Many people use the home they own to rent out. However, sometimes agreements are not fulfilled due to the tenant’s violation of payments for the occupied premises. In this case, there are not only sanctions specified in the contract, but also the opportunity to evict the tenants.
If tenants don’t want to move out and pay too, it’s time to take active action. The first thing you should do is review the lease agreement. It is possible that tenant behavior is facilitated by vague language in the terms of the agreement.
For example, it may not indicate when the payment for accommodation is due, i.e. when signing the lease agreement, they simply forgot to indicate the exact dates.
If a tenant does not pay rent, what to do, how to evict tenants from a rental apartment
We repeat once again - study the rental agreement for residential premises! Particularly noteworthy are those sections that relate to the procedure for paying rent and the conditions for early termination of the agreement.
According to the law, the owner of the apartment receives the right to early termination of the contract if the tenant does not pay rent for 2 months.
When a tenant does not pay for a rented apartment, he must first be notified in writing of his desire to terminate the contract early. In this case, this will be considered a unilateral termination of the contractual relationship.
If the tenants do not want to leave and have not vacated their housing within the time period established by the notice, they can go to court.
It is advisable to serve the notice in the presence of witnesses. Then, if the tenant refuses to receive it, witnesses will record this fact in writing.
When the tenant, after all the persuasion, refuses to vacate the apartment, he will have to prepare a lawsuit for forced eviction. And after the court decision, bailiffs and law enforcement agencies will come to the aid of the home owner.
To whom and how should you complain about your neighbor tenants?
Let us list the authorities and the list of persons to whom you can file a complaint or verbally complain about tenants who violate the rights of their neighbors.
You can contact:
- To the house committee or house manager. If a neighbor has violated the rules of public order for the first time, then these persons will be able to influence him with a conversation. But, if the case drags on and you have to go to court, then keep in mind that the house committee or manager does not always side with the victims. In order not to annoy the violating neighbor, they write good characteristics and may remain silent about violations that you reported earlier.
- To the owner. Find the contact details of the apartment owner and inform him about the behavior of the tenants. Explain in more detail what happened and ask them to evict them as quickly as possible. The owner will accommodate you halfway, especially if he does not have a signed lease agreement with the tenants, because you will have to pay a fine if you contact the Police.
- To the police station or directly to the local police officer . Thus, by writing a statement, you will be able to record the fact of your application and the fact of the violation by your neighbor. Of course, the act of the local police officer can play a huge role in court.
- To the Prosecutor's Office . If the local police officer “hushes up” the case and ignores your requests, feel free to write to law enforcement agencies. The prosecutor's office will have to conduct an investigation into your application. It is better to submit written statements and complaints everywhere in order to receive written answers.
- To the Administration. For example, you can file a complaint with local authorities if the owner is a municipality and it is not possible to resolve the issue with the tenant. Representatives of the administration can help you understand the situation and will redirect your request to the necessary authorities, which will be responsible for monitoring and checking your neighbor tenants for these violations.
- To court. Prepare a statement of claim, even if it is a collective one, from several neighbors, it will be accepted and considered. In this case, it will be necessary to confirm not only the fact of the violation, but also that the defendants actually live at the specified address and are tenants, and not guests of the apartment owner.
Remember: any word must be documented. If you don't have evidence, you are unlikely to win your case.
How to evict a tenant if there is no agreement
It often happens that people are allowed to live in an apartment without formalizing all relationships in writing. However, eviction of tenants without a contract is also possible.
In this situation, you need to act using traditional legal methods. How to competently evict tenants from an apartment without a contract?
The owner of the apartment has the right to completely calmly change the locks on the doors without warning anyone about it. You can invite representatives of the management company and the district police officer for this procedure, providing documents confirming ownership of the residential premises.
In the event that arrogant tenants take a defensive stand, it is also necessary to go to court with a claim for eviction. Unfortunately, the procedure is long, but there are no other options.
If there was no rental agreement for the apartment, then collecting the rent arrears will be very difficult, but possible. To do this, you need to order a certificate from the Chamber of Commerce and Industry about the average market cost of renting an apartment in your case.
It is, of course, possible to kick out insolent tenants using radical measures, throwing all their property onto the landing or into the yard, but this is already a scandal with all the ensuing consequences.
Some desperate homeowners write a statement to the police that unauthorized persons have entered the apartment. This method of getting rid of unscrupulous tenants also takes place.
Where to begin
The issue of eviction of tenants must be resolved with a correct assessment of the situation. In different circumstances, the actions will be different. The key question is whether there is a rental or rental agreement concluded with the residents. If there is no contract, eviction from the apartment will be faster and easier.
If there is an agreement, you need to pay attention to the following facts:
- whether the agreement has expired;
- what grounds for termination are indicated in the text;
- Are there any special individual conditions stipulated in the agreement regarding the eviction of tenants, which must be adhered to?
Important! The absence of an apartment rental agreement is convenient only in case of forced eviction. In other cases, you cannot do without it. For example, when it is necessary to recover damage caused to an apartment or to compensate for the losses of flooded neighbors below, the contract will become the central evidence in the case.
Is it possible to evict unscrupulous tenants in winter?
The question of whether it is possible to evict tenants in winter is often asked by landlords - owners of residential premises. Meanwhile, the time of year does not matter. Therefore, it is possible to kick out an indebted tenant in the winter on a general basis.
Another thing is that special clauses may be specified in the lease agreement. Then the eviction process becomes more complicated.
Some people are also interested in whether it is possible to evict tenants during the heating season? In some regions of Russia it starts in the fall and is pumped in the spring. There are no additional features here either. But, along with the rent debt, the tenant will have to additionally recover compensation for expenses for heat and other utility bills.
Can an apartment owner kick out tenants in winter if there is no contract? In this situation, the entire procedure is described above, and there are no amendments to calendar dates. It is only important to adhere to all legal norms in the event of a conflict with an unscrupulous tenant.
Tenancy agreement - guarantee obligations or stumbling block?
But if you have a rental agreement, you must act in accordance with the current laws of the Russian Federation. Since the document protects not only your rights, but also the rights of the tenants, you can only evict them in court.
Don't worry, the court will be on your side, since the law protects the rights of the owner more zealously than the rights of unwanted temporary residents. However, you will have to prove that the tenants are actually violating the obligations specified in the contract.
In order not to subsequently be tormented by the question of how to evict tenants occupied under a contract who do not pay through the court and, most importantly, how to confirm the fact of lack of payments, it is advisable to keep a special statement. In it you must enter the monthly amount received from tenants for living in your living space, indicate the date of payment and put the signatures of the parties (yours and the tenant). In this case, the statement will immediately show the overall picture.
The only disadvantage of official proceedings is that the tenants will live in your apartment for the entire period it takes to resolve the problem in court. That is, you will be able to evict them no earlier than you receive the appropriate court decision confirming your right to do so. This may take at least a month.
And success will depend largely on how correctly and competently the statement of claim was drawn up. Therefore, in this case, it would not be amiss to initially seek the help of a lawyer who will help you draw up the application correctly and tell you what documents and certificates you should worry about in advance to speed up the legal process in a particular case.
Is it allowed to evict a tenant with children?
There is also a standard procedure here, except in cases where the tenant and the child have registered in a rented apartment (which is not prohibited by law).
When concluding an agreement, stipulate in advance the conditions for the tenant’s child and other persons to live in the apartment, as well as the possibility of temporary registration.
In this case, it is advisable to consult a lawyer in St. Petersburg in order to avoid further complications. Legal advice can be provided in the office by appointment by calling the phone number listed on the website.
Grounds for eviction of tenants
Is it possible to evict tenants with the help of a district police officer
? You simply cannot unilaterally evict tenants. Any decision to evict must be justified and supported by arguments. The unauthorized eviction of tenants by the owner can be challenged, therefore, in order for the process to take place in a civilized manner, the owner of the property must prepare certain grounds for his decision, including:
- late payment of rent, late utility bills. If tenants miss payments for two months, the owner can demand eviction of the tenants;
- misuse of an apartment, creation of a warehouse, retail outlet, office;
- causing damage to other residents (neighbors) of the house, violation of their legal rights and interests;
- immoral behavior of the tenant and persons living with him;
- constant complaints from neighbors, disturbance of silence, repair work carried out at late hours of the day;
- rental of housing to third parties;
- emergency or dilapidated condition of rented housing.
- cluttering and destruction of housing, improper maintenance of the apartment, illegal and unauthorized redevelopment.
Tenants can restrict the owner’s access to the property by changing the locks, organize noisy parties in the apartment, remove valuables and furnishings, and violate sanitary standards and fire safety rules. Violation of at least one of these points is a legal basis for eviction of tenants.
What to do if tenants do not want to move out of the apartment and do not give up the keys
Naturally, it is first of all desirable to resolve the issue amicably, to come to an agreement with unscrupulous tenants, in order to convince the tenants to vacate their living space voluntarily.
Otherwise, written warnings will first follow with a requirement to vacate the living space.
In this case, it is worth having for yourself an act of delivery or non-delivery, notice of termination of the lease agreement, or a postal receipt with an inventory of the contents, confirming that it was sent to unscrupulous tenants.
It would also be useful to communicate with the local local police inspector. He has the right to conduct a preventive conversation with tenants.
If there is a written lease agreement, a lawsuit is filed in court for eviction. He is addressed to the court at the location of the rented apartment, which they do not want to vacate.
In the documents submitted to the district court, you should write about the lease agreement, indicate evidence of the debt, and also mention pre-trial ways to resolve the conflict.
Be sure to raise the issue in your lawsuit not only about eviction, but also about collecting the accumulated debt for rent and utility bills.
When the court decision comes into force, the next step will be to obtain a writ of execution. Even when the case is heard on appeal, it is issued by the trial court.
There can be two writs of execution: for the eviction itself and for collection of debts for all payments. In any case, you should contact the bailiffs for help in evicting impudent tenants from the apartment.
Eviction procedure from a legal point of view
The Civil Code of the Russian Federation regulates all stages of concluding and terminating a contract, as well as all other consequences of civil legal interactions and legal relations that arise from them. Renting residential premises is one of the types of civil legal relations, which is derived from an agreement concluded between the parties. Consequently, eviction of tenants is possible only after termination of a certain agreement.
Article 687 of the Civil Code of the Russian Federation states that it is possible to terminate an agreement:
- When residents express such a desire;
- When the property owner insists on this;
- Based on a court decision, if a conflict arises between participants in the process.
As a rule, a real estate lease agreement is signed for a period of up to one year, with further extension.
When the owner of the property asks to leave the living space within the period established by the agreement, the tenant is obliged to comply with this requirement.
However, it is possible to evict tenants from rental housing earlier than the period allotted in the agreement for a number of reasons:
- Housing, premises therein, as well as technical premises were not used for their intended purpose;
- Unfair use of property in the home, as well as repairs, which led to deterioration of conditions or damage to property;
- Unlawful actions against neighbors, violation of generally accepted rules of residence, damage to property shared with neighbors;
- Violation of the payment deadline for rented housing established in the agreement;
- Staying in a residential building can harm the life and health of the people who live in it (epidemic, disrepair, etc.).
To terminate the contract in case of non-payment of rental property, you must be guided by the term of the contract.
Based on this:
- For a long-term contract (more than 1 year), payment should not be made within 6 months;
- For a short-term contract (up to 1 year), a non-payment period of 2 months is sufficient.
The procedure for resolving a dispute begins from the moment the owner sends a written notice of complaint to tenants who do not pay. When the above deadlines arrive, residents must vacate the property.
Civil law contracts differ in that the parties to such an agreement, by mutual agreement, can establish various conditions, including those that serve as termination of legal relations ahead of schedule.
But keep in mind that conditions that are clearly aimed at infringing the rights of one of the parties to the agreement (for example, the lessor’s right to terminate the contract without warning at any time) are declared invalid by the court.
How to kick out tenants who don’t want to leave: instructions for the owner
So that the owner of a residential property, who is not experienced in legal subtleties, has an idea of how to evict tenants from a rental apartment, we will present a simple algorithm of actions.
Step 1. Notifying the tenant about the upcoming termination of the relationship
It is advisable to present it in person. In addition, you should also duplicate the appeal by registered mail. A list of the contents and a shipping receipt will be evidence of the fact of notification in court.
Step 2. Filing a claim in court
If the tenant of the apartment refuses to voluntarily vacate the premises, then a statement of claim for forced eviction is filed. It should indicate the details of the agreement, the period of existence of the debt, the results of pre-trial settlement of the dispute and other facts confirming your position.
If the case concerns St. Petersburg, then lawyers will take upon themselves the preparation of the claim and representation in court hearings.
The procedure for eviction through court
The need to evict tenants through the court arises if the text of the rental contract is in hand, but it is not possible to resolve the issue peacefully. Most often, the homeowner comes to solve the problem. You can evict after the decision to terminate the tenancy comes into force.
According to the law, the owner has three grounds for judicial termination:
- long-term non-payment of rent (if the contract is long-term - 6 months, if for a period of up to a year - 2 months);
- damage to residential premises by tenants;
- if the housing has become unsafe and it is no longer possible to live in it (a very rare reason).
The procedure for eviction is as follows:
- Prepare and send to the tenant a claim for termination of the contract and eviction from the apartment. You can hand it over personally against signature or send it by registered mail with notification.
- 30 days after delivery, you can submit documents to the court. To do this, you need to draw up and sign a statement of claim, attach evidence to it and submit it to the defendant’s place of residence. Since the defendant lives in the disputed apartment, the application can be submitted at the location of this housing.
- During the trial, support your position in person or with the help of a representative by notarized power of attorney.
- Receive a court decision to terminate the contract and vacate the apartment. It comes into force 30 days after adoption.
- If a citizen does not evict voluntarily, then obtain a writ of execution from the court. Along with the decision to hand it over to the bailiffs for enforcement.
- The bailiff will forcibly evict the tenant and vacate the apartment.
You can download the statement of claim for the court using this link.
The following evidence must be attached to the claim:
- the lease agreement itself with the transfer deed;
- payment documents (statements, receipts, inventories);
- complaint and response;
- extract about the apartment from the Unified State Register of Real Estate;
- receipt of payment of state duty.
Attention! Eviction through the courts can take several months, but today it is the only legal course of action if there is an agreement and the tenants refuse to vacate voluntarily.
Accommodation without registration
Tenants who do not officially register their rental housing are deprived of their rights and are obliged to comply with all agreements established verbally with the owner of the apartment. If there are no such agreements, tenants agree to follow the laws and codes.
In cases of dishonesty, when tenants do not pay for their stay in someone else’s apartment, the owners in any case lose something. Time for proceedings and money that is unlikely to be returned by residents.
Contacting authorities
In this situation, police officers are called upon to confirm the fact that the legislation of the Russian Federation is being violated on the territory of the apartment. In the future, this will help them act as witnesses during legal proceedings if necessary.
However, it is worth understanding that the owner will also benefit a little. Of course, it will be possible to evict people who do not pay for their accommodation. There are rare cases when residents returned and re-quarreled for their right to live in an apartment from which the police had escorted them out.
But when contacting the police, the owner will also suffer. In these cases, a fine is imposed for renting out housing without completing official documentation and without paying taxes, in other words, for gray earnings.
Obliging tenants to pay what they owe will also be difficult, because not a single document indicates how much and when they must pay, and also how many months they have not paid.
On the other hand, such a decision often becomes the only way out to say goodbye to tenants who do not fulfill their promises and general obligations. The fact that strangers live in the owner’s property is already grounds for their eviction.
Conclusion
The presence of a document gives rights to both parties to the financial relationship and obliges them to fulfill pre-agreed obligations. In the absence of documentation, tenants have absolutely no rights, and owners have no obligations to them, so eviction can occur for any reason at any time.
Communal apartment
The laws of the Russian Federation do not provide for any special features for residents of communal apartments. It is often possible to evict tenants from such apartments without consent as a result of a general appeal from all residents.
Quarrels often arise in communal apartments, and they have to be resolved either peacefully or at the same time looking for other housing. The owner has every right to evict a person if he interferes with neighbors, violates general rules, as well as orders and laws. The absence of a formalized lease agreement only simplifies this process.
