cancel your temporary registration ahead of schedule, you will need to:

• application on behalf of one of the parents;
• his identity card (passport);
• written approval of the cancellation of registration from the second parent;
• the child's birth certificate or passport, if you already have it.

Cancellation of temporary registration is even faster, on average it will take one day.

The Law “On Education” defines the general principles and conditions for the admission of children to educational institutions. The “Procedure for Admitting Citizens to Study,” approved by the order of the Russian Ministry of Education and Science, specifies these rules.

The country has introduced a territorial principle for admitting students to schools. The first to be enrolled are children living in the territory assigned to the educational institution.

After accepting this category of children and subject to the availability of free places, the remaining applicants are accepted.

To confirm your right to priority enrollment in a school, you will need a certificate of registration at your place of residence. For those who live in another territory and do not have such a certificate, temporary registration at a suitable address can help.

Important! You should be aware that if temporary registration is issued at an address close to the place of permanent registration, this may arouse suspicion and, at best, the child will not be accepted into the chosen school.

If the parents or one of them already have temporary registration, then the child will have to register with him, since children under 14 years old cannot do this separately by virtue of the law. In order to temporarily register a child in the required territory, you will have to find an owner who is willing to temporarily provide his housing, at least for an adult.

It will be possible to register a minor with his parent later without the consent of the owner. An application for a child is filled out by his father or mother. Temporary registration is issued at the passport and visa service, multifunctional center or on the State Services portal. The period for registering children cannot exceed the period allowed by the owner or renter for their parents.

Documents required for temporary registration of a child

Registering at your place of residence will not be difficult if you provide the registration authorities with a package of documents:

• parent's identification document, usually a passport;
• child's birth certificate;
• title document for housing or the owner’s application for permission to register;
• If children 14 years of age and older are registering with one parent, the consent of the other may be required.

This is important to know: Features of registration in an apartment

An application form to be filled out is issued by an employee of the passport and visa service on site or it is filled out by the employee himself if the MFC is selected for submitting documents. When submitting an application through the State Services portal, the form is filled out electronically by the applicant independently.

It takes 3 days to prepare the registration certificate. There is no state fee for the service.

Clauses 15.1 and 15.2 of Article 19 of the Code of Administrative Offenses determine the amount of fines imposed in case of various violations of the legislation on registration of citizens. The minimum amount of sanctions is 2 thousand rubles.

Attention! Not only the citizen who violated the terms or procedure for registration, but also the owner who provided him with residential premises without registration will be held accountable.

The owner who has provided his premises for temporary registration should remember the possible complications that may arise due to a rash decision.

Consequences of obtaining a fictitious registration

1. If the registration at the required address is fictitious and the child lives at the place of permanent registration, then if such a fact is revealed, criminal liability may be applied to the citizens who committed the offense.

2. Parents who seek to place their child in their chosen school by any, sometimes illegal, means, and those who assist them in this, should think carefully about the consequences.

Dangers for the owner

In addition to liability for fraud with registration, the owner may receive other problems from the decision to provide his living space for temporary registration. There are no big risks from an erroneous decision during temporary registration, but wasting time and emotions in the event of litigation is not the most pleasant scenario.

Important! The owner should remember that by allowing an adult to register in his home, he may be faced with the fact that a child will be registered there, about which he will not be asked for permission or approved, and discharging a minor is much more difficult than registering.

Read also: Sports insurance for a child: online cost for competitions

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Source: https://fms21.ru/propiska/vremennaya-propiska-rebyonka-dlya-shkoly.html

Temporary registration of a minor child: consequences for the owner

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It is noteworthy that not only a citizen who lives for more than 90 days in a given locality without registration at a specific address will be fined, but also the homeowner who provided living space for a fee or free of charge and did not monitor the registration of residents. Individuals and legal entities are subject to a fine as an administrative penalty.

Today we will talk about the temporary registration of a minor child, as well as the consequences for a homeowner who decides to register a child in his living space.

Why does a minor need temporary registration?

The minor may need temporary registration at a place of residence other than permanent registration for:

1. Registration of any document (pension card, medical insurance policy, etc.).
2. Devices for educational institutions. When admitting a minor, a school, kindergarten, or other educational children's institution must provide information about the child's place of residence (registration).
3. Appeals to medical institutions.
4. Registration of various social benefits and subsidies.

Upon arrival at the place of new residence, the minor must immediately enroll in an educational institution, and also obtain a registration card at the local clinic. If his parents receive any subsidies for the child, social benefits, subsidies, then their registration also takes place at the place of new residence in the local social security department.

A certificate of temporary registration, obtained from the local branch of the Federal Migration Service, is a certificate confirming the fact that a minor is legally living at a given address. These reasons are:

• rental agreement with the legal representative of the minor and the owner of the living space;
• voluntary consent of the homeowner to registration;
• an extract from the Unified State Register of Ownership of the child’s legal representative for this living space;
• and some others.

How are minors registered?

Registration documents are submitted by parents of minors along with their documents. The procedure is free for all citizens. The list of documents for temporary registration of children is quite short:

1. An application filled out by the legal representative of the minor on the prescribed form.
2. A copy of the birth certificate with the reverse side showing the citizenship stamp. If the child permanently resides abroad, then his foreign passport is presented.
3. Children over 14 years of age submit a copy of their Russian passport.

Within 3 days, the FMS authorities check all the information provided along with the application, and after that they issue certificates of temporary registration. You can also submit documents remotely (by mail, through the government services portal), but you can obtain certificates only by visiting a FMS office.

If a minor is not yet 14 years old, he can only be registered at the place of permanent or temporary registration of his parent (legal representative).

Persons over 14 years of age can register without parents.

In this case, the package of documents is expanded with the written consent of the parents of the minor or his other legal representatives for temporary registration at the specified address.

It is important to note that consent from both parents is required for temporary registration . If there is no agreement between the parents on this issue (one is for registration, and the other is against), then the issue is resolved in court, since the ordinary procedure does not provide a general solution for disputes of this kind.

It is also noteworthy that deregistration at the place of permanent registration of a minor is not required . The law does not prohibit having permanent registration at one address, while registering temporarily at a completely different address.

The certificate of temporary registration must indicate the period during which it is valid.

After its expiration, the minor must be temporarily registered at some other or the same address, or within 7 days leave for the place of his permanent registration.

What does the owner risk by temporarily registering a minor?

By law, children must be registered where their parents live, and the consent of the property owner is not required for these actions. This creates certain risks for the property owner .

A typical example of this: a citizen entered into a rental agreement and moved into an apartment with his child. Following this, he carried out temporary registration at this address for himself and for the child.

The tenancy agreement has expired, there are no grounds for extending the temporary registration of the employer, but only through the court can the minor be re-registered at the same address.

As a result, the owner will not be able to sell or otherwise dispose of his apartment while a child is registered in it, albeit temporarily.

To avoid such disputes, the terms and conditions must be carefully spelled out in the rental agreement. After all, according to the law, if the parents do not have permanent registration anywhere, the child cannot be discharged into the void. In the court of first instance, the owner of the property will most likely be denied the forcible eviction of the child.

A similar situation may arise when a newborn (adopted or taken into custody) child appears to a family that has moved into an apartment. With the arrival of the baby, the parents will temporarily legally register him at their place of residence, and for this they will not even need to obtain the consent of the owner of the home.

Temporary registration of newborns

Anything can happen in life; it is not always the case that a newborn baby is sent from the maternity hospital to a home where both of his parents are permanently registered. It happens that a newborn needs to obtain temporary registration at the place of residence of either of his parents. To do this, you will need to submit the following documents to the local FMS authorities:

1. Certificate of temporary registration of the parent.
2. Application on a standard form.
3. Birth certificate with a citizenship stamp on the back.
4. An information certificate from the passport office at the place of residence of the second parent stating that the newborn is not registered there.

Within a general period of time (from 3 to 8 days), the FMS body checks the information provided by the parent, after which, in the absence of objections (inaccurate information, missing data), temporary registration of the newborn is carried out at the specified address. The consent of the owner of this residential premises is not required.

Consequences of fictitious temporary registration

It happens that parents of children, wanting to enroll them in a prestigious educational institution, temporarily register them at the address assigned to this educational institution. In reality, neither the minor himself nor his parents even appear at the specified address.

Criminal liability is provided for actions of this kind. According to Federal Law No. 376 of December 21, 2013, the liability of citizens who violate registration rules has been tightened. For fictitious registration, a fine (100-500 thousand rubles) or criminal punishment up to imprisonment for up to 3 years may be imposed.

In such cases, the person who made the fictitious registration (parents of the minor), as well as the person who provided living space for such illegal actions, is subject to punishment. Those who intend to generate income by registering an unlimited number of citizens in their living space must be aware of the responsibility for such actions.

Material risks of the homeowner

Here it is worth explaining each risk in detail, given how different they are:

1. Risk of loss of property rights. Does not exist, since temporary registration has absolutely nothing to do with the ownership of real estate, no matter who the temporarily registered person is, no matter what age he is.
2. Increase in utility bills. That part of them, which is paid not according to meters, but according to the number of registered persons, will increase in proportion to the number of residents. If the rental agreement does not indicate the obligation of tenants to pay for utilities, then the owner of the property will pay for them.
3. Inconsistency between the timing of registration of the minor’s parents and the minor’s own. For example, if the child’s registration period has not yet expired, but the temporary registration period for his parents has expired, then they will be able to legally register with their child again.
4. Erroneous registration of a minor, not on a temporary, but on a permanent basis, will not allow him to be later discharged even in court. You will have to sell your home, from which the new owner can remove the minor on the basis of Art. 292 of the Civil Code of the Russian Federation and Article 31 of the Housing Code of the Russian Federation.

To summarize, we can say that registering a minor does not entail any risk for the owner of losing rights to real estate, but it is much more difficult to register a minor than his parents, and sometimes this is only possible in court.

Source: https://law03.ru/housing/article/vremennaya-propiska-nesovershennoletnego-rebenka

At your own peril and risk: what is the danger of temporary registration of a minor child for the owner of a living space?

Requests for temporary registration can be heard quite often. Indeed, a chance has turned up to get a more promising job, or to transfer a child to a good school...

But the apartment owners are in no hurry to accommodate and very often refuse. It’s understandable – it’s easy to register a child, but how do you discharge them later? In fact, there is no need to be afraid, you just need to be attentive.

In the article we will talk about the dangers of temporary registration of a child for the owner.

To solve your problem RIGHT NOW get a free LEGAL consultation: +7 (499) 504-88-91 Moscow

Child's rights

There is no need to be afraid - the little citizen will not have any proprietary rights to his home..

He will be able to live on the territory together with his guardian (he will not be registered separately), use common property, go to school, receive additional benefits - in short, everything that registration provides.

But as soon as the registration period expires, the citizen’s right to reside in an apartment expires, and at the same time so does his child’s (Article 20 of the Civil Code).

Article 20. Place of residence of a citizen

1. Place of residence is the place where a citizen permanently or primarily resides. A citizen who informs creditors, as well as other persons, about his other place of residence bears the risk of the consequences caused by this.
2. The place of residence of minors under fourteen years of age or citizens under guardianship is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians.

Registration does not give any proprietary rights. That is, a citizen will not be able to sell square meters, pledge them, exchange them, or donate them.

However, to do this you need to make sure that you are really registering the person temporarily. To do this, in the application that will be given at the passport department of the police department or housing department, you need to indicate a dated framework - for how long you are registering guests with you. The maximum limit is five years.

If you do not indicate this in the application, it turns out that you have registered both the guest and his child on a permanent basis. And removing them from registration without their desire will be very difficult, although feasible.

Read also: How to obtain a divorce certificate: after a court decision, through the MFC

Firstly, only through the court.

Secondly, since the human right to housing, as well as the rights of children, is affected, it is impossible to do without the involvement of a qualified defense lawyer - this is also an expense.

And even in this case, there is no guarantee that the matter will end in success.

So this can be considered as another reason for increased care when filling out legally important papers.

Difficulties in evicting registered children

• Upon expiration of the period specified in the application, the right to reside at this address for the person, and therefore for all members of his family, is terminated automatically.
• The child will go to the address where his father or mother will go.
• Before the expiration of the period, if there are no compelling reasons, it will be possible to evict a citizen, and even with a child, only through the court.
• Moreover, it will be necessary to confirm that the little person is not thrown out onto the street, that he has food, and a place to live.
• If this is not done or the judge finds the arguments unconvincing, he will leave the guests to live out quietly until the end of the registration period.

Does the rent change?

Yes, and to a greater extent. According to the Law of the Russian Federation No. 5242-1, art. 2, a person lives where he is registered, and where he lives, he must pay for that. Therefore, a fee will be charged for each tenant.

The tenant's responsibilities include caring for the common property and maintaining it in proper condition, as well as timely payment of accommodation.

That is why the owner needs to discuss this issue with the resident in advance.

Why is temporary registration of a minor dangerous for the owner?

As already mentioned, it will not be possible to discharge a guest before the end of his registration period, and in the case of a minor, even the court will most likely refuse.

The rent will increase, which was also mentioned, and it often happens that the resident does not want to pay for housing. An even less pleasant situation can happen - if a guest suddenly decides to take out a loan, he will most likely indicate as the address the one at which he is registered.

There is a high probability that difficulties will arise with payment. No, of course, harsh bailiffs will not demand repayment of the debt from the apartment owner. But they can pay a visit. Not to mention the “letters of happiness” that will also be sent to this address.

So it turns out that registering a minor does not seem to threaten anything global. But it can ruin your nerves. That is why you need to carefully consider who you are going to help in solving a life problem and whether the person will create difficulties for you.

Source: https://mylawyer.club/nedvizhimost/kvartira/propiska/detskaya-p/chem-grozit-sobstvenniku.html

What are the dangers for the owner of temporary registration of a minor child under 14 years of age?

Registration of people is required to determine their location. There are two types of registration: temporary and permanent. Temporary registration is carried out for a short period of time at the place of arrival of the person.

Such registration is necessary if a family with a child leaves to live elsewhere for more than 90 days. To carry out the procedure, you must submit documents for temporary registration of a child under 14 years of age to the migration service or MFC.

Rights of a minor

Temporary registration of a minor at the place of residence is necessary to ensure the full rights of the child.

• Medical service. After registration, the child will be able to use the benefits assigned to him and receive medical care.
• Obtaining material resources. Child benefit can be received in the city where the family temporarily lives. To do this, you must submit a certificate from your permanent place of residence, which indicates that you did not make payments at this address and do not receive them. Having this paper and a set of necessary documents, you can receive benefits at the child’s place of temporary stay.
• Enrollment in educational organizations. The heads of the educational institution may refuse to enroll your child in the absence of temporary registration. This is explained by the fact that the administration accepts first-priority patients living in the area of ​​this institution. Therefore, in order to enroll in an educational institution in a new region, the child needs to register temporarily.

Registration of a minor

Temporary registration of children, as well as permanent registration, is issued at the place of registration of the father and mother. Regarding registration of a minor child separately from his parents with his immediate relatives, read on the website.

Register with father

For registration you will need your mother's permission. The minor is registered in the father's living space if the whole family lives there. At the same time, it is advisable to be near a children's hospital or educational institution. The sanitary conditions in the house must meet the standards.

The child is registered with his father in the case when his mother is not a citizen of the Russian Federation. A minor is registered with his father if the mother has been deprived of parental rights. When registering a child with a parent, the presence of legal representatives is important.

The mother must sign the documents and have the application certified by the head of the passport office.

Register to mother

A newborn baby is registered at the mother's address. The mother writes a statement asking to register the child in her apartment. In addition, she prepares certain documents:

• Birth certificate (son, daughter).
• Passport.
• Written consent of the father. If the registration procedure takes place after divorce, then an application is not needed.
• Certificate from the place of registration of the mother.
• A certificate from the father’s place of residence that the minor is not registered there.
• Conclusion of marriage. Required if spouses are married but have different registrations.
• Certificate of divorce (in case of divorce).

How to register a child without parents with his grandmother and separately from his parents

Temporary registration of a child separately from legal representatives is carried out upon reaching 14 years of age. After this, he can temporarily register in a living space where his mother and father are not registered. If the child has not reached this age, the likelihood of registration without legal representatives is too small.

A child who has not reached the age of majority can be registered with his grandmother if the mother and father are abroad or guardianship has been issued for the grandmother.

To do this, persons with whom the child temporarily lives are required to bring a photocopy of the identity card of one of the legal representatives.

To privatized housing

You can temporarily register a child in a privatized apartment without permanent registration, or you can register it on a permanent basis. What you need to do for this - read on the website.

In a private house

At the passport office, legal representatives draw up an application. Parents will need to prepare a list of documents:

• Documentary confirmation of the birth of the child.
• When father and mother live in different houses, one of them will need to confirm their permission to register.
• Have a house book in your hands.

To public housing

To temporarily register a minor in a municipal apartment, you will need the consent of the employer and all residents permanently registered here.

If a minor is registered with his mother or father with temporary registration, then such permission is not needed. A person can be registered for a period of no more than 6 months in a row.

The landlord has the right to refuse registration if the registration form for the living space is insufficient.

In mortgage housing

The borrower and his close relatives (spouse, children) can register for a mortgaged apartment. Registration of third parties is carried out after permission from the credit institution. You should notify the bank about the decision to provide temporary registration for the child and wait for the bank’s decision.

Registration of a minor child without the consent of the owner

Temporary registration of a minor where one of the parents is registered is issued without the permission of the owner of this living space.

This right is enshrined in the legislation of the Russian Federation.

FMS employees register a minor without the permission of third parties at the address of the father or mother.

This registration does not give property rights, and after the expiration of the period of residence it is necessary to leave the territory or renew the Certificate.

Registration is canceled upon application by the owner of the living space. However, this does not apply to minors whose father and mother do not have permanent registration.

When a child’s registration is issued for a period longer than that of his legal representatives, they have the right to continue to reside in this territory.

After new residents move in, the amount of bills increases, payment for household services is carried out in accordance with the norms of the housing complex.

How to apply and what is required for this

Legal representatives draw up an application for registration of the child with the registration authorities. What documents are needed for temporary registration of a child? Attached with the application:

• .Birth certificate.
• Certificate from the place of registration of one of the legal representatives.
• Rental agreement for living space, certified by a notary.

Where to apply for temporary registration of a child at the place of stay

To complete all documents, please contact the following structures:

• Registry office - here you will be given a birth certificate.
• Guardianship authorities - if difficulties arise and consultation is necessary.
• FMS – the child is registered directly here.
• Passport office and other bodies performing the functions of the migration service.

Registration via the Internet

To save time, use the State Services website. After registering on the portal, scan the documents and send them to the “FMS Services” section. Next, fill out an application indicating the address, registration period, and list of documents.

If you make mistakes when filling out the fields, the system will point them out. Once the application is completed correctly, it will be reviewed and a corresponding notification will be sent to your e-mail. Next, pick up your registration document at one of the FMS branches.

The issuance of the decision is canceled if none of the parents picks it up within three days.

Timing and cost

The process lasts from three days to a week. Russian citizens receive temporary registration without paying a fee. For foreigners, the procedure costs 350 rubles. A receipt for payment of the state duty is attached with a package of documents.

Difficulties in eviction of registered minors

Temporary registration of a minor may cause difficulties for the owner when evicting him.

• After the end of the lease or due to non-payment of bills, the owner can evict the family. But eviction is carried out only through the court, where the presence of a minor child will be taken into account and time will be given to find another place to live.
• Municipal apartment. The owner can evict a family after failure to pay utility bills, but is obliged to provide other living space.
• Service housing. After the end of the business trip or the rental period of the home, the family and the baby are required to move out. An exception is an orphan whose legal representatives were employers.

The consequences of temporary registration of a minor are minimal. In most cases, this leads to increased utility bills. However, in some situations, the child may have legal grounds to reside in this living space.

You can ask your questions to the consultant at the indicated telephone numbers or write to the lawyer on duty (red form in the right corner of the screen). The call is free!

Source: https://zen.yandex.ru/media/id/5a7ebe61f03173f63cff98b5/5a9986e577d0e61174a612af