Five cases when it is dangerous to register tenants ...

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Five cases when it is dangerous to register tenants to your apartment
Many are concerned about the question of whether it is worth agreeing to registration in their housing at the request of a relative or friend. Let's take a look at five cases where this is dangerous.
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1. Asked to register without accommodation
Registration of a tenant who initially does not plan to move into an apartment falls under the signs of fictitious registration, and this is a criminal offense (Article 322.2 of the Criminal Code of the Russian Federation).
Therefore, the owner, who agrees to the request of a relative or acquaintance to register him at the place of residence (for employment or benefits, for example), runs the risk of falling under criminal prosecution.
Fortunately, the Supreme Court of the Russian Federation clarified that fictitious registration of a close relative should not be considered as a dangerous crime and a criminal case should not be initiated due to its insignificance (paragraph 18 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated July 9, 2020 No. 18).
But, firstly, the court did not say anything about distant relatives or strangers. And secondly, the owner can still receive an administrative fine for violating registration rules (Article 19.15.2).
2. The tenant has a child
After registering in the apartment, such a tenant has the right to register his child in the same place - the consent of the owner of the housing is not required.
But the registration of a minor, as practice shows, can later turn into problems for the owner or tenant of the apartment. According to the recent rulings of the Supreme Court of the Russian Federation:
- Firstly, in the future, the second parent, who did not previously have registration there, can also be moved in with the child.
The courts are now taking a more thorough approach to ensuring the child's right to live together with his parents - especially with his mother (determination of the Supreme Court of the Russian Federation No. 86-KAD20-1-K2),
- and secondly, if the child is moved in as a family member of the owner or tenant (i.e., receives permanent registration), it will be extremely difficult to evict him.
Recently, the Supreme Court of the Russian Federation refused to evict a child from a municipal apartment, stating that his right to housing does not depend on the corresponding right of the parent to this housing.
And until it is proven that the child has the right to use another dwelling, he cannot be evicted (determination No. 53-KG21-9-K8).

3. Disabled relative
When moving in a disabled relative (old-age pensioner or disabled person), you need to take into account that a special rule will apply when he is evicted:
- the court may extend the term of his use of the premises, even if the owner is against it (part 4 of article 31 of the LC RF).
In practice, there is an example when a woman registered a roommate in her apartment, and a few years later relations with him deteriorated and she filed a lawsuit to evict him.
But, given that the defendant was a pensioner and did not have his own housing, the court extended his period of residence in the owner’s apartment for another year (Shumikhinsky District Court, Kurgan Region, case No. 2-593/2020);

4. Former family member
Even after the dissolution of a marriage, a former family member (ex-spouse, daughter-in-law, son-in-law, etc.) cannot be discharged from the apartment if he was moved in by the tenant before the privatization of housing and continues to use it.
And the owner of the apartment will be refused to remove the tenant from the register if:
- he once refused to participate in the privatization of this apartment,
- or continues to use housing on the basis of an agreement with the owner.
For example, the mother-in-law was denied the eviction of her ex-daughter-in-law from her apartment, because she signed a contract with her for gratuitous use of housing for 5 years, which was extended by default.


5. The owner of the apartment has benefits
The appearance of a new tenant in the personal account will entail the recalculation of compensation or subsidies for the payment of housing and communal services.
Therefore, if the homeowner does not inform the social security about the registration of a new family member on time, this can lead to the formation of an overpayment with its subsequent recovery through the court.
And in the event that the owner registers in his apartment someone who does not have the status of a pensioner or a disabled person of groups 1-2, then he will not be able to receive a benefit for paying for major repairs upon reaching the age of 70.
The author of the article: Irina Sivakova, candidate of legal sciences.
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Five cases when it is dangerous to register tenants ...