How to evict tenants - sad practice and useful tips

If you have a home that you don’t intend to live in yet, but also don’t intend to sell, the best thing you can do with it is to rent it out. The solution is correct in all respects:

firstly, you will have funds to pay utility bills in the rented apartment. By the way, it is better to include these amounts in the rent. You can simply increase the rent for living in an apartment by the size of the communal apartment, or agree with the tenants that they will make all payments themselves. In the second case, try to check your payment receipts monthly so that a summons to court regarding late payments for utilities does not come as a surprise to you. If you live in another city, ask new tenants to send you monthly receipts to your actual place of residence.
secondly, you will have an additional source of income.
thirdly, the apartment, as they say, will be under supervision. Permanent residence of people in it will reduce the likelihood of robbery. This is also convenient in case of many emergencies (a water pipe burst, a sewer system burst, etc.). This is especially important if for some reason you are not able to come to the apartment at the first need.

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):

Is it possible to evict unscrupulous tenants in winter?

The question of whether it is possible to evict tenants in winter is often asked by landlords - owners of residential premises. Meanwhile, the time of year does not matter. Therefore, it is possible to kick out an indebted tenant in the winter on a general basis.

Another thing is that special clauses may be specified in the lease agreement. Then the eviction process becomes more complicated.

Some people are also interested in whether it is possible to evict tenants during the heating season? In some regions of Russia it starts in the fall and is pumped in the spring. There are no additional features here either. But, along with the rent debt, the tenant will have to additionally recover compensation for expenses for heat and other utility bills.

Can an apartment owner kick out tenants in winter if there is no contract? In this situation, the entire procedure is described above, and there are no amendments to calendar dates. It is only important to adhere to all legal norms in the event of a conflict with an unscrupulous tenant.

Tenancy agreement - guarantee obligations or stumbling block?

But if you have a rental agreement, you must act in accordance with the current laws of the Russian Federation. Since the document protects not only your rights, but also the rights of the tenants, you can only evict them in court.

Don't worry, the court will be on your side, since the law protects the rights of the owner more zealously than the rights of unwanted temporary residents. However, you will have to prove that the tenants are actually violating the obligations specified in the contract.

In order not to subsequently be tormented by the question of how to evict tenants occupied under a contract who do not pay through the court and, most importantly, how to confirm the fact of lack of payments, it is advisable to keep a special statement. In it you must enter the monthly amount received from tenants for living in your living space, indicate the date of payment and put the signatures of the parties (yours and the tenant). In this case, the statement will immediately show the overall picture.

The only disadvantage of official proceedings is that the tenants will live in your apartment for the entire period it takes to resolve the problem in court. That is, you will be able to evict them no earlier than you receive the appropriate court decision confirming your right to do so. This may take at least a month.

And success will depend largely on how correctly and competently the statement of claim was drawn up. Therefore, in this case, it would not be amiss to initially seek the help of a lawyer who will help you draw up the application correctly and tell you what documents and certificates you should worry about in advance to speed up the legal process in a particular case.

Conditions and grounds

In order to evict those living there without a lease agreement from an apartment, the desire of the apartment owner is first necessary. After all, if tenants do not violate the rights of third parties (neighbors), then they are not obliged to vacate the living space. All the neighbors can do is contact the apartment owner and notify them that the tenants are disturbing them.

The grounds for eviction of tenants are:

systematically do not pay rent;
use the residential premises for other purposes (shop, office, warehouse, etc.);
keep the apartment in unsanitary conditions;
change of owner of residential premises;
violate the norms of generally accepted behavior (drinking alcohol, rowdy behavior, etc.);
cause damage to the home itself or the property located in it;
other reasons.

Since tenants who have not entered into an agreement with the owner of the apartment are usually not registered in it, they can be evicted quite easily. Most often, it is enough to send them a demand for eviction within the established time frame.

However, there are situations when residents do not want to move out voluntarily. The reasons can be very different. For example, the lack of other housing or the landlord's unwillingness to return the rental deposit. In this case, the only correct solution would be to go to court. After all, if you use force or threats against tenants, you yourself may be subject to administrative or even criminal liability.

Example. Sokolova A.R. allowed a distant relative N.K. Pankratova, who came to receive higher education, to live in the second room of her apartment. The women did not draw up a lease agreement; they limited themselves to a verbal agreement. After six months of living, Pankratova began to cohabit with V.N. Kiselev and installed a lock on the door of the rented room. Sokolova repeatedly asked Pankratova and Kiselev to move out of her apartment, but they did not agree. The owner of the apartment repeatedly appealed to the district police officer, but he explained that residents could only be evicted from her apartment by a court decision. Then Sokolova went to court at her place of residence with a claim to recognize Pankratova as having lost the right to use the apartment. The court, having considered all the materials of the case, having heard both sides, came to the conclusion that the plaintiff’s demands are legal and must be satisfied in full. Pankratova and Kiselev were forced to leave their living space.

If tenants renting an apartment from neighbors are annoying

Quite often, the reason for eviction of tenants is not their insolvency, but violent behavior or bad habits. For those who are concerned about the question of how to evict their neighbors' tenants, we can only advise one thing. Complain! First, call the apartment owners and demand that they take action. Most likely, they will not want to complicate their life and will save you from your annoying neighborhood.

Well, if the owners of the apartment are inactive, and temporary residents continue to poison your life, call the local police officer and write a statement to the police. As soon as there are more than three of them, the district police officer will be obliged to take action. Most likely, the case will be taken to court, and neighbors who allowed tenants who do not comply with the established rules to live in their living space will have to pay a fine.

By the way, if you are puzzled by how to evict tenants from a communal apartment, you need to act in a similar way. Only recorded statements to the police confirming that you are really suffering from an inconvenient neighborhood will help you resolve the case in your favor.

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.

What you need to know

In a word, evicting tenants can turn out to be a troublesome and time-consuming matter, which it is better not to deal with at all in life. And in order to avoid this, try to protect yourself in advance. To do this, follow the following rules:

Be sure to check the identity documents of the prospective tenants and ask them to provide you with photocopies or at least write down the data.
make sure the solvency of future residents;
do not rush to provide tenants with even temporary registration in your living space - this will significantly complicate their eviction if necessary;
When renting out an apartment to people with minor children, check that the children have official registration in your locality, so that later it does not turn out that by evicting tenants from the apartment, you are violating the rights of children.

Following these simple rules will help you avoid the unpleasant consequences of renting a home. However, if you still encounter the problem of how to evict tenants from an apartment, do not despair. Try to act calmly and in strict accordance with the law, so as not to find yourself in the role of accused in a trial.

Let the apartment provided for rent become a source of income that does not bring negative emotions!

Is it allowed to evict a tenant with children?

There is also a standard procedure here, except in cases where the tenant and the child have registered in a rented apartment (which is not prohibited by law).

When concluding an agreement, stipulate in advance the conditions for the tenant’s child and other persons to live in the apartment, as well as the possibility of temporary registration.

In this case, it is advisable to consult a lawyer in St. Petersburg in order to avoid further complications. Legal advice can be provided in the office by appointment by calling the phone number listed on the website.

Where are residents assigned?

If the owner of the apartment is subject to eviction, the square meters belonging to him remain in his shared ownership, but he has no right to live on this territory. The property is sold on the apartment market.

If the tenant has the financial opportunity, he moves into a rented home . Otherwise, the state moves him into an apartment that is municipal property. There are often problems with a shortage of such apartments or rooms. Therefore, in most cases, eviction is not carried out.

To whom and how should you complain about your neighbor tenants?

Let us list the authorities and the list of persons to whom you can file a complaint or verbally complain about tenants who violate the rights of their neighbors.

You can contact:

To the house committee or house manager. If a neighbor has violated the rules of public order for the first time, then these persons will be able to influence him with a conversation. But, if the case drags on and you have to go to court, then keep in mind that the house committee or manager does not always side with the victims. In order not to annoy the violating neighbor, they write good characteristics and may remain silent about violations that you reported earlier.
To the owner. Find the contact details of the apartment owner and inform him about the behavior of the tenants. Explain in more detail what happened and ask them to evict them as quickly as possible. The owner will accommodate you halfway, especially if he does not have a signed lease agreement with the tenants, because you will have to pay a fine if you contact the Police.
To the police station or directly to the local police officer . Thus, by writing a statement, you will be able to record the fact of your application and the fact of the violation by your neighbor. Of course, the act of the local police officer can play a huge role in court.
To the Prosecutor's Office . If the local police officer “hushes up” the case and ignores your requests, feel free to write to law enforcement agencies. The prosecutor's office will have to conduct an investigation into your application. It is better to submit written statements and complaints everywhere in order to receive written answers.
To the Administration. For example, you can file a complaint with local authorities if the owner is a municipality and it is not possible to resolve the issue with the tenant. Representatives of the administration can help you understand the situation and will redirect your request to the necessary authorities, which will be responsible for monitoring and checking your neighbor tenants for these violations.
To court. Prepare a statement of claim, even if it is a collective one, from several neighbors, it will be accepted and considered. In this case, it will be necessary to confirm not only the fact of the violation, but also that the defendants actually live at the specified address and are tenants, and not guests of the apartment owner.

Remember: any word must be documented. If you don't have evidence, you are unlikely to win your case.

Who cannot be forced to leave their home under any circumstances?

Certain categories of citizens are especially protected by legal acts and in this case cannot be evicted under any pretext. Such persons include:

Minors.
Children without parental care, orphans.
A former family member with nowhere to go. In this case, the court grants a deferment of eviction for a period of 3 to 12 months, or obliges the plaintiff to provide the other party with housing.
Dependents of any occupant of the room.

Evicting an unwanted neighbor is far from a simple procedure, requiring legal literacy and a willingness to speak in court. However, getting rid of the unfortunate tenant is always possible. You just need to remember the strong evidence base.