Notice, demand, warning about eviction from an apartment or residential premises

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Termination of the right to use residential premises means the eviction of a person from the apartment he occupies. Most often, the resettlement procedure is initiated through the court. After completion of the trial, the tenant is notified to vacate the premises. There is also a warning to the tenant and a requirement to vacate the living space. What to do if the tenant ignores all letters? Feel free to file a claim for eviction from the apartment.

It's time to talk about the rules for drawing up and submitting a notice. Let's begin our consideration with the grounds for evicting a tenant.

Reasons for eviction

According to the law, a person has the right to housing - as evidenced by Art. 40 of the Constitution of the Russian Federation. But often residents lose the right to live in residential premises. There is a need to evict them. Of course, we need grounds that give the right to tell the tenant to pack his things and move out of the apartment.

What reasons lead to eviction from a residential premises:

1. Failure to make rent payments under a rental agreement.
2. Use of the apartment for other than its intended purpose (creation of a warehouse, shelter, catering outlet, etc.).
3. Emergency condition of a residential property.
4. Carrying out major repairs to the house in which the living space is located.
5. Transfer of ownership to a new owner (sale, donation, inheritance of an apartment).
6. Changing the purpose of residential premises (conversion into an office or retail pavilion).
7. Other reasons.

to simply kick a person out of an apartment . The owner of the premises or the administration must have evidence of the validity of their decision. For example, a court order, a signed act of transfer of an object, an approved Regulation, an order from the Administration, etc.

Even if the eviction is justified, tenants must receive notice. Homeowners are often forced to warn negligent tenants. Evacuation without notice is an arbitrariness that can be appealed in court.

Compilation rules

The law does not approve certain forms of notification.

It can also be made orally, but then the plaintiff will not have evidence for the court that all steps of the procedure have been followed.

If the property owner is a legal entity, the notice must be printed on the organization's official letterhead.

In the upper right corner, information about the resident is indicated, followed by the reason why the citizen must leave the occupied living space. Articles of the law must be provided in accordance with which the procedure can be carried out.

It is mandatory that information about the property, its full address and size of area be fully recorded.

Privatized housing

Difficulties may arise with the eviction of citizens from privatized housing. If the building in which the apartment is located is classified as unsafe and subject to demolition, the residents must be provided with another apartment.

If the reason is non-payment of the mortgage, the bank has the right to seize the mortgaged property and sell it at auction.

Dormitory

You can be evicted from public housing for the following reasons:

1. If the housing is used by a citizen for other purposes.
2. There is deliberate damage to the living space on the part of the residents.

If the dormitory is subject to demolition, the owners must be provided with other comfortable housing, which is issued on the basis of square meters per person.

Municipal apartment

Citizens live in municipal housing under a social tenancy agreement. Eviction in this case deprives them of the opportunity to use this premises. Many difficulties arise with the implementation of this procedure from such apartments. Most often, certain categories of citizens have the right to live in municipal housing. These could be disabled people or veterans. They belong to socially vulnerable segments of the population, and therefore the eviction process, even through the courts, is not always successful.

The most common reasons for deprivation of the right to live in residential real estate are debts for utility services. During legal proceedings, valid reasons for non-payment, for which this procedure can be canceled, are illness, long business trips, death of a loved one, non-payment of wages.

When evicting from municipal housing, citizens are provided with another, but smaller square footage.

If a citizen lives in official housing, then the first reason for deprivation of rights to it will be the termination of the employment contract with the employer.

Notice, demand, warning - difference

Even from the names it is clear that the concepts differ from each other. Therefore, before drawing up an official document, you need to understand what it is and what purpose it serves.

Legal side of the differences:

• Warning

The owner's initial pre-trial claim is expressed in a warning to the tenant about unacceptable behavior. For example, if these are violations of a technical nature, the owner of the apartment demands their elimination at the expense of the tenant himself. A certain period of time is given for correction. Ignoring the warning leads to the next stage - filing a claim in court.

• Requirement

There are two types of requirements: notification and compulsory. The first case is standard: the owner of the property informs the tenants so that they leave the premises. The reasons may be the sale of the apartment or the expiration of the lease agreement (Article 684 of the Civil Code of the Russian Federation). Naturally, residents are given a period of time to pack their belongings and find new housing.

The requirement of a coercive nature is more persistent. The owner of the residential premises sets strict conditions: eliminate the violation or leave the occupied living space. This is usually enough to make the offender think about his behavior. But it also happens that you cannot do without a trial.

• Notification

Delivered to the tenant after a court decision has been made. The notice contains the reasons for the relocation and a link to the court order. The deadline for eviction is final and cannot be changed. If the tenant does not move out within the specified time, the landlord has the right to contact the bailiffs or the police.

It's winter, but you need to get rid of your tenants? Read about the nuances in the article “Is it possible to evict tenants in winter?”

General grounds for discharge

Yes, Art. 103 of the Housing Code of the Russian Federation establishes:

The reason that leads to the discharge of citizens from houses of a specialized fund is the early termination or termination of the rental agreement for residential premises

If the tenants refuse to voluntarily leave the apartment, then eviction is carried out by court decision. The same norm in part 2 establishes a list of citizens who cannot be discharged from official housing, as well as dormitories, without the provision of other living quarters

In Art. 133 of the RF Housing Code mentions:

On the reasons for the eviction of members of a housing cooperative

they must vacate the premises if they have not paid the share contribution in full and were excluded from the composition

In accordance with Art. 35 of the Housing Code of the Russian Federation, the following may be evicted from residential premises:

Citizens who occupy it by court decision or on the basis of a testamentary refusal

in the event that they use the premises for other purposes, violate the rights of neighbors, or cause harm to the apartment by their actions.

Art. 32 of the RF Housing Code states:

The owner may be evicted from the apartment due to the demolition of the house

at the same time he receives compensation in kind or cash.

The process of recognizing a house as unsafe and subject to demolition is approved:

By Government Decree of January 28, 2006. No. 47	after the relevant verdict is made by the interdepartmental commission, the procedure for notifying citizens, as well as the process of providing them with fair compensation, must be followed
The same basis for exclusion from an apartment applies to a tenant under a social tenancy agreement (Article 86 of the Housing Code of the Russian Federation)	with the only exception that he cannot choose the form of compensation. He is always provided with another living space corresponding to the previous one in terms of total area.

This rule applies exclusively to tenants of municipal housing. They will be provided with other living quarters.

It must meet certain requirements:

• be located in the same administrative entity;
• be suitable for habitation under current regulatory conditions.

In case of discharge for non-payment, the area of ​​the new premises is calculated according to the provision standards upon moving into the hostel.

Video: 8 reasons for eviction from an apartment

How to correctly write a notice to evict a residential premises

The notification is not given orally - the notification must be strictly in writing. Only in this case can the document be regarded as official.

The notice is drawn up on an A4 sheet, and if the owner is an organization, on the official letterhead of a legal entity with a seal.

How to fill out the notification correctly:

1. The upper right corner is the citizen’s full name and residential address.
2. In the center of the sheet is the title of the document (“... about eviction from a residential premises”).
3. Text of the document - first indicates the address from where the person is being evicted; further, the reason for such a decision follows (for example, in connection with a court decision on eviction - the number of the decision, who issued it and when, the date it entered into legal force).
4. Notice of deadlines – the period allotted to a citizen for relocation from an apartment or private house. In addition, information is brought to the attention of the application of forced eviction measures in case of disobedience to the court decision.
5. Information about the owner – individual or legal entity.
6. Signature and decryption of the signature.
7. Act of receipt of notice - space for number, date and signature.

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

Lawyers advise including the exact coordinates of the residential premises in the notice. In addition to the address, you must indicate the building/building number, entrance, floor, technical data of the apartment and other information. Practice shows that in this case no questions arise - the tenant will be obliged to move out of the living space without any misunderstandings. If such information is not available or if it is interpreted in two ways, there is a risk of delaying eviction from the apartment. Stick to precise wording!

How to evict tenants who do not pay according to the contract?

Let's imagine a situation: the landlord and tenants have entered into a rental agreement for residential premises, but the tenant does not want to make monthly payments. What should an apartment owner do? The only option is to expel the tenants through the courts.

detailed instructions

Forced eviction of tenants can be divided into three stages:

Stage No. 1 Pre-trial procedure:

• establishing a violation;
• warning tenants about violation of the rental agreement;
• waiting for rent;
• notice of immediate eviction from the apartment;
• preparation for the removal of residents.

Stage No. 2 Eviction through court:

• collecting evidence and attracting witnesses;
• drawing up a statement of claim;
• transfer of documents to the district court;
• awaiting court hearings;
• speaking at preliminary and main meetings;
• obtaining a court decision (writ of execution).

Stage No. 3 Execution of the court decision

• transfer of the sheet to the SSP at the location of the property;
• forced expulsion with the participation of bailiffs;
• drawing up an act of acceptance and transfer of housing;
• bailiffs' report on the work done.

You can read more about the last stage in the article “Procedure for forced eviction from an apartment by court decision.”

The above stages have a clear structure: the pre-trial stage is followed by the judicial stage, and only then the executive stage. It is impossible to violate the established order, for example, by ignoring negotiations with tenants.

List of documents

Termination of rental relations with tenants who do not pay requires termination of the rental agreement - unilaterally. But if the residents do not welcome such a decision, the owner will have to go to court and provide a package of documents:

• copy + original passport;
• extract from the Unified State Register or certificate of ownership (old color sample);
• a copy of the rental agreement (all sheets);
• personal account statement – ​​if the tenant paid for utilities on his own;
• receipts, bank statements, payment orders - confirm the fact of payment or non-payment of rent;
• witness testimony - if they can confirm the fact of the tenants' debt;
• a copy of the notice/warning to tenants from the landlord;
• copy of the tenant's passport (if available).

Together with the above documents, the plaintiff will have to pay a state fee for filing a claim to evict defaulters. Of course, we should not forget about the statement of claim itself. Below we will tell you how to compose it correctly.

Sample statement of claim

An appeal to the court is drawn up in free form, in compliance with the rules of office work. The plaintiff needs to use black or blue paste - when writing by hand, or type the text on a computer and print it using a printer.

Contents of the claim for eviction of tenants for non-payment of rent:

• Upper right corner – name of the judicial authority;
• Full name of the plaintiff, defendant, addresses and contact numbers;
• Center – the title of the document “Statement of Claim for Termination of a Residential Tenancy Agreement and Eviction...”.
• Further, information about the plaintiff, his rights to residential premises, supporting documents is indicated;
• Information about the conclusion of the lease agreement (parties, date, validity period).
• The plaintiff then indicates on what basis(s) he wants to terminate the tenancy agreement and evict the tenants. A standard reason will do: failure to pay rent for an apartment within 60 days (short-term contract) or six months (long-term).
• Lower left part – date, signature (decryption).

According to Art. 132 of the Code of Civil Procedure of the Russian Federation, the plaintiff must attach several copies to the main claim - their number depends on the number of participants in the upcoming process. Usually this is the main claim + 2 copies (to the defendant and the judge).

How long will it take?

Going to court significantly increases the time for eviction of tenants who do not pay rent. It is impossible to say how long the proceedings will take in general. If we talk about the approximate period, the eviction of tenants usually lasts from 3 to 6 months + the period for execution of the court decision.

State duty

The obligatory and only cost for the plaintiff is the state fee. Since the claim for eviction from an apartment is classified as intangible, the cost is 300 rubles (Article 333.19 of the Tax Code of the Russian Federation).

The receipt paid at the bank must be attached to the package with documents. Subsequently, the costs can be recovered from the losing party, but this is announced immediately - during the preliminary hearings in the case of eviction from the apartment.

Sample notice, requirement, warning about eviction from an apartment

In order to draw up a notice (demand, warning), you need to fill out a standard form. Please note that situations may vary. It is not a fact that your case falls under a special case. It is likely that a special form of notification (demands, warnings) will be needed. This is best explained by a lawyer, whose advice you can get directly on our website.

The notification is drawn up according to the sample. It's another matter if you need to write a requirement or warning. These documents do not have special forms. But their compilation is also subject to certain rules.

How to correctly draw up a demand for eviction from an apartment:

• top line – to whom the request is addressed;
• a message that you are the legal owner of the apartment at ____ address;
• requirement to vacate the living space along with things;
• deadline for eviction from an apartment or residential premises;
• an indication of the reason for the tenant's evacuation;
• intention to go to court in case of non-fulfillment of the requirement;
• date and signature.

A notice to evict an apartment may not contain any requirements to leave the living space immediately. This is rather a notice of the need to eliminate violations. The warning is drawn up by analogy with the requirement. The only difference is in the reasons and conditions. The owner must indicate what he considers a violation and oblige the tenant to eliminate the consequences within the allotted time.

How to send a notification?

It is not difficult to draw up a notice (warning, demand) about eviction. It is much more important to give them to the evicte/violator. There are detailed instructions for this.

Ways to convey a notification (warning, demand) to a citizen:

1. Postal telegram

It is transmitted online to the person being evicted from the apartment. For example, if the latter lives in another city. The owner must come to the post office, draw up a notice and certify a copy of the telegram (with a return response about receipt). A copy can be received 2-3 days after sending the telegram. Thus, the owner of the apartment personally notifies the tenant, as evidenced by written evidence - a copy of the notice.

1. Ordered letter

Sent by mail along with a receipt receipt and a list of attachments (done by a postal employee). The completed inventory has two copies - one remains with the sender, and the other is delivered to the recipient. In total, the owner remains with: a copy of the notice (demands, warnings), a copy of the list of investments, a payment receipt and a tracking number. All this serves as evidence of the tenant’s notice of eviction from the apartment.

1. Delivery in person

Before giving the notice to the person being evicted, you need to prepare an identical copy. On it, the recipient writes his full name and signs receipt. Be prepared for the fact that the tenant simply refuses to receive the notice. For such cases, there are separate instructions: come to the delivery of the notice with a couple of witnesses. Neighbors or relatives are perfect, always with passports. Having heard about the tenant’s refusal, witnesses record on the second copy of the notice the fact of the evicted person’s refusal. Next, they will need to confirm their records at a court hearing (if the eviction order has not yet been rendered).

Many people ask the question, what is the best way to serve a notice to evict a tenant? The best option is by registered mail . You will know for sure whether the person being evicted received the notice or refused to receive it. The most important thing is to have copies of all documents sent.

Tenants. Source of income or headache?

In general, there are advantages. And the decision to rent out the apartment was made. Now the main thing is to rent it out so that you don’t have to suffer later in finding a solution to the problem of how to evict the tenants. But this is where the fun begins. It is very difficult to predict how renting an apartment will turn out in practice. And here you need to rely on a happy occasion. Because situations where, at first glance, very presentable and positive people in all respects turn out to be insolvent, unfortunately, do occur.

Even if rent for living in an apartment is paid regularly, the need to get rid of tenants may still arise. So, they may turn out to be rowdy and harass your neighbors, who will begin to pester you and law enforcement agencies, or in fact you will encounter quiet drug addicts whom you did not expect to live in your apartment.

Or you may become a victim of a scam. They often rent out an apartment to a quite decent-looking tenant without concluding an agreement and without even bothering to check his documents and obtain his passport details.

And then it turns out that the tenant is a swindler who, having paid you for the apartment a month in advance, rented it out to third parties, took payment from them for six months, and disappeared. In this case, the question of how to evict tenants from your apartment will be very difficult to solve. Because there are two parties who become victims of scammers at once: you and the new tenants.

So, the tenants to whom you rented housing turned out to be a headache for you. What to do? The answer to this question depends, first of all, on whether you signed a rental agreement with your tenants or did without one.

Let's take a closer look at both options for possible eviction (without an agreement and with one):

Legal assistance

Drawing up and sending a notice is a rather troublesome procedure. Without legal knowledge, it is easy to make mistakes and completely delay the eviction of a tenant. It is important to understand that a universal notification form simply does not exist. Before filling out a notice to vacate the premises, you need to understand the nuances of the situation.

Do not rely only on your knowledge, because today you can take advantage of free legal advice.
The lawyers of our portal will study your problem and try to help within the framework of the law. The chances of correctly drafting a notice together with a lawyer are many times higher than doing it on your own. Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

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Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

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