Irresponsibility on the part of residents
When the tenant signs the contract, he immediately feels responsible. Official registration provides that his personal data will be known to the landlord. This means that if something happens, a person will not hide anywhere. There are not only two parties who entered into an oral agreement, but also a third independent party that monitors compliance with the agreements. A person perceives this not as “just living temporarily, without being responsible for anything,” but as being fully responsible for the premises provided to them in accordance with all norms of the law. In addition, he develops respect and even fear for the landlord, who adheres to the rules, and this characterizes him as an honest and respectable person.
Causing damage
Some owners have no idea how undisciplined and even blasphemous their tenants can be. There are many cases where the apartment was left in such a state that there was practically nothing valuable left in it. What could be taken out was taken out, what was originally safe and sound was broken and broken. And this is by no means an exaggeration, but facts that take place at the present time. Some unscrupulous tenants are so dissatisfied with the inflated price (or people have a hard time parting with money) that they deliberately do not give the owners the opportunity to earn money. They do everything they can to not only deprive you of income, but also force you to incur losses, since restoring the apartment will cost much more than even a few months' rent. And if you sign the contract, there will be a list of things, as well as their condition, as well as the state of repair.
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Liability for illegal eviction
It is necessary to understand that before evicting a person from an apartment without consent, you need to be absolutely sure that he is living in it illegally. If there is no such certainty, and you kicked out the tenant, then he can go to court and seek compensation, the amount of which will be determined during the trial.
The legislator also provides for criminal liability for arbitrariness in the eviction of a tenant. This is possible in two cases:
- significant harm has been caused;
- violence or the threat of violence was used.
The significance of the damage is established by the court based on the objective circumstances of the case.
That is why it is necessary to act strictly within the legal framework when evicting residents without a lease agreement.
Example. Ivanov V.P. rented out his apartment to the Smirnovs without a lease agreement. However, after 8 months, the Smirnovs stopped paying rent, citing delays in wages. Since Ivanov did not receive money from the tenants for two months, he asked them to move out. The Smirnovs refused, explaining that they would pay off the debt in the near future and would not allow any more delays in payments. The debt was not repaid within the specified period. Then Ivanov V.P. came to the Smirnovs and, in their absence, took a laptop, the market value of which corresponded to the size of the debt. The owner of the apartment informed Smirnov about this by phone. He contacted the police, and Ivanov V.P. was brought to criminal liability under Part 1 of Art. 330 of the Criminal Code of the Russian Federation.
Late payment
The terms of payment will be specified in the agreement. Namely, on what day of the month the tenant must deposit a certain amount of money. It also defines penalties that will be applied in case of late payment. If there is a verbal agreement, you will have to constantly come or visit the apartment, ask or even demand payment.
Tenants may “feed you breakfast” or refuse to pay rent altogether. Evicting them will also be problematic, since you will have to explain why you ignored signing the contract. It is possible that you will have to pay a fine. As a result, you will not be paid for several months of accommodation, and you will incur losses.
Reasons
Many owners of residential premises have little understanding of why they have the right to kick out tenants and what they should be guided by.
Grounds for termination of lease agreements:
- the tenant violates the terms of the contract (applicable in cases where a lease agreement was concluded);
- complaints from neighbors about malicious violation of their rights, systematic rows, alcohol abuse, frequent noisy parties, etc.;
- lack of maintenance of residential premises, unauthorized redevelopment, bringing residential premises into an uninhabitable state;
- use of residential premises for other purposes;
- arrears of rent, utility bills;
- threat to the life or health of others.
If the owner discovered the listed violations and demanded the tenants to move out of the living space they occupied, and they are in no hurry to comply with the request of the apartment owner, then, depending on whether a lease agreement was concluded or not, there are two options for the development of events:
- if the agreement has been concluded, then the eviction occurs with the help of the judicial authorities;
- if the tenant lives under an oral agreement, then the tenants will have to be evicted with the help of police officers; the court will not accept the statement of claim without an official rental agreement for the residential premises.
If there is an agreement, if the tenant does not pay rent, eviction is possible in two ways:
- if a short-term (for a period of up to 12 months) contract was concluded, then eviction is possible if the debt is at least two months;
- when concluding a long-term contract (from one to five years), the owner can file an eviction claim if the tenants owe him more than six months of rent for the apartment.
But, in any case, the court will take into account the life circumstances of the tenants, for example, if the debt arose due to a long-term serious illness of the tenant and he was limited in funds during this period, most likely the court will give him a deferment in repaying the debt.
Damage to neighbors
Some tenants ask their temporary residents to pretend to be relatives, and they agree to this. However, it is not a fact that tenants will be able to get along with their neighbors. If they make noise and disturb the peace, people will most likely come to you with a complaint. You cannot influence the residents because you don’t even know their passport details. If they cause damage (for example, flooding your neighbors), you will also have to pay.
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Holding residents accountable will be extremely problematic. To submit an application to the court, the same passport data will be required. And at this time, residents can generally move out in an unknown direction. As you understand, no one will look for them, since it is futile and troublesome. Moreover, proving the fact of their residence will also be problematic if they refuse it.
Criminal Code sanctions
In addition to neighbors, employees of the management company can find out about the fact that strangers are living in the apartment. Sometimes they specifically carry out raids to identify illegal residents. As you understand, if they are discovered (and it will be impossible to hide it, since the neighbors know you as the owner), you will have to pay a fine. In addition, it will be extremely unpleasant to make excuses and spoil relationships with people with whom you will then have to live side by side (if you do not plan to sell the apartment).
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Renting an apartment without a contract liability
Please help me with a question I have.
I entered into an agreement to invest in housing construction. The investment fee was paid on time and in full, but the house has not yet been put into operation. In order to receive the keys and begin repairs, the Company obliges me to sign an additional agreement, which, in my opinion, infringes on my rights to receive penalties in accordance with clause 9.1 of the agreement.
Here are excerpts from the agreement.
“Legal basis of the contract: Civil Code, Federal Law No. 39-FZ dated February 25, 1999.
Obligations and rights of the parties:
The company is obliged: 1) Within 5 days from the date of handing over the house to the State Acceptance Commission and putting it into operation, notify the investor (me) about this 2) Within 30 days after putting the house into operation, provide the MORP with the documents necessary to formalize the ownership of the transferred An apartment for an investor.
The investor is obliged: 1) Before registering ownership of the apartment, not to carry out finishing work without the consent of the company, subject to the obligatory condition of concluding an additional agreement on this. 2) Sign the acceptance certificate of the apartment within 10 days from the date of delivery of the house to the state acceptance committee.
Clause 9.1. The house will be put into operation in accordance with the work schedule. The planned date of commissioning of the house is the fourth quarter of 2002. The apartment is rented out furnished in accordance with Appendix No. 1
Clause 9.2. The signing of the act of acceptance and transfer of the apartment is carried out within 10 days from the date of signing the act of acceptance of the house by the State Commission. The keys to the apartment are transferred by the Company to the Investor only after the Investor signs the transfer acceptance certificate and concludes an agreement with the Municipal Unitary Enterprise SEZ Housing and Communal Services for the operation and maintenance of the apartment.
Responsibility of the parties.
In case of violation of the deadlines established in clause 9.1 by more than 60 days, the Company pays the Investor a penalty of 0.1% of the amount paid in rubles for each day of delay but not more than 3% of the specified amount.”
I quote excerpts from additional agreement (it has not yet been signed by me) another person of Exol CJSC appears in it
"1. JSC "Exol" is the customer's attorney on the basis of an agency agreement.
2. JSC "Exol" and the Investor (that's me) sign the acceptance certificate of the apartment for finishing work in accordance with Appendix No. 1 and enter into an agreement for the maintenance of residential buildings.
3. After signing an acceptance certificate for the transfer of the apartment for finishing work with Exol CJSC, the Company grants the Investor the right to carry out finishing work in the apartment.
6. In clause 9.1. agreement to make changes: the planned date of commissioning of a group of residential buildings is the 2nd quarter of 2003.
After the houses are handed over by the State Reception Commission, a Transfer Deed will be signed between the company and the investor for submission to the MORP for registration of ownership.”
Question: If I sign the add. agreement means I agree to the change in clause 9.1 of the agreement and will not receive the penalties due to me. If I don't sign the add. agreement, then I will not receive the keys and the right to decorate the apartment. Can I request an exception from the add. agreement of the clause on rescheduling and how can I expect to receive a penalty.
Thank you in advance. I'm looking forward to your answer.
Under the "hood" of the residents
We have already said that signing an agreement forces residents to take responsibility. We also mentioned that in this case, tenants treat the owners more respectfully. If you refuse official registration, the residents will understand that you have something to fear. And this can become a reason for blackmail and other negative actions on their part, which you are guaranteed not to like. That is, your stability and peace of mind will depend on strangers, and in your apartment you will become not the owner, but a guest, deprived of all rights.
