A lot of people have been thinking about how to get the tenant out of the apartment lately. To be honest, the situation here is very mixed. Of course, eviction itself is possible, but it's not always enough to come and point to the door. It's wrong.
Is it possible to evict tenants in the winter? How to organize this process properly in different cases, according to the law? How to protect yourself from possible trouble? The best advice and recommendations of experienced people are presented to us.
Maybe it'll be enough for you to take care of some negative moments so you don't evict people.
When There's a Right
In fact, the law is always on the side of a minority, more precisely those whose rights are being violated, and before evicting the tenant, the lessor must learn that he simply has no right to come and expel someone, which is a direct violation of the Constitution of the Russian Federation.
No one can drive anyone out of the house on their own. This term refers to the place where a person lives, no matter who owns the apartment.
So if you've got a sharp head start in your head to get the tenant out of the square, you can forget about the instant realization of the idea.
However, no one has the right to take away your residence, so you can think about how to evict the tenants (the neighbors who live in your apartment), but with some restrictions.
You can't suddenly kick anyone out, but you can do a few simple things, and you can't do that, but you can do a few simple things, and you're gonna have to do a lot of eviction through court, and that's where success depends on what you do.
The better they are, the better chance you have of winning.
A treaty for the whole head.
Let's start with what everyone and everyone should be concerned about at the very beginning of cooperation and cohabitation. It's a form of agreement to provide a roof over their heads. Depending on it, both parties have certain duties and rights, and are responsible before the law and before each other.
Whether you can evict the tenants is more likely to be, regardless of the type of agreement chosen, but practice shows that the landlord will have less headaches when entering into a contract in writing. It usually spells out all the key points, and with this paper in court it will be quite quickly possible to evict the undisturbed tenants.
Of course, a written contract confers rights to them, too.
But the oral form doesn't always work. How do you evict a tenant in this case? It's gonna take a lot of effort here, especially if people don't do anything special, and it's just your personal wish.
So avoid this kind of arrangement, you don't have to overthink how to get your tenants out of your apartment in writing, enough to go to court, but not always.
You don't always have to be so radical about the problem. Is it possible to evict tenants in winter? Actually, yes. Only, before you sue and fight, try to solve the problem peacefully. Sometimes it's possible, especially if people have the right behavior and you just need your own living space back. How do you do that?
You can't come in and say, "Settle out!" It's a direct violation of the Constitution, but you can warn of eviction, especially when you make an oral contract and confirm it every thirty days.
One month before the alleged eviction, the tenants will be able to find a new home during this period, so bear in mind that it is not possible to evict themselves.
If you're sued, he'll win.
Reasons for judicial intervention
In principle, before starting to judge and radically resolve the issue, it is necessary to know the reasons why it is possible to file a complaint before the courts; when concluding a contract, the court will take the lessor ' s side in some cases; there are quite many of them.
How to evict a tenant by judicial intervention? Many reasons may be the reason for this, e.g. the lack of rent for six months, except where otherwise specified in the contract, and the failure to pay more than twice in a row is also the reason for applying to a court for forced eviction.
This is the case where a contract is concluded for less than a year, and it also specifies the exact timing of payment.
Besides, the unsuitability of housing is another basis for court debate. How do you evict renters who don't pay? And then what? Isn't there any other legal basis for doing this? There are, but there aren't a lot of them.
The damage to property, the deviant behavior, all of which gives you the opportunity to terminate a written contract, and, of course, the violation of the rights and interests of neighbours can also be attributed here.
If your tenants are too noisy and overcompanie, you should apply to the court for eviction, otherwise you will be complained of.
How to evict the tenants without a contract? It has already been said that this process is more difficult than it is when it is available. The oral form offers no guarantee to the tenant, but the lessor can also cause many problems.
Anyway, if you're determined and all the warnings have failed, you're gonna have to take extreme measures, especially if your tenants don't have any connection with you, related or friendly.
All this will only complicate the task.
You're gonna have to go to law enforcement, and they're gonna report to the apartment without warning, and they're gonna tell the tenants to leave, so you're gonna have to pay a fine.
But, as practice has shown, if you've made statements about income from an apartment somewhere, there's no need to give money, and of course the police don't like to interfere with housing issues.
That's why it's rarely easy and easy to get away from tenants who don't break the peace and quiet.
When there's a contract
What do you do when you have a written contract? As it has been said, much depends on the time and rules set out in the text. Once the document is no longer in force, the tenants will have to leave the dwelling.
If you refuse, you can call the police and wait for your tenants to get out of the apartment. If for some reason you have to carry out the eviction until the contract is terminated, you must send a certain notice. Do you receive a refusal to sign? Then speak to independent witnesses about the eviction?
Don't forget to give time to find a new place to live, and if no one listens to you, you can have the courage to go to court.
Availability of children
It's not easy to evict the tenants with a child, and often these families resort to renting, but they can't afford the full terms of the contract, but all patience and mercy come to an end sooner or later, and the question of eviction will come to an end.
First, families with children should give them time to find new housing. Two to six weeks is the average. Two, if people have a temporary registration in your apartment, their eviction is possible only after they've been registered elsewhere, so it's not that simple.
It doesn't matter what time of year you're planning to free a dwelling, temporary registration gives employers certain rights, they'll have to be respected, and at least you'll have to go to court, and without it you'll be in trouble.
If you don't solve the situation, you'll have to file a complaint against a landlord who can't solve the problems with the tenants.
And then we're gonna have to keep our defenses and fight at the same time.
It often happens that the neighbors aren't comfortable with the people who rent the flats. The reason for this may be different, but as practice shows, it's more common when there's noise and deviant behavior. Please note that no one can violate your rights. You can legally defend yourself and evict your neighbors' tenants.
You're going to have to try, but you can't solve this on your own, you're going to have to go to court, and you're gonna have to take out the tenants from the neighbors, and you're gonna have to get proof of deviant behaviour and harm, and then you're gonna have to go to the courts.
Note that most often you have to look for witnesses who are also suffering from the behaviour of neighbors or people who have seen you suffer. They have to be uninterested. In any case, only in court can you obtain justice.
The suit is filed in the name of the neighbor, not the tenant.
Can you evict the tenants in winter without a contract? Of course, just like the contract, no matter what time you start organizing this process, the main thing is to get the problem right.
The main method of dealing with tenants is to go to court, but in winter, it is unlikely that anyone will be forced to kick a person out of the apartment. In this case, the person is granted a stay.
If the tenant refuses or postpones the eviction, then he will be forced to come to the door, but in judicial practice such kasuses are very rare.
Rules of application
Well, if you haven't been able to resolve the matter in a friendly manner and you have to go to court, you're going to have to prepare yourself carefully, or you're going to have to make a list of the documents you're going to be asked to do, and, of course, present them to the appropriate authority. What's necessary to evict the tenants?
- Independent witnesses;
- Evidence of violations;
- The contract of delivery of the dwelling (with a copy);
- An application for eviction with the exact address and data of the lessor.
In principle, that's all. Judicial practice shows you don't need anything else. The main problem is finding the necessary witnesses (not always necessary) and collecting evidence of your own right.
So we figured out how to get the tenant out of his apartment, and it's not that hard to get the job done right.
And if it doesn't work, then you'll have to go to the courts where your propiska is, and you can't take a roof over your head, you can't do that either by a court order or by an amicable agreement.
In order to avoid problems in the future, try to find only bona fide tenants and conclude a contract in writing.
Is it possible to evict tenants with children in winter?
Citizens who rent apartments to tenants sometimes wonder when conflict situations arise how to evict tenants in winter.
From a theoretical point of view, this situation is very easy to solve, as the lessor may terminate the employment contract at any time, but with the condition of a certain time during which tenants must find new housing.
However, the actual resolution of such disputes is not easy for the owner of the dwelling, especially if the tenants have minor children; taking into account the fact that the police do not deal with such matters, the owner, if the tenants do not wish to leave the apartment voluntarily, will file a complaint with the court; especially the eviction during the winter period is sensitive.
Before directly removing the tenants from the property, it is necessary to refer to the text of the contract itself; it is a document in which one party provides the possibility of residence and the other pays a certain amount for such an opportunity.
There are several types of accommodation contract:
- A contract involving the use of a dwelling which is the municipal property or property of a communal company.
- A housing contract, which is owned by an individual.
If the contract concluded with persons subject to eviction is of the first kind, all matters related to this fact will be dealt with directly by the Russian Housing Code; in the case where the contract is of the second type, all conflict situations involving the eviction of temporary tenants must be resolved on the basis of the Russian Civil Code.
However, in a situation where the owner of the dwelling and the tenant had not entered into a written contract, the question of eviction could not be resolved by law, since the latter had not actually been granted the right to use the premises; therefore, the owners of the dwelling had the right to evict the person at any time, regardless of whether the tenants had children.
When there is a contract, all matters must be settled by a court of law, which shall set a time limit for the temporary residents of the dwelling to leave it for a period of time; and if there is a situation in which the tenant refuses to leave, he shall be subject to forced eviction.
In asking whether tenants can be evicted, it is necessary to justify the reasons why they should leave the temporary premises available to them, including the following:
- End of employment contract;
- The situation in which the tenant uses the premises entrusted to him or her for an improper purpose (e.g. for profit);
- If the tenants have not paid for the use of public utilities in six months;
- When the tenants constantly violated the rules of public order, which caused a total displeasure on the part of the neighbours;
- If the tenants treat the accommodation in an improper manner, or even cause it some damage resulting in its partial destruction;
- If there is a situation in which there is a change of ownership of the premises and a new owner against the tenants ' residence.
In fact, the owner of the dwelling has the right to terminate the employment contract at any time and, for good reasons, even without warning the tenants.
Actions to be taken
Judicial removal may take place subject to certain conditions, which include:
- There is a contract between the tenant and the owner that has been officially registered;
- The owner of the dwelling paid the taxes of the relationship at all times;
- The contract is in writing and is in the hands of the owner as evidence of violations by the tenants.
The police will not be able to intervene, as such a precedent is not one that is justified as the seizure of other persons ' property or as unlawful entry into foreign territory, especially if the tenants live in rented housing with their children.
If the owner does not pay the relevant taxes to the authorities in question, the tenants may make a move and lodge a complaint with the owner before the appropriate authorities.
The question of whether tenants could be evicted therefore had enough underwater stones; many factors had to be taken into account before resorting to court.
Removal of tenants during the heating period
It is often a matter of urgency for the owner of the dwelling to evict the tenants in winter, and our country ' s legislation provides that it is possible to evict temporary tenants during the winter period in the same way as any other.
In this situation, the owner of the dwelling must prove before the court that there are specific grounds for the tenants to be evicted at this time; the same applies to the question of whether it is possible to evict tenants with children in winter, which is also envisaged, but it is imperative that some time be allowed for temporary tenants to find other accommodations.
In a situation where the owner of the dwelling wishes to evict the tenants for no good reason, this is only possible if the contract between him and the tenant took place orally.
In fact, in this case, the owner can do whatever he wants, since the transfer of the temporary right to use the dwelling has not taken place, where the application to the police can produce results for the owner.
He can simply file an application for unlawful entry into private property, so the tenants are promptly taken out of the premises.
The question of whether tenants can be evicted during the heating season implies this outcome; if, for example, the dwelling is occupied by tenants under a social lease, the eviction must take place under the following conditions:
- By providing another equivalent space, which may or may not be improved;
- without the provision of other accommodation.
This type of resettlement must necessarily be based on a court order in a situation where tenants refuse to leave the apartment voluntarily, and so may tenants with children; however, the situation of the children is rather delicate, so that a decision will be made to provide other accommodation in the event of such a situation.
Without the provision of a new place of residence, there is no right of eviction for certain categories of citizens only, such as members of the family of a member of the armed forces or of a staff member, as well as pensioners and persons with disabilities in groups 1 and 2, including children who are self-sufficient, without the care of a relative or other adult.
Is it possible to evict tenants in the winter of 2023: without a contract, with children, by court order
Rental of an apartment is a good way to fix a personal budget.The demand is demand-driven, and if you want to move in temporarily or for a long time, you don't always get to behave properly and do not violate your living conditions, and the owner of the dwelling has a legitimate question, is it possible to evict the tenants in the winter?
What do you do if the tenants have children?
There may be many reasons for eviction: delay in payment, noisy behaviour, damage to property, etc. Even justified complaints by neighbours will lead to dissolution of the relationship.
Legislation does not impose restrictions on the eviction of tenants at any time of the year.If a citizen owns a dwelling, he or she has the right to dictate his or her terms.Although there are a number of nuances, consider the main reasons that can lead to eviction:
- For example, to raise pets or exotic animals, to use them as a warehouse, to make a carpentry shop, a laboratory,
- late payment of rent or long delay — more than six months,
- Construction and other works which lead to a change in the technical design,
- Actions that cause damage to property or endanger the lives of people,
- Re-renting and profit-making without agreement with the owner,
- End of lease.
Whatever the reason, the owner must notify the tenants at least one week in advance.If judicial intervention is necessary, an official notice may be sent to the address of the residence.
It's much easier when a lease is issued.An official document signed by the parties, certified by a notary, would be a powerful reason for the eviction of unfair citizens.It is more difficult when the contract has not been negotiated, in this case it is necessary to involve the police.
The owner can't kick out the tenants any day he wants.This would be a direct violation of constitutional rights; in any case, eviction, whether voluntary or judicial, would take some time.
The situation with regard to the social employment contract with the local municipality is a special one.
In general, housing is provided to low-income citizens and no one has the right to expel tenants during the winter period.Citizens simply do not have the physical ability to find suitable housing in a short period of time.
Often, a family with imperfect children lives in an apartment.With regard to eviction, the law is entirely on the side of the lessor.It is adults who are responsible for the rented living space and all the consequences of unfair performance fall on their shoulders.
ATTENTION!The lessor may, only if he or she so wishes, grant respite to the tenants with the children; the time limit is fixed by the owner, irrespective of the tenant ' s opinion.
In practice, the word-for-word lease is the most common option, which eliminates unnecessary legal fees and taxes.The first, simple option is to go to the tenants and find a compromise, try to negotiate.
Many tenants remain good citizens.The family may experience temporary financial difficulties or care for a disabled person, and if the tenants behave inappropriately, rudely and have a social way of life, the procedure is as follows:
- The owner must make sure the tenants are home.
- The owner is sent to a rental home with an apartment and passport.
- He makes a preliminary call to the police or turns to the precinct.
- Pending the arrival of the authorized authorities.
- The police officer has the right to escort the tenants by submitting the documents for the apartment.
In practice, a minimum package of documents is sufficient, but a certificate from the REM may be needed.The police officer is doing an inventory of the tenants' property to avoid further misunderstandings.
As a rule, you don't have to file an application to the police station.VI. Witnesses will be the neighbours or other tenants of the house, including employees and housekeepers (electricians, plumbers, plumbers, etc.)
ATTENTION!The removal from the apartment is free of charge and the owner is not obliged to pay any costs or damages.
The Quarterman may write a claim in the name of the Tax Service.If the violation is proved, the owner is liable to penalties; in practice, such verdicts are handed down by court order.
The time for eviction is fixed by the lessor; generally, when the case comes to the intervention of the law enforcement authorities, the maximum time limit is 24 hours.The owner has the right to extend the time for fees at will.
The option, although it involves some financial and other costs, is extremely reliable, and many experts insist on the issuance of a lease agreement in order to protect themselves in the most hopeless situations that would appear to be.
The first step the owner will take to evict the tenants is to find a legitimate cause.For example, a long delay in rent or damage to property.
The owner shall issue an official notice of the breach of the contract.The text could indicate the time required for the correction and the penalties provided for in the event of refusal.For example, payment of arrears before the end of the month.
If the tenants have ignored the notice, the owner may apply to the court.The plaintiff takes part in the hearing, presents evidence, brings witnesses.In a well-formed suit, the court's decision will be positive.I would like to draw attention to the list of documents that may be required for trial:
- A declaration of intent to evict the tenants.
- A rental agreement certified by a notary.
- Documents proving ownership of housing.
- Written notice of breach of contract and request to remedy the situation.
- Any evidence proving a breach of contract.
We will refer to the last paragraph in more detail.The number and quality of the evidence submitted depends on the judgement.What proof can the owner provide?
- audio and video files that confirm the breakdown of public order, property damage, etc.,
- certificates and receipts of valid rental arrears,
- Police report if there was a disturbance of public order,
- paper evidence of cash transfers or requests for deferred payment,
- The conclusions of the LHC and other authorities on the state of the apartment before and after the lease.
Unfortunately, we should not expect a quick resolution of the issue.Trial may take several months (average 2-3)IV. Particularly complex cases are dealt with up to a year.
Any money is paid by the tenant if the owner wins the case, and the lessor pays only the State - 300 rubles.
In the end, care should be taken in the choice of tenants.It's gonna help with a few simple tips:
- For reliability, always sign a lease.
- Determine with clear time frames and payment options.
- Ask the tenants to pay for the utilities (may be included in the rent).
- Come to the apartment from time to time to check on the security of the property and the security of the tenants.
- Ask about the place of work/education, the number of tenants, their relative or other ties, etc. This will lead to the conclusion that the tenants will be able to pay.
- Keep any checks, receipts, and cash transfer receipts from the tenants.
Is it possible to evict a tenant with children?
The owner of a rental dwelling seeks to find decent tenants, preferably a young couple or a family with a child; the lessor often tries to make a good impression in order to rent the desired apartment.
However, there may then be a number of situations in which the owner needs to evict the tenants, and the article will consider whether it is possible to evict the tenant with the children, what steps the employer should take and the reasons for doing so.
Is it possible to evict tenants with children?
It is possible to evict tenants with children at any time if there is no contract of employment, but if there is one, it is necessary to act only within the framework of the law, i.e. to file a claim with the court.
In the case of the eviction of tenants with children from a rented apartment without a contract of employment, the lessor relies on the rules of the Criminal Code of the Russian Federation. If the rent is private property, the legal relationship within the framework of the lease is governed by the Criminal Code of the Russian Federation.
Grounds for eviction of apartments with children
The eviction of tenants with children requires certain grounds, including:
- The expiry of the lease of the dwelling;
- Systematic failure to pay or late payment of rents and utility charges;
- Misuse of office space, shops, etc.;
- Sub-rental housing, rental of housing to third parties;
- :: Material damage, mismanagement of housing, violation of living conditions;
- Decision of the Special Commission on the Emergency Status of Tenants;
- Complaints by neighbours, the silence and public order of the tenant and the persons with whom he or she lives;
- The removal of housing for municipal needs;
- athe social behaviour of the tenant.
The lessor has the right to terminate the contract if the terms of the contract have not been complied with, warning the tenants with the children of their decision within three months.
Exit of apartments with children depending on the form of the employment contract
Whether a written lease is in the hands of both parties or not depends on the owner ' s actions if it is necessary to evict the tenant with the children. Consider both options.
Removal of apartments with children where there is no employment contract
If there is no written agreement on the employment of housing and the parties have agreed to rent orally, neither the law of the Russian Federation nor the Russian Civil Code regulates such legal relations; there is no transaction: renting is not regulated in this case, and the tenants ' property is illegally occupied.
According to the law, tenants do not have the right to be in the living area of a particular property of an alien owner, and it is easy to evict people here, even with a child.If they refuse eviction, there are two options:
|1||Change of locks to the front door of the rental apartment||The date of the change of the locks is fixed with the tenants before the eviction. If they refuse to release the apartment, they can change the locks on their own during their absence, take the things to the stairwell (the owner is not responsible for their preservation). In order to legalize their actions, the precinct police officer must present the right-setting documents for the apartment.|
|2||Recruiting neighbouring witnesses||We need to go to the apartment and ask for the release of the illegally occupied residential space with a minor child.|
It should also be borne in mind that the police do not carry out the eviction of tenants, which is not their responsibility, and the owner should also bear in mind that, in the absence of a lease agreement, the evicted tenants may file a complaint with the FNN for non-payment by the landlord of the NPFL.
If employment contracts are concluded
The lessor has the right to terminate such a contract in the event that the tenants fail to comply with the terms of the contract; on the initiative of the lessor, the lease may only be terminated by the court in two situations:
- 6 months ' non-payment for the use of artificial accommodation (unless the contract specifies a different period of time);
- The destruction, non-injury and destruction of housing by the employer, as well as by the persons for whom he is responsible.
In the event of an emergency, or if the dwelling has become uninhabitable, the lease may be terminated ahead of schedule on the initiative of either party.
Evacuate tenants in winter
Special attention needs to be paid to the issue of the eviction of tenants in the winter, which is linked to the characteristics of Russia ' s climate.
Is it possible to evict during winter
If there are grounds for eviction of tenants, the lessor may demand eviction, regardless of the time of the year; removal during the winter is possible under the housing code.
The reasons for the eviction are of little importance; the grounds may be laid down in a contract to be signed by the parties; or they may be contained in the HC.
Often, in order to evict tenants during the winter, recourse is required to the courts, where evidence of violation of the terms of the contract by the tenants is considered, and only then an early eviction order is issued.
The following may serve as a basis:
- Decision of the expert commission on the emergency condition of the house - witness statements - contract
- Cashiers ' receipts
Grounds for eviction during winter
Under the Housing Code, early termination is possible in the following cases:
- misuse of premises — non-payment
- Emergency status
Article 90 of the Code of Criminal Procedure states that tenants may be evicted from their homes for payment of payments for communal payments, provided that they are provided with a different accommodation.
In addition, eviction is permitted for other reasons:
- Infringement of the rules of residence under the law - illegal transfer of an apartment to a non-residential fund
- immoral behaviour
These violations must be documented.
Article 85 of the Russian Federation ' s Criminal Code sets out the reasons why evictions may be carried out with the further provision of other accommodation:
- Major repairs — alteration of the apartment area due to renovation — transfer of the house to religious organizations — emergency condition that requires demolition of the building
- Transfer of the home to a non-residential fund
Under the law, the owner could not be evicted for payment of utility payments.
However, article 32 of the Russian Federation ' s Criminal Code states that the apartment may be purchased by the State for public purposes.
If the debt to pay for the dwelling is too high, the owner is subject to penalties.
Office apartment (community)
The expulsion is carried out in accordance with article 90 of the Criminal Code of the Russian Federation and is permissible in the following cases:
- termination or termination of a contract of employment - debt for utilities - rejection of eviction after termination of the lease
- Article 103 of the Criminal Code authorizes eviction if the tenant does not pay for public utilities.
In the event of a violation of the standards of residence, eviction is carried out through the courts.
Exiting tenants in winter time: procedure
It is incumbent upon the parties to inform each other of the intention of early termination, and the employer must provide evidence of non-compliance with the contract or breaches.
The employer must notify the tenant of the termination of the contract at least three months before the planned eviction.
A contract can only be terminated in the cases provided for in the contract or in accordance with the law; in the absence of the prescribed conditions, the eviction takes place through the courts.
The employer is obliged to notify tenants of their removal or removal in an appropriate manner; proof of compliance with the obligations of the lessor is provided by the signature of the tenants and the date of delivery at the notice.
The time limit starts at 00 hours after the date the notice is given to the tenants.
Removal of tenants during winter through court
When the parties have not reached a peaceful solution to the conflict situation, recourse to the courts may be the solution.
To that end, it is necessary to draw up a claim and to supplement it with the following documents:
- copy of the notice signed by the tenant and the date of delivery — receipt of the notice — opinion of the commission on the emergency condition of the premises — receipt of rent
- employment contract
The period of release of the apartment and the duration of the trial shall be paid according to the fixed rent.
The tenant may be required to pay:
- State duties
- To compensate the tenant for the costs of the court proceedings, confirmation will be required.
- Postponement may be delayed in the following cases:
- in disagreement with the decision of the court and further appeal
If there are minors who need to live in an apartment for a number of reasons, for example, for the end of the school year.
Is it possible to evict tenants in winter without a contract?
In the absence of a contract, it is possible to evict tenants with the help of the police, for which it is necessary to declare that persons are in the premises illegally; in such a case, it would be almost impossible to obtain compensation from the tenants.
Model application for eviction of tenants
- (name of court)
- (FIO in full, address)
- Defendant: ___________________
- (FIO in full, address)
- (FIO in full, address)
- EXPLANATORY STATEMENT
- on the eviction of temporary tenants from the social employment contract
- I am the employer of the accommodation at the address:_(specify full address including region, city, district, street, house and apartment number) under a contract of employment (specify the particulars of the employment contract).
A temporary residence has been granted to the defendant. We have agreed on a period of residence of up to "__________________________. (or no period of residence has been established.)
At the end of the deadline, the defendant refused to leave the residence voluntarily.
In accordance with article 80 of the Russian Code of Housing, temporary tenants are obliged to vacate their accommodation after the expiry of the period of residence, or not later than seven days from the date of the request for eviction; if temporary tenants refuse to release the accommodation, they are subject to eviction without the provision of another dwelling.
- In accordance with articles 131 to 132 of the Code of Civil Procedure,
- Evacuate (Responsor ' s FIO) from the accommodation at: __(specify the full address of the dwelling) without providing another accommodation.
- List of documents attached to the application (copies by number of persons involved in the case):
- Copy of statement of claim
- Document confirming payment of State duty
- A copy of the social employment contract
- Documents supporting the circumstances on which the claimant bases the claim
- Date of application "___"
- Signed by the plaintiff:
Exit during the winter period 2023 — from a court-ordered apartment in the winter — the Prohibition Act
The issue of evictions from dwellings is relevant to many categories of citizens, often involving owners of dwellings who rent premises for additional earnings.
In some cases the tenants do not fulfil their obligation to pay the rent properly and refuse to leave voluntarily.
Russian legislation did not contain specific regulations on evictions during the winter period; in most cases, expulsion was possible only on the basis of a judicial decision; it was worth examining the matter in more detail in order to know which underwater stones would be encountered.
What are the grounds for the eviction of citizens from the apartment:
- The building is handed over to a religious firm for use;
- Citizens do not pay rent for six months;
- The house is confiscated for municipal or public purposes;
- Residents commit systematic violations of the rights of neighbours;
- The employment contract expired;
- The premises are not used for business purposes, for example;
- The expert commission issued a decision on the emergency condition of the facility;
- The tenants had carried out unauthorized alterations and refused to return the premises to their original state.
There may also be other grounds: In some cases, the eviction provides compensation or new housing.
In 2023, eviction is regulated by a number of regulations; special attention should be paid to article 31, article 89 of the Code of Criminal Procedure and article 292 of the Code of Criminal Procedure.
The law suggests that eviction is a measure of last resort applicable to citizens in the event of gross violations of the law.
The Constitution of the Russian Federation protects a person ' s right to housing, which states that a citizen may not be deprived of housing for no reason, and that a decision or regulation must come into force.
Exit in the Winter Period
According to the Housing Code, eviction from the apartment during the winter period is possible; the owner of the premises may demand the eviction of the tenants at any time of the year; it is only important to find a basis for this; there are no official prohibitions on the eviction in winter.
In most cases, in order to evict the tenants, it will be necessary to apply to the courts and the judicial officers will examine the facts that indicate that the tenants are in breach of the terms of the lease, and the court may order the early eviction of the citizens at the end of the proceedings.
From a municipal apartment
Article 90 of the Criminal Code provides that citizens may be evicted for debts owed by the commune, in which case they may be provided with other housing.
Also, citizens may be evicted from municipal premises for:
- Immoral behaviour;
- A violation of the rules of residence.
Under the legislation in force, the owner may not be expelled from privatized housing for payment of utility charges; if the owner of the dwelling is in arrears, he may be subject to penalties.
However, such housing may become State property for public purposes, including winter.
According to the Housing Code, eviction from official housing is possible in the following situations:
- Residents caused damage to real estate;
- The duration of the rental of the dwelling has expired and the citizens are not in a hurry to leave the premises;
- Residents are in arrears in the payment of utilities;
- The employment contract was terminated.
If the tenants have violated the standards of residence, the eviction is carried out in a court of law.
From the dormitory.
Removal from the dormitory shall be carried out in the same manner as in the case of office premises.
However, the following categories of citizens cannot be evicted without the allocation of other housing:
- Persons with disabilities;
- Family members of law enforcement officers who have disappeared or died.
It is possible to evict tenants by agreement or by the courts; some owners register tenants in their apartments; this makes the eviction procedure much more difficult; it is therefore necessary to weigh all the pros and cons before issuing a propiska to outsiders.
It is recommended that the owners of the premises:
- Not to rent the premises to citizens without checking their capacity to pay;
- Agree on a method of paying rent through the bank from the citizens ' account;
- To entrust the tenants with the obligation to pay the commune;
- Regularly check the payment of utility fees on receipts.
Residents with registration
The existence of registration makes the procedure for the release of housing more difficult and gives citizens the opportunity to live in an apartment.
Only the OFMS authority may remove the registration of citizens. It may proceed on the following grounds:
- If there is an eviction order;
- If the tenants themselves have applied for deregistration.
In addition, de-registration shall be effected:
- On presentation of the death certificate;
- If there is a court sentence for the deprivation of a citizen ' s liberty;
- If the court has ruled that a person is missing;
- If the court has ruled against the citizens who committed the false propiska.
With minor children
Their minor children often live with the tenants of the premises; if there is no written agreement between the employer and the owner, they are not entitled to stay in the premises in the same way as adults.
If a contract has been drawn up between the owner of the dwelling and the tenants, it will only be possible to obtain the eviction through a court, and there is no specific legal provision in this situation that would be favourable to tenants with children.
Forced or voluntary
As a general rule, the owners of the premises try to resolve the issue of eviction on a voluntary basis. If the tenants violate the rights of the neighbours because of noise, they can be asked to correct the violation by alerting them to the possibility of eviction. In some situations the tenants make concessions and the matter can be resolved peacefully.
But if the tenants refuse to leave voluntarily if there are compelling reasons for doing so, the owner will not be prevented from going to court.
Mode of action
How should the owner act if he wishes to evict the tenants for good reason:
- First, it will be necessary to notify the tenants of the desire for early termination of the contract, and it will be necessary to point out the evidence of a breach of contractual obligations, and to warn the residents not later than three months before the date of the alleged eviction, and to leave the premises within a fixed time limit.
- If the owner wishes to evict the tenants on a basis not provided for in the contract or prescribed in the law, if it is necessary to apply to the court, the court may decide on such matters only if the contract has been in writing and the owner has paid the taxes properly.
A police station may also be used to evict tenants; however, it is not the responsibility of the police to decide whether to release the accommodation from the tenants with a lease; it is likely that the police will advise them to go to court in this case.
It is reasonable to contact the police if the tenants live without a contract, but the owner of the dwelling is at risk because the police can report it to the tax inspectorate, and it has been shown that not all tenants pay the NPFL.
Recourse to the courts
Before resorting to a court of law, employers must be warned of eviction in pre-trial proceedings and a written notice may be sent indicating the reasons for the eviction.
If the tenants refuse to comply with the requirements specified in the notice, the owner will have to file a claim with the court.
Such paper must include the following particulars:
- Name of court;
- The FIO of the resident population;
- References to legislation confirming the possibility of making claims on the part of the owner;
- Listing violations that constitute grounds for eviction;
- a bill for payment of the mistress.
If the claimant makes non-material claims, the amount of the duty is about 200 roubles, which can be paid through the bank.
A model application for eviction of tenants is presented here.
The court ' s decision on the eviction is heavily influenced by the existence of evidence, since the court checks the evidence in favour of the plaintiff ' s case before it is rendered, and the evidence must be prepared in the most comprehensive manner.
They're gonna be okay:
- The testimony of the members of the LCU on the payment of public utilities;
- The testimony of the neighbours that the employers had damaged the accommodation;
- Evidence of late payment of receipts received from tenants for deferred rent;
- Photos taken prior to and after the residents ' presence as evidence of damage to property;
- Audio recordings of conversations with tenants or videos.
If the court fails to satisfy the evidence provided, the claim from the owner may be dismissed.
Judicial practice is such that the decision is taken individually on a case-by-case basis, taking into account existing legislation; in fact, it is possible to evict "in no place" during the forced heating season.
The most frequent recourse to the courts is from the owners of the premises, the neighbours whose rights have been violated, or the representatives of the management company.
If an eviction order is issued by the court, the citizen shall be removed from the register at a specific address following the presentation of a legal act to the OFMS.