How to evict tenants from a rental apartment: without a contract, with children

Last modified: January 2021

Vacant real estate provides a chance not only to benefit from renting out, but also entails certain difficulties associated with interaction with tenants. When problems arise with payment, the owner is forced to think about how to evict tenants who do not pay the previously agreed amount. Tenants do not always agree with the owner’s decision, refusing to vacate the apartment, citing a variety of pretexts. The homeowner suffers losses in the form of lost profits and must deal with unpleasant proceedings with unwanted tenants.

The eviction process will largely depend on the specific circumstances, taking into account the presence or absence of a signed tenancy or rental agreement.

Legal grounds for eviction

Despite the fact that the owner of the apartment has every right to insist that defaulters vacate the property, the law requires compliance with a certain sequence of actions, protecting the interests of both parties to the transaction.

When faced with malicious evasion of payments, the owner must act based on whether a written agreement was concluded with the tenant, or whether the tenants moved in without an agreement. The eviction process will also be affected by the presence of registration at the address of the rented apartment.

If the contract has been signed, its provisions probably contain information about the specifics of early termination, its causes and consequences. In addition to the regulatory document, the parties are required to comply with civil and housing legislation.

In Art. 687 of the Civil Code of the Russian Federation provides legal grounds giving the right to eviction on a unilateral initiative, in court or out of court:

  1. Use of the apartment for other purposes not agreed with the owner (in connection with commercial or industrial activities).
  2. Damage to property and equipment inside, deterioration of technical condition.
  3. Actions to harass neighbors, violate social norms of living in an apartment building, damage common property, hooliganism.
  4. Rent arrears for the last 2 months (for a short-term contract), and for 6 months (for a long-term partnership of 1 year or more).

Faced with opposition from tenants, the landlord sometimes has to go to court to free his own living space from unscrupulous citizens.

If one of the above grounds appears, it is required to notify the tenants in advance of the intention to terminate the agreement if the debt is not repaid in the near future.

According to the provisions of the law, tenants can be evicted early only if they have:

  • voluntary decision of the employer;
  • court order.

You should know in what cases the apartment owner has the right to evict a tenant:

  • 6-month absence of resident;
  • deprivation of liberty;
  • conscription for military service;
  • use of false documents;
  • recognition as dead.

Parting with tenants is a matter no less significant than moving them in. If an agreement has been concluded, the parties must proceed from the clauses establishing the eviction procedure, unless the conditions contradict the law. When the agreement was only oral, the landlord risks being left without payment, since there is no document confirming the obligation to make rent payments. There are many other nuances that directly affect the process of eviction of debtors.

Nuances of early termination

When tenants are in no hurry to pay off debts for rented housing, a variety of reasons can be given: loss of earnings, illness, life troubles, etc. At the same time, the homeowner is not obliged to provide his square meters for free, since in this case we are talking about a commercial transaction that is not related to social norms.

When to evict?

One late payment under the contract does not give the right to early eviction.

According to the law, you can demand to vacate the occupied living space only in case of delay in payments for 2 or more months. Since, with a contract for a period of more than one year, the lessor has the right to demand termination only after accumulating a six-month debt, many prefer to initially enter into contracts for a shorter period - within 11 months. This gives the right to make claims against tenants after only 2 late payments, and also frees them from the need to register rental relations with the Federal Tax Service.

Any party to the transaction has the right to terminate the contract early by notifying the other party to the lease transaction about the upcoming changes within two weeks. If, during an inspection of the apartment, damage to property was revealed, the tenant is obliged to compensate for the damage caused.

Is it possible to evict if there is temporary registration?

Sometimes tenants agree to rent on the condition that the owner of the property obtains a temporary registration. In the future, if you intend to part with the debtor tenants, serious difficulties arise until the end of the registration period. If permanent registration is issued, the tenant acquires the right to stay in the rented apartment indefinitely.

The issue of eviction and discharge of a minor is especially acute. Agreeing to register a child so that the tenant parents can exercise the civil rights of their child, the owner will inevitably face the problem of eviction of the registered person if there is no alternative place of registration. It will be necessary to involve the guardianship authorities, which often defend the rights and interests of the minor.

Significant obstacles and nuances

In some cases, the conflict may be complicated by certain circumstances that will not be so easy to resolve. What should you remember when planning to allow strangers onto your territory, even under an officially formalized agreement?

Public utilities

You should decide in advance what will be more convenient for you: re-register the utility contract for the tenants, or make the payment yourself. With the rental of housing, the owner’s responsibilities related to paying the necessary bills do not disappear. You can make it simpler: include the required amount in the monthly rent. Then tenants do not pay extra for utilities.

Family with small children

Many property owners prefer not to rent out their homes to families with small children. It would seem, what could be the catch in this? The fact is that if the tenants fail to fulfill their duties, the owner will not be able to quickly evict them from his apartment. According to the law, you cannot kick a child out onto the street; you can get into big problems with the guardianship and trusteeship authorities. There is a law on the protection of children's rights that no one can refute.

Registration

It is not recommended to register people who are just renting your apartment, even for a long time. Even with temporary registration, serious complications may subsequently arise. Remember that if tenants at any point refuse to pay the amount agreed upon in advance, it will be almost impossible to force them to do so. They will already be considered part of your apartment, although they will not be the owners. Registration is a very delicate and controversial issue. If you want to help people, it is better to find another way. There is no need to expose yourself.

Eviction during the cold season

Eviction of negligent tenants in winter has its own characteristics, which must be taken into account in advance if a conflict occurs.
It is imperative that you have the eviction notice period in hand. Otherwise, the court is unlikely to be able to kick people out into the street during the cold season. Most likely, they will receive a temporary reprieve, which may last another two to three months. All this time, the apartment owner will have to endure depressing circumstances and pay all the bills on his own. This is hardly what most citizens who rent out their homes dream of. Additional legal proceedings may take a long time.

Thus, when tenants do not want to move out and do not want to pay either, there is always a solution. You just need to know the sequence of correct steps. If a tenant does not pay rent for housing, then by law he has no right to be in the premises. It is advisable to initially draw up rental documents so that later you have every reason to evict negligent tenants. When it is not possible to resolve the conflict on your own, it is necessary to file a claim in court.

Contractual conditions and features of eviction of tenants

The owner’s reluctance to continue providing housing to tenants cannot be implemented unilaterally. Subject to early termination specified in the contract, the owner is obliged to notify in advance within a certain period of time to find a new living space. How to properly evict tenants for non-payment is determined by the terms of the contract when it exists, the term of the concluded agreement in tandem with the period of debt and the presence of force majeure circumstances encountered by the tenants.

Without a rental agreement

By not formalizing contractual relations with tenants, the owner complicates the task of kicking out tenants who do not pay. The use of the apartment for its intended purpose, the absence of complaints from neighbors, and the timely payment of utility bills are in favor of the tenants. The owner must additionally:

  • prove the fee basis for the provision of housing;
  • justify the lack of entrepreneurial activity.

If the oral agreement does not provide for the free use of housing, then the owner is obliged to report on income received from property rental to the fiscal authority with payments to the budget. Otherwise, he is threatened with the accrual of financial sanctions for failure to submit a declaration and calculation by indirect methods at prices prevailing in the market for the provision of similar services.

If tenants do not pay for a rented apartment, then the maximum that can be done without an agreement is:

  • ask to pay off the debt and move out;
  • provide time to find an alternative option;
  • involve law enforcement agencies to enhance the effect.

Renting an apartment without a contract is a risky undertaking due to the possibility of blackmail for tax evasion, the impossibility of going to court to make a decision with further recourse to the bailiff service for execution.

According to the rental agreement

The presence of an agreement in writing protects the interests of the owner from violation of the terms, prescribes rights and obligations, and “frees hands” to appeal to the courts in case of failure to fulfill contractual obligations. How to evict tenants for non-payment under the contract depends on the conditions specified in the text of the document, which makes it possible to record failure to fulfill obligations to the court:

  • procedure for making payments for renting premises (timing, frequency);
  • mechanism for paying for utility services (directly to housing and communal services according to issued invoices, in transit through the owner);
  • payment methods (cash with a receipt, non-cash payment by transferring funds using the specified details);
  • methods for resolving conflict situations;
  • algorithm for early termination at the initiative of either party.

If the tenants do not pay according to the agreement, then the owner has the legal prerequisites to file a lawsuit to pay off overdue and current debts with the subsequent eviction of negligent tenants. However, if there are objective reasons (serious illness, loss of a source of income due to circumstances beyond the individual’s control, including permanent disability), the judicial authority may grant a deferment.

If you have temporary registration

Renting housing to nonresident citizens for a long period must be accompanied by registration at the passport office. Otherwise, both parties face penalties for administrative violations, and the fine of the owner in monetary terms is higher than the fine of the tenant.

If the tenant leaves the premises without deregistering, then the owner, in addition to paying utility bills, is considered a landlord in the eyes of the tax service with the obligation to make payments to the budget from uncollected rent amounts.

Therefore, if registered tenants do not pay rent, then it is necessary to prove in court the early actual termination of the contract and the need for deregistration due to:

  • long absence for unknown reasons, exceeding six months;
  • urgent conscription for service in the Armed Forces of the country;
  • conviction to imprisonment with serving the sentence in a correctional colony.

Early termination of the contract automatically cancels the right to temporary registration in the owner’s residential premises.

Procedure

Can I evict tenants, and how to do it correctly? The eviction procedure depends on the conditions under which people live. types of hiring :

  • hiring without a written agreement;
  • rental of real estate under contract.

When hiring without a contract

How to evict people if there is no agreement? This option for renting out housing is most often used when moving in relatives or friends. But often, by verbal agreement, owners move strangers into their living space.

With this option, you can evict unscrupulous tenants on demand . But only if the residents agree to the requirement and leave the living space without objection.

But often employers do not agree with the claims and refuse to leave, threatening to file a complaint with the tax authorities.

Indeed, if they prove the paid nature of the stay and the facts of the transfer of funds for rent, the owner may have quite a few problems.

Read on our website about what liability is provided for the illegal rental of residential real estate.

Therefore, to avoid unpleasant consequences , use the help of a lawyer to resolve the issue of eviction. You can do the following yourself:

  1. Come to the apartment when the tenants are on its territory, taking the title documents for the property and a passport.
  2. While there, call the police and report that there are unauthorized persons in the apartment who refuse to leave it voluntarily.
  3. If suddenly the tenants changed the locks, then call the Ministry of Emergency Situations and the police to open it. Documents and a passport must also be with you in order to show your rights to living space.

Police officers will help you expel unwanted guests legally.

In the absence of a written contract, residents can be evicted at any time of the year , even if they have minor family members.

When renting under a contract

Do not use measures such as threats or changing locks. These methods are illegal and may harm you in the first place. In such actions, the law will be on the side of the tenants, and the landlord will suffer material losses .

Renting an apartment with a concluded contract protects not only the rights of the owner, but also the rights of the tenant.

Therefore, in case of refusal to leave the apartment voluntarily, you can only evict your tenants through the court.

It is he who, if there is appropriate evidence, can officially terminate the existing contract.

There are several options for the development of events in such cases:

  1. The document contains a clause on the conditions for its early termination.
  2. Conditions may be for non-payment of rent, use of the premises for other purposes, violation of the rights of neighbors, damage to property, etc. An eviction under these terms requires service of a termination notice. Tenants must sign both copies upon receipt.

    two witnesses present during delivery , since residents may refuse to sign. In this scenario, you read the notice out loud and ask witnesses to sign. The notice must then be filed with the court if the tenants do not vacate voluntarily.

  3. Failure to pay rent .
  4. How to evict tenants for non-payment? Violation of obligations to pay for renting an apartment is a valid condition for breaking the contract.

    To prove the absence of payment for any period, each payment must be included in a statement .

    Try to collect and complete as many documents as possible when renting out an apartment. This will be useful as evidence when going to court.

  5. Non-payment of utilities .
  6. Often, when drawing up an agreement, the amount of rent payments includes payment for utilities . To claim payments from tenants, you must first renew the contract with service providers for the tenants. Otherwise, the homeowner must .

    Re-issuance of a document is practiced when concluding a long-term contract.

    In any case, failure to pay utility bills may serve as grounds for termination of the lease agreement.

  7. Violation of neighbors' rights.
  8. Noisy tenants are a problem not only for the owner of the premises, but primarily for the neighbors. If they constantly complain about inappropriate behavior of tenants. According to Article 687 of the Civil Code, a contract can be terminated on the basis of systematic violations of the rights and interests of neighbors .

    If your tenants constantly violate public order or have noisy parties, ask your neighbors to file a police report. Based on the protocol drawn up by the district police officer, you can present a demand to immediately leave the apartment.

    In this case, it is not even necessary to notify the tenants 2 months in advance, since there was already a previous warning about eviction in case of inappropriate behavior.

  9. Destruction or damage to property .
  10. Actions of the tenant that lead to damage to the owner's property or destruction of the apartment are good grounds for eviction.

    However, the law provides a period for eliminating violations and restoring the premises.

    The court usually gives from 6 months to 12 months to comply with the requirements. Eviction occurs if the tenants do not cope with the requirement within the allotted period.

  11. Eviction from a small family or communal apartment.

Living in this type of housing has its own characteristics . Close interaction between citizens living on the territory requires everyone to comply with established norms of behavior. Therefore, if the tenants do not satisfy other tenants with their actions, they can be evicted based on complaints received. Provide tenants with a 2-month notice and remove them from the apartment upon expiration of the period.

A written statement from neighbors in a communal apartment or small family can guarantee the success of the eviction.

Standard procedure

Download the Notice of Eviction from the Apartment (17.9 KiB, 353 hits)

Statement of claim for eviction of tenants (without an agreement). Sample (19.3 KiB, 496 hits)

To avoid negative consequences when parting with debtor tenants, it is necessary to foresee these situations in advance by formalizing the rental of premises with an agreement correctly, describing in detail the reasons that give the right to terminate the agreement unilaterally without trial. As a rule, all situations specified in Art. 687 civil law.

If the tenants have registration at the address of the rented apartment, they will have to evict them before the expiration of the agreement.

When a family with children is evicted, the owner gives a certain period of time for the residents to prepare and find a new place to live. Until recently, evictions of tenants with children were not carried out during the winter, which gave tenants the opportunity to use the additional time to accumulate debts. Currently, the question of whether it is possible to evict in winter does not arise, since such a restriction has been lifted and the deadline for vacating housing is set based on the general provisions of the law.

If the tenant does not agree

When agreement cannot be reached and the tenants do not want to move out, the apartment owners are left to seek help from law enforcement and judicial authorities.

The judicial procedure involves filing a claim and considering the issue at a meeting, based on the documents attached to the claim and witness testimony.

Refusal to comply with a court order gives the right to take measures to prevent tenants from using housing, up to changing the locks and removing things to the landing, with exemption from responsibility for the safety of non-paying property. However, in order to avoid excesses, it is recommended to warn debtors about possible sanctions, taking care of the presence of witnesses.

The problem of what to do if the door to the apartment is closed and the tenants are preventing the owner from getting inside can be solved with the help of law enforcement officers and the Ministry of Emergency Situations. Before contacting government agencies, the owner prepares documents confirming his right to this apartment and an identity card (passport). Help from the Ministry of Emergency Situations consists of opening the door and providing the owner with access to the inside of his living space.

A compromise option for residents to leave involves preliminary repayment of the debt on a voluntary basis within the terms independently agreed upon by the parties. The parties to the agreement can draw up an acceptance certificate, according to which the owner and the tenant acknowledge the absence of property claims against each other. How to kick out tenants who do not pay and do not want to voluntarily leave the premises depends on the presence or absence of the above agreement, which radically changes the procedure for eviction.

If there is an agreement

It is impossible to simply throw irresponsible tenants out of the premises; forced eviction of tenants for non-payment must include a number of stages of sequential actions:

  1. Pre-trial settlement. Recording of a violation must have written confirmation in the form of:
      a directed warning about violation of the payment deadline, indicating details;
  2. notifications with a requirement to vacate the property and a message about going to court in case of non-compliance.
  1. Drawing up and filing a claim. Contents of the claim:
      name of the judicial authority, personal and contact information of the parties to the transaction;
  2. abstract information about the ownership of the property and the grounds for its occurrence with the attachment of title and title documents;
  3. information about the chronology of the conclusion of the lease agreement;
  4. grounds for termination indicating a violation of the clause on payment for a certain time with the simultaneous eviction of tenants for non-payment of rent payments;
  5. attachment of documents confirming the identity and ownership of the plaintiff to the property and documents indicating the lack of payment (extract from the current account on the movement of funds for non-cash payment, housing and communal services certificates about the presence of overdue debt, subject to payment directly by the tenant, etc.), receipts on payment of state duty.
  1. Trial. The legal battle lasts from three months to six months, depending on the actions of the defendant, including deliberate avoidance of visits. Since the debt has been growing throughout the entire period, it is advisable for the plaintiff in the claim and during the hearings to focus, in addition to eviction of tenants for non-payment, on the growth of the current debt with a demand for repayment with penalties for the delay.
  2. Judgment and execution. If a decision is made in favor of the plaintiff and the defendant fails to comply, the following should be done:
      transfer the writ of execution to the bailiff service and initiate the opening of enforcement proceedings;
  3. draw up an act of acceptance and transfer upon actual eviction by bailiffs.

Despite the length of the procedure, how to properly evict tenants for non-payment, failure to comply with the regulations is fraught with a counter-claim by tenants for arbitrariness. Even if you have a court decision on eviction, it is necessary to act through legal representatives, since the use of violent actions can lead to the opening of a process against the owner, up to and including the initiation of a criminal case.

Lease contract. Basic moments

Helpful advice

The preparation of this document protects both the owner of the property and its temporary residents from unforeseen situations.

A lease agreement is a document regulating the relationship between the landlord and the tenant, which specifies all the main points: the terms of delivery of housing, the rental amount and the date of its payment, the obligations and rights of the parties. It should disclose as much as possible all possible conflict situations and ways to resolve them, as well as the consequences that will arise if certain conditions are not met.

If tenants do not comply with rent payment deadlines, and the owner decides to evict the tenants, he must inform them of his intentions and only then begin legal proceedings. It is quite possible that after such a warning, the tenants will leave the premises themselves.

Warning

It is important to remember: before the expiration of the agreed period, temporary residents cannot be kicked out without reason. As a rule, by law, the tenant is given at least two months to find other housing and pay off the rent debt. After this time, the tenant is obliged to leave the apartment.

In order to evict a tenant for non-payment, evidence is needed. Therefore, it is worth collecting all possible documents that could confirm the facts of regular failure to fulfill obligations to pay rent. If legal proceedings for forced eviction begin, this will be the main argument for its approval, which means you won’t have to wait two months.

Download

Sample apartment rental agreement.doc

Eviction through court

If peaceful negotiations with defaulters do not produce results, the owner goes to the district court at the location of the apartment.

Download the Statement of Claim for Eviction of Tenants. Sample (19.5 KiB, 582 hits)

Claim for termination of a tenancy agreement (plaintiff - homeowner). Sample (58.5 KiB, 760 hits)

The basis for consideration of the case is a statement of claim drawn up according to the sample, with the obligatory indication of the following information:

  • Personal information about the defendants, passport details, full name, registration.
  • Basic information about the terms of employment, date and place of drawing up the contract.
  • The period for which the debt arose, other reasons that served as the reason for early termination of the contract.
  • The formulated demands of the claim are forced eviction, termination of the contract, collection of debt and penalties, etc.
  • Reference to legal provisions providing grounds for forced eviction.

The application must be accompanied by a document confirming payment of the fee, and in the text of the application, if desired, the plaintiff asks to recover costs from the defendant. In addition to court fees, costs also include paid legal services for eviction.

The court decision in itself is not the end of the procedure. It will be necessary to verify the fact of proper execution and final settlement with residents. Sometimes, even after a court verdict, tenants evade its execution. Bailiffs, who have fairly broad powers within the framework of enforcement proceedings, come to the aid of the owner.

Does a landlord have the right to kick tenants out of his rental property?

First of all, it should be understood that the eviction of tenants can be done both with the help of the judiciary and through one’s own efforts in this matter.

And, since going to court is a very troublesome and lengthy process that requires considerable effort and financial resources (if you hire a professional lawyer), it is worth trying to resort to well-known pre-trial measures in favor of tenants.

Without trial

ATTENTION! Regardless of whether you rent an apartment with or without a contract, do not try to use any illegal methods in attempts to evict negligent tenants, as this will not lead to anything good.

In addition, you may be prosecuted and considered an unscrupulous landlord.

If you rent out housing without a contract, the tenants must vacate the apartment upon your first request. It is worth talking to them in a calm atmosphere, explaining the situation, perhaps giving them some time before leaving (at your discretion).

If talking turns out to be a waste of time, move on to other legal actions:

  1. Prepare a certificate of ownership in advance and call the police. Explain the essence of the current situation to the authorities and show them the documents for the apartment.
    Tenants live without a contract, and, therefore, do not have any rights to occupy your home (according to clause 2, article 1 of the Housing Code of the Russian Federation and clause 2, article 3 of the Housing Code of the Russian Federation).

    In most cases, this method has the desired effect on the tenants, and they move out. Otherwise, they can be accused of illegally entering someone else’s residential premises (under Article 139 of the Criminal Code of the Russian Federation).

    However, it is worth keeping in mind that tenants may refuse to make contact with you (including police officers); they simply will not open the door for you. In this case (at the discretion of the owner), sometimes they call the rescue service and open the locks.

    Also, you can watch your hated tenants near the door in every possible way (preferably, together with the district police officer), so that in case of theft or damage to property, you can document the losses and subsequently demand financial compensation.

    In order to bring the district police officer up to date with the matter, you must first contact the law enforcement agencies (at the location of your home) and write an eviction application, which should be handed over to the district police officer personally.

    Application for eviction:

    • In the upper right corner the details of the owner and to whom it is submitted (name of the district police officer, position) are indicated.
    • Below, by .

  2. We describe the essence of the problem in detail.
  3. We put a date and signature.
  4. IMPORTANT! Upon first request, the police may refuse (without evidence of a crime).

    Then you should file an application with the prosecutor's office. But, as a rule, it doesn’t come to that.

  5. Contact the management company with a request to turn off utilities. Then, most likely, the residents themselves will not want to stay in such uncomfortable conditions. This is an effective way to evict tenants.

If all of the above methods do not have the desired effect, then there is only one option left - to go to court.

Through the court

We draw up a written notice of eviction (three months before the trial) and present it to the tenants for review and signature. The rules for drawing up the document are as follows:

  1. We write on A4 sheet format, or print out a ready-made standard form.
  2. In the left-right corner we indicate “To” (tenant’s full name, address) and below “From” (your full name and address).
  3. A little lower, by .
  4. Next, we write according to the text: “I am the owner of the residential premises, which is located at the address”... (indicate the address of the apartment in full, including the city and region). “The ownership of the designated residential premises belongs to me on the basis of”... (you must indicate a document - a certificate of ownership).
  5. We indicate the grounds on which the tenants lived, indicate on what date (date in full) the right to use the housing ends, indicating the reasons for eviction.
  6. We indicate by what date they must leave the premises (date), and write down the address of the apartment in full.
  7. Next, we instruct the tenants to remove all their belongings and hand over a set of keys to you personally.
  8. At the end, you need to describe what measures you will take if the tenants do not vacate the premises (you will demand forced eviction through the court, on the basis of Article 35 of the Housing Code of the Russian Federation).
  9. We put the date of preparation of the document and your signature.
  10. The tenant of the premises must sign your signature.

ATTENTION! If the three-month period has expired and the tenants still occupy the living space, we file a statement of claim in court.

It is only necessary to issue an eviction notice if you are renting housing under a contract.

If without it, it’s enough to just call the police and immediately go to court (if the residents behave aggressively and do not want to leave).

We draw up a statement of claim to the court:

  1. In the upper right corner - the name of the court, your full name, full name of the defendant and full address.
  2. By .
  3. We write the appeal: “I, (full name) am the owner of the residential premises...” (indicate the address, including region, city, district).
  4. Date of conclusion of the contract and for what period it was concluded.
  5. We explain in detail the reasons for eviction.
  6. In connection with the violation (or failure to fulfill) obligations on the part of the defendant, you demand the eviction of (full name of the defendant) from the residential premises (full address).
  7. Bottom left is the date the claim was filed. On the right is your signature.

To submit an application, you must contact the district court at the location of your home.

IMPORTANT! During the legal proceedings, tenants will occupy your home.

And only on the basis of a court decision, they will be obliged to vacate the premises. The total duration of the trial is three months.

The following must be attached to the lawsuit: a police report (when contacting the police), testimony from neighbors (possibly copies of their written appeals to the police in connection with the violation of order on the part of the defendant), as well as documents confirming the fact of non-payment, theft of material assets and damage property, a certificate from a medical institution (if during the showdown your health deteriorated and you want to receive financial compensation).

Is it possible to ask to leave in winter during the heating season?

If the owner has good grounds for eviction, the time of year cannot prevent it.

True, often, you still have to resolve the issue through the court (if you don’t want to leave voluntarily). In addition, if you provided a written notice of eviction, as required, three months in advance, then the tenants are required to vacate the living space.

This clause does not apply to renters without a contract - eviction occurs immediately, regardless of the winter period or not.

They don't want to pay rent

If the tenants fail to pay for their accommodation, it is necessary to attach a pay slip to the statement of claim, which must correctly reflect all payments (for each month), with the signatures of the tenants. And, according to the rental agreement, the court will collect the necessary amount from them (if they refuse to pay voluntarily, without a trial).

REFERENCE. If an agreement has not been concluded with the tenants, then it is almost impossible to collect the debt.

You can only achieve eviction through the police and judicial authorities.

What to do if they don’t pay money for utilities?

If the agreement stated that the tenants must pay utility bills, then you need to take the appropriate certificates from the utility services stating that they do not pay and provide them to the court. As a result, they will no longer live with you; they will be forced to move out and pay for utilities.

Lost and didn't pay

You must provide a copy of the rental agreement and payment slip. Then the judicial authorities will search for the fugitives and force them to pay the debt.

If they lived without an agreement, it is hardly possible to do anything.

If you moved out ahead of schedule

The tenant should have warned you about this three months before departure. If this does not happen, then in court you can recover rent for three months .

They don't want to move out

If they don’t want to move out under the agreement, we resolve the issue with the help of the court. If they don’t want to move out without an agreement, use the police and utility services, depriving them of comfortable conditions (these methods are given above).

From a communal apartment

ATTENTION! If tenants disturb the peace of nearby neighbors (mainly in the evening and at night), it is necessary to file an application with the court.

In this case, it is necessary to attach witness statements from neighbors.

With small children

In this case, the court may side with the defendant and give the residents a temporary reprieve to find new housing.

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