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.
What is the cost?
In the modern world, cost is a fundamental economic category, into which many experts attach different meanings. At the same time, their content is not distorted; there are only certain additions that indicate its functions in the modern market.
Cost is not a price; these two categories cannot be equated to each other, since they have absolutely different content. So, it should be understood that cost ≠ price. This is most important for understanding value as an economic indicator of the modern market.
Cost is the foundation of quantitative relationships when buying and selling objects between certain entities. When considering this definition, it is clear that cost is a certain basis for the relationships that arise when performing transactions with goods and services. The subjects in this case are the participants in the legal relations of purchase and sale, that is, they are understood as the seller and buyer of a certain product. The object can be a product or a service that is provided for a certain equivalent. As a rule, the equivalent is financial resources, that is, the company sells a certain product or service on the market, in return for which it receives income in the form of money. The opposite entity, which is the buyer, purchases a product or service for an agreed upon financial amount.
Thus, cost is a necessary indicator in carrying out financial transactions in the framework of the purchase and sale of certain goods.
It is important that the price on the market always varies depending on the economic situation. At the moment, economic theory has fully studied this economic category.
When studying value as an economic concept, it is necessary to take into account that value has significant differences from price. At the same time, in colloquial speech the population often confuses these two concepts, without having a full understanding of them.
Grounds for filing a claim
From the point of view of the law, on the part of the lessor, the basis for going to court will be clause 1 of Art. 15 of the Civil Code of the Russian Federation, which states that a person whose rights have been violated may demand compensation for losses caused to him. Moreover, according to clause 2 of the same article, losses mean:
- the costs that the plaintiff was forced to bear;
- damage caused to property;
- lost income.
Thus, in the case of unscrupulous tenants, the following may serve as grounds for initiating legal proceedings:
- debt for utility bills, which the apartment owner is forced to repay;
- damaged property;
- unpaid rent payment.
What is the difference between cost and price?
Almost the entire modern population in everyday life equates such two concepts of economics as value and price, without realizing their significant differences.
At the moment, there are many works by economics professors that clearly demonstrate the difference between these economic categories, which should be understood in order to fully work in the market. This knowledge can be useful to researchers, students, novice scientists, as well as people who plan to carry out their activities in the market. Special attention should be paid to these two economic categories of businessmen and entrepreneurs who already have or are just building their own business within the market. Specialists who decide to engage in trading on certain types of exchanges are also required to have the relevant knowledge.
Let's begin our consideration of these two economic categories with their definitions.
Price is a certain amount of financial resources that was set by the seller for one piece of goods. The price reflects a certain amount of money for which the seller is willing to sell his product to the public. Since the relationship between price and product always occurs individually, the price is set per item. Accordingly, the price is an indicator that is equated to a product or service in one copy.
Cost is the largest economic indicator, which consists of several criteria. So, the cost is a certain total amount of financial resources that was spent on the import of resources and the subsequent production of goods. It is worth noting that this definition is only applicable if a tangible product is considered. If the cost of a certain service is considered, its definition changes significantly. Thus, the cost of a certain service will be the number of hours that must be multiplied by the salary for 1 hour of work of the employee providing this service. Moreover, if the service requires some expenses, then this indicator is added to the price of all consumables that were spent in the process of providing the service.
The main difference that must be understood in order to smoothly distinguish between value and price is their different expression. Value and price are expressed in economics in completely different units.
The price is always expressed in some equivalent, that is, in a certain amount of financial resources within a particular currency. Without fail, the price is measured only in money. With cost, everything is much more complicated, since it is expressed in physical units, which, of course, can later be converted into financial assets in a certain currency. It turns out that value can also be expressed in money, but indirectly. It is directly expressed exclusively in physical units.
Thus, it is already clear from the definition that value is a more extensive and fundamental economic category, since it includes a number of characteristics that can change significantly due to some economic factors.
Rules for filing a claim
Attention. Disputes arising between individuals are subject to consideration by the district court.
If problems arise with tenants, the plaintiff should file a claim in court located at the defendant’s place of residence (Article 28 of the Code of Civil Procedure of the Russian Federation).
If he does not have such information or the tenant who has moved out does not have a permanent place of residence, then you need to go to court (Clause 1 of Article 29 of the Code of Civil Procedure of the Russian Federation):
- at the location of the defendant’s property;
- at the offender's last known place of residence.
The procedure for filing a claim is described in detail in Art. 131 Code of Civil Procedure of the Russian Federation. Its content should include the following points:
- name of the judicial authority;
- details of the plaintiff (full name and place of residence);
- information about the defendant (full name, date and place of birth, information about the workplace, passport details, etc.);
- the essence of the violation committed by the tenant, as well as the requirements put forward by the owner of the apartment;
- evidence of the fact that the defendant violated the rights and interests of the plaintiff;
- the cost of the claim, including a detailed calculation of the amounts to be recovered;
- information about the actions that were taken to resolve the issue peacefully;
- list of applications.
Attention. It is better to entrust the preparation of a claim to an experienced lawyer.
This will eliminate possible errors and inaccuracies, since the success of the entire business largely depends on the content and logic of presentation of this document.
Example of cost and price?
To fully understand the difference between cost and price, and also to see how the economic indicators of these large categories can vary depending on the attitude towards the product and service, it is necessary to consider the following examples:
- Example of price and cost for a product. In store X you can buy a package of salt for 30 rubles, but in store Y across the road a package of salt from the same company costs 15 rubles. The salt manufacturer independently purchased resources, brought them to the enterprise, where the salt was produced by machines and specialists, and then unpacked into packages. After completing all the operations, he calculated the cost of the goods, which is equal to 10 rubles. On top he added 2 rubles, which is a certain percentage markup on the product, in order to get the greatest benefit during the wholesale purchase process. Thus, at this stage, salt costs 12 rubles. Next, the goods were delivered to the store for sale, the owners of which independently decide the percentage of the retail markup for the most profitable sale of the goods among the population. Thus, the owner of store Y added 3 rubles to the manufacturer’s price, after which he began to sell the product to the population at a price of 15 rubles. For the same salt, store owner X added 18 rubles of his own markup.
- Example of price and cost for a service. The price for eyebrow architecture service is 1000 rubles. Moreover, the cost of this service includes materials that are consumed in the process of the master’s work. They cost 600 rubles. To this amount is added the payment for the work of the master, who spends about 1 hour on the entire procedure. It turns out that an hour of work by a master costs 400 rubles. If the master works in a salon and not independently, then payment for services is formed within the framework of the requirements of this salon. That is, the salon owner has the right to create his own markup on services so that a percentage of the masters’ profits goes to the organization.
Thus, using standard everyday examples that are known to absolutely every modern person of different ages, we showed what the difference between cost and price is. We saw that these two economic categories can be called part of one whole mechanism. However, they cannot be equated to each other, which is why researchers in the field of economics are still of the opinion that it is necessary to distinguish between them. At the same time, you should never forget that cost and price are inextricably linked with each other.
This knowledge will help citizens improve their financial literacy and gain new knowledge, which they may later have to put into practice. Knowledge about value and price is now being developed in school, as there is a trend around the world to increase financial literacy among the entire population.
Obstacles and ways to overcome them
There are some conditions under which immediate termination of the agreement may not be possible . In these cases, residents can only be evicted by giving them a certain period of time to find another place to live.
Family with children
Does an apartment owner have the right to kick out tenants with small children? Homeowners are reluctant to rent out their apartments to families with children , since their eviction, in case of any violation of the terms of the agreement, has obstacles .
If there are no written agreements , then, as noted earlier, eviction will not be a problem. The timing of eviction depends on the desire of the owner; he can issue them immediately or give a period for selecting a new apartment.
If the residence is supported by a drawn up contract, then the court takes into account the interests of minors and clearly gives the tenant a delay to vacate the premises .
To avoid problems with eviction, it is advisable to specify the time for postponing move-in in advance in the contract.
If you issue temporary registration , do not allow a child to register in your living space.
The guardianship authorities may subsequently not allow you to remove the minor from your living space!
Eviction in winter
Is it possible to evict tenants during the heating season in winter? You want to evict tenants living under a contract and violating its individual clauses, but this happens in the winter .
Therefore, when drawing up the document, provide for a notice period for eviction (from 1 to 3 months). If such a point exists, eviction occurs according to established rules, regardless of the time of year.
However, even if there is no such clause in the document, you can evict tenants even in winter, since this is not prohibited by law. All references to the coldness of tenants are illegal and cannot be an obstacle to eviction.
Availability of temporary registration
Registration of temporary registration is an additional source of income for owners of vacant housing. impossible to evict them before the end of its term , even if there are significant violations of the agreement on their part.
You can only achieve termination of a contract with the help of a court, if there is strong evidence of violations .
Purchase and acquisition value?
The term purchase or acquisition cost is very important for the work of accountants who control the supply of necessary goods and resources for their production.
So, the purchase price is the cost of selling certain products without taking into account value added tax, which is mandatory when selling a product on the market. If there are necessary expenses for transport organizations that deliver certain purchased products, then expenses for them can be included in the purchase price.
This term has a synonym “discount price”; it is used most often.
The formation and all criteria of the purchase price are determined by the provisions of the following documents:
- PBU 5/01 “Inventory accounting”.
- PBU 6/01 “Accounting for fixed assets”.
These papers contain regulations by which the purchase price is calculated. Thus, the purchase price of a product may, if necessary, include the following criteria:
- The price at which the product is purchased.
- Fees and duties required to be paid when transporting purchased goods from other countries.
- Taxes associated with the acquisition of an object that will not subsequently be reimbursed. As a rule, this article includes excise taxes and VAT.
- Expenses on information services related to purchases of the property.
- Expenses to pay for the services of companies that acted as intermediaries in the process of purchasing a particular product.
- Expenses on transport services, insurance of necessary goods.
- Overpayment on loans if they were taken out to purchase an object.
- Expenses that were spent on bringing the object to the required condition for subsequent sale on the market.
- Transportation costs, which include loading, weighing and storage of purchased items.
- Other expenses that are necessary for the delivery and purchase of the object.
It is worth noting that the purchase price is not adjusted. As a rule, adjustments can only occur in cases where this is regulated by regulations.
Required documents
In addition to the statement of claim, when going to court you will also need to collect a whole package of documents. Their list is given in Art. 132 Code of Civil Procedure of the Russian Federation. This includes the following:
- receipt of payment of state duty;
- the identity card of the applicant or a power of attorney issued to a person speaking in court on behalf of the plaintiff;
- documentary evidence of violations committed by the tenant;
- a detailed calculation of the amounts to be recovered with the signature of the plaintiff and his representative;
- papers confirming that the claim and attachments have been sent to all participants in the trial (for example, this may be a notice of delivery);
- documents that show what steps the parties (or one party) took to resolve the problem peacefully.
Formula for calculating prices in the state?
Cost is the largest economic indicator, which consists of several criteria. Thus, cost is a certain total amount of financial resources that was spent on the import of resources and the subsequent production of goods. It is worth noting that this definition is only applicable if a tangible product is considered. If the cost of a certain service is considered, its definition changes significantly. Thus, the cost of a certain service will be the number of hours that must be multiplied by the salary for 1 hour of work of the employee providing this service. Moreover, if the service requires some expenses, then the price of all consumables that were spent in the process of providing the service is added to this indicator.
As a rule, the state has its own pricing method, which helps it achieve full balance in the economy, when all prices are approximately correlated with each other according to certain criteria.
Within the market, it is imperative to determine the cost of a particular product, since the law does not regulate it at the required level. The efficiency of selling goods and services on the market among the population significantly depends on this, which directly affects the economic efficiency of the company that produces and subsequently offers products.
Each state has several methods that help it regulate prices in some way so that a continuous balance of supply and demand is maintained, necessary to advance the economic situation and maintain competitiveness in the market.
Cost is one of the most important economic categories that requires a lot of time and attention. That is why the methods that are created to form the cost of goods and services are selected the most effective, since demand, and therefore the subsequent sale of the product, depends on this.
The cost is necessary in order to make this or that object, which is produced for sale, competitive in the market among other similar organizations dealing with any related products. Cost also helps to correctly calculate sales turnover and predict in advance the profit that can be received during the competent sale of goods.
Moreover, the cost of goods significantly affects the company's reputation in the market. Thus, correctly selected pricing methods guarantee the company competitiveness and stability in the market, which absolutely every entrepreneur strives for.
There are several factors that can significantly influence the final cost of the product:
- The audience among whom a particular product is sold.
- The number of competitors that sell the same or related products.
- The percentage of taxation that is set by the regions and the state.
Pricing methods have their own goals:
- Full coverage of the cost of the necessary materials and resources that were spent on the production and subsequent sale of the product on the market.
- Maintaining a constant level of profit that will meet the company's requirements.
- Attracting a new target audience who wants to periodically purchase certain products from the company.
- Maintaining the stability of the company in the market.
- Maintaining competitiveness among other organizations selling their goods and services.
Pricing has its own mechanism, the formation of which takes quite a long time. There are several stages of pricing:
- Setting company objectives. At the first stage, it is always necessary to highlight those tasks that must be completed to establish a stable level of the company in the market.
- Collection of information about the demand for a product or service that will be provided by the company. At the second stage, it is worth determining the category to which the product sold by the organization belongs. Next, it will be necessary to identify interests among the target audience that the manufacturer is counting on. Special attention should be paid to those companies that consumers previously preferred. At the same time, it is necessary to consider the changing needs of the population, as well as interests, which may depend on both internal and external factors.
- Analysis of the financial costs that will be used to cover delivery, purchase of resources and subsequent production of the necessary goods. It is necessary to think in advance about all possible items that will have to be spent on during the production process. It is necessary to determine the minimum level that will periodically be spent to cover these expenses.
Pricing methods together represent a single mechanism in which each criterion is important. Before opening an enterprise and producing a product, it is necessary to decide in advance on the direction and product, as well as calculate all possible steps and pay attention to mistakes that competing companies might have made.
You should collect in advance the necessary data about competitors who have a stable level of earnings in the market and are in great demand among the audience.
Great attention should be paid to the location of the outlet in the market. As a rule, it should be located in a crowded place where there will be the greatest demand for a particular product.
For modern entrepreneurs, life has been simplified by special electronic services that make it possible to analyze and monitor the indicators necessary for the company. With the help of such programs, you can intelligently create a pricing mechanism that will be most suitable for the organization.
As a rule, absolutely every company has its own mechanisms; they may differ in some criteria, but in most cases they remain standard for all.
How to avoid non-payment
It is natural to pay as much attention as possible to the personal characteristics of friends who decide to live in your apartment. Do not hesitate to invite them to conclude a formal rental agreement with clearly defined conditions that will protect both the interests of the owner and the interests of the tenant. In cases where it is clear that you are being taken advantage of, you must immediately offer to vacate the apartment.
Let's assume that your friends unlimitedly use public services, damage property, if you receive complaints from neighbors about noise and ultimately offer to write a receipt for receiving any funds for the inconvenience, you must clearly understand that the next step will be blackmail.
Rising prices for goods and services: what is inflation?
The economic situation of the world periodically goes through several stages of its own cycle. Each of them has its own criteria and characteristics relating to the market.
At the moment, we notice an increase in prices for goods and services without an improvement in their quality. This situation in the world in modern economics is called inflation.
Statistics show that for 2021, on a scale from 0 to 25, the Russian economy had an average level of inflation, namely, it had indicators from 4 to 7 points.
So, inflation is the depreciation of financial assets, manifested in the form of an increase in prices for goods and services, without an increase in their quality. At the moment, inflation has affected almost all countries of the world. Every year the inflation rate increases. So, as an example, we can cite the period of the existence of the USSR, when for the price of a modern smartphone or laptop you could buy a car or housing. Thus, inflation is different in that the same amount of financial resources after a certain period of time can purchase much fewer goods and services than before. It is this situation that will reflect the process of a significant decrease in purchasing power, that is, the depreciation of financial assets in the world. Depreciation of financial assets refers to the loss of money of a certain part of its real value.
Due to the fact that at the moment in Russia the form of the economy is market, inflation is expressed openly, that is, there is a significant increase in prices for objects. In other forms of the economy, when the state directly intervenes in it, the depreciation of financial assets may be suppressed, that is, prices may remain at the same level, but a shortage of goods appears. This situation was also known in the USSR.
It is worth noting that inflation is a rather long-term process, which is particularly stable and sustainable. That is why it should not be confused with a one-time price increase, which most often occurs due to certain political situations or changes in the financial system.
Despite the fact that inflation is a global and stable process, prices will not increase for all goods. The cost of certain objects may even decrease or remain at the same level. As a rule, it depends on the needs and interests of the population in this product.
Do not forget that in the economy there is also a phenomenon in which the prices of goods decrease - deflation. In most cases, deflation directly depends on the season, when the needs and interests of the population among whom the objects of sale are sold change. As a rule, this process does not last a long period of time.
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.
How much does it cost to buy an apartment?
Due to the fact that the world is currently experiencing an active process of inflation, there is a significant increase in prices for all objects that are in maximum demand among the population. In this case, apartments are no exception. Absolutely every person needs to have their own home, which is why he will strive for the most profitable purchase of an apartment.
Buying real estate is a very profitable investment, but expensive because it will be necessary to spend a decent amount of financial resources, which not every citizen has.
Statistics show that over the past year the cost of an apartment in a newly built building has almost equaled the cost of secondary housing. So, prices for a one-room apartment in a new building in Moscow vary significantly: from 5,157,140 rubles to 22,584,800 rubles per apartment.
Prices for secondary housing range from 5,300,000 to 24,000,000 rubles per apartment.
Almost all statistics that reflect the increase in the cost of an apartment in certain cities can be found freely available on the Internet. Most charts are based on the cost per square meter of real estate.
The graphs show minor jumps in changes in home sales prices, but mostly price increases dominate.
Every year, real estate prices increase, which is associated with the financial and economic situation both in the country and in the world. That is why it is necessary to purchase an apartment now, if possible, since real estate prices will not fall. Experts say that the forecast will not change in the near future: the cost of real estate will continue to grow monthly.
Due to the fact that the coronavirus pandemic is currently unfolding in the world, in 2020-2021 there was a decrease in the interest rate on loans, which led to a significant increase in the cost of real estate. This is due to the fact that sellers inflate the price of housing because they do not want to lose possible financial resources.
Real estate prices vary depending on various factors that can characterize both our country and the world as a whole:
- Weakening of the ruble.
- World pandemic associated with coronavirus.
These two factors increased the price of building materials necessary for the construction of real estate. At the same time, there is a significant shortage of construction specialists, since there are a number of bans on the entry of people from abroad. Anti-Covid measures have forced many developers to suffer significant losses and go into debt due to the constant postponement of the commissioning of real estate. This provoked a rise in prices to cover losses.
There are also other factors that can significantly affect the cost of an apartment:
- The floor where the apartment is located. As a rule, cheaper but poorly sold apartments are those located on the first and last floors of the house. On the ground floor below the apartment there is a basement, which can cause problems with humidity, odors and insects. At the same time, at the moment, on the first floors, people have to share a common wall with cafes, clubs, and beer bars. You can often hear noise from the intercom door. Residents are not satisfied with the last floor of the house due to roof leaks, which may be associated with precipitation.
- View from the window. This criterion cannot be changed, which is why it significantly affects the cost. As a rule, houses with windows overlooking attractions and beautiful places have the highest cost of apartments.
- Location of the apartment in the house. If the apartment's windows face south, it will be sunny and retain heat. Such an apartment will be much more expensive than one whose windows face north, since it will be colder, despite the heating.
- Condition of electrical wiring and plumbing. If the house has recently been renovated, the apartments in it will cost much more. If the apartment is equipped with the necessary meters, then its prices increase.
- Condition of housing. These criteria include various features relating to the location of the apartment, furniture, plumbing, electrical wiring, and the presence of everything necessary for housing.
- Layout and possibility of redevelopment. Of course, an apartment with the most successful layout will cost much more than the one in which redevelopment is necessary for a comfortable and adequate life. As a rule, in the latter case, sellers can make a good discount on the apartment.
- Infrastructure condition. Real estate next to which there are all the necessary facilities for life, that is, a shopping center, shops, metro stations, public transport stops, schools, kindergartens, fitness centers, will cost much more. This criterion also evaluates the congestion of the area where the house is located. It is necessary to assess the condition of the roads, whether traffic jams often form there, making travel difficult. Adequate infrastructure is one where the necessary facilities are located near the house and can be reached on foot in about 10-15 minutes. The undeveloped infrastructure of the area is a reason for discounts on apartments.
- Public facilities that are located near the house. The basis of this criterion is the environment and extraneous noise. As a rule, industries, airports and railway tracks, which may be located near the house, can disturb the environment and create constant or periodic noise.
- Legal nuances. The price of an apartment may be significantly reduced due to the clarification of some legal nuances that may complicate the procedure for buying and selling real estate. These nuances include the presence of owners who are under 18 years of age at the time of sale, since in this case the purchase procedure will be delayed. Guardianship authorities will participate in the transaction. A lengthy purchase procedure can also be caused by a counter-purchase of real estate, when the seller can register the real estate in exchange for a sale.
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.
Prices for goods in M.Video?
M.Video is currently one of the large companies that sells equipment to the population.
M.Video is a public joint stock company, a federal trading network that sells electronics and technical devices.
The organization has enormous performance. Thus, statistics for 2020 show that this company was the leader in the Russian Federation in terms of the volume of goods sold via the Internet.
The company has been on the market since 1993. Since then, it has received enormous development and expanded to the federal level.
Prices for equipment in these stores are standard and quite affordable for the average citizen of Russia. The organization sells to the population a lot of household appliances that every person needs.
Prices in stores are practically no different from prices for equipment in other retail outlets in Russia. Almost constantly, the company pleases its customers with large discounts on household appliances, which can actually be purchased at a reduced cost, unlike products from their competitors. Moreover, stores provide a profitable bonus program, according to which regular customers receive double discounts, which make it possible to significantly save money.
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:
- 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 .
- We describe the essence of the problem in detail.
- We put a date and signature.
- 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.
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.
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:
- We write on A4 sheet format, or print out a ready-made standard form.
- In the left-right corner we indicate “To” (tenant’s full name, address) and below “From” (your full name and address).
- A little lower, by .
- 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).
- 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.
- We indicate by what date they must leave the premises (date), and write down the address of the apartment in full.
- Next, we instruct the tenants to remove all their belongings and hand over a set of keys to you personally.
- 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).
- We put the date of preparation of the document and your signature.
- 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:
- In the upper right corner - the name of the court, your full name, full name of the defendant and full address.
- By .
- We write the appeal: “I, (full name) am the owner of the residential premises...” (indicate the address, including region, city, district).
- Date of conclusion of the contract and for what period it was concluded.
- We explain in detail the reasons for eviction.
- 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).
- 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.
How much do medications cost at Apteka.ru?
Apteka.ru is currently the most popular pharmaceutical company that sells pharmacy products to the population. Its main advantage is that in this pharmacy the order is made remotely via the Internet. You can purchase the necessary medications either through the official website apteka.ru or by installing the application on your smartphone.
It is worth noting that the prices on this platform are a little high, which is most likely due to the costs of subsequent delivery of products to the nearest pharmacy, where it will be more convenient for a person to pick up his order. The same drugs and products can be bought a little cheaper in regular pharmacies. But, it is worth noting that on this platform there is a huge selection of necessary drugs and pharmaceutical cosmetics. As a rule, a standard pharmacy cannot provide such a selection of analogue drugs, since it is not profitable for it to spend money on transporting the drugs. When choosing analog products on apteka.ru, you can significantly save money, which is undoubtedly a huge plus for every person.
What to do when there is no agreement?
Or talk to the tenants, and they will voluntarily vacate the apartment. Or resolve the issue with the help of the police. In particularly difficult cases (when the tenants do not contact you or behave extremely aggressively with you, do not want to move out and do not want to pay either), it is worth going to court.
Evicting unscrupulous tenants is not an easy process. Especially if you had to resort to court. If this happens to you, be patient and do not take illegal actions .
After all, if there were no violations on your part, the court will certainly resolve the situation in your favor. And remember that in any matter you can always count on the assistance and competent assistance of a highly qualified lawyer.
How does Apple set prices for iPhones?
Apple has its own strategy for setting product prices. Thus, the following factors influence the price of a smartphone:
- Smartphone production. These criteria include the costs of components and labor.
- Company profit. This criterion includes expenses for the development of a new smartphone and software installation.
- Packaging and subsequent delivery of smartphones. For example, if a person ordered delivery of a smartphone from China, then it will cost him a little less than buying the same smartphone in an official store in Russia. In the latter case, the organization spends a lot of money on transporting products.
- Advertising. Apple spends huge amounts of money on its advertising strategy, which is reflected in the cost of the smartphone.
- Markups and value added tax.
Thus, these criteria significantly influence the price that is finally set for Apple smartphones. The rise in prices for smartphones is due to the fact that every year the cost of the above indicators increases, which leads to an increase in product prices.
What to do after the court's decision?
Important. After the judge makes a final decision, the plaintiff can legally demand compensation from the defendant for damages caused (utility bills, rent, etc.).
If the former tenant continues to evade responsibility, then enforcement proceedings can be initiated. In this case, the process of collecting amounts established by the court will be handled by representatives of the FSSP. By law, they can use a fairly wide range of measures to influence debtors, for example:
- seizure of current accounts;
- restriction in driving;
- writing off the necessary amounts from the income received by the defendant, etc.
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.
If the owner allowed tenants into the apartment without an agreement
Situations are also possible when a kind, naive owner of an apartment rented it out without signing any agreement. What should a landlord do when the tenants have no intention of moving out?
You can offer him four ways to solve this problem.
- The first involves changing the locks on the front door. It is advisable to carry out this procedure in the presence of a district police officer or other representative of the criminal code, having with you, accordingly, identification documents and also confirming the right to own a living space. This is a rough but working method.
- The second is somewhat similar to the first, namely, the owner of the apartment puts all the tenants’ belongings (suitcases, clothes, mugs, etc.) on the landing. However, it is worth understanding that this may lead to a scandal with all the ensuing consequences.
- The third method has already been indicated in the paragraph above: file an eviction lawsuit in court.
- The fourth solution to the problem of evicting unscrupulous tenants is suitable for more desperate apartment owners: the owners write a statement to the police about the fact that strangers have entered their house. This option is also possible.
In order not to move out of the apartment even after legal proceedings, unscrupulous tenants may mention some external factors that interfere with the move. You can find out about the two most popular excuses and what to do in this case below.
- The first, and most popular among shifty tenants, is the cold season outside, which, in turn, is an unfavorable factor for living and being outside.
- In addition, many are interested in the possibility of eviction during the heating season (in the vast majority of regions of our country it begins in the fall and ends only in the spring).
If the above conditions are specified in the lease agreement, then questions may arise, and the owners will again have to file a claim in court. If the presence of such features is not indicated in the document, then the owner can safely kick the tenants out the door, simultaneously collecting compensation for expenses for heat and other utilities. In order to stay longer in the premises, tenants can throw out the argument that a child lives with them. In this case, there is also a standard procedure here, with the exception of those scenarios where the tenant has registered for registration in this apartment (which is not prohibited by law). Under such circumstances, it is better to consult a specialist in order to avoid negative consequences and complications.
Problems may also arise with tenants renting a room or several. In this case, the eviction algorithm is the same as for those who rent the apartment outright.