Evicting a child during the heating season

Is it possible to evict from an apartment in winter?

If the agreement is concluded for a period of more than 1 year, it is subject to state registration, and the right of ownership for the period of its validity will be limited (Article 674 of the Civil Code of the Russian Federation). This rule applies to all types of agreements on the transfer of housing for use. Therefore, if the parties did not draw up a written lease agreement, it is pointless to talk about regulating their relationship with the Housing Code of the Russian Federation and the Civil Code of the Russian Federation.

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When evicting tenants with whom a written rental agreement has not been drawn up, the landlord can rely on the provisions of the Criminal Code of the Russian Federation. Residents can appeal to the Tax Code of the Russian Federation to protect their rights. But in both cases, the trial will be disadvantageous for the parties, since it entails recognition of the invalidity of the transaction.

The release of state or communal living space is regulated by Art. 35 Housing Code of the Russian Federation.

In what cases are people evicted in winter?

Eviction of tenants in winter is carried out according to the general rules provided for by the norms of the Housing Code.

With the provision of other housing

If a tenant is expelled from a residential premises during the cold season and another place of residence is determined, no problems arise. He does not stay on the street because he is moving to another apartment.

A citizen has the right to apply for another housing if:

the house was demolished;
the premises are recognized as unsafe;
real estate is seized for state and municipal needs;
residential premises are transferred to non-residential premises;
a major renovation is being carried out that does not allow preserving the premises;
the property is transferred to a religious organization.

The listed circumstances arise not through the fault of the apartment user, therefore the owner is obliged to provide him with other equivalent residential real estate. Otherwise, he does not have the right to forcibly deprive the tenant of housing.

In a similar manner, the issue is resolved with an employer who has not paid for utilities and accommodation for six months. The debt is collected in court, and the tenant is moved to a smaller room or apartment.

It happens that the property in which the owner lives is subject to demolition or seizure. State authorities are obliged to provide monetary compensation in return or purchase another apartment with the same area for him.

Without providing another place of residence

The owner of a residential premises may lose his apartment in the winter if he systematically violates the law.

Owners and tenants are subject to eviction in the following cases:

ownerless handling of property;
violation of the rights of neighbors (antisocial lifestyle, noise at night, scandals);
use of housing for other purposes;
ignoring sanitary standards and fire safety rules;
cluttering of housing.

If the above circumstances exist, the tenant is sent a notice with a request to carry out repairs, bring the housing into proper condition, and stop illegal actions. If he ignores the warning, the problem is resolved administratively. The owner of the premises is held accountable and fined. As a last resort, eviction is used based on a court decision.

Is it possible to evict tenants in winter in Russia?

Important

Here is a list of possible types of evidence for eviction of tenants:

Testimony from housing and communal services employees about who paid for utilities;
Receipts from tenants for deferred payment of rent as confirmation of overdue debt;
Testimony of witnesses (for example, neighbors) that tenants caused damage to the landlord’s property;
Photographs of the residential premises before and after the tenants moved in to clearly show the damage caused.

You can also use various video or audio recordings of conversations with tenants. All this will be additional evidence in court, which can tip the scales in your favor. After all, if the judicial authorities are not satisfied with the facts provided, the claim may be rejected.

How can you evict tenants from an apartment in 2020?

The tenant is sent a written notice that grounds for eviction have arisen.
The notice sets out a request for voluntary eviction.
The parties discuss the current situation and find an acceptable solution.
Within the agreed period, the tenant corrects the violations or is evicted.

Self-eviction may qualify as arbitrariness. According to Article 19.1 of the Code of Administrative Offenses of the Russian Federation, a fine of 100 to 300 rubles is provided for this. If significant damage is caused to the property of the tenants. In case of independent eviction, arbitrariness is punishable under the Criminal Code of the Russian Federation. The fine in this case varies up to 80,000 rubles or arrest for up to 6 months is applied.

Is it possible to evict tenants during the heating season, in winter?

The Civil Code establishes the right of the landlord to evict tenants if they do not pay rent more than twice in a row if the contract is short-term (up to a year), and within 6 months if the contract is concluded for a period of more than a year;

if the property is in disrepair and living in it may be dangerous for the tenant.

Here it should be said that Russian legislation provides for freedom of contract, which means the parties have the right to independently determine all conditions, including the possibility of early termination of the contract on grounds not provided for in the law. If it's winter If there are grounds for eviction of tenants, the landlord has the right to demand eviction, regardless of the time of year. It does not matter how these grounds are established.

How to notify tenants of eviction

In the case of municipal housing, when citizens live in an apartment under a social tenancy agreement, the picture is slightly different: in this case, the owner of the residential premises is the municipality, which cannot evict the tenant in the winter season. Everything is logical here. In Art. 90 of the Housing Code of the Russian Federation states that tenants can be evicted for debts in paying utility bills. At the same time, they are provided with other living quarters.

Often the tenant is evicted along with their minor children. In the case where children are registered in a rented apartment, it will be difficult to forcibly deregister and expel them in the winter. This is only possible if you have another place of residence.

Dear readers! The articles describe only typical (template) situations and methods for solving them. It is worth considering that each case is unique, and solving a separate issue requires an individual approach.

How to achieve this, what pitfalls await the landlord along this path, is it possible to evict tenants in winter or with children, what regulations regulate the eviction process - we read about all this further.

Important Tenants file a claim for termination of the tenancy agreement, and the landlord can act as a claimant directly in the eviction case.

However, if the issue is resolved through the court, even in winter, the tenants will have enough time (while the trial lasts) to find another place to live.

The issue of eviction of tenants in winter requires special attention. This is due to the peculiarities of the Russian climate.

The presence of registration complicates the procedure for vacating housing. Registration gives citizens the opportunity to live in an apartment.

We will also describe tips for tenants when drawing up a rental agreement and other nuances to avoid possible problems with the lease. However, such housing may become the property of the state for state needs, including in winter.

It happens that the occupancy of tenants was not documented in a written lease agreement. Then housing and civil legislation cannot help. It remains to turn to the Criminal Code, which is fraught with retaliatory actions by tenants already on the basis of the Tax Code of the Russian Federation. Thus, by assuring that it is cold outside, tenants can convince them to delay eviction for more than one month.

Grounds, reasons. How to evict tenants without an agreement: algorithm, documents, terms, cost. How to evict an apartment under a rental agreement through the court: instructions, sample claim, documents, evidence, terms, cost. Examples from judicial practice.

The only reason why tenants can be evicted early is termination of the tenancy agreement.

Eviction in winter

Some may be contained in the agreement drawn up by the parties, while others are contained in the Civil Code (listed above). Subscribe to our channel in Yandex.Zen! Subscribe to the channel True, in order to evict tenants, in most cases it is necessary to go to court. The court will consider the presented evidence of violation of the terms of the contract and make a decision on the possibility of early termination of the contract.

The evidence may include receipts, contracts, witness statements, expert opinions on the emergency condition of the building, etc. How should I proceed? If the contract specifies a period within which the parties must notify each other of early termination, then compliance with this period is mandatory for the parties. The Civil Code of the Russian Federation provides for the period for sending notification only to the tenant, since only he has the right to unilaterally refuse the contract.

Eviction of tenants in winter: procedure

The parties are obliged to inform each other of their intention to terminate early. The lessor must provide evidence of non-compliance with the contract or violations. In cases where the contract specifies a period within which both parties must notify each other about the decision to terminate early, it is mandatory to comply.

The tenant must notify the tenant of the termination of the contract no later than 3 months before the planned eviction.

The contract can be terminated only in cases provided for in the contract or prescribed by law. In the absence of established conditions, eviction is carried out through the court.

The tenant must notify the tenants that they have corrected the violations or evict them in an appropriate manner. Proof of compliance with the landlord's obligations is the signature of the tenants and the date of delivery on the notice.

Important! The countdown of the period begins at 00 hours following the date of delivery of the notice to the tenants of the notice.

Is it possible to evict tenants in winter in Russia?

Grounds What may be the grounds for eviction of citizens from an apartment:

the building is transferred to a religious company for use;
citizens do not pay rent for six months;
the house is seized for municipal or state needs;
tenants commit systematic violations of the rights of their neighbors;
the rental agreement has expired;
the residential premises are not used for their intended purpose, for example, for carrying out business activities;
the expert commission made a decision on the emergency condition of the facility;
the tenants carried out unauthorized redevelopment and refuse to return the premises to its original state.

There may be other reasons. In some cases, compensation or new housing is provided upon eviction. Legislative framework In 2020, eviction is regulated by a number of regulations.

Eviction of tenants in winter through court

When the parties have not reached a peaceful resolution to the conflict situation, the solution may be to go to court. Read about the grounds for eviction of tenants in court.

To do this, you need to draw up a claim and supplement it with the following documents:

a copy of the notice with the tenant’s signature and date of delivery
receipt of notification
conclusion of the commission on the emergency condition of the premises
receipt for payment of payment for rental housing
rental agreement

Important! The period of vacating the apartment and the period of trial is paid according to the established rent.

The tenant may be required to pay:

lawyer
state duty

In order for the tenant to compensate for legal costs, confirmation of these costs will be required.

You can postpone eviction in the following cases:

in case of disagreement with the court decision and further appeal
if there are minors who need to live in an apartment for a number of reasons. For example, for the end of the school year.

Is it possible to evict tenants in winter?

But at the same time, we should not forget that evicted tenants may also file a complaint with the tax office regarding non-payment of the 13% tax on personal income by the landlord. The form of ownership of rental housing also matters. It is much easier to evict tenants from premises that are privately owned.

It is much more difficult to implement this when the apartment (house) is owned by the state or public utilities. Is it possible to evict tenants during the heating season? Eviction of tenants during the winter period is possible, just like at any other time of the year. The basis for this may be a court decision (if the transaction was legal) or the personal desire of the lessor.

When terminating a contract with a tenant in court, the landlord must prove the existence of conditions under which premature termination of the contractual relationship is permissible.

Attention

Telephone consultation Free call Topic: Eviction Does my husband have the right to evict me from my home? area in winter. What should I do if he evicted me, where should I turn in this case? read the answers (1) Topic: Eviction from the apartment The apartment was purchased with funds from a targeted loan, the mortgage agreement was not drawn up, the mortgage was issued by court decision two years later. The apartment was sold at auction.read answers (1) Topic: Underage child Is there a law on the impossibility of eviction from departmental housing in the winter by a court decision of people with a minor child in the far northread answers (1) Topic: Will a mother have the right to evict two young children by court decision in the winter. read answers (2) Please tell me if this is fair, I live in a medical dormitory.

How to proceed Do you need help? Consult our lawyer for free! Laws in our country change very often! Get the latest information by phone! Just call from any region of Russia: Or contact our online consultant! So, we decided to evict the tenants. Your next steps:

We are trying to come to an amicable agreement. No one has yet canceled the power of persuasion. If you correctly argue your claims against residents and describe in detail the inconveniences associated with the trial for them, there is a chance that you will achieve your goal in the shortest possible time. Alternatively, you can offer your help in finding other housing;
If we can’t reach an amicable agreement, we draw up an eviction notice and have the tenants sign it, preferably in the presence of two witnesses.

How to evict a tenant: rules, recommendations and reviews

How to evict tenants without an agreement? It has already been said that this process is more difficult than if it were present. An oral form does not give any guarantees to the tenant, but it can also bring a lot of problems to the landlord. In any case, if you are determined and all the warnings have not yielded results, you will have to take extreme measures. Especially if your tenants do not have any connections with you: family or friendship. All this will only complicate the task.

Is it possible to evict tenants in winter without a contract? Certainly. Same as with the contract. It doesn’t matter at what time you start organizing this process. The main thing is to approach the problem correctly. The main method of dealing with tenants is nothing more than going to court. True, in winter it is unlikely that anyone will forcibly kick a person out of the apartment. In this case, the person is given a reprieve. If the tenant refuses or delays the moment of eviction, then he will be forcibly shown the door. But in judicial practice such incidents occur very rarely.

We recommend reading: How to properly exchange a house for an apartment

Can they be evicted from an apartment in winter by court decision?

Procedure What should the owner do if he wants to evict the tenants for good reason:

First, you will need to notify the tenants of your desire to terminate the contract early. It is necessary to indicate the facts indicating a violation of contractual obligations. Tenants should be notified no later than 3 months before the expected eviction date. At the appointed time, citizens must leave the premises.
If the owner wants to evict the tenants on grounds not provided for in the contract or prescribed by law, it is worth going to court. However, the court resolves such issues only if the agreement was drawn up in writing, was subject to state registration, and the owner himself regularly paid taxes.

This happens if the building is recognized as unsafe and unfit for life, as well as if it became the property of the state or the Church. But in this case, the question of the only dwelling does not apply, since the selected dwelling must be replaced with an equally comfortable one. Another chance can be given to the inhabitant of social square meters during eviction for housing and communal services debts (Article 103 of the Housing Code of the Russian Federation). However, this is not always possible, but only in cases where the state considers that he objectively could not pay:

the culprit is a pensioner and his pension is simply not enough to cover the arrears;
presence of dependents - children and disabled people of groups 1 and 2;
the offender is seriously ill.

Read our article about whether it is possible to evict a minor child from an apartment. Where will they be expelled? You'll be lucky if you go to another monastery, empty and less comfortable.

How to delay forced eviction in winter?

It is necessary for a certain decision or regulation to come into force. Eviction in winter Based on the Housing Code, eviction from an apartment in winter is possible.

There is no official ban on eviction of tenants in winter. If the apartment is privatized or privately owned, the owner has the right to evict. He is allowed to kick out unwanted tenants even from December to February.

The owner has the right to terminate the rental agreement without notice. Yes, this is in theory, but what happens in practice.

There may be other reasons. In some cases, compensation or new housing is provided upon eviction.

But in practice, relocating residents is not easy. For example, the police do not solve such problems. If the tenants do not vacate the home, the landlord will be forced to go to court.

Russian legislation does not contain special regulations regarding evictions in winter. In most cases, eviction is possible only on the basis of a court decision. It is worth understanding this issue in more detail in order to know what pitfalls you will have to face.

If the tenant has previously privatized the apartment, then no one has the right to evict him. If there is a debt for utility services, penalties are imposed on the tenant, as well as activities aimed at repaying the debt, for example, turning off electricity, heat, water, etc.

If there is no concluded lease agreement between the tenant and the tenant, then tenants can be evicted at any time of the year, regardless of whether they have children.

Since eviction without an agreement takes place in the presence of law enforcement agencies, the list of documents will not be so impressive.

In order to evict tenants, you will need to go to court. Femida employees will consider facts of violation of the terms of the lease agreement by tenants. At the end of the trial, the court may issue a ruling on the early eviction of citizens or extend this period for certain categories of citizens.

The legislation does not provide for a ban on eviction of tenants during the heating season. In a privatized apartment, only the owner of the residential premises has the right to move in or evict tenants; he can do this when he sees fit.