What documents a realtor needs to rent an apartment. What do you need to know when renting an apartment? ○ What documents are required from the tenant

From the moment the child is born, in addition to the pressing problems of caring for the baby, it is the responsibility of the parents to register the child. Without registration, there will be difficulties with the ability to contact the local clinic, receive maternity capital, subsidies and subsequently, send the child to kindergarten.

The legislative framework

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The article is legal in nature, so we will begin it with a listing of legislative acts that constitute the legal framework for registering a child in order to educate parents about the rights and obligations on the topic under discussion.

The main list of laws that we will refer to looks like this:

Civil Code - the child lives at the parents' address ().
Family Code - the child's place of residence is determined by agreement of the parents (). On the Internet, you can find references to Article 65 of the Civil Code of the Russian Federation, which are incorrect, because the latter regulates the bankruptcy of a legal entity.
Housing Code - if the parents live in a rented apartment, the child is registered in it, and the landlord's consent is not required, moreover, he can be fined for not registering with the living child.
Code of Administrative Offenses - lack of registration and violation of the rules for registration by children of the owner or employer ().
The rules governing the registration of the Russian Federation - regulate the procedural issues of the topic we are discussing and provide sample statements attached below.

What documents are needed to register a child?

Here is a list of documentation for the implementation of the registration procedure for a child for various cases.

Permanent

List of documents required for:

statement;
children's metric / passport;
parental passports;
certificate of marriage, divorce of parents or establishment of paternity;
documents for the apartment: an extract from the house book indicating the absence of debts on the personal account;
an arbitrary form of consent and a certificate from the second parent stating that the child is not registered with him, if the parents live separately.

Temporal

Required documents for the place of stay:

registration application (sample below);
children's metric / passport;
parental passports;
a document for an apartment (a lease agreement or documents certifying that the apartment is owned by one of the parents).

Newborn

statement;
children's metric / passport;
parental passports;
the consent of the father and a certificate that the child is not registered with him.

At the place of residence of the father

Documents for registering a child at the father's place of residence:

statement;
children's metric / passport;
parental passports;
marriage, divorce or paternity certificate;
documents for the apartment: an extract from the house book and a certificate of the absence of debts on the personal account;
the mother's consent and a certificate that the child is not registered with her.

Documents must be submitted in the original, plus a high-quality copy of each document must be attached. Documents are submitted by both parents.

If it is impossible to submit documents in person, the parent must certify the consent with a notary. The child registration procedure is free.

Sample application

When submitting documents for registration, you can use the sample applications.

Design methods

To do this, you need to register on the site, enter your profile, select an organization - FMS and select a service: registration of citizens and click “get a service”.

The timing

Now let's talk about what terms are provided by the legislator for the registration of a child.

For violation of the terms of the registration we are discussing in Articles 19.15.1-2 of the Administrative Code, legislation provides for an administrative fine of 2,000-3,000 rubles, and in case of such a violation in Moscow or St. Petersburg, from 3,000-5,000 rubles.

But, please note that unregistered children of tenants and apartment owners living with their parents are exempt from liability.

However, it was argued above that the timely registration of the child is in the interests of the child and the parents.

The terms for consideration of the submitted documents vary and range from 3 to 10 days.

Controversial situations

The most common question is how to register a child in the absence of the father's consent for various reasons. In this case, the mother of the child must file a lawsuit to determine the child's place of residence, then submit documents to register the child.

Very often, parents are interested in how to register a child without the consent of the landlord. As we noted above, the owner's consent is not required to register a child, the child needs to live with his parents, we have given the list of documents above.

You should not be negligent in the procedure for registering a child. Paperwork is an important fact both in the life of a newborn and a teenager. The lack of registration at the place of residence deprives the child of basic social benefits: to attend a kindergarten, school, receive medical care in a district clinic, parents to receive the required subsidies, policies and benefits. The decision to register a child has an important impact on the rest of his life.

Registration of a child has several nuances, accounting for which will help to avoid problems in the future. So, if the apartment is owned by the municipality, it will be much easier to privatize it without the children registered in it.

When parents are registered at different addresses, it is possible to choose a kindergarten or school where the child will be determined without waiting in line on the basis of the right guaranteed by the official registration authorities.

What is needed to complete the procedure for registering a newborn, what documents are needed by the registrar, is it necessary to have the consent of the owner, where to register the minor child, if the parents, guardians do not live together - read our material.

It is legally stipulated that a citizen of 0-14 years old must be:

Registration of persons in Moscow and any other city under the age of 14 is impossible at the place of registration of other close relatives and friends.

Regardless of the form of ownership of housing, where the child is settled:

the norm of living space is not taken into account, the child will be populated despite the number of people already registered in the apartment;
the permission of the owners, as well as the persons living there, is not required;
a registered child has a full set of rights related to the use of the living space on an equal basis with other tenants.

Registration of a child with one of the parents

Registration of a minor under the age of 18 at the place of registration of one of the parents presupposes their separation. To formalize such a procedure, a prerequisite is obtaining the consent of the second parent. If the representatives cannot voluntarily decide with whom to register, the decision can be made by the court based on the wishes, and in the interests of the child.

How to register a minor child at the place of official registration of the biological father. Is mother's consent required

When registering a newborn or minor citizen, it is worth remembering that if the persons have not registered their relationship, and the man does not submit papers to the registry office to confirm the fact of his paternity, then the child will not be able to be registered at the citizen's address, since the law determines the place of registration in the apartment of residence of legal representatives.

Registration of the child with the father in this situation will be carried out only on the basis of a court decision that has entered into legal force on the recognition of paternity.

To register a child in a home that is not owned by the parents, it is not required to obtain the written consent of all owners. Registration of a child at the place of permanent residence of the legal father can be carried out only with the written permission of the mother.

How to register / register a child at the declared place of registration of the mother

The main condition for the registration of the child at the mother's place of residence is the presence of a birth certificate. If the registration of a child is made at birth, the time frame for the first registration of an infant is not legally established, but experts recommend doing this within a month.

When registering a registration for a newborn during this period, a statement written by the mother will be enough, and there is no need for the father's permission. If this deadline is missed, it is required to obtain a certificate from the housing office from the father's place of residence, as well as obtain his consent to carry out such actions.

What documents are needed to register a newborn

The package of documents required for registering a citizen under the age of 18 will vary depending on the legal status of his legal representatives.

For legally married parents, you must provide the registrar with:

Where can you go to register a child?

Documents for registration of a newborn can be submitted to one of the following authorities to choose from at your discretion:

Registration at any authority is exempt from the need to pay state duties and taxes, and is absolutely free.

Term of circulation

The deadlines for applying for the registration of a newborn child are not established by law. In the case of re-registration, the child must register for permanent registration within 7 days after being discharged from the previous place of residence, and with temporary registration in the period up to 90 days after settling in the place of residence of the parents.

Who should prescribe the baby?

The presence of specific citizens will differ depending on the situation in which the child is prescribed:

at the birth of a child. During the first month after the fact of birth, it is enough for only the mother to come to the registrar; documents can be made by providing a minimum set of documents. If she cannot appear, the procedure can be carried out at the place of residence of the biological mother at the request of the father. Further, the obligatory presence of two parties is required;
parents are divorced or have a formalized union. In such a situation, in order to make the registration, it is necessary to appear to both the father and mother to draw up an application. If the parent, who has given consent to such actions, cannot be present at the registrar for valid reasons, it is necessary to make consent with a notarized apostille;
if the parents live together and have a registered marriage certificate,

In all moments in the presence of a minor, all owners living in the apartment are not necessary.

The birth of a baby is not only a joyful event for the family, but also the need to realize his rights in society. After being discharged from the hospital, parents must receive the first document in their life - a birth certificate. Then you need to make a compulsory health insurance policy for the baby and a certificate of pension insurance. No less the most important moment in the process of obtaining documents, registration of a registration of a small citizen is necessary, without which it is impossible to be in the queue for a place in a kindergarten and receive some types of benefits.

According to Russian law (article 54 of the Civil Code of Russia), a child has the right to live with his parents until he reaches the age of majority, when this does not contradict his interests. Until the child reaches the age of majority, the place of residence will be the place of residence of his parents, or the place of residence of one of the parents. When a child has no parents, but there are guardians or adoptive parents, then the place of residence for him will be the place of residence of the guardians or parents.

Until the child turns 14, he must live only with his parents or adoptive parents (guardians).

Registration of a child has many legal nuances and is regulated large quantity legislative provisions and acts. The procedure for registering a child itself is simpler than the procedure for registering an adult, since this no consent required the owners of the living space and all family members registered on the living space.

Who has the right to submit documents for registering a child in an apartment

Submit documents for registration of a child in owner's apartment only parents, adoptive parents or guardians are allowed in a municipal apartment. If the spouses are married, then one of the parents will be able to apply for registration. When the parents are divorced, the presence of both parents is required. In case of registration of the child at the place of residence of the mother, her presence is obligatory. The father is not required to be present during this procedure if he is recorded in the column "Father" in the child's birth certificate. The presence of the father is necessary only in those situations when he prescribes the baby on his living space. You will also need a statement from the mother that she is not against the registration of the baby on the father's living space. Only parents, adoptive parents, guardians who are not deprived of parental rights can apply for registration of a child.

What documents are needed to register a child

Timely registration of a newborn in the interests of the parents themselves. By doing this, some fines can be avoided and all child benefits received on time. Before contacting the passport office, parents need to clarify what documents are needed to register a child:

the original (a copy is also needed) of the birth certificate of the baby who is planned to be registered;
original and copy of marriage certificate;
a statement from one of the parents with a request to register the baby at his place of residence;
statement of personal accounts, from the house book, where the child is registered.

If the child's parents are registered at different addresses, then the list of required documents will be somewhat different.
For those who prescribe a child for the first time, it will be useful to learn some of the nuances of this procedure.

If the baby has not reached one month, then he is prescribed only on the basis of a statement from the parents.
If the baby has reached the age of one month, then for his registration it is also necessary to provide a statement from one of the parents.
When the parents of the newborn are divorced, the registration procedure involves the provision of a certificate from the place of residence of the 2nd parent.

The role of parents in the registration of a child is important only until the age of 14. After the child receives a passport, he will be able to apply for registration on his own.

When one of the parents does not want to give the child a residence permit at the address of the father or mother, an appeal to the court is required. The judge reviews the evidence and makes a decision about the child's place of residence. Based judgment a minor citizen is registered in an apartment without the consent of the 2nd parent. If the parents are divorced, then a court decision is also required to register the child.

Temporary registration of a child

Temporary registration is necessary so that the child can receive the necessary benefits, medical care at the place of residence. Also, temporary registration is sometimes required to place a child in school.

What documents are needed to temporarily register a child:

application for temporary registration;
passports of applicants (parents, adoptive parents, guardians);
birth certificate for children under 14 years old and passport of a child from 14 years old;
the documents required for the registration of the child include the written consent of the second parent, if he cannot be present at the time of submission of documents.

Differences in registration of a newborn and a child who has reached the age of 14

A baby under 14 years old can be prescribed only with one of the parents. When the child reaches the age of 14, you can register him on the living space of other relatives.

Looking to rent your first apartment? Congratulations on your first step to living on your own! Renting an apartment is not as easy as it might seem. When concluding a contract with your landlord, there are many important details to consider in order to enjoy life in your new home calmly and without unnecessary hassle and financial losses.

Our advice will also be useful to those who have already got into trouble when renting an apartment and would like to avoid troubles in the future.

Features of the lease agreement

The tenants should especially note the following points in the contract:

term of the contract;

methods, amount and terms of payment;

conditions for payment of utility bills, electricity and telephone calls;

an inventory of the property in the apartment and its condition;

natural wear and tear of the interior and items in the apartment.

When the owner is alone at the dwelling, it is quite convenient, it is he who will sign the lease agreement, and his authorized representative can also perform this procedure (in this case, his powers are notarized). The situation becomes more complicated if there are several owners - it is possible to rent out such an apartment only when everyone who has the right to a share of the property agrees to it, therefore it is simply impossible to rent out a residential space without the consent of other owners. Ideally, the contract should be certified by the signature of each owner or his official representative (let's say that one of the owners is a minor child, in this case the parent will act on his behalf). But if one of them cannot personally be present at the signing of the contract, the one who is engaged in renting the apartment can take from him a notarized power of attorney in his own name. He can also present the consent of all other owners, which also needs to be notarized.

What if the landlord cannot present all the required documents? In this situation, it is best to refuse to deal with him and look for another apartment. Keep in mind: a contract that does not comply with the law may be invalidated, and problems will arise for the tenant.

And one more thing that we often forget: do not forget to think over your actions in advance, immediately decide what will be indicated in the contract, and before putting your signature, be sure to read what you are signing.

Check the owner and documents for the apartment

The most important thing that inexperienced renters often forget is the landlord check. Ask the owner to show you the passport, it is better to let it be the original, not a photocopy. Check every page, any mark that is not required by law will invalidate your passport.

Check the title deed. This is the main document that confirms the ownership of real estate. Until 2000, a certificate of ownership of a dwelling was issued, and from October 1, 2013, instead of a certificate of state registration of rights, an extract from the Unified State Register of Rights (USRR) may be issued.

Don't forget about title deeds and other little things

Together with the certificate of registration of ownership and an extract from the USRR, ask the seller to show the documents of title to the apartment, that is, the documents by which the seller acquired the ownership of the apartment.

There are several types of such documents: a certificate of ownership, a donation agreement, a purchase and sale agreement, a certificate of inheritance, a certificate of privatization. If the apartment belongs to a housing construction cooperative (HCC), ask the seller for a certificate of the paid share.

Do not confuse these documents with various certificates of legal registration, entry into the register of owners issued by the BTI, local committees for the management of property and property funds, and other local government bodies. They cannot replace a certificate of ownership and an extract from the USRR.

Do not forget to check all documents provided to you for the absence of corrections, including the date and registration number... Seals and signatures must be legible.

In addition to the obvious things (term of the contract, size rent etc.), it makes sense to indicate, for example, the time at which the landlord can visit the apartment, as well as how long he must notify the tenant about this. In addition, it is always useful to draw up an act of acceptance and transfer of property with an indication of defects along with the contract, so that the landlord does not make you responsible for a broken TV, fallen off doors on an old wall or squeezed through, damaged long before you appeared in this apartment.

Utilities and pets

If according to the contract public Utilities you pay, be sure to get yourself a separate folder for all checks and receipts - it can come in handy in case of a conflict. It is highly discouraged to have a pet without the consent of the landlord; some apartment owners react very negatively to cats and, moreover, to dogs in their living space. In some cases, this may even be a separate clause of the agreement, but, in principle, it is quite normal to agree in words, if you approach the issue correctly.

Receipt of receipt of payment

In addition, experts recommend taking a receipt for money from the owner of the apartment when paying the rent, so that in a conflict situation you can show evidence that there were no violations on your part and you did not remain in debtors. The receipt must indicate the period for which the payment is made, as well as the amount that you transferred to the tenant. This document must be signed not only by you, but also by the owner of the rented apartment.

Repair and damage to property

There is such a concept - the natural wear and tear of an apartment. You are not amorphous airborne creatures. If someone lives in an apartment, inevitable processes of obsolescence, wear and tear, erasure, etc. take place. However, rent is an income with inherent risks and costs. Therefore, you need to pay for damaged property, but not for normal wear and tear, if this is not specifically stipulated in the contract.

Do not be embarrassed and discuss such points separately. In most cases, you do not need to specify them in the contract. Do this at least so that later you do not have to make major repairs or reimburse the cost of those things that were broken or broken before moving in. As we have already mentioned, it is best to draw up an act of acceptance and transfer, which describes the apartment and its condition, and specify valuables and equipment especially in order to avoid any possible misunderstandings on this matter.

Accommodation for third parties

Sometimes it happens that the landlord has an extremely negative attitude towards the fact that other people suddenly appear on the rented space, even if it is a friend who suddenly arrived on a business trip or a girl / boy you like very much. On the other hand, it also happens that the landlord himself may suddenly, in an improved form, demand that the tenant agree to tolerate some relative or friend of the apartment owner for a night or two. It is clear that not everyone will like such attacks, so, just in case, this can also be prescribed in advance in the contract.

Landlord visits

In the agreement, it is imperative to discuss the issue of possible visits. This will help resolve verification issues. The usual practice is as follows: the landlord visits the apartment once a month, arriving for rent, having notified the tenant in advance by phone about his visit.

Someone refers to a rented apartment as a means of earning money, while someone is too anxious and fearful and therefore decides that they have the right to visit it at any time and control the life of the tenant. According to the law, the employer has every right to require the landlord not to come without warning, and even more so when there is no one in the apartment.

Let's say you would like the landlord to visit the apartment no more than once a month, and he must notify about this by phone and no later than three days before the date of the visit. Indicate this in the contract, and if the owner of the living space unexpectedly comes to you, you can remind him that there is a corresponding clause in the contract, and that he is obliged to fulfill it.

How to terminate the contract

Sooner or later with rented apartment have to move out. How to terminate the contract correctly? The easiest option is to leave the home after its expiration date, when the tenant is obliged to vacate the living space he occupies by the time specified in the document.

If we are talking about early termination, then there are options. For example, if the landlord is the initiator of the early termination, then you can indicate in the contract that in these circumstances he must at least partially reimburse the tenant for the amount he spent on finding housing.

If the money was paid in advance, the landlord will have to return it to the tenant. If the tenant himself wants to terminate the contract ahead of schedule, then the deposit, of course, will remain with the owner of the living space.

If you are not confident in your own abilities, contact a realtor, and find an experienced specialist who really understands this issue. Show him the documents of the owner of the home, as well as documents relating to the apartment that you are offered.

Article 671 of the Civil Code of the Russian Federation regulates the procedure for renting residential premises. According to what is indicated in this article, a lease agreement must be concluded, the essence of which is that the owner of the living space provides the tenant with housing for possession and use for living. Entity he can also rent a living space, but this apartment can only be used for living, you cannot arrange a warehouse or open a store there.

Basic things to know

Article 674 of the Civil Code of the Russian Federation says that the lease must be concluded in writing. Article 288 of the Civil Code of the Russian Federation establishes that only the owner of a home has the right to rent it out, therefore, before signing an agreement, make sure that the person who rents the apartment is indeed its owner. Therefore, the first thing to do is ask the potential landlord to show a document that confirms his ownership. There are several types of such documents: a certificate of ownership, a donation agreement, a purchase and sale agreement, a certificate of inheritance, a certificate of privatization.

What if the landlord cannot present all the required documents? In this situation, it is best to refuse to deal with him and look for another apartment. Keep in mind: an agreement that does not comply with the norms of Russian law may be invalidated, and the tenant will have problems.

What exactly do you need to ask the owner of the living space? You need to ask about the apartment: how it looks like, how many rooms, where is it located. Then you need to ask about the owners, ask to show documents for the apartment, ask about the list of people living in the apartment. If everything is clear in these points, you can ask about the rent - its size, how to pay it, etc., ask how the utilities will be paid, clarify the term of the contract.

What is stipulated in the contract?

In addition to the obvious things (the duration of the contract, the amount of the rent, etc.), it makes sense to indicate the time at which the landlord can visit the apartment, as well as during what period he must warn the tenant about this. Let's say you would like the landlord to visit the apartment no more than once a month, and he must notify about this by cell phone and no later than three days before the date of the visit. Indicate this in the contract, and if the owner of the living space unexpectedly comes to you, you can remind him that there is a corresponding clause in the contract, and that he is obliged to fulfill it.

It is useful to draw up an act of acceptance and transfer of property along with the contract, indicating the defects, so that the landlord does not make you responsible for a broken TV or a shattered sofa, damaged long before you appeared in this apartment.

Also, experts recommend taking a receipt for money from the owner of the apartment when paying the rent, so that in a conflict situation you can show evidence that there were no violations on your part. The receipt must indicate the month for which the payment is made, as well as the amount that you transferred to the tenant. This document must be signed by both you and the owner of the rented space.

If you pay for utilities under the contract, be sure to keep all receipts and receipts - this will also help in case of a conflict. It is highly discouraged to have a pet without the consent of the landlord; some apartment owners react very negatively to cats and, moreover, to dogs in their living space. In some cases, this may even be a separate clause of the contract, but, in principle, with most people it is quite normal to agree in words.

Of course, it is impossible to foresee all cases, all possible reasons for conflicts. For example, it happens that the landlord has an extremely negative attitude towards the fact that other people suddenly appear on the rented space, even if it is a friend who suddenly arrived on a business trip or a girl who he liked very much. On the other hand, it happened that the landlord himself suddenly demanded in an improved form that the tenant agree to tolerate some relative or friend of the apartment owner for a night or two. Not everyone likes it, so, just in case, this can also be pre-registered in the contract.

It's time to move out

How is the contract terminated? The simplest option is the expiration of its validity period, then by the time specified in the document, the employer is obliged to vacate the living space he occupies. If we are talking about early termination, then there are options. For example, if the landlord is the initiator of the early termination, then you can indicate in the contract that in these circumstances he must at least partially reimburse the tenant for the amount he spent on finding housing. If the money was paid in advance, the landlord will have to return it to the tenant.

If the tenant himself wants to terminate the contract ahead of schedule, then the deposit, of course, will remain with the owner of the living space.

Do not forget to think over your actions in advance, immediately decide what will be indicated in the contract, and before putting your signature, be sure to read what you are signing.