How to draw up and send a warning, demand and notice of eviction from an apartment

Last modified: October 2021

Vacant real estate provides a chance not only to benefit from renting out, but also entails certain difficulties associated with interaction with tenants. When problems arise with payment, the owner is forced to think about how to evict tenants who do not pay the previously agreed amount. Tenants do not always agree with the owner’s decision, refusing to vacate the apartment, citing a variety of pretexts. The homeowner suffers losses in the form of lost profits and must deal with unpleasant proceedings with unwanted tenants.

The eviction process will largely depend on the specific circumstances, taking into account the presence or absence of a signed tenancy or rental agreement.

How to notify tenants of eviction

/ / 04/26/2018 700 Views This is a form of agreement for the provision of a roof over your head.
Depending on it, both parties receive certain duties and rights, are responsible before the law and to each other. There are two forms of agreement.

Oral and written. You most often have to think about whether it is possible to evict tenants, regardless of the type of agreement chosen. But, as practice shows, the landlord will have less headaches when concluding an agreement in writing.

As a rule, all the key points are written down there. And with the help of this paper, it will be possible to quickly evict negligent tenants in court. Of course, a written contract gives rights to them too.

But the oral form is not always suitable.

How to evict a tenant in this case? You'll have to try hard here. Especially if people do not commit any special violations, and this is just your personal desire.

https://youtube.com/watch?v=Zw8JvuM4A8I

Before proceeding with forced eviction, you must try to resolve the matter peacefully by inviting the tenant to voluntarily leave the premises. To do this, you need to write a notice of eviction demand.

Attention: There are no special requirements for its design, but it is necessary to specify:

1. Personal data of the parties to the agreement.
2. Description of the claim against the company.
3. Deadlines for vacating living space.

It is advisable to send the notification by registered mail.

The tenant's signature confirms receipt of the notice.

The first step to eviction is to notify the tenant of your intention to demand vacancy.

1. Have a pre-emptive right to conclude a new contract.
2. Sublease apartments with the consent of the owner, etc.

At the same time, he is obliged:

1. Pay rent within the period established by the agreement, etc.
2. Maintain the transferred property in the same condition in which it was received, taking into account normal wear and tear.
3. Use housing exclusively for its intended purpose.

The rights of the lessor under a standard lease agreement are as follows:

1. Systematically check its condition.
2. Rent out housing.

He has only one duty:

1. Present the property for temporary use in accordance with the drawn up acceptance certificate (if defects are subsequently discovered that were not indicated at the time of the contract, the owner must eliminate them).

Info Items are stored for two months and are issued upon payment for storage services. Late requisition for property leads to its sale in order to compensate for storage costs.

The remaining amount of money is transferred to the owner of the items. Emerging nuances Among the peculiarities of eviction of tenants, it is worth noting the fact when the tenants are registered in the apartment.

When there is a right

Keep in mind that the law is always on the side of the minority. More precisely, those whose rights are infringed. Before evicting a tenant, the landlord must understand that he does not have the right to just come and kick someone out. This is a direct violation of the Constitution of the Russian Federation. No one can independently expel anyone from their home. This term refers to the place where a person lives, regardless of who actually owns the apartment. So if you suddenly get it into your head to have your tenant vacate the living space, you can forget about instantly turning your idea into reality.

However, no one has the right to take your home away from you. That is, you can think about how to evict tenants (neighbors living in your apartment). But with some restrictions. You can’t spontaneously kick anyone out, but you can take a few simple steps. Please note that most often you have to deal with eviction through the courts. And here success depends on your actions. The more correct they are, the more chances you have of winning.

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.

Having children

Evicting tenants with a child is not so easy. Often such families resort to renting housing, but they are not able to fully comply with the terms of the contract. You can make concessions, but all patience and mercy come to an end sooner or later. And the question of eviction will still arise someday.

What's the best way to proceed? Firstly, families with children should be given time to find new housing. 2 to 6 weeks is the average. Secondly, if people have temporary registration in your apartment, their eviction is possible only after registration in another place. So this process is not so simple. It doesn’t matter what time of year you plan to vacate your home - temporary registration gives tenants certain rights. They will have to be respected. In any case, all proceedings will have to be carried out in court. Without it, you may get into trouble. You should also go to court if the terms of the contract are violated by a family with children, because there is a limit to everything. None of the neighbors will tolerate constantly screaming children and noisy parents. If you do not resolve the situation yourself, then they will write complaints against you as if you are a landlord who is unable to resolve problems with tenants. And then it will be necessary to hold the defense and fight at the same time.

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.

• 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!

1. via the form (below), or via online chat
2. Call the hotline:

Oral form

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.

You will be required to contact law enforcement agencies. They will show up at the apartment without warning and show the tenants the exit. In this case, you will, of course, have to pay a fine. For what? For concealing income and tax evasion. But, as practice shows, if you indicated somewhere in your declarations information about making a profit from the apartment, you do not need to give any money. And of course, the police don’t particularly like to interfere in housing issues. Therefore, it is rarely possible to get rid of tenants who do not disturb the peace and quiet so easily and simply.

When is it necessary to send a document?

You can’t just evict a person from an apartment. This requires compelling reasons. The reason for eviction may be the following situation:

• failure to make rental payments under the agreement;
• use of living space other than for its intended purpose (for example, equipment in a warehouse apartment);
• the residential property is in disrepair;
• the house is planned to undergo major renovations in the near future;
• transfer of property rights to another person;
• changing the purpose of the premises;
• other reasons.

However, one unfounded reason is not enough. The existence of a reason must be proven. Any documents related to the case can be used as evidence. For example, this could be an order from the administration, written complaints from neighbors, etc.

But even in cases where eviction is justified, the tenant must be given notice of the impending eviction. Evicting a person without a properly issued notice is arbitrary. Such actions will be challenged in court, even if the eviction was carried out directly by the owner of the apartment.

The most common reasons for eviction are: non-payment of housing and communal services, lack of payments for mortgage housing and violation of the terms of the agreement with the owner of the premises. Let's take a closer look at them.

Non-payment of utilities

If we are talking about a privatized apartment, then it is worth saying right away that eviction of the owner is almost impossible. Debts for utilities are not a reason for losing living space.

In this case, the notification sent will be in the nature of a demand for payment of the resulting debt. In this case, the text must contain the amount of debt and details for transfer.

It's another matter when the apartment is municipal. Failure to pay utility bills is a direct violation of the terms of the social tenancy agreement. Accordingly, the tenant will most likely be evicted into worse conditions. The exception is the presence of minor children. In any case, the tenant must receive an eviction notice. Otherwise it will be illegal.

Mortgage loan arrears

An apartment purchased under a mortgage agreement serves as security for loan repayment. It is registered as collateral when receiving a loan. Accordingly, no legal actions in relation to such real estate are possible without the consent of the mortgagee, that is, the bank.

Despite the fact that according to the documents the borrower is the owner, his property rights are largely limited. The encumbrance is removed only after the debt is paid.

Late monthly loan payments are grounds for eviction of residents. The bank will provide the option of reimbursement in installments. However, if this measure does not achieve the desired result, the defaulter will be sent a claim or demand for payment, followed by an eviction notice.

If the terms of the agreement provide for the possibility of alienation of the apartment and eviction in case of late payment, then the bank has the right to exercise this right without the intervention of judicial authorities. This is provided for in Art. 55 Federal Law No. 102 “On Mortgage”.

Violation of contract terms

The owner of the residential premises or the creditor has the right to prescribe the terms of the contract that are beneficial only to them. If these conditions are violated, the tenant may be evicted.

The most common violations:

• late payment of rent - 2 months for a short-term contract, six months for a long-term one;
• late monthly mortgage payment – ​​it is possible to send a notice as early as the second month;
• damage to property or premises;
• refusal to provide access to the apartment to municipal service employees;
• violation of sanitary standards;
• unauthorized redevelopment of the apartment;
• subletting premises, etc.

In all of the above cases, a notice, demand or warning is sent to the tenant.

Nuances of early termination

When tenants are in no hurry to pay off debts for rented housing, a variety of reasons can be given: loss of earnings, illness, life troubles, etc. At the same time, the homeowner is not obliged to provide his square meters for free, since in this case we are talking about a commercial transaction that is not related to social norms.

When to evict?

One late payment under the contract does not give the right to early eviction.

According to the law, you can demand to vacate the occupied living space only in case of delay in payments for 2 or more months. Since, with a contract for a period of more than one year, the lessor has the right to demand termination only after accumulating a six-month debt, many prefer to initially enter into contracts for a shorter period - within 11 months. This gives the right to make claims against tenants after only 2 late payments, and also frees them from the need to register rental relations with the Federal Tax Service.

Any party to the transaction has the right to terminate the contract early by notifying the other party to the lease transaction about the upcoming changes within two weeks. If, during an inspection of the apartment, damage to property was revealed, the tenant is obliged to compensate for the damage caused.

Is it possible to evict if there is temporary registration?

Sometimes tenants agree to rent on the condition that the owner of the property obtains a temporary registration. In the future, if you intend to part with the debtor tenants, serious difficulties arise until the end of the registration period. If permanent registration is issued, the tenant acquires the right to stay in the rented apartment indefinitely.

The issue of eviction and discharge of a minor is especially acute. Agreeing to register a child so that the tenant parents can exercise the civil rights of their child, the owner will inevitably face the problem of eviction of the registered person if there is no alternative place of registration. It will be necessary to involve the guardianship authorities, which often defend the rights and interests of the minor.

Sample notice of eviction from an apartment

» » June 01, 2021 No comments Contents In accordance with the provisions of Art. No. 103 of the Housing Code of the Russian Federation defines: The basis that is the reason for the eviction of residents from the buildings of a specialized fund is the early termination or termination of the rental agreement for living space, in the event that the tenants do not agree to voluntarily remove them from the premises, eviction may be carried out in accordance with the court order.

The same provision in the second part determines the list of persons who cannot be evicted from a hostel or service-type housing without the mandatory provision of alternative living space.

In the regulations of Art. No. 133 of the Housing Code of the Russian Federation establishes: Basic reasons for the expulsion of participants in a housing cooperative: they undertake to evict from the residential premises if they do not pay the full amount of the share payment on time, or if they were excluded from the cooperative.

According to the provisions of Art. No. 35 of the Housing Code of the Russian Federation, the following may be expelled from a residential premises: Persons who, in accordance with a court order or testamentary disclaimer, occupy it, if such living space is not used for its intended purpose, if the rights of neighbors are violated, or if their actions cause damage to property.

In accordance with the provisions of Art. No. 32 of the Housing Code states: The owner may be evicted from the living space due to the planned demolition of the building, in which case he must receive compensation, in cash or in kind. The procedure for determining a house as unsafe, one that is subject to demolition, is determined by the following regulatory legal act: Decree of the Government of the Russian Federation No. 47, dated January 28, 2006 - upon approval of the relevant resolution by the interdepartmental commission, it is necessary to comply with the regulations for notifying residents, the procedure for providing them with legal compensation. A similar basis for eviction from a real estate property is used for a tenant under a social tenancy agreement (according to Art.

No. 86 LC RF) with the only difference - a person does not have the right to choose an appropriate form of compensation. In any case, residents are provided with new living space, which corresponds to the previous one in terms of total square footage.

The basis for discharge may be non-payment of housing and communal services if the amount of debt has accumulated over half a year. Such a room must meet certain parameters:

1. location of the object in the same city.
2. in accordance with current standards and conditions, be suitable for living;

During the eviction of residents for non-payment, the square footage of the new apartment is calculated in accordance with the standards for provision in the case of discharge to a hostel.

Such provisions are spelled out in Article No. 90 of the Housing Code of the Russian Federation. However, this rule applies only to tenants of municipal housing. In any case, they are provided with new living space.

Tenants with neighbors

It often happens that neighbors are not happy with the people to whom apartments are rented. The reason for this may be various circumstances. But, as practice shows, most often dissatisfaction appears in the presence of noise and deviant behavior. Please note that no one can violate your rights. You can legally defend yourself and evict your neighbors' tenants.

You will have to try hard for this. But you won’t be able to solve the issue on your own. In any case, you must go to court. And only in court to deal with the eviction of tenants from neighbors. Stock up on evidence of deviant behavior and sabotage, and then go to the judicial authorities. Please note that most often you will have to look for witnesses who also suffer from the behavior of neighboring tenants or people who saw your suffering. They must be disinterested persons. In any case, only in court can you achieve justice. The claim is filed in the name of the neighbor himself, and not the tenant.

How to write a notice to evict tenants

“Usually, it is handed over personally to the employer against signature.

In this case, the debtor will be asked to put his signature with a transcript and the date of receipt on the copy of the notice. Another option is sending by mail. The letter must be registered with notification.

The plaintiff will attach it to other documents that he will submit to the court. It is possible that the employer is absent from his place of permanent registration.

In this case, the plaintiff will receive an envelope with o. Thus, service of notice to the evicte must be proven.

Court decision A citizen can receive an eviction notice if he has not deposited funds within 6 months. Moreover, the legislator formulates this rule, implying continuous non-payment of bills. Home / Housing disputes / Notice, demand, warning about eviction from an apartment and residential premises Contents

1. 4 Sample notice, requirement, warning about eviction from an apartment
2. 2 Notice, demand, warning - difference
3. 1 Reasons for eviction
4. 6 Legal assistance
5. 5 How to send a notification?
6. 3 How to correctly draw up a notice of eviction from a residential premises

Termination of the right to use residential premises means the eviction of a person from the area 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.

AlloYurist - Housing disputes - Notification, demand, warning about eviction from an apartment Contents

1. 3 How to write a requirement correctly, its sample
2. 1 Reasons for eviction
3. 6 Need a lawyer
4. 4 How to correctly compose a notification, its sample
5. 5 How to serve a warning, demand, notice
6. 2 How to write a warning correctly, its sample

There are often situations when the owner of a residential property objects to the fact that other people live in his apartment.

Can he defend his rights and evict unwanted persons?

Yes, this can be done either voluntarily or compulsorily. Let's consider the question of what documents can help with eviction.

Reasons for eviction As already mentioned, a person can be evicted from an apartment either by mutual agreement of the parties or by a court decision. Despite the fact that the law prohibits renting apartments without a formal contract, many landlords ignore this prohibition.

Most often this is due to the reluctance to pay taxes on the income received for rent.

If the parties have entered into a lease agreement, this largely protects them from improper behavior of the counterparty.

Provided that the contract does not stipulate otherwise, the tenant has the following rights:

Eviction through court

If peaceful negotiations with defaulters do not produce results, the owner goes to the district court at the location of the apartment.

Download the Statement of Claim for Eviction of Tenants. Sample (19.5 KiB, 600 hits)

Claim for termination of a tenancy agreement (plaintiff - homeowner). Sample (58.5 KiB, 782 hits)

The basis for consideration of the case is a statement of claim drawn up according to the sample, with the obligatory indication of the following information:

• Personal information about the defendants, passport details, full name, registration.
• Basic information about the terms of employment, date and place of drawing up the contract.
• The period for which the debt arose, other reasons that served as the reason for early termination of the contract.
• The formulated demands of the claim are forced eviction, termination of the contract, collection of debt and penalties, etc.
• Reference to legal provisions providing grounds for forced eviction.

The application must be accompanied by a document confirming payment of the fee, and in the text of the application, if desired, the plaintiff asks to recover costs from the defendant. In addition to court fees, costs also include paid legal services for eviction.

The court decision in itself is not the end of the procedure. It will be necessary to verify the fact of proper execution and final settlement with residents. Sometimes, even after a court verdict, tenants evade its execution. Bailiffs, who have fairly broad powers within the framework of enforcement proceedings, come to the aid of the owner.

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. Don’t forget to prepare the remaining documents for checkout from the apartment—read which ones exactly on our website.

What to do after receiving?

Receiving an eviction notice is not a death sentence. If you receive this paper, you must eliminate the reasons that provoked the owner to draw it up, and in the future comply with the living conditions that were agreed upon with the owner of the property.

Upon receipt of a claim-demand, it is also recommended to fulfill everything that the owner of the apartment indicated in it. Often a warning and a complaint have a “sobering” effect on tenants.

If a demand or warning has been sent, it is not recommended to ignore it. Otherwise, legal proceedings are threatened.

Receiving a notification is the last step. All requirements of the document must be fulfilled unconditionally and without extension of deadlines .

Drawing up papers to evict an apartment is a troublesome task, so if in doubt, it is better to turn to specialists for advice and help.

General grounds for discharge

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

In Art. 133 of the RF Housing Code mentions:

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

Art. 32 of the RF Housing Code states:

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

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

When there is an agreement

What to do when you have concluded the relevant agreement in writing? As already mentioned, a lot depends on the deadline and rules specified in the text. As soon as the document ceases to be valid, the tenants will have to leave the property. If you refuse, you can safely call the police and wait until your tenants are helped to vacate the apartment. If for some reason you had to deal with eviction before the contract was terminated, you must send a certain notice. Are you getting your subscription rejected? Then voice the eviction in front of independent witnesses. Don't forget to give yourself time to find a new home. And if no one listens to you anyway, you can safely go to court.

Features of drawing up notifications, requirements and warnings

Even based on the names of the documents, it is obvious that they differ from each other. Before you start drafting a paper, you need to familiarize yourself with the features of each of them.

If you do not want to understand the legal intricacies yourself, we recommend entrusting the work of drawing up a competent document to a professional.

Warning - rules, sample

This document is intended to inform the tenant that his behavior is inappropriate from the point of view of the owner. For example, this may be caused by a technical violation. Then the owner of the living space will demand that the problems be fixed at the expense of the resident’s money.

The warning must include the following information:

Ad block:

• identification data of the addressee;
• information about the existence of ownership rights with reference to the date of registration;
• the basis for the tenant’s use of the apartment (lease agreement, family ties, etc.);
• the date of expiration of legal residence, if determined;
• conditions under which further residence is possible;
• the date by which the premises must be vacated;
• an indication of the intention to go to court if the requirements are not met;
• date of compilation and signature of the owner.

It is necessary to obtain a receipt from the addressee confirming that he has read the text of the warning. As a rule, the signature is placed on a duplicate of the document, which remains with the owner.

An eviction notice gives the tenant a chance to remain in the apartment if certain conditions are met. In other words, he must eliminate the reason that prompted the owner to write a warning.

Sample warning:

Requirement - rules, sample

There are two types of requirements: notification and compulsory. A notice requirement is written to inform tenants that they need to leave the premises. However, the reason does not necessarily lie in their inappropriate behavior. A notification requirement can be drawn up, for example, in the case of a planned sale of living space.

The coercive requirement is more insistent. The owner prescribes a strict condition in the document: eliminate the violation or leave the apartment. Usually this has a “sobering” effect on residents and all shortcomings are eliminated. However, this is not always the case. Then the owner has to go to court.

The request form is not unified. The document is drawn up randomly. Its structure is similar to a warning, but without specifying the conditions for a possible extension of the period of residence in the apartment.

In addition, the text of the requirement should state that, in accordance with Art. 35 of the RF Housing Code, you intend to go to court if the claim is not satisfied in full.

Sample requirement:

Notice - rules, sample

This document is sent to the tenant after the court decision has been made. The notice contains the reason for the eviction and a reference to the relevant court order.

The eviction period specified in the notice is final. If the tenant does not move out within the specified period, the owner has the right to involve the police or bailiffs.

The text of the notification must indicate:

• data of the resident and owner;
• the address from which the person needs to move out;
• reason for eviction with reference to the court decision;
• deadline for vacating the premises;
• signature and date of registration.

It is recommended to indicate the exact coordinates of the apartment in the text of the notification. In addition to the street and house number, you should indicate the building, entrance, floor and technical information. In this case, you will eliminate all possible misunderstandings.

Sample notification:

Regulatory regulation

In Art.
209 of the Civil Code of the Russian Federation states that the owner has the right to dispose of his property at his own discretion. However, the actions of the owner of the premises must not contradict the provisions of the current legislation. For example, if housing is leased, then the rights of tenants must be respected, and the owner’s right to dispose of housing is limited. There must be a compelling reason to evict a tenant. They follow from the provisions of Art. 678 Civil Code of the Russian Federation. It states that the employer has financial obligations under the tenancy agreement. If a debt arises, the agreement may be terminated. The process is carried out in compliance with the provisions of Art. 687 Civil Code of the Russian Federation. There may be a need to go to court. If the applicant’s demands are satisfied, the contract will be terminated and the tenants will be evicted in accordance with the requirements of Art. 688 Civil Code of the Russian Federation.

Notice, demand, warning about eviction from an apartment

» » 2 Contents Termination of the right to use residential premises is most often initiated by the owner of the premises.

But the procedure for forced eviction is quite complicated; you will need to follow all the nuances, go through all the stages of eviction, including sending a warning to the tenant, then a demand, and finally, after a positive court decision, a notice of eviction. According to the law, every citizen of the Russian Federation has the right to housing, but sometimes tenants lose this right due to some circumstances.

Sometimes a tenant can change these circumstances (in the case when he violated any rules of the hostel, but after a warning about eviction he stopped doing so), but often such a happy way out of the current situation is impossible and the tenant faces eviction. What reasons can lead to eviction:

• Carrying out major repairs in the building in which the rented residential premises are located.
• Long delays in payment of utility bills or rent for residential premises.
• Transfer of an apartment to another owner (in accordance with a purchase and sale agreement, gift, or the entry of a new apartment owner into an inheritance).
• Use of residential premises for purposes other than their intended purpose.
• Recognition of a property as unsuitable for habitation or in disrepair.
• Other legitimate reasons.

Any owner should keep in mind that it is impossible to simply evict a tenant from a residential premises without reason.

You always need valid reasons for eviction, otherwise the court will not satisfy the plaintiff’s demands. Even from the names themselves it becomes clear that these are three different documents. Therefore, before you begin to draw up any of them, you should understand what purpose each of them serves and what it represents from a legal point of view. If the tenant behaves inappropriately or violates the terms of the lease agreement, the owner of the residential premises must warn the tenant about the inadmissibility of his behavior.

For example, if a tenant has committed any violations of a technical nature (changed communications, moved a partition, etc.), the owner of the apartment sends the tenant an initial pre-trial claim - a warning, where he invites the violator to eliminate everything at his own expense. Usually, the owner is required to correct the violations committed by the tenant residential premises gives a certain period. And only if the tenant ignores the warning, the owner of the residential premises can proceed to the next stage of pre-trial resolution of the dispute - sending the tenant a demand for eviction. For example, citizen Ivanov rented out his apartment to citizen Petrov.

For the first six months, the tenant behaved calmly, but then the neighbors began to complain to the owner about the constant noise in the apartment, music was playing loudly at night, screams and the noise of a fight were constantly heard from the living room. Ivanov sent his tenant a warning about the inadmissibility of such behavior and the demand to stop disturbing the peace of the neighbors.

Preparation

It is not always worth solving the problem so radically. Is it possible to evict tenants in winter? Actually, yes. Just before suing and arguing, try to solve the problem peacefully. Sometimes such a technique is quite possible. Especially if people have adequate behavior and you just need your living space back. How should you proceed?

Come and say “Move out!” it is forbidden. This is a direct violation of the Constitution. But you can warn about eviction. Especially when you enter into an agreement verbally and reaffirm it every thirty days. Warning must be given one month before the proposed eviction. During this period, tenants will be able to find new housing. So please note: unauthorized eviction is not possible. If you are sued, you will definitely win.

Going to court

Procedure

Information that must be in the application:

Third parties are brought in to consider a case of forced eviction from an apartment. This:

The claim must be accompanied by documents that confirm the plaintiff’s words and can serve as evidence in the case.

The list of attached documents is indicated at the very end of the claim, before the date and signature of the plaintiff.

Within 5 working days after receiving the application, the court must make a ruling on whether to consider the claim or refuse, and a copy of the ruling is sent to the plaintiff.

Additional documents

The following must be attached to the claim:

Restrictions on eviction of tenants during the cold season

There are no restrictions in current legislation prohibiting the eviction of tenants in winter. The owner has the right to demand that measures be taken against tenants, regardless of the time of year. The main thing is the existence of legal grounds for forced eviction.

However, the court may take into account the situation of the tenants and take into account that they have nowhere to go. In this case, eviction is not carried out immediately. People may be given time to find alternative housing.

✅ Is it possible to evict tenants with and without children in winter?

an 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.

It’s another matter if it is municipal housing under a social rental agreement with the administration. The owner is a local government body or a separate department. You cannot evict a tenant and his family members during the winter season. A logical explanation for this is that low-income families will have nowhere to go, and finding new housing in the winter is quite problematic (see “Can they be evicted from an apartment if there is no other housing?”)

Another case is the eviction of tenants with children. There are no special problems here either. Just like adults, minors are also evicted , not only in the summer, but also during the heating season. The child’s right to live with his parents is indicated by Art. 20 of the Civil Code of the Russian Federation, as well as Art. 54 RF IC. Read more about this in the article “Eviction of minor children”).

No concessions are provided for tenants with or without children. The only thing they can count on is a delay in eviction. But this is possible only with the consent of the apartment owner. The courts provide such a deferment to tenants upon their request.

If residents have small children

The legislation of our country is quite strict regarding the eviction of minors, especially forcibly. But this principle is relevant only in situations where minors live on square meters owned by their parents or guardians or provided on the basis of social rent.

If it is necessary to evict a family with children from rented housing, then this rule does not work. The owner of a rented apartment has the right to expel any tenant from his living space. In the case where a family with minors lives, you need to take into account a couple of nuances:

1. Firstly, it is necessary to warn tenants with children about eviction in advance, so that people can find alternative options.
2. Secondly, it will not be possible to urgently evict a family with minors, especially if there are minor violations on the part of the tenants.

Otherwise, the process of clearing an apartment from unwanted tenants with offspring is similar to the eviction of childless tenants. If there is an agreement, then action must be taken through the court. When renting on the basis of oral agreements, the problem of eviction will have to be resolved through the police department.

Submission rules

Well, if you were unable to resolve the issue amicably and need to go to court, you will have to be well prepared. More precisely, make a list of documents that will be required of you. And, of course, present them to the appropriate authority. What is required to evict tenants? You need to have all this on hand:

• independent witnesses;
• evidence of violations;
• housing rental agreement (with a copy);
• passport;
• an eviction application with the exact address and details of the landlord.

Basically, that's all. Judicial practice shows that nothing more is needed from you. The main problem is finding the necessary witnesses (they are not always necessary), as well as collecting evidence of your own innocence.

✅ How to evict tenants during the winter period with a contract?

Law-abiding landlords enter into a social rental agreement, and some even have it certified by a notary. This document serves as a guarantee that the parties are protected by law and can defend their interests in court.

We recommend reading: How to evict a registered person from an apartment if he does not agree?