How to evict the tenants stopped paying
A Life / / December 19, 2019
Notorious villains occupy your apartment and refused to move out - a very real situation, if you are not lucky with the tenants. Layfhaker to the rescue and understands how and in which cases of unfair tenants can be evicted from the property donated.
In some cases, legally evict a tenant
Decide to take an apartment and find tenants is not so difficult. But what to do if tenants stop paying and refuse to make contact? How to be with people, take your own place?
The most important thing in the matter of eviction - the form of the lease agreement. If you agree with the tenants in words (orally discussed conditions, shook hands and handed over the keys), it is actually in your apartment they live "hand to mouth". But when the signed written contract should act only according to the law. Layfhaker consider both options.
How to evict the tenants, who had not signed a written contract
In the absence of commercial hiring of premises of a written agreement with tenants do not have permission to be there. And check-out process will be extremely easy. If tenants refuse to leave voluntarily, you can act in two ways.
- Also will appear in an apartment, demanding the immediate release of illegally occupied premises. Call the police (or invite the district police) and find a number of witnesses (suitable neighbors in the stairwell). But remember, the police will not help you to expel tenants: the police will maintain law and order.
- You have the right to change the locks and make things tenant on the landing. For the legality of the process will invite the district police and bring your documents to the apartment.
How to evict tenants living under the contract
according to of the Constitution No one shall be deprived of housing arbitrarily. According to the agreement tenancy (aka lease contract) For your tenants in such housing it is just your apartment. And they have more rights on its terminationIf as desired tenant can terminate the lease at any time, the owner does so only through the courts, and if there is a compelling reason.
On what grounds can evict tenants
According to law negligent tenants can be evicted under the following conditions.
- They owe the rent for more than six months. Provided that in your contract are not specified other terms of payment.
- They have twice forgot to pay for the apartment - if a lease is concluded less than one year.
- They spoil or demolish your apartment.
- The apartment are going to recognize an emergency or uninhabitable.
- They use the property for other purposes. For example, we do not live in an apartment, and arranged in it a warehouse or store.
- They systematically violate the rights of neighbors. It can be regular or throwing wild parties toxic debris in the entrance. Record such violations can the police: the latest reports on administrative violations assist in the proceedings.
In the latter two cases, the landlord must first ask residents to correct violations. But if and when they are idle, the issue of eviction can begin to be addressed in court.
How to evict tenants through the courts
You must make a claim in the District Court at the location of the apartment donated. In a statement, indicated information about you, your home, the identity of the tenants, the requirement of their eviction and its justification. Also applied photocopies documentsConfirming your application: passport, contract of sale (or inheritance) apartment lease with the tenants and the proof of your claim to them. Additional charges stamp duty.
Alas, quickly resolve the issue in court will not work: time the case - up to two months. And within a month after the decision tenants will have a month to file appeals. judgment be fulfilled It will be another two months.
In addition, the judge may give the tenant a year to eliminate the violations, for which you are complaining. For example the fact to bring in proper form spoiled living space.
Why tenant can not be evicted by force
It would seem, what documents to collect endless courtroom and wait patiently for the execution of the judgment, when it is possible to ask a couple of burly talk to malicious tenants "In an amicable way"? Alas, it will lead to bad consequences.
- Self eviction of tenants (eg, if you will make their stuff on the street, change the locks on the doors) can be qualified as arbitrariness. it article 19.1 RF Code of Administrative Offenses for which you are threatened with a fine of from 100 to 300 rubles.
- And if in the process of the above steps and still cause significant damage to the property of tenants, it is already on the arbitrariness of the Russian Federation Criminal Code. That is real the crime with a possible fine of up to 80 000 or imprisonment for up to 6 months.
The police also can not help you with the issue of eviction. They may only fix a violation of the rights and interests of neighbors, if the tenant, for example, staged another bash. But to liberate living space from them - out of police jurisdiction.
Therefore, if you agree with unscrupulous tenants does not work, it is best not to overdo it: choose a legal solution to the problem.