How to evict a tenant from an uninhabited apartment without a trial, through a court of law

There have always been risks involved in running any business. The rental of real estate is one of its types.

In doing so, entrepreneurs often face the problem of non-payment and free use of premises, and the reasons for doing so are many.

How is it appropriate for the owner or lessor to act in a situation where the tenant does not pay or release the premises?

Options for possible action

In a situation where rents have not been paid for a long time and it is necessary to evict an abusive tenant from a non-residential place, there may be several options. They depend on:

• The existence of a lease agreement;
• The Panel recommends no award of compensation for loss or damage resulting from Iraq's invasion and occupation of Kuwait as a result of Iraq's invasion and occupation of Kuwait.

If there is no lease, then there are consequences and the need for certain procedures.

Treaty in force

Article 614 of the Civil Code of the Russian Federation imposes on the lessee the obligation to pay rent at the time and as stipulated in the lease contract, which gives the lessor the right to claim payment of the debt if it arises; the reasons for its occurrence are of no significance other than that provided for in the agreement (e.g. force majeure).

In order to choose the right way to recover debts, it is necessary to keep in mind the contractual frequency of payments: monthly, several months, once a year, and so on; the contracting party may propose early termination of the contract on a double-off basis.

Thus, if the employer has missed the contractual payment period twice, the employer has the right, in accordance with article 619 of the Russian Civil Code, to demand its termination.

End-of-life agreement

If the lease has expired and the employer does not release the premises and does not pay rent, it is possible to try to resolve the dispute without trial.

This requires that the claim be addressed to the lessee, reminding him of the need to release the premises in connection with the termination of the contract and indicating the period of time within which this must be performed.

At times, employers are motivated by their reluctance to release a non-residential dwelling by a persistent offer to extend the lease period and restructure the debt, and there is a full right of the lessor to refuse such offers.

Coercion of coercion to release the premises

How to evict the tenant of an uninhabited apartment? In order not to exercise self-government and to avoid a counter-claim by a bad-faith partner, procedural procedures must be followed. There are several options to develop the situation.

For example, the counterparty simply escaped: took away his property, vacated the premises without surrender on the receipt certificate, and the lease did not terminate or pay for it.

In this case, a claim for termination of contract, payment of debts and loss of profits should be submitted to all known addresses.

It is possible to apply to the court for a regular application for recovery of debts.

In other cases, eviction from a non-resident ' s home by an abusive tenant takes place in the following order.

Submission of a claim

• Judicial practice has shown that compliance with this paragraph is a strong argument in the subsequent termination of the lease.
• Before removing the tenant from the occupied non-residential premises, the lease agreement is carefully reviewed first.
• 

Further, it is required to file a claim for payment of the outstanding debts and to set a time limit for the execution of the claim in order to avoid further controversy.

A claim must be submitted in such a way as to provide a written acknowledgement of receipt by the addressee.

• The personal service of the employer or his authorized person under the letter of receipt in the form of a copy of the employer;
• Mailed by registered letter with notification to all known addresses.

Termination of contract

The model lease contract provides for avoidance of the lease, most often because the lessee repeatedly failed to pay the lease, so it would be reasonable to include a notice of termination in the claim, which will be considered avoided from the date of the consignee ' s notification.

It would be much more difficult to legally evict a tenant from a non-residential premises if the contract did not contain such a clause.

Article 450 of the Russian Civil Code establishes the grounds for the unilateral termination of the lease; one of the paragraphs provides for this possibility, but its termination will have to be processed through a court or wait until the date of its termination; each will have to decide on its own that it will cost less and take less time.

Recourse to the courts

The most ideal and painless way of terminating a contract is by agreement between the parties, the agreement and the act of receiving and transferring the property is signed, and then the lease debt is recovered.

The relocation of a tenant from an uninhabited premises in a court proceeding can be carried out even in an accelerated manner, with a debt of less than 300,000 roubles (100,000 roubles for IP) and the court decision may be in three or four months; in other cases, in the normal course.

A claim for eviction of an employer, other than a claim for payment of rent arrears, damages and interest on the use of other persons ' funds, may include a claim clause.

Where supporting documents are available, a claim for loss of profits may be made.

The statement of claim must be accompanied by copies of the contract, payment documents, correspondence with the counterparty and other evidence; it shall be deemed to have been valid until the court ' s decision is reached.

Enforcement of the court ' s decision

The reason for the eviction from the non-residential premises of an abusive employer can only be based on a court decision; it is not necessary to take away or retain the tenant ' s property on its own, as this can be characterized as self-government and a counter-claim.

The executive list shall be presented to bailiffs, who shall assist in the eviction of the debtor from the occupied premises by force.

Another option is to fear that the counterparty might escape without paying the rent arrears and have some property, so it is worth applying to the court for interim measures.

The court's decision to surrender to the bailiffs.

It appears that it is possible to evict an unfair employer, but this may take a long time, and if he is insolvent, he may suffer damages.

In order to mitigate the lessor ' s risk, in determining the terms of the lease agreement, it is necessary to include paragraphs on the possibility of its unilateral termination and action in cases of repeated violation of the lease.

Removal from non-residential premises, jurisprudence of tenants and owners

At present, non-residential premises used for commercial purposes (magazine, office, warehouse) are a target in the business environment; the latter are actively renting them, giving priority to sites that have a convenient location and the right machetes.

There is a category of tenants who have been paying maintenance fees for a long period of time, but there are also those who tend to violate the terms of the contract: the owners of offices and warehouses have to fight to drive unfriendly businessmen out of commercial areas; however, the reasons for the cancellation of the lease contract may differ.

The identity of the non-residential room

The law does not explicitly regulate this concept, but it can be concluded from the legal provisions of the LC and the HC that non-residential accommodation must be a immovable and isolated object that is used for commercial, administrative and social purposes.

In any case, it is not suitable for living, and offices and shops must also meet technical and sanitary requirements (there must be a separate entrance, ventilation, water supply, lighting, heating, etc.).

Methods of use of non-residential accommodation

There are two options for the exploitation of non-residential areas:

1. Legal (the owner of the warehouse or office formally enters into a lease agreement with the entrepreneur/companie and the surrender site is used under the terms).
2. Illegal (papers are not processed, the owner of the premises has arranged in word with the businessman for the provision of a specialized space for loan use).

While in the first case the question of the eviction of an entrepreneur from the occupied area is not particularly difficult (dissolved the terms of the contract – the document automatically dissolves), in the second case, 99 per cent of the cases still arise.

It would be difficult for the owner of the office to prove that the counterparty did not comply with what they had agreed orally, and the owner of the premises himself could be subject to penalties for failing to report revenue to the tax authority.

Grounds

The owner of both the commercial site and the real estate is entitled to cancel the agreement and, accordingly, to demand the release of the territory if there is:

• Late payment for the use of the facility or utilities;
• The misuse of the facility;
• Disruption of public order in the operation of the facility;
• Deliberate damage or improper maintenance of property;
• The tenant rents the premises to a third person without the knowledge of the owner.

As a rule, the transaction is cancelled due to the employer ' s failure to pay rent.

The grounds listed are based on the fault of the employer of the property, but the owner of the non-residential premises may legally terminate the rental relationship for objective reasons, namely:

1. The agreement has expired and the owner of the premises does not intend to renew it.
2. The owner of the premises sold it to another person who did not plan to give up the property further.
3. The commercial site has, over time, become unusable for emergency use.

With the intention to cancel the contract, the lessor is obliged to notify the counterparty, preferably in writing, in which case the owner has a formal right to require the employer to remedy the defects or irregularities.

However, if the latter were large in scope, it was possible not to comply with the notification procedure; it was sufficient to address to the counterparty the claim that there was a material breach of contractual obligations and the agreement should therefore be cancelled.

Without the involvement of the court

If the owner of the warehouse or office has made a final decision to terminate the lease, he must:

1. To inform the counterparty orally of the intention to cancel the agreement and to propose that the premises be vacated within the prescribed time limit.
2. To notify the employer in writing of the reasons and time during which the equipment or stored products are to be exported.
3. Formulate the cancellation of the contract in two copies and send it to the lessee for signature.

The procedure for the transmission of the above-mentioned documents is of great importance. Notification and termination agreement may be given in person (with a request for a receipt or an appropriate stamp) and the case may also be entrusted to a legal representative (the possession of a power of attorney is mandatory). There is an alternative to sending documents by mail by registered letter of notification.

Time frame

In the notice, it is advisable for the employer to indicate the time period during which the entrepreneur must release the premises; if there is no such time, the counterparty is required to give the keys to the warehouse or office 30 days after receipt of the notice.

If the entrepreneur delays the signing of the papers and does not rush to release the premises occupied, the best way out of this situation is to go to court, which requires the preparation of a statement of claim and the payment of a government fee.

With the assistance of the court

If the lessor has no experience in litigation, it makes sense to entrust the case to a professional lawyer, who will not only sue the defendant, but will also be able to represent the plaintiff in a public institution.

While the landlord of real estate has in the past had to file an application for eviction from an apartment without the provision of another dwelling, it will not be difficult to write a paper requiring the release of a commercial site.

Phases

• A claim for eviction (personally, through a representative or by mail by registered letter of notice) must be addressed to the defendant before going to court.
• The next step should be to collect evidence to substantiate the claims (rental contract, audio, video, witness papers, etc.).
• Then we can start:

• To prepare a statement of claim;
• The payment of the civil servant ' s fee;
• :: Transmit the application and the documents attached to it to the Office of the Court;
• Participation in the trial.

At the final stage, the case is decided, and if the defendant does not perform it voluntarily after the entry into force of the law, the executive list is handed over to the FSPF staff, who are already implementing the verdict of the Femida representative in practice.

Statement of claim

The document should be based solely on legal proceedings, and the statement should state:

• Name and location of the vessel;
• Information on the plaintiff and the defendant (F.I.O., address, telephone numbers, e-mail/name and company address);
• The reasons for the eviction (with reference to the paragraphs of the contract that have been violated);
• Requirements and legal basis (with legislative acts);
• A numbered list of the attached documents;
• Date and signature.

The removal from non-residential premises is a category of non-material cases, and if there is a dispute between physical persons, the size of the government is 300 rubles, if there are 6,000 rubles between commercial entities.

Annexes

A list of documents must be attached to the statement of claim, as follows:

• Right-making documents for real estate;
• Lease agreement;
• A copy of the claimant ' s passport/registration documents of the company or IP;
• Written evidence in support of the claims (letters, notices, pre-discussions);
• A document confirming the payment of the Minister ' s office.

On average, the trial lasts between 1.5 and 2 months and the defendant may appeal against the court ' s decision, in which case additional time will be required for the legal proceedings to be carried out.

Judicial practice

In the Russian Federation, a significant percentage of requests for eviction from non-residential premises are related to the late payment of rents; in the case of occasional delay, the case does not usually reach the intervention of the representative of Femida, and if it does, the decision on eviction is not taken.

A single violation, as the jurisprudence shows, is not material, although in the latter case the defendant is obliged to make full reparation for the material damage, and the arbitrator is required to analyse in detail the nature of the violation in order to decide on the eviction.

The case is expressly decided in favour of the plaintiff if the employer knowingly fails to pay rent, damages property or disrupts public order in the use of the commercial site.

Conclusion

The procedure for the eviction of a tenant from an occupied non-resident ' s premises is carried out in accordance with the procedure established by law; cases in which the tenant is under exclusive oral agreement are more difficult for the lessor; and if there is a lease agreement, there will be no problem.

The pre-trial procedure set out in the terms of the contract was initially applied, if it proved ineffective, the court would always be on the side of the owner of the premises, subject to a serious breach of the contract by the lessee.

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The renter does not release the premises.

By paraphrasing the words of the private voice of the Soviet film "Beware of the Car", every owner of an uninhabited apartment who doesn't have a tenant wants to find a tenant quickly, and every owner of an uninhabited apartment who isn't paid for rent is dreaming of getting rid of an unfair tenant quickly, and sometimes he can't kick out the tenant because he doesn't know how.

Lease disputesThe article is a logical extension of the previous article, "The lessor does not pay rent", and will be interesting to the owners of real estate and to the use of real estate under the lease agreement.

Both lessors and tenants often ask whether the lessor is eligibleRestrict the tenant ' s accessto the premises orDisable the lesseeCommunication (water, electricity, etc.) to evict the tenant?

The measure is quite effective, but it can also have a negative impact on the lessor.

If you don't have time to read it, I'll tell you right away, the lessor is entitled.Restrict access to premisesthe tenant or the tenant ' s employees and, for example,Disable the tenant's water,But there are a number of nuances!

I will try not to rewrite the civil code and make it as clear as possible.

How to Banish the Tenant

We assume that there was a lease agreement between the lessor and the lessee that contained all the essential conditions, and let's say the lessee stopped paying the rent, because the lessor is interested in the renter bringing the money, the lessor decided to break up with the lessee.

If it was not possible to reach a termination agreement,renter does not vacate the premisesThe fact is that, despite a clear violation by the lessee, the demand by the owner of the premises to release the premises will not always be lawful.

• Grossly speaking, under the lease agreement, the lessor must transfer possession and use of the premises to the lessee, and the lessee must make rent payments, and if the lessor is in breach of his or her obligations, this does not mean that the lessor may not perform his or her obligations.
• If the treaty is in force, it is necessary to see how it can be terminated:
• — Whether the treaty provides for the lessor's right to refuse to perform the contract unilaterally out of court, if so, whether there are circumstances that give rise to the lessor's right to refuse to perform the contract,
• — if the treaty does not provide for a unilateral waiver, whether there are sufficient circumstances to bring a request for avoidance before a court.

Exiting through court may take a long time.

In the Moscow region, even under the optimistic option, if the lessee does not delay the proceedings, the court will show the wonders of the speed of the proceedings, with difficulty in imagining the possibility of obtaining a court decision that entered into force earlier than four months after the filing of the claim, and it is not possible to forget the claim order, which is generally 30 days.

1. All this time, the lessor may not receive the rent due to him, nor will he receive it even if the amounts are awarded, as the lessee may be insolvent.
2. The details of the eviction of the tenant in court will be discussed in the following articles, and today only preventive measures will be addressed.Restriction of the tenant ' s accessInto the room and, for example, the power outage.
3. For a number of tenants, such restrictions make it impracticable to continue.

Not all tenants are willing or able to afford to apply to the courts for protection of their rights, although there are those who do not mind earning that the lessor is mistaken about the legality of his actions.

Restriction of the tenant ' s access and cut-off of electricity

• Untrained from a legal point of view and regardless of the implications of their actions, lessors often resort to such a measure of influence on the lessee asRestrictions on the tenant ' s access to the premises.
• There is a view that it is sufficient to specify in the contract the right of the lessorRestrict the tenant ' s access to the premisesand the lessor ' s actions would not be illegal in any case.
• In the past, I would also believe that this position is justified, but with experience it is understood that it is not so clear and that if the case comes to trial, it may not be enough simply to state the relevant condition in the treaty.

The question of the validity of the restriction on the lessee ' s access is well founded, since under the lease contract the lessor is obliged to transfer the lessee ' s premises, given that a unilateral waiver is not permitted under the general rule, the actions of the lessor to restrict access may be considered by the other party as a breach of the terms of the contract.

1. It is clear that by prohibiting the lessee's staff from passing, the lessor is primarily trying to protect his interests.
2. By restricting access, the lessee may, intentionally or inadvertently, beginHold the tenant ' s propertywhich could also provide a strong argument in the negotiations for an out-of-court termination of relations.
3. With regard to preparing the lessor to restrict access, I am referring to the fact that the grounds for such conduct of the lessor should not simply be provided for in the contract, but should be clearly regulated in the lease contract and meet the criteria of reasonableness.
4. There is jurisprudence in which the courts have found the inclusion of the term in the lease to be lawful, on the basis that the parties are free to determine the terms of the contract, and a number of court decisions are based on the assumption that the condition is of a security nature.
5. On the other hand, the court may also support the lessee if it recognizes the lessor ' s action to restrict access to a disproportionate breach of the lessee, to declare the lessor ' s actions illegal with all the negative consequences.
6. This is not to say that there is a practice that a unilateral waiver may be declared illegal.
7. In other words, the court, when considering the dispute, on its own initiative or on the initiative of the informed representative of the lessee, may consider it necessary to examine the proportionality of the lessor ' s actions with respect to the violations committed by the lessee.

In fact, the solution to the dispute is not as obvious as it may seem at first sight, and if an experienced lawyer is involved at an early stage of the conflict, it may have a significant impact on the outcome of the case.

Thus, the court may consider that the lessor ' s actions are disproportionate if the amount of the debt or the period of delay is negligible.

In addition, the court may assess the parties ' actions in the pre-trial settlement of the dispute.

In support of the lessor ' s position, reference may be made to article 328 (2) of the Civil Code of the Russian Federation, according to which a party to a contract may suspend the performance of its obligation or refuse to perform the obligation if the other party has not been granted counter-performance.

In other words, if the lessee fails to pay, there are circumstances that indicate that the rent will not be paid within a reasonable period of time under the stipulated article.

328 CC of the Russian Federation, the lessor is entitled to exercise his right not to fulfil his obligations to provide access to premises.

• In conclusion, it is necessary to read the terms of the contracts carefully, as it applies to both lessors and lessees, since it is not uncommon for lessors to be interested in the content of the lease contract only when a problem arises.
• Get a specialist to prepare the lease, and that'll save you time and money.
• If you're not sure if you can restrict access or cut the room off from communications, you should consult a lawyer so that you don't have to pay for your self-confidence.
• Questions on disputes arising out of a lease contract can be asked in comments and do not forget to subscribe to the distribution of publications.

Removal of illegal judicial practitioners from non-residential premises

According to current practice, non-residential premises are generally used by organizations and IPs as business outlets, as well as as as warehouses and offices.

The article will examine how evictions from non-residential premises are carried out, what grounds may be considered sufficient to evict the tenant, and where evictions are accompanied by the provision of improved housing.

Use of non-residential premises under lease agreement

Removal from non-residential premises

In most cases, the use of non-residential premises is based on a lease agreement concluded between the owner and the lessee, and the following aspects are taken into account when the parties conclude the contract:

1. The rental area of the rented space in m2 is free to rent both the premises and part of the premises. Businesses engaged in commercial activities tend to rent the premises in full, while part of the premises may be rented by a bank to house the ATM (2 m2).
2. Use charges. Depending on the agreement between the parties, the rent for the non-residential premises may be expressed both in a firm amount (e.g. 2,000 roubles/mix) and in a combination (rental charges + reimbursement of actual electricity, gas, other resources).
3. Method of payment: As a general rule, the lease agreement provides for a monthly payment for the tenant ' s use of the premises, and the parties may agree on quarterly and even annual payments; payment must also be recorded in the contract (e.g. up to the 5th of the following month, up to the 1st of the current month, i.e.). The lease agreement may also contain information on the need for the lessee to pay full payment for the last month of the contract.
4. Duration of the treaty: The parties may agree on a certain period of validity of the agreement (e.g. until 01.01.2020) or conclude an indefinite treaty whose termination is mutually agreed between the parties.
5. Liability of the parties: One of the binding provisions of the contract is the determination of the liability of the parties in the event of a breach of the terms of the agreement (breach of payment by the lessee, failure to provide the necessary services by the owner, etc.).
6. Parties ' requisitions: The contract must contain full information from the parties, including the name of the organizations (FIO IP), the legal address (for IP - propiska address), the full bank details.

The treaty shall enter into force after it has been signed by each of the parties and stamped (if any).

A model of a lease agreement between legal entities is possibledownload here the model of the non-residential lease agreement.

Read also article, Emergency housing.

Removal from non-residential premises

The tenant may be evicted from the non-residential premises on the initiative of the owner if there are substantial grounds for doing so as provided for in the Civil Code; however, the tenant may leave the premises on mutual agreement with the owner.

Read also article ♪ Can you evict from a dormitory with a permanent propiska?

Grounds for eviction

A summary of the grounds for the eviction of the tenant from the non-residential premises is provided in the table below:

No.	Ground for eviction from non-residential premises	Description
1	Expired lease term	The tenant is required to release the premises after the expiry of the specified period of validity of the agreement.The owner is not obliged to further inform the lessee of the need to release the premises, unless otherwise provided in the contract.
2	Exit on the initiative of the owner upon conclusion of an indefinite contract	Under article 610 of the Russian Civil Code, an indefinite contract may be terminated at the initiative of one of the parties, provided that the other party is warned at least three months before the planned eviction.The owner must notify the lessee in writing, indicating the period of termination of the contract and the period of eviction.
3	Early termination on the initiative of the owner (agreement concluded for a specified period)	The parties are entitled to the early termination of a fixed-term contract, subject to the grounds laid down in article 619 of the Civil Code of the Russian Federation. Similarly, the termination of an indefinite contract is based on a written notice given to the lessee indicating the reasons for the termination of the agreement (e.g. failure by the lessee to comply with the conditions of operation of the premises).download here the notice of early termination of the lease.
4	Non-residential premises confiscated by the State	The eviction of a tenant from a non-residential premises may be based on a document issued by the federal or municipal government authorities and must contain the following information: The grounds for the release of the premises (their transfer to public property); The period of termination of the lease; The renter ' s release of the non-residential premises.

Read also the article "Techpasport for a house in BTI".

Eviction procedure

In general terms, on the basis of notice of early termination of the contract, the lessee shall release the premises within the specified period, after which the parties shall draw up the act of acceptance and transfer of the premises (the act of return to the owner).

If the tenant refuses to leave the premises for one reason or another, the owner may initiate the eviction procedure.

The removal of the tenant from the non-residential premises on the initiative of the owner shall be carried out in accordance with the following steps:

Step 2: In the event that the lessee has not left the premises within the prescribed time limit (as notified or in accordance with the terms of the contract), the owner is entitled to bring the claim before the court and has prepared the following documents in advance:

• Application for judicial review, which may be submitted to the Committee on the Elimination of Discrimination against Womendownload here an eviction claim;
• A receipt for the payment of the public service;
• An extract from the State Secretary confirming the ownership of the premises;
• Information on the non-residential area (copy of the premises ' transport document);
• A copy of the lease agreement;
• Notice of early termination of the contract signed by the lessee of receipt;
• Other documents proving that the lessee has violated the terms of the premises or the terms of the contract (if any).

Step 3: A decision to evict a tenant from a non-residential premises is made in a standard court proceeding.

In the event that the court decides in favour of the owner, the lessee is obliged to release the premises within the time limit specified in the execution sheet.

Eviction with improved accommodation

The terms of the contract may provide for the right of the tenant to be evicted and to be provided with a better accommodation if the original contract is deemed to be unserviceable.

The grounds for resettlement in this case are the certificate issued by the local authorities, in which case the eviction from the non-residential premises of the tenant is carried out with his consent and on the basis of a notice given by the home administration at least six months before the planned eviction.

Removal from non-residential premises 2023 — tenant, judicial practice, without trial, model notice, claim, owner

Non-residential accommodation is an area that is used for any purpose other than residence, because the conditions created are not suitable for a person to live in.

Non-residential premises: offices, warehouses, shops and so on, but if a person's residence is recorded in this area, the owner or owner may lose possession.

Owing to the complexity of the case, such cases are often dealt with by the courts.

Status of the premises

The legislation does not define the precise criteria to be met by the premises in order to be considered non-residential.

A distinguishing sign is isolation from accommodation, but some objects are not isolated, for example if the store is located on the first floor of a multi-storey house.

Grounds

The grounds for evicting a person from a non-residential premises are as follows:

1. The agreement expired on the basis of which the area was leased and the eviction would require a notice to be given to the employer, who would report the termination of the partnership.
2. When entering into a lease without a fixed period of termination, the owner may at any time request the release of the premises, but if the tenant does not wish to resolve the matter peacefully, the owner may file a claim with the court to terminate the agreement.
3. The lessor may terminate the employment contract at any time and the tenant ' s removal from the non-residential premises shall take place after the court has granted the claim.
4. The State has determined that it is necessary to remove the object from the owner.

For a room to become a non-resident, it will be necessary to:

• A separate entrance that will not involve accommodation;
• No objection by third parties;
• No one must live in the premises, not even the owner.

The most common reason for eviction is:

• Confiscation of property pursuant to a court decision;
• Recovery of property for debts;
• The State's recovery of property on good grounds.

Legal regulation

The following legislation regulates the matter:

• Article 22 of the Code of Criminal Procedure, which defines the process of transferring accommodation to a non-residential place;
• Article 619 of the Civil Code of the Russian Federation, which regulates the termination of the lease contract before the specified period;
• Article 452 of the Civil Code of the Russian Federation, which establishes the procedure for the termination of a contract;
• Article 85 of the Constitution of the Russian Federation, which stipulates that a person may be expelled from his or her premises only if he or she is unfit for housing;
• Article 450 defines the general grounds for unilateral avoidance of a treaty.

Removal from non-residential premises

A number of factors determine the manner in which evictions from non-residential premises are carried out.

Owner

Nuances to be taken into account in eviction from non-residential premises:

• If the premises are deemed to be non-resident during operation, an alternative place of residence is provided;
• A letter must be sent before the eviction (no sooner than six months before the eviction);
• It is only when the voluntary release of the premises is refused that recourse to the court is required;
• The tenant is obliged to provide explanations that will help to understand the reason why the premises have not been vacated;
• The court ' s decision is rendered even if one of the parties did not appear at the hearing.

Tenant

In order to evict the tenant from the non-residential premises, the following procedures must be followed:

1. If the tenant is a legal person, the eviction can only be terminated before the contract is due, or if an eviction agreement has been concluded.
2. If the tenant agrees to release the premises within the specified period, no action is required; if the lease is terminated and the money for the premises is paid in advance, the owner shall return them.
3. If the tenant does not agree to the eviction, a lawsuit shall be filed.

Termination of lease

The grounds for terminating the lease may vary, all of which are described in the Civil Code of the Russian Federation.

According to article 619, early termination is possible if:

• The lessee violates the terms of the contract;
• Property is misused;
• The rent was not paid for more than two months;
• If the agreement requires the lessee to pay for the maintenance of the premises, but does not do so.
• Other conditions.

Other conditions may include any ground that the owner will be required to release the premises from the tenants; therefore, all cases where one party disagrees with the other party ' s actions are decided by the court.

Will it work without a trial?

There are cases in which eviction may occur without recourse to a court, and conditions will be stipulated on the basis of article 450 of the Criminal Code of the Russian Federation, the main condition being a voluntary agreement by the tenant to leave the premises.

If the lessee disagrees, however, he or she is not obliged to release the territory and the owner is not entitled to influence the decision of the citizen in any way.

Judicial proceedings

In order for the case to proceed quickly, the owner would need to prepare a statement in accordance with all the requirements of the country ' s procedural law; the claim must be written by hand.

The statement of claim must contain the following data:

• Name of organization;
• Contacts between the two sides;
• Description of the area;
• The grounds for eviction;
• Confirmation of the refusal to release the premises voluntarily.

A model for a statement of claim to evict a person from a non-residential home here.

Other documents

In addition to the application for eviction, additional documents will be required before the court:

• which confirm the technical condition of the space and the data transmitted on the characteristics of the area;
• A contract with public utilities;
• A certificate of succession;
• The certificate of marriage;
• Lease agreement;
• Evidence of breach of contract (witness statements, cameras, photo and video files, transcripts, etc.).

Judicial practice

Cases of eviction of citizens are complex, even by the standards of the arbitral tribunal, and only when there are compelling grounds for terminating the lease can they be removed through the court.

By 2023, judicial practice determined that such cases differed from the rest of the following nuances:

• If, after the expiry of the contract, payment for the following month has not been made by the lessee, the owner of the real estate has full right to issue a notice requesting the release of the area occupied;
• If the lessee has not responded to the notice, the owner has the right to file a claim with the court;
• A claim setting out all the requirements and conditions shall be expelled to the lessee before filing the claim;
• The State has the right to withdraw the premises for its own use.

An action is possible not only by the owner of the premises, but also by the prosecutor, the employer and others; all issues and differences between the parties are resolved by the court.

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Removal from non-residential premises

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Author: Peter Romanovsky, author ' s lawyer Rating: 5 Articles written:540

Removal from non-residential premisesmay be in the circumstances specified in the lease agreement.

Non-residential accommodation may be granted on a temporary basis to citizens and legal entities, which may be arranged by means of a lease agreement or an indefinite lease, and the legal nature of the lease may determine the circumstances in which forced eviction from the premises is possible.

Civil law provides for the following situations where the owner has the right to claim the release of the non-residential premises:

1. End of the agreement.
2. Refusal by the lessee of the voluntary release of the immovable property provided for indefinite use.
3. Existence of a court decision to forcibly evict a user from a non-residential facility.
4. Transfer of ownership of an immovable property that does not give rise to succession of the parties.

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Grounds for eviction from non-residential premises

Since the grounds for the forced release of the leased facility are provided for by law, the owner must comply with the eviction procedure.

The existence of the grounds is initially determined by the owner of the building, and it is the particulars of such grounds that determine the further procedure of eviction when prior notice of the release of non-resident real property is required.

Once the dispute has been referred to the courts, the circumstances of the eviction are to be established and proved during the trial; each party has an obligation to prove the facts to which it refers.

Method of eviction from non-residential premises

The removal from the non-residential premises upon expiry of the contract does not require further notification to the user, although in practice the owner does not know in advance of the intention to renew the agreement, in which case the lessee has the opportunity to prepare in advance for the release of the premises, and if he refuses to do so, a claim should be filed with the court.

If the contract is concluded without a period of time, the owner is obliged to give written notice of the termination of the agreement within a reasonable time.

In practice, such notice is given one month before the expected date of termination of the contract; if the user does not release the premises within the specified period, the owner shall have the grounds for applying to the court for forced eviction.

In situations where the lessee is in breach of the essential terms of the contract, an early termination of the contract may take place. The law provides for the following situations where an agreement may be terminated ahead of schedule at the request of the owner:

1. Systematic violation of the terms of payment for the use of a non-residential building.
2. Significant deterioration of real property, which may lead to damage or destruction.
3. Violation of other contractual terms recognized by the parties as the basis for the early termination of contractual relations.

All these grounds oblige the owner to notify the user in writing that the terms of the contract and the requirements of the law are not to be violated; if the legal requirements of the owner of the facility are not met, he may file a claim for early termination of the contract and for forced eviction of the user.

As a rule, the transition to a new entity does not entail the termination of the contractual relationship with the user.

Forcible eviction in such cases is preceded by a written notice of the need to release the site occupied; if the user does not comply with this requirement, the eviction shall be carried out in a court of law.

Judicial practice

In cases where the owner has exercised the right to be evicted from non-residential premises, judicial practice generally protects the rights of the parties to the agreement; the termination of civil relations is permitted only under the conditions provided by law.

A significant number of disputes about eviction from such facilities relate to the determination of the following characteristics of the premises:

1. They are classified as non-residential property (identifying technical parameters specific to non-residential premises only).
2. The main purpose of such buildings and structures (not being able to use them for the permanent residence of natural persons; the purpose of their use is to produce, trade and other activities).

In addition to the grounds expressly provided for in the law, the court reviews the specific terms of the agreement between the lessor and the lessee, as well as the evidence submitted by the parties.

The essential nature of the breach of the relationship between the parties implies that the owner of the non-residential building (construction) suffers damage, which results in a substantial loss of what he was entitled to expect in the conclusion of the agreement.

In practice, disputes over late payment of rents constitute the largest share of such cases.

The case of one-time non-compliance with the terms of payment for use cannot be significant.

Only in the event of a systematic (continuous) breach of the payment period can the court find the violation to be material and may it decide to release the tenant ' s premises.

How to evict a tenant from an uninhabited apartment without a trial

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Between me, IP and XXXXH OP, a 364-day lease was entered into for the non-residential premises that I owned, and after five months on both sides, Dop was signed with effect from 01 August 2014 to terminate the contract.

However, until now, the tenant has not paid the rent for July, the premises have not been vacated, the premises are not used, closed, telephone calls are not answered, and the tenant ' s location is unknown.

I have a new, profitable tenant who's willing to enter into a lease with me, but how fast can I evict the old tenant?

Thank you.

With respect, Valerius.

C. Clarifying client

Thank you for the answer, but the tenant's property is on the premises, and I doubt I have the right to just open the premises myself without accepting it from the tenant under the Transfer Act. How does it happen to open the premises? And at what point does the obligation to pay the rent stop if the premises are opened without the tenant?

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Legal responses (2)

• Good afternoon!
• Since the contract with the lessee has been terminated, there are no obstacles and there is no need to resolve the matter through the courts in order to use its premises (open it and surrender it to the new lessee).
• You can go to court to collect your debt.

Dear Valerius, hello, in addition to the distinguished colleague's opinion, accept the following:

Do you have the formal termination of the contract, not clear only on the receipt/transfer certificate (transmission act) whether or not the premises have been transferred back, and has such an act been drafted or not?

If not, write urgently, give notice of its signature as a matter of urgency, and then leave the right to open the premises.

Then, after the expiry of the date with the two witnesses, open the room and take a photo and describe everything. Then, by order, set the cost of the storage and keep it up to demand. Of course, the cost will be borne by the undisturbed tenant.

Naturally, you also work in parallel with the Court of Arbitration of the Novgorod Region.