How to evict tenants from a rental apartment

Why you can’t evict tenants on your own

If you yourself try to evict tenants who categorically refuse to leave the house or apartment, then you need to take into account the following risks:

• you may be accused of missing things or money;
• you may encounter physical resistance;
• you will have to pay for moral damages.

Arbitrariness in eviction of tenants can lead to criminal liability. It is provided for the following actions:

• for violence or threats of its use;
• for causing significant harm to health or property.

The amount of damage caused is determined in court.

That is why, when evicting citizens living without a lease agreement, it is necessary to act strictly within the legal framework.

You need to act legally by contacting an experienced lawyer.

Evicting noisy tenant neighbors

The legislation of the Russian Federation today only cares about respectable citizens. It is for this purpose that there is a law that protects citizens from noisy and unfavorable neighbors, allowing them to be deprived of their housing if their offenses are proven.

To deal with such tenants, you need to collect as much evidence as possible of repeated violations of the order:

• For each violation, call the local police officer or the police so that everything is recorded in writing and in an official form;
• Support your dissatisfaction with information from your neighbors, also in writing;
• Collect certificates of non-payment of utilities through the owner of the apartment or at the request of the district police officer;
• Contact the Sanitary and Epidemiological Station, which will conduct an inspection of the apartment and give a conclusion that the apartment is in poor condition;
• If the apartment was previously renovated, you can claim illegal redevelopment.

If local authorities refuse to initiate a case against a noisy neighbor, then you can always contact higher authorities and file a complaint against the court itself about its inaction. The main thing is that everything is officially confirmed (you must receive a written refusal from the court with all the reasons for it).

What you need to know before renting an apartment

You need to think about how you will evict tenants before renting out the property.

Documents confirming the landlord's ownership must be in perfect order.

If you let tenants in without an agreement, then the tenants living in your living space will be considered your guests. The procedure for their eviction will be easier. To do this, you will have to call the police and write a statement. But you will not be able to receive compensation for damaged property and unpaid utility bills.

A contract certified by a notary protects the rights of both the landlord and the tenant. Tenants will have to be evicted through the courts. But you will be able to demand compensation for the damage caused and the return of unpaid rent.

What to consider when concluding a lease agreement

1. Indicate the exact period for which the housing is rented. If housing is rented for a year with automatic extension of the period, then tenants must be warned about the end of the lease in writing several months before the day of eviction. However, they may refuse to pick up the notice.
2. Draw up an act of acceptance and transfer of housing. Put all the valuable property in the house into it. Describe everything in great detail. Indicate the brand of equipment, condition of repairs and furniture. Everything that you write down in the act can be returned or reimbursed through the court.
3. Do not allow tenants to make repairs. This point must be specified in the contract in advance. Otherwise, you face lengthy legal disputes about who owes whom and how much.
4. Do not allow residents to register and register in your living space. Even if you have a good first impression of your tenants, do not give them any more rights to your home. Even after their eviction, problems with undischarged people may make it difficult to sell the apartment.
5. Specify in advance who will pay for utilities. Better do it yourself. Tenants can recover the debt through the court if they do not pay for more than six months.
6. Difficulties with eviction may arise if among the tenants there are young children and disabled people, incompetent persons.

If the rental agreement is still signed

Remember, there is no need to threaten to break down the door or threaten tenants with an agreement. It won't help. In this case, the employer can go to court and the law will support him. After all, he lives in the apartment officially, having certain rights secured by the contract.

If the contract was violated by the tenant, then by law the landlord has the right to force the tenant to move out.

The owner of the apartment has much more rights to it and the protection is correspondingly higher. Renters cannot boast of this.

A person who rents out housing can file a lawsuit so that the bailiffs can handle the eviction. But before submitting an application, he must notify the employer about this and give him time to correct everything.

This is done in writing, and the tenant signs the notice.

If the tenant does not want to receive it, then it can be sent by registered mail, but the receipt must be kept. You will need it when applying to the judicial authorities.

The key point here is the date on which the notice was served. The countdown begins from there when the tenant undertakes to leave the apartment.

To transfer the case to court, the landlord draws up an application, and a whole package of documents to accompany it:

• contract;
• payment receipts;
• results of the premises examination;
• a document confirming that the notice was given to the employer.

During the course of the trial, the tenant is obliged to pay the rent and the period of its release in the amounts established by the contract.

The landlord has every right to demand reimbursement of the costs of the court case. This must be documented.

Eviction of tenants who do not have a tenancy agreement

By allowing tenants into your apartment without a lease agreement, you risk being accused of concealing income. Tenants, in turn, risk being evicted at the first request of the landlord.

But if the owner of the property has demanded eviction, and the tenants consider this demand unfair, then this dispute can be resolved in court. For example, if the landlord does not want to return the deposit for a month’s stay, or the tenants have nowhere to move, they can contact the police. Forcible eviction may result in administrative or criminal liability. To prevent such situations from arising, you need to know the rights and obligations of the parties when renting housing.

Legislation

In the absence of an agreement, the relationship between the tenant and the landlord is regulated by the Civil Code of the Russian Federation and the Housing Code of the Russian Federation.

Homeowner's rights

In accordance with Article 30 of the Housing Code of the Russian Federation, the owner can:

- personally dispose of residential premises, taking into account its purpose;

- rent it out to citizens or legal entities on terms of rental or free use.

Tenant rights

Citizens who rent housing under an oral agreement can use the provided property and carry out repair work.

In the event of eviction, tenants without a contract have virtually no rights.

How to evict tenants without a contract

If a conflict situation arises, there are three ways to evict tenants.

1. Deprive tenants of access to the living space by changing the locks. If the tenants regard these actions as unreasonable, then they can file a lawsuit demanding that the oral agreement be declared invalid.
2. Call the police. The district police officer will attest to the refusal of the residents to vacate their living space and will assess the actual condition of the housing. The owner of the apartment must write a statement stating that there are unauthorized persons in his living space who do not want to vacate it. The district police officer himself does not have the right to evict residents, but will tell them about responsibility for their actions. Usually, the involvement of a representative of the law contributes to a peaceful resolution of the conflict. If this does not happen, the case goes to court.
3. Go to court. A lawyer will help you file an eviction suit correctly for the court. This measure is rarely applied to tenants without a contract. Residents understand that the law is on the side of the apartment owner and do not bring the dispute to court.

How does the eviction of tenants without a contract from communal apartments take place?

The basis for tenants to leave the living space may be complaints from neighbors about violation of their rights. Failure to pay utility bills is also considered a valid reason for eviction. Neighbors can file a claim against the tenants themselves if the landlord evades responsibility.

How does the presence of children affect the eviction of tenants without an agreement?

If tenants go to court regarding an unjustified eviction, the court may recognize the presence of a child as a mitigating circumstance. In this case, it will not be possible to quickly evict the tenants.

Is it possible to evict people in winter?

The law does not prohibit the eviction of tenants during the heating season. If you act through the police and the court, then there will be no problems with eviction.

What to do first if tenants refuse to leave

If it was not possible to reach an agreement peacefully, you need to act like this:

1. Give tenants a notice to vacate the property, indicating the eviction date. Hand it over in front of witnesses. Film your actions on your phone. Try to get the residents to sign the document. You can also send this paper to residents by registered mail.
2. Write a statement to the local police officer that there are strangers in your house. Don't forget to get your application registration number. And after the inspection, ask for a conclusion. You will be given a resolution to bring the residents to administrative responsibility or to refuse to initiate a case. These certificates will be needed in court.
3. Contact a lawyer. He will draw up a claim to evict the tenants and collect the necessary documents and witness testimony for the case to be considered in court.
4. The court will review the case and take into account evidence from both sides.
5. After the court issues its verdict, tenants can leave the living space or file an appeal.
6. If the court has decided to evict, the bailiffs will enforce the sentence.

Be patient. If you have to go to court, the procedure may take several months.

Eviction of tenants in winter

There are no differences between seasons for this procedure; there is no law prohibiting the vacating of residential premises in winter. However, that is why there is a tenancy agreement, which must provide for notice periods for eviction. For example, you can draw up a document in such a way that eviction is notified, say, 1-3 months in advance. Agree, this is quite enough time to find another apartment. If the tenants violated the terms of the agreement mentioned above, then law enforcement agencies should be called for help. If a tenant is evicted by a court decision in the winter, then he can file a counter-statement that he has no other housing, and therefore asks for a deferment of execution of the decision.

How to evict tenants with a lease agreement

The contract protects the rights of both parties who entered into it. Therefore, compelling reasons are needed for early termination of the contract. If they are not there, then you need to start eviction at the end of the lease term.

The contract can be terminated early if the tenants:

1. Find yourself paying rent.
2. The apartment is not being used for its intended purpose. For example, they organized a warehouse in the premises or opened a store.
3. Sublet the housing;
4. They live in unsanitary conditions;
5. Changes were made to the layout of the apartment;
6. They violate the rights of neighbors.

Violation of the terms of the contract also leads to its termination. For example, if the owner of the property prohibited keeping animals, and the tenants got a dog.

You can terminate the contract early if the apartment requires major repairs.

Algorithm of actions for eviction

1. Write a notice asking to leave the premises by a certain date. The timing of such notice must be specified in advance in the lease agreement. In some cases, notice of eviction must be given 3 months in advance, but more often 1 month before the tenants move out.
2. You serve the notice in front of witnesses. It is best to videotape the presentation. Most likely, the tenants will refuse to sign the document.
3. On the day of eviction, if no one has moved out, call the police and draw up a report.
4. Write a statement to the district police officer. You receive an application registration number and an official response about the refusal to initiate a case (needed for the court).
5. Contact an experienced lawyer. He will help you correctly draft an appeal to the court. You can demand payment of all debts and damages from your tenants.
6. Participate in a court hearing and receive a court verdict.
7. The court decision is transferred to the executive service. Bailiffs will evict the tenants.

Litigation takes a long time, so you need to be patient. The speed of resolving the issue will depend on the qualifications of the lawyer. To find a good specialist, contact a law office with a good reputation.

Legal grounds

Let's consider an example with the simplest situation: you let relatives or friends live in your apartment. Without a contract or registration. Asking such tenants to leave will be the simplest action, since there is no agreement on the rental of the apartment.

Tenants who live in an apartment without a contract can be evicted by contacting the police with a statement that unauthorized persons are using your property without the right of residence. But if the tenants have temporary registration, then you won’t be able to evict them just like that . What could be the grounds for relocating tenants under the law?

Under contract

The most common reason for eviction of tenants is their failure to pay utility bills and apartment rent. The owner of the property has the right to terminate the rental agreement unilaterally if payment for rent is delayed for more than two months .

According to Article 687 of the Civil Code of the Russian Federation, there are other reasons for eviction of tenants from their rented apartment:

• Negligent attitude towards the owner’s property, its inappropriate use;
• Public order disturbance;
• Use of the apartment for other purposes.

For one of these reasons, the owner of the property has the right to contact the tenants and demand them to vacate the occupied premises. If the eviction is due to non-payment of rent, then it is imperative to retain evidence of the tenants' arrears.

When renting out an apartment, be sure to draw up an agreement, a schedule of monthly payments and receipts for receipt of money for rent. This will make it possible in the future to prove the tenant’s financial dishonesty.

Now we will talk about how to evict tenants who violate the terms of their rental housing. The first step in resolving the issue will be a personal appeal from the apartment owner to the tenants. To do this, you should write a letter in free form about the need to evict for a specific reason. It is advisable to submit the claim against the signature of the employers or send it by mail with a return notification.

Let's learn how to evict tenants who don't pay by reading this article.

How to find tenants who won't cause problems

When renting out housing to strangers, you should play it safe and find out:

— solvency;

- presence of a criminal record;

- place of work;

- absence of mental illness.

If a person is declared incompetent, then the contract concluded with him will be invalid.

The client's solvency can be checked by asking him to pay for the first and last months of stay. Who the tenant works is not so important. The main thing is that he has a constant source of income.

An experienced realtor will help you figure out these and other questions. Offices that search for housing do a good job of checking tenants. But you don’t need to rely on realtors in case of eviction of tenants. They do not have such powers and funds.

How to evict tenants who don't pay rent?

When the contract expires, the tenant must vacate the premises . You can also evict him in court if he does not fulfill his obligations under the contract and does not respond to the owner’s notification.

By law, he must notify tenants of the need to vacate the apartment three months before the end of the contract by notice or orally in the presence of witnesses. Thus, if the tenants refuse to vacate the apartment on time, the owner has the right to file an application with the court, attaching written notices to it or referring to witnesses.