Many people use the home they own to rent out. However, sometimes agreements are not fulfilled due to the tenant’s violation of payments for the occupied premises. In this case, there are not only sanctions specified in the contract, but also the opportunity to evict the tenants.
If tenants don’t want to move out and pay too, it’s time to take active action. The first thing you should do is review the lease agreement. It is possible that tenant behavior is facilitated by vague language in the terms of the agreement.
For example, it may not indicate when the payment for accommodation is due, i.e. when signing the lease agreement, they simply forgot to indicate the exact dates.
If a tenant does not pay rent, what to do, how to evict tenants from a rental apartment
We repeat once again - study the rental agreement for residential premises! Particularly noteworthy are those sections that relate to the procedure for paying rent and the conditions for early termination of the agreement.
According to the law, the owner of the apartment receives the right to early termination of the contract if the tenant does not pay rent for 2 months.
When a tenant does not pay for a rented apartment, he must first be notified in writing of his desire to terminate the contract early. In this case, this will be considered a unilateral termination of the contractual relationship.
If the tenants do not want to leave and have not vacated their housing within the time period established by the notice, they can go to court.
It is advisable to serve the notice in the presence of witnesses. Then, if the tenant refuses to receive it, witnesses will record this fact in writing.
When the tenant, after all the persuasion, refuses to vacate the apartment, he will have to prepare a lawsuit for forced eviction. And after the court decision, bailiffs and law enforcement agencies will come to the aid of the home owner.
Rented apartment without a lease agreement
Quite often apartments are rented out without legal registration. Most often this is done if the tenants are relatives or acquaintances. Everything here is built on personal relationships and agreements. But in the event of conflict situations, you will have to act by other methods, since it is very difficult to demand compliance with obligations that are not recorded anywhere.
If it is not possible to disperse peacefully, there is only one way out - call the police. Since the legality of residence of temporary residents is not indicated anywhere, their presence on the private territory of the apartment owner is illegal. Warn law enforcement officers in advance that there are strangers in your apartment. It is also necessary to prepare in advance all the documents confirming your rights to living space; they will certainly be interested in them.
How to evict a tenant if there is no agreement
It often happens that people are allowed to live in an apartment without formalizing all relationships in writing. However, eviction of tenants without a contract is also possible.
In this situation, you need to act using traditional legal methods. How to competently evict tenants from an apartment without a contract?
The owner of the apartment has the right to completely calmly change the locks on the doors without warning anyone about it. You can invite representatives of the management company and the district police officer for this procedure, providing documents confirming ownership of the residential premises.
In the event that arrogant tenants take a defensive stand, it is also necessary to go to court with a claim for eviction. Unfortunately, the procedure is long, but there are no other options.
If there was no rental agreement for the apartment, then collecting the rent arrears will be very difficult, but possible. To do this, you need to order a certificate from the Chamber of Commerce and Industry about the average market cost of renting an apartment in your case.
It is, of course, possible to kick out insolent tenants using radical measures, throwing all their property onto the landing or into the yard, but this is already a scandal with all the ensuing consequences.
Some desperate homeowners write a statement to the police that unauthorized persons have entered the apartment. This method of getting rid of unscrupulous tenants also takes place.
Procedure
Can I evict tenants, and how to do it correctly? The eviction procedure depends on the conditions under which people live. types of hiring :
- hiring without a written agreement;
- rental of real estate under contract.
When hiring without a contract
How to evict people if there is no agreement? This option for renting out housing is most often used when moving in relatives or friends. But often, by verbal agreement, owners move strangers into their living space.
With this option, you can evict unscrupulous tenants on demand . But only if the residents agree to the requirement and leave the living space without objection.
But often employers do not agree with the claims and refuse to leave, threatening to file a complaint with the tax authorities.
Indeed, if they prove the paid nature of the stay and the facts of the transfer of funds for rent, the owner may have quite a few problems.
Read on our website about what liability is provided for the illegal rental of residential real estate.
Therefore, to avoid unpleasant consequences , use the help of a lawyer to resolve the issue of eviction. You can do the following yourself:
- Come to the apartment when the tenants are on its territory, taking the title documents for the property and a passport.
- While there, call the police and report that there are unauthorized persons in the apartment who refuse to leave it voluntarily.
- If suddenly the tenants changed the locks, then call the Ministry of Emergency Situations and the police to open it. Documents and a passport must also be with you in order to show your rights to living space.
Police officers will help you expel unwanted guests legally.
In the absence of a written contract, residents can be evicted at any time of the year , even if they have minor family members.
When renting under a contract
Do not use measures such as threats or changing locks. These methods are illegal and may harm you in the first place. In such actions, the law will be on the side of the tenants, and the landlord will suffer material losses .
Renting an apartment with a concluded contract protects not only the rights of the owner, but also the rights of the tenant.
Therefore, in case of refusal to leave the apartment voluntarily, you can only evict your tenants through the court.
It is he who, if there is appropriate evidence, can officially terminate the existing contract.
There are several options for the development of events in such cases:
- The document contains a clause on the conditions for its early termination.
- Failure to pay rent .
- Non-payment of utilities .
- Violation of neighbors' rights.
- Destruction or damage to property .
- Eviction from a small family or communal apartment.
Conditions may be for non-payment of rent, use of the premises for other purposes, violation of the rights of neighbors, damage to property, etc. An eviction under these terms requires service of a termination notice. Tenants must sign both copies upon receipt.
two witnesses present during delivery , since residents may refuse to sign. In this scenario, you read the notice out loud and ask witnesses to sign. The notice must then be filed with the court if the tenants do not vacate voluntarily.
How to evict tenants for non-payment? Violation of obligations to pay for renting an apartment is a valid condition for breaking the contract.
To prove the absence of payment for any period, each payment must be included in a statement .
Try to collect and complete as many documents as possible when renting out an apartment. This will be useful as evidence when going to court.
Often, when drawing up an agreement, the amount of rent payments includes payment for utilities . To claim payments from tenants, you must first renew the contract with service providers for the tenants. Otherwise, the homeowner must .
Re-issuance of a document is practiced when concluding a long-term contract.
In any case, failure to pay utility bills may serve as grounds for termination of the lease agreement.
Noisy tenants are a problem not only for the owner of the premises, but primarily for the neighbors. If they constantly complain about inappropriate behavior of tenants. According to Article 687 of the Civil Code, a contract can be terminated on the basis of systematic violations of the rights and interests of neighbors .
If your tenants constantly violate public order or have noisy parties, ask your neighbors to file a police report. Based on the protocol drawn up by the district police officer, you can present a demand to immediately leave the apartment.
In this case, it is not even necessary to notify the tenants 2 months in advance, since there was already a previous warning about eviction in case of inappropriate behavior.
Actions of the tenant that lead to damage to the owner's property or destruction of the apartment are good grounds for eviction.
However, the law provides a period for eliminating violations and restoring the premises.
The court usually gives from 6 months to 12 months to comply with the requirements. Eviction occurs if the tenants do not cope with the requirement within the allotted period.
Living in this type of housing has its own characteristics . Close interaction between citizens living on the territory requires everyone to comply with established norms of behavior. Therefore, if the tenants do not satisfy other tenants with their actions, they can be evicted based on complaints received. Provide tenants with a 2-month notice and remove them from the apartment upon expiration of the period.
A written statement from neighbors in a communal apartment or small family can guarantee the success of the eviction.
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.
Reasons for eviction
A property owner may be guided by several laws that provide for liability for failure to comply with the order. Tenants must vacate the apartment within the period specified in the relevant notice if the following situations occur.
Unspecified housing use option
If the tenant uses the living space not for his own residence, but for the purpose of obtaining personal financial gain, then the owner has the right to demand eviction. It is absolutely unacceptable to re-rent a rented apartment to third parties. This is an illegal action for which certain liability is provided.
Damage to property
For a specified amount of time, the tenant has the right to use those things that are in the rented housing: refrigerator, TV, washing machine, etc. If, in addition to a persistent reluctance to leave the place of residence, the tenant has also damaged part of the owner’s property, then the latter has the right to insist on immediate eviction. In addition to this action, the tenant is obliged to pay monetary compensation for damage caused.
Disruption of order
Sometimes neighbors begin to complain to the owner that the tenant is behaving inappropriately. In the event of a systematic violation of public order, appropriate measures may be taken against the tenant. The tenant will not be able to prove his non-involvement in any way if the facts testify against him.
Non-payment of rent
This is a very serious reason that cannot be ignored. If the tenant does not pay the agreed amount, then any complaints about the fact that he does not have the means to rent should not be misleading. Each person, when moving into someone else's apartment, assumes certain obligations. Manipulating one's own failures and appealing to pity is an unacceptable method of retaining the right to use housing. After all, the owner should not allow a stranger (not a relative) into his apartment for free. Such actions are considered a violation by law and can be used as grounds for forced eviction.
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.
Unexpected sublease
The tenant has the right to sublease the rented premises only with the consent of the owner, unless otherwise provided by the agreement. This is stated in Article 615 of the Civil Code. Alas, in practice this article is not always observed.
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The owner can rent out an object for a long period of time without any control and without checking who really sits there. The tenant can use this approach to his advantage by renting out the premises to third parties. He will receive payment from his subtenants on time, but it is not a fact that he will promptly pay the landlord. Debts in such abuses are not uncommon. The owner can only demand money for rent from the tenant.
In practice, there was a case when the owner of the premises, after a long pause, came to visit the tenant due to a many-month delay in rent payment. The owner was surprised when other companies showed him sublease agreements and explained that they paid their payments monthly. The contract with the tenant was promptly terminated, but by this time it had begun its liquidation. It was not possible to collect his debt in full.
What to do if tenants do not want to move out of the apartment and do not give up the keys
Naturally, it is first of all desirable to resolve the issue amicably, to come to an agreement with unscrupulous tenants, in order to convince the tenants to vacate their living space voluntarily.
Otherwise, written warnings will first follow with a requirement to vacate the living space.
In this case, it is worth having for yourself an act of delivery or non-delivery, notice of termination of the lease agreement, or a postal receipt with an inventory of the contents, confirming that it was sent to unscrupulous tenants.
It would also be useful to communicate with the local local police inspector. He has the right to conduct a preventive conversation with tenants.
If there is a written lease agreement, a lawsuit is filed in court for eviction. He is addressed to the court at the location of the rented apartment, which they do not want to vacate.
In the documents submitted to the district court, you should write about the lease agreement, indicate evidence of the debt, and also mention pre-trial ways to resolve the conflict.
Be sure to raise the issue in your lawsuit not only about eviction, but also about collecting the accumulated debt for rent and utility bills.
When the court decision comes into force, the next step will be to obtain a writ of execution. Even when the case is heard on appeal, it is issued by the trial court.
There can be two writs of execution: for the eviction itself and for collection of debts for all payments. In any case, you should contact the bailiffs for help in evicting impudent tenants from the apartment.
What to do when there is no agreement?
Or talk to the tenants, and they will voluntarily vacate the apartment. Or resolve the issue with the help of the police. In particularly difficult cases (when the tenants do not contact you or behave extremely aggressively with you, do not want to move out and do not want to pay either), it is worth going to court.
Evicting unscrupulous tenants is not an easy process. Especially if you had to resort to court. If this happens to you, be patient and do not take illegal actions .
After all, if there were no violations on your part, the court will certainly resolve the situation in your favor. And remember that in any matter you can always count on the assistance and competent assistance of a highly qualified lawyer.
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.
Problems with tenants
How to evict tenants who do not pay under the rental agreement and what to do if unscrupulous tenants do not want to move out?
You are unhappy with the tenants living in the apartment and want to evict them.
Their behavior violates oral or written agreements, and the decision to evict is made.
But how to do this legally and without unnecessary problems?
What laws protect homeowners?
How to evict tenants from a rental property? According to the law, termination of a contract can be carried out at the initiative of the employer, the lessor, or by decision of government authorities. In this case, the property owner may have several reasons for eviction of tenants:
- use of housing not for residence, but for organizing commercial activities; — destructive actions of the tenant in relation to property; — violation of the interests of neighbors; - non-payment of rent; — subletting housing to other persons; — other violations of agreements with the owner.
All these violations are grounds for termination of the agreement and eviction of tenants in accordance with the Civil Code of the Russian Federation.
In accordance with the legislation of the Russian Federation, the landlord and the tenant can introduce any rental conditions into the rental agreement at their own discretion. How to evict people who don't pay?
Procedure
Can I evict tenants, and how to do it correctly? The eviction procedure depends on the conditions under which people live. There are two types of hiring:
- hiring without a written agreement; - rental of real estate under contract.
When hiring without a contract
How to evict people if there is no agreement? This option for renting out housing is most often used when moving in relatives or friends. But often, by verbal agreement, owners move strangers into their living space.
With this option, you can evict unscrupulous tenants on demand. But only if the residents agree to the requirement and leave the living space without objection.
But often employers do not agree with the claims and refuse to leave, threatening to file a complaint with the tax authorities.
Indeed, if they prove the paid nature of the stay and the facts of the transfer of funds for rent, the owner may have quite a few problems.
Therefore, to avoid unpleasant consequences, use the help of a lawyer to resolve the issue of eviction. You can do the following yourself:
— Come to the apartment when the tenants are on its territory, taking the title documents for the property and a passport. - While there, call the police and report that there are unauthorized persons in the apartment who refuse to leave it voluntarily.
— If suddenly the tenants changed the locks, then call the Ministry of Emergency Situations and the police to open it. Documents and a passport must also be with you in order to show your rights to living space.
Police officers will help you expel unwanted guests legally.
In the absence of a written contract, residents can be evicted at any time of the year, even if they have minor family members.
When renting under a contract
Do not use measures such as threats or changing locks. These methods are illegal and may harm you in the first place. In such actions, the law will be on the side of the tenants, and the landlord will suffer material losses.
Renting an apartment with a concluded contract protects not only the rights of the owner, but also the rights of the tenant.
Therefore, in case of refusal to leave the apartment voluntarily, you can only evict your tenants through the court.
It is he who, if there is appropriate evidence, can officially terminate the existing contract.
There are several options for the development of events in such cases:
— The document contains a clause on the conditions for its early termination.
— Conditions may be provided for non-payment of rent, use of the premises for other purposes, violation of the rights of neighbors, damage to property, etc. An eviction under these terms requires service of a termination notice. Tenants must sign both copies upon receipt. It is advisable to have two witnesses present during delivery, since residents may refuse to sign. In this scenario, you read the notice out loud and ask witnesses to sign. The notice must then be filed with the court if the tenants do not vacate voluntarily. — Failure to pay rent.
How to evict tenants for non-payment? Violation of obligations to pay for renting an apartment is a valid condition for breaking the contract.
To prove the absence of payment for any period, each payment must be included in a statement compiled independently.
Try to collect and complete as many documents as possible when renting out an apartment. This will be useful as evidence when going to court.
— Non-payment of utilities by residents.
Often, when drawing up an agreement, the amount of rent payments includes payment for utilities. To claim payments from tenants, you must first renew the contract with service providers for the tenants. Otherwise, the homeowner must pay.
Re-issuance of a document is practiced when concluding a long-term contract.
In any case, failure to pay utility bills may serve as grounds for termination of the lease agreement.
— Violation of the rights of neighbors.
Noisy tenants are a problem not only for the owner of the premises, but primarily for the neighbors. If they constantly complain about inappropriate behavior of tenants. According to Article 687 of the Civil Code, a contract can be terminated on the basis of systematic violations of the rights and interests of neighbors.
If your tenants constantly violate public order or throw noisy parties, ask your neighbors to file a police report. Based on the protocol drawn up by the district police officer, you can present a demand to immediately leave the apartment.
In this case, it is not even necessary to notify the tenants 2 months in advance, since there was already a previous warning about eviction in case of inappropriate behavior.
— Destruction or damage to property.
Actions of the tenant that lead to damage to the owner's property or destruction of the apartment are good grounds for eviction.
However, the law provides a period for eliminating violations and restoring the premises.
The court usually gives from 6 months to 12 months to comply with the requirements. Eviction occurs if the tenants do not cope with the requirement within the allotted period.
— Eviction from a small family or communal apartment.
Living in this type of housing has its own characteristics. Close interaction between citizens living on the territory requires everyone to comply with established norms of behavior. Therefore, if the tenants do not satisfy other tenants with their actions, they can be evicted based on complaints received. Provide tenants with a 2-month notice and remove them from the apartment upon expiration of the period.
A written statement from neighbors in a communal apartment or small family can guarantee the success of the eviction.
Obstacles and ways to overcome them
There are some conditions under which immediate termination of the agreement may not be possible. In these cases, residents can only be evicted by giving them a certain period of time to find another place to live.
Family with children
Does an apartment owner have the right to kick out tenants with small children? Homeowners are reluctant to rent out their apartments to families with children, since there are obstacles to evict them in case of any violation of the terms of the agreement.
If there are no written agreements with the tenants, then, as noted earlier, eviction will not be a problem. The timing of eviction depends on the desire of the owner; he can issue them immediately or give a period for selecting a new apartment.
If the residence is supported by a drawn up contract, then the court takes into account the interests of minors and clearly gives the tenant a delay to vacate the premises.
To avoid problems with eviction, it is advisable to specify the time for postponing move-in in advance in the contract.
If you issue temporary registration for tenants, do not allow a child to register in your living space.
The guardianship authorities may subsequently not allow you to remove the minor from your living space!
Eviction in winter
Is it possible to evict tenants during the heating season in winter? You want to evict tenants living under a contract and violating its individual clauses, but this happens in the winter.
Therefore, when drawing up the document, provide for a notice period for eviction (from 1 to 3 months). If such a point exists, eviction occurs according to established rules, regardless of the time of year.
However, even if there is no such clause in the document, you can evict tenants even in winter, since this is not prohibited by law. All references to the coldness of tenants are illegal and cannot be an obstacle to eviction.
Availability of temporary registration
Registration of temporary registration is an additional source of income for owners of vacant housing. If you have issued temporary registration for your tenants, then it will be impossible to evict them before the end of its term, even if there are significant violations of the agreement on their part.
You can only achieve termination of a contract with the help of a court, if there is strong evidence of violations.
We act through the court
What to do if the tenants don’t want to move out and don’t want to pay either? If it is impossible to resolve the eviction issue on your own, you will have to file a claim with the judicial authorities. Regardless of the reasons for termination of the agreement, the procedure on the part of the lessor is similar.
The statement of claim includes the following items:
— information about residents; — information about the contract; — a detailed description of the grounds for termination of the document; - demand for termination of contract and eviction.
It is advisable to include references to points of legislation in the application. The state fee for filing an application is 200 rubles.
The official trial has one significant drawback - the apartment will remain at the disposal of the tenants for the entire period. Only then will eviction take place. When the court decision is in hand.
As practice shows, the duration of proceedings ranges from one to three months.
Termination at the initiative of the employer
Actually, we will talk not so much about the termination of the contract, but about the sudden flight of tenants from the apartment. What to do if a tenant disappears? Such cases are accompanied by the following problems:
They didn't pay and moved out
What to do if tenants move out without paying utility bills? The only thing that can save you in this situation is a signed contract and some document confirming the facts of the monthly payment for accommodation. Civil Code of the Russian Federation in Art. 678 obliges the tenant to pay rent on time.
Civil Code of the Russian Federation Article 678. Responsibilities of the tenant of residential premises
— The tenant is obliged to use the residential premises only for living, ensure the safety of the residential premises and maintain it in proper condition. — The tenant does not have the right to carry out reconstruction and reconstruction of residential premises without the consent of the landlord. — The tenant is obliged to pay rent for the premises on time. Unless otherwise specified in the contract, the tenant is obliged to make utility payments independently.
If your tenants disappear without paying for utilities, file a lawsuit at the place of residence of the former tenants. The search for them will happen automatically, without your participation.
If the tenants who moved out also took your things with them, or destroyed the property, the amount of damage can be included in the claim.
In addition, you have the right to demand compensation from the defendant for legal costs and travel expenses to his place of residence.
If you don’t have enough time, you can hire a lawyer who will perform all the necessary actions.
In case of a positive decision, you will also recover his services from the negligent tenant.
But in the absence of a lease agreement, it is almost impossible to collect the underpaid amount from the tenant if he does not want to pay voluntarily. Of course it is possible. Intimidate him with a complaint at the place of work, but this action rarely brings the desired effect.
Moves out ahead of schedule
The tenant may decide to move out of the apartment ahead of schedule, for example, if he finds a cheaper option. He must notify about this 3 months in advance.
If you did not receive such notice, and the tenants moved out before the end of the contract, by law you can recover from them the amount of rent for three months.
Moreover, even in the case of other conditions specified in the document or in the absence of the described clause, the court will side with you. The Civil Code, which regulates the procedure for concluding rental agreements (Article 422), is stronger than any clauses. And according to the law, the tenant had to warn in writing exactly three months before eviction.
Civil Code of the Russian Federation Article 422. Contract and law
— The contract must comply with the rules obligatory for the parties, established by law and other legal acts (imperative norms) in force at the time of its conclusion. — If, after the conclusion of an agreement, a law is adopted that establishes rules binding on the parties other than those that were in force at the conclusion of the agreement, the terms of the concluded agreement remain in force, except in cases where the law establishes that its effect extends to relations arising from previously concluded agreements .
How to collect a debt
How to collect money under a residential lease agreement? In accordance with Article 654 of the Civil Code, the procedure for making and the amount of rent is an essential condition for drawing up a rental agreement for premises.
If there is no such clause in the contract, it is considered not concluded.
Article 424 states that imposing the obligation on the tenant to pay for housing and communal services is not considered a form of rent. Therefore, before going to court, carefully study the contract.
If clauses on the amount and procedure for payment of fees are present in it, contact the court. The pre-trial procedure for resolving this issue is not prescribed by law. It is only possible to register a form for submitting a claim to the employer.
If there is such a clause in the document, send a written complaint to the tenants, which must be considered within 10 days.
At the end of this period, you can apply to the arbitration court.
It is important to make a claim correctly.
It must contain instructions of the addressee, requirements for the amount, references to legal provisions, and evidence. The claim can be delivered against signature directly to the employer or sent by registered mail with notification.
Eviction of tenants who do not want to voluntarily leave their living space is a matter that requires careful preparation of documents. At the same time, the absence of a written agreement can both help and harm in some of the cases described. If you do not rely on your own strength, seek help from lawyers.
