You buy an apartment, register ownership with Rosreestr, get the keys. A month later you discover someone is living there — someone who cannot legally be evicted. Not by agreement, not by court order.
This is not an edge case in Russia’s resale property market. Russian law separates the right of ownership from the right of use: different people can hold each. The sale of an apartment does not extinguish the right of use.
Here are seven categories of “permanent residents” — people whose right to live in the property survives regardless of who the new owner is.
1. Those Who Waived Privatisation
The most common and hardest-to-detect category.
When Soviet-era apartments were transferred to private ownership, every registered resident could either become a co-owner or give up their share in favour of other family members. A person who waived their share received no ownership stake — but retained a permanent right of use over the apartment, regardless of who owns it later (Art. 19 of Federal Law No. 189-FZ of 29.12.2004).
The danger: this person may have deregistered from the apartment years ago, live in another city or country — and still hold the right. Courts consistently uphold it.
2. Recipients of a Testamentary Legacy
If the previous owner left a will that obliged the heir to grant a specific person the right to live in the apartment (called a testamentary legacy), that person may live there for the entire term specified in the will — often for life (Art. 33 of the Housing Code, Art. 1137 of the Civil Code).
This right follows the property through any subsequent sale.
3. Housing Cooperative Members Who Contributed to the Share
In cooperative apartment buildings, ownership arose in the name of whoever formally paid the share. But if a spouse participated in paying the share, they also acquired a right of use (Art. 133 of the Housing Code) — even if their name never appeared in ownership documents.
Upon divorce, such a spouse retains the right of use. On a subsequent sale, it passes to the new owner as an encumbrance.
4. Life-Annuity Recipients
Under a life-annuity contract, a previous owner transferred the apartment but retained the right to live there until death (Arts. 601, 604 of the Civil Code). If the apartment was later sold while the annuity was still active, the recipient’s right persists.
Be especially careful when buying apartments that previously belonged to elderly people living alone, or where the chain of title includes multiple sales.
5. Former Spouses with Agreement-Based Rights
If a marriage contract or property division agreement granted one spouse the right to use an apartment, courts will protect that right even after the divorce (Part 4, Art. 31 of the Housing Code). A sale to a third party does not cancel such an agreement.
6. Minors
Children cannot be deregistered into homelessness. If a minor was registered at the address and their interests were not properly protected in a previous transaction — for example, the sale proceeded without permission from the guardianship authority — that transaction can be challenged (Art. 292 of the Civil Code). Even years after the fact.
7. Temporarily Absent Persons
People serving prison sentences, on active military duty, or in long-term medical care retain the right to re-register and return to their place of residence (Art. 71 of the Housing Code). If the apartment was sold during their absence, they may return and move in.
How to Check Before You Buy
The only protection against permanent residents is documents. The seller may genuinely not know about someone else’s rights — or may be concealing them. Verify independently.
Archive Registration History
Request an extended (archive) extract from the house register. It lists everyone who has ever been registered since the building was constructed. Look for:
- the privatisation date and anyone who was registered at that time but did not become a co-owner (likely waiver candidates);
- departures on “high-risk” grounds: imprisonment, military service, placement in a psychiatric facility.
Title Documents
- If the apartment was acquired through inheritance — read the full text of the will for any testamentary legacy.
- In a cooperative building — request a certificate of full share payment and ask who contributed to the payments.
- If the title is based on a life-annuity contract — verify the death certificate of the annuity recipient.
Seller’s Family History
- Confirm there is no marriage contract or property division agreement granting an ex-spouse the right of residence.
- Verify that the interests of any minors were properly protected in all prior transactions.
Court Records Check
Search the GAS Pravosudie portal for any litigation involving this address — eviction claims, recognition of residence rights, or challenges to prior sales.
If the title history includes privatisation-era waivers, require a notarised statement from those persons confirming they make no claim to residency and will deregister.
The Bottom Line
A permanent resident is not always grounds for walking away from a deal — but always grounds for a lower price or for requiring notarised waivers before signing. Evicting such a person through the courts is virtually impossible: the right follows the apartment, whoever the owner.
This is exactly why legal due diligence should happen before you hand over a deposit — not after.
Read Also
- Babushking: 4 Ways to Protect a Resale Property Purchase
- Hidden Risks in Resale Property: When Past Deals Come Back
- Lifelong Right of Residence: When and How It Works
- Resettlement in Russia: Will Utility Debts Follow You?
Planning to buy resale property in Russia? We verify the documentary history of a property and identify hidden encumbrances before the transaction. Contact us for a consultation.