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Real Estate Articles
16.03.2015

Tenant`s deregistration: from now the owner holds all the aces

If you are the owner of square meters, of course, you are interested in renting your apartment in the centre of Kiev with as much profit as possible. Most landlords prefer as tenants foreign citizens (especially Europeans) - representatives of international companies, etc. The owners consider this to be a guarantee of a stable long-term rent and accurate rent payments. However, renting of the apartment to foreign citizens involves a number of bureaucratic procedures, for the landlord to pass. And for the majority, they resemble "seven circles of hell.

According to the Ukrainian law, foreign citizens who stay in Ukraine for more than 90 days must issue the employment permission, on its basis – Temporary residence permit, where the place of registration will be indicated. For many owners the necessity of registration of a foreign tenant becomes a stumbling block because the main fear of the lessor is the tenant`s deregistration if he leaves without registration canceling and takes away the original of his Temporary residence permit. As far is known, a temporary registration is abolished in Ukraine, and if the Temporary residence permit has expired, the tenant remains registered in the apartment until filing of Application with the request of registration canceling. It turns out that a reliable tenant with a good budget is found but the lessor does not want to make the registration for him because of the above-listed concerns. As a result, the apartment is not rented, as the registration is a matter of principal for foreign tenants nowadays.

Indeed, according to the Order of the Ministry of Internal Affairs of Ukraine since 22.11.2012 "On the Approval for the Procedure of registration of the residence of private persons in Ukraine," the reason of the registration canceling is the Application about the deregistration represented by foreign citizen or his representative and the original of the Temporary residence permit. However, how to be in the situation when the tenant left without canceling his registration and took the documents with him? Before it was possible to cancel the registration in such case only applying to the court, what in most cases supposed waste of time, money and nerves of the owner.

A good news for the owners is that on May 5, 2014. the Ministry of Internal Affairs of Ukraine adopted the Annex

to the above-mentioned Order. According to this Annex, the owner can on his own cancel the tenant`s registration without his presence (without notarized power of Attorney from a foreigner for registration canceling) and the original of his Temporary residence permit. In order to proceed with this the owner of the apartment should represent to the Municipal Administration of his district (Center of administrative services providing) the following documents:

  • Certificate issued by the State Immigration Service Department confirming the expiration of the foreigner`s Temporary residence permit or
  • Rent agreement where the expiration of rent period is confirmed
  • The owner`s passport
  • The original copy of the title establishing documents for the apartment (in order to confirm that the applicant is indeed the owner)

The Administrator of the Center of administrative services providing receives from the owner the Application for the tenant`s registration canceling, registers the Application, then sends the documents to the State Department of Immigration and Citizenship where the tenant`s registration is canceled and DIC passes this information to the passport officer of the district ZHEK.

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