Today, many people rent out their homes. This is extremely convenient for both the copyright holder and the tenant. In order for both parties to be satisfied, they need to comply with the agreed conditions and rules. Sometimes an apartment owner faces a problem when tenants do not pay rent. Of course, it is extremely unsightly and dishonest for tenants to do this, but such cases are not uncommon. What to do if tenants don't pay? Where to go and complain? Know that the law is on your side.
First of all, it is necessary to try to resolve the conflict peacefully. Try to come to an amicable agreement without resorting to threats and scandals. Listen, understand the difficulties, if any. First, you need to give time for people to solve their problems. What time period to choose is up to you. It is only recommended not to delay it, otherwise the unfavorable situation may continue for a long time. When it becomes clear that the tenants do not want to pay and are not moving out, it is time to take effective measures. What should you know? How to do the right thing without going beyond the law?
Reasons for eviction
A property owner may be guided by several laws that provide for liability for failure to comply with the order. Tenants must vacate the apartment within the period specified in the relevant notice if the following situations occur.
Unspecified housing use option
If the tenant uses the living space not for his own residence, but for the purpose of obtaining personal financial gain, then the owner has the right to demand eviction. It is absolutely unacceptable to re-rent a rented apartment to third parties. This is an illegal action for which certain liability is provided.
Damage to property
For a specified amount of time, the tenant has the right to use those things that are in the rented housing: refrigerator, TV, washing machine, etc. If, in addition to a persistent reluctance to leave the place of residence, the tenant has also damaged part of the owner’s property, then the latter has the right to insist on immediate eviction. In addition to this action, the tenant is obliged to pay monetary compensation for damage caused.
Disruption of order
Sometimes neighbors begin to complain to the owner that the tenant is behaving inappropriately. In the event of a systematic violation of public order, appropriate measures may be taken against the tenant. The tenant will not be able to prove his non-involvement in any way if the facts testify against him.
Non-payment of rent
This is a very serious reason that cannot be ignored. If the tenant does not pay the agreed amount, then any complaints about the fact that he does not have the means to rent should not be misleading. Each person, when moving into someone else's apartment, assumes certain obligations. Manipulating one's own failures and appealing to pity is an unacceptable method of retaining the right to use housing. After all, the owner should not allow a stranger (not a relative) into his apartment for free. Such actions are considered a violation by law and can be used as grounds for forced eviction.
Rental by agreement
Usually, when renting real estate, an appropriate agreement is drawn up between persons who are not related to each other by blood and are strangers. This document clearly states all the rights and obligations of both parties, as well as possible consequences in case of violation of the contract.
Renting under a contract is the best way to avoid unpleasant and unexpected situations. If the tenant does not pay for the daily use of the housing, the owner must first warn him about his further actions, and only then seek forced eviction through the court.
You can’t just kick a person out of an apartment, especially in a short time. It should be understood that the conclusion of an agreement is a legal act that protects both the interests of the owner and the tenant. Usually the law provides at least two months for a person to find another option, pay off debts in the same place and move out. During this time, the owner cannot independently expel from the apartment anyone who does not maintain order.
From the moment the contract is signed, it is advisable to collect all the necessary documentation confirming the fact of systematic non-payment of rent. Such a violation is a valid reason for its termination. Once you have the relevant papers in hand, it will become much easier to prove your case in court; you won’t need to wait for two months.
Contractual relationship
By concluding an official lease agreement, state-legal relations will be regulated, but this does not save you from all the “pitfalls” that are possible in the process of leasing real estate.
Important
It is always recommended not to neglect the advice of a lawyer, both before the conclusion of the contract and in cases of complications.
The agreement between the tenant and the landlord regulates most controversial issues and documents sanctions, fines, even forced eviction. However, the agreement protects not only the interests of the landlord, but also the interests of the tenants, so it is necessary to familiarize yourself with the contract options in advance, set out your requirements and document them.
In particular, the tenant must be temporarily registered in the occupied space. Of course, temporary registration serves as another way to generate income. Based on the above, you need to be as attentive as possible to the persons to whom you rent out living space and register them on it. It will be more than problematic to evict them before the end of the registration period.
Attention
In the case provided for by the contract, and upon receipt of a refusal to pay for housing or other violations that will be described below, it is possible to evict a resident only through the court! In no case should you force residents out the door, use force, change door locks, or break into the premises.
When moving in parents with minor children and persons with limited liability, one should not forget that in the event of a violation of contractual relations, the court will primarily protect the interests of these categories of the population and will provide a period for finding new housing, usually this time is about two months . Accordingly, you should avoid concluding contracts, or specifically stipulate these issues in separate clauses that stipulate the timing of eviction. You should not register children and persons of limited responsibility in your living space, since guardianship authorities will not allow actions that infringe on these categories, and there have been cases when minor tenants were discharged only after they came of age.
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Also, do not forget that the person leasing the premises becomes a private entrepreneur and pays from the tax received from the transaction.
We recommend that you consider standard contract clauses that allow you to terminate it before expiration.
- Refusal and failure to comply with the terms of payment for housing is included in the contract as a condition of termination, followed by eviction. In order to prove in court the absence of receipts under this article, it is possible to stipulate the transfer of funds through post offices, or to a bank card, if the bank provides an account statement service. For a positive court decision, the maximum number of documents confirming the absence of payments is required.
- Noise, flooding, hooliganism, creating uncomfortable living conditions for residents of other apartments in an apartment building. With this question, ask your neighbors directly for confirmation, or you can also contact an organization that has the right to draw up documents to bring citizens to administrative responsibility. Penalties are small, but are an additional incentive for a positive decision by the judicial authorities. They can serve to initiate the immediate removal of unscrupulous tenants, which is guaranteed by the signed clause of the contract.
- Timely payment of utility bills, as well as payments for actually consumed heat, water, gas, and electricity according to the data of installed meters, is also stipulated in writing. You receive confirmation from a certificate from service organizations or the housing office.
- An annex to the contract is an inventory of appliances, furniture, and structural elements of the residential premises, which are provided for the use of tenants. The sanctions that apply in case of damage are clearly stated. This could be monetary compensation, repair work at the expense of the employer, and more.
- If the tenant does not occupy the entire apartment, or uses common areas, then these points can also be discussed. In this case, it is necessary to take into account the opinion of residents who also apply for these premises and take these points into account in the contract.
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If a situation arises where any of the listed clauses of the contract are not fulfilled, it is necessary to immediately notify the tenants in writing, in two copies, which must be signed by each. We suggest inviting two witnesses to the meeting, who, in case of refusal, will certify the documents with their signatures. In their presence, it is necessary to familiarize the tenant with the reasons described in documents.
Rent without contract
If the contract has not been drawn up, then it becomes more difficult to prove something. Usually, an apartment is rented to close and distant relatives without a contract, verbally agreeing on all the nuances of living. For many, this circumstance is a guarantee of decency, which is not always true.
However, it happens that people are in a hurry and want to let their tenants in as quickly as possible. In this case, it becomes difficult to insist that strangers make payments on time and, if necessary, move out on demand. But here, too, there are effective methods of eviction. The fact is that if there is no agreement, it is difficult to force tenants to pay. According to the documents, they are simply not listed in the specified area. How to evict tenants if there are problems with the tenants?
If you do not have the necessary documents, you will have to act differently. It is best to try to come to an agreement among yourself peacefully, without resorting to harsh methods. If no amount of persuasion helps, you can even take extreme measures - call the police, having first informed law enforcement officers that there are strangers on your property. These citizens will simply be obliged to move out in any case, since they will not be able to prove in any way the fact of their presence in the specified living space.
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.
What to do if you refuse to pay for your stay or are evicted
As stated earlier, we are preparing a set of documents for filing a claim.
- We prepare all available personal data of the employer obtained when drawing up the rental agreement.
- We provide the text of the signed agreement.
- We enclose documents and statements of witnesses regarding the violated clauses of the contract.
- We note the need for compensation for spent and unpaid funds under the contract, indicate the amount of compensation and the desired time frame for receiving it.
- Since the state fee (approximately two hundred rubles) is paid from the applicant’s funds, we indicate the need for compensation.
- We indicate in the application the requirement to receive timely payment for housing during the actual proceedings.
- We indicate the need for eviction as soon as possible after the court decision.
