How to act if there are registered residents in the purchased apartment: lawyer's advice

      March 23, 2026 14:20 Society Buying an apartment is an important and responsible event. However, sometimes it can be overshadowed by an unpleasant surprise: after the deal is concluded, it turns out that the former owners or their relatives are still registered in the apartment. What to do in such a situation? Registration at a specific address is not just a formality, emphasized Elena Rudakova, a lawyer specializing in real estate and housing rental, in a conversation with 360.ru. It allows government agencies to track the residence of citizens, which is important for ensuring their rights and obligations. Registration is regulated by Article 3 of Law No. 5242-1 "On the Right of Citizens of the Russian Federation to Freedom of Movement, Choice of Place of Stay and Residence within the Russian Federation." What happens when selling an apartment? According to paragraph 2 of Article 292 of the Civil Code of the Russian Federation, the apartment passes to the new owner after signing the purchase and sale agreement. The seller is obliged to deregister themselves and remove all family members from the registration account. Failure to do so may lead to a legal dispute. What to do if the seller refuses to deregister? If the seller does not fulfill their obligations, the new owner of the apartment can go to court. In this case, an adult can be deregistered unilaterally. However, this is not always straightforward. How to check if anyone is registered in the apartment? Property owners have the right to request all necessary certificates about the registered individuals in the apartment. They can do this without the consent of the residents. Such information can also be obtained by the owner's authorized representatives with a notarized power of attorney. A prospective buyer does not always succeed in obtaining such a certificate, but they can demand it from the seller. If the seller refuses to provide this information, it may serve as grounds for withdrawing from the transaction. Can children be deregistered? If a child is registered in the apartment, it is considered a burden for the seller. A child can only be deregistered without the parents' consent through the court. The court takes into account the circumstances and the child's interests. If the child has not lived in the apartment for more than a year, their parents do not pay for utilities, or they can register the child at another address, the new owner can go to court with a request for deregistration. What to do if there are registered individuals left in the apartment after purchase? If it turns out that there are registered individuals left in the apartment after the purchase, the new owner can demand their deregistration through the court. For this, they need to gather evidence that these people do not reside in the apartment and do not manage it. Temporary registration: what you need to know? If you are selling your only housing and have nowhere to deregister, you can obtain temporary registration with friends or in rented housing. For this, you need to write an application for removal from the account at the old address and attach supporting documents. Tips for buyers When buying an apartment, it is important to be attentive and check all documents. If the seller refuses to deregister before the transaction, this may be a serious reason to withdraw from the purchase. It is also worth checking if there are any minor children registered in the apartment, as their deregistration may be complicated. If you encounter a situation where registered individuals remain in the purchased apartment, do not hesitate to go to court. The law is on your side, and you will be able to protect your rights. NIA "Nizhny Novgorod" has a Telegram channel. Subscribe to stay updated on major events, exclusive materials, and timely information. Copyright © 1999—2025 NIA "Nizhny Novgorod". When reprinting, a hyperlink to NIA "Nizhny Novgorod" is mandatory. This resource may contain materials 18+