How to evict tenants who do not pay if there is no contract and under an agreement, how to evict tenants from a rented apartment without an agreement

Renting out living space for rent means having permanent passive income. There are no questions for residents when everything is going well. But sometimes they stop paying, interfere with their neighbors’ lives, mishandle property, and generally behave dishonestly. At such moments, the problem arises of how to evict tenants without breaking the law. Let's take a closer look.

Where to begin

The issue of eviction of tenants must be resolved with a correct assessment of the situation. In different circumstances, the actions will be different. The key question is whether there is a rental or rental agreement concluded with the residents. If there is no contract, eviction from the apartment will be faster and easier.

If there is an agreement, you need to pay attention to the following facts:

• whether the agreement has expired;
• what grounds for termination are indicated in the text;
• Are there any special individual conditions stipulated in the agreement regarding the eviction of tenants, which must be adhered to?

Important! The absence of an apartment rental agreement is convenient only in case of forced eviction. In other cases, you cannot do without it. For example, when it is necessary to recover damage caused to an apartment or to compensate for the losses of flooded neighbors below, the contract will become the central evidence in the case.

How to evict tenants if there is no agreement

Evicting tenants without an agreement is the easiest situation for an apartment owner. Legally, such residents do not have special rights to the apartment, like tenants under a contract.

Namely:

• cannot demand admission to stay for a certain period of time;
• are obliged to leave the living space at the first request of the legal owner.

In this case, there is no need to look for any specific grounds to evict them, as is the case with a contract. The owner's desire to vacate the living space is enough.

The “Ipotekaved” portal offers the following scheme for how an owner can evict tenants without an agreement:

1. Prepare your passport and a document confirming ownership (certificate or extract from the Unified State Register).
2. Arrive at the address where the apartment is located. Warn residents verbally about the need to move out.
3. If you refuse, call the police or local police officer.
4. Inform the arriving employees about the presence of unauthorized persons on your territory.

As a rule, the issue of how to evict tenants is resolved already at the stage of reporting the call to the police/precinct.

If tenants do not open or ignore the owner’s demands to vacate the apartment, changing the locks can help. You can evict tenants in their absence as follows:

1. Open up the living space.
2. Remove tenants' belongings.
3. Change locks to prevent tenants from returning.

It is necessary to remove the belongings of the former residents, otherwise they will have the right to recover from the owner the losses caused by their retention. In this case, the owner does not bear responsibility for the safety of other people's property.

Attention ! If you evict tenants without an agreement, then it will no longer be possible to demand money from them for unpaid rent, compensation for damage caused to repairs and other losses. There is simply no reason for this.

If the tenants changed the locks themselves, then the Ministry of Emergency Situations will help to open the apartment. Before the procedure, they will need to present proof of home ownership.

How to evict without court if an agreement has been concluded

The question of how to evict tenants from your apartment if there is a contract is more difficult to solve. The whole point is that the contract transfers relations to the level of formally secured ones, and therefore protected by law. It means that:

• the grounds for eviction are provided for by agreement or law, but not by the unilateral desire of the apartment owner;
• it is impossible to evict tenants without sufficient grounds or terminate the lease unilaterally;
• A specific eviction procedure must be followed, otherwise the tenants will be able to recover damages.

If there are written agreements, the law allows only two termination procedures - by agreement of the parties or through the court, if agreement cannot be reached. A unilateral notice of cancellation of the contract in this case has no legal force and will not help evict tenants from the apartment.

If the tenants do not pay, but the contract is valid

The only way to evict tenants who do not pay, make noise or otherwise disturb the neighbors' agreements or peace is to sign an agreement with them to terminate the contract and repay the debt.

The agreement can specify any conditions for termination of the contract. The purpose of the document is to evict people as quickly as possible and then collect payment from them. If the tenants move out and do not pay the money, such an agreement can be taken to court.

The agreement must contain:

• Full names of the parties, addresses and their names in the contract;
• a link to the contract being terminated;
• the period from which the contract is considered terminated;
• the procedure for transferring housing back to the owner;
• the procedure for repaying the debt, if any (at one time or in installments).

You can download the agreement form to fill out here.

After signing the agreement, you need to formalize the transfer of the apartment according to the deed. The act indicates the names of the parties, a link to the lease (tenancy) agreement and the condition of the apartment on the date of transfer. It is important to indicate the condition in as much detail as possible, because if the home is destroyed, the act will become important evidence of losses in court.

You can download the return form here.

If the tenants do not want to resolve the issue amicably, then the last way to properly evict tenants for non-payment is through the court.

If the contract has ended

If the term of the agreement has expired, and the text does not contain a provision for their extension, then the contract is considered terminated. This means that the day after the expiration date, the tenant no longer has the right to be in the apartment. In such cases, a scheme for eviction of tenants without a contract will help.

Important ! There is no need to enter into an agreement to terminate the expired contract - there is nothing left to terminate, it has already ceased to be valid.

If the contract has ended, the tenants have moved out, and they do not pay the debt, you need to prepare a statement of claim in court to collect the unpaid amount under the agreement, as well as interest or penalties.

The procedure for eviction through court

The need to evict tenants through the court arises if the text of the rental contract is in hand, but it is not possible to resolve the issue peacefully. Most often, the homeowner comes to solve the problem. You can evict after the decision to terminate the tenancy comes into force.

According to the law, the owner has three grounds for judicial termination:

• long-term non-payment of rent (if the contract is long-term - 6 months, if for a period of up to a year - 2 months);
• damage to residential premises by tenants;
• if the housing has become unsafe and it is no longer possible to live in it (a very rare reason).

The procedure for eviction is as follows:

1. Prepare and send to the tenant a claim for termination of the contract and eviction from the apartment. You can hand it over personally against signature or send it by registered mail with notification.
2. 30 days after delivery, you can submit documents to the court. To do this, you need to draw up and sign a statement of claim, attach evidence to it and submit it to the defendant’s place of residence. Since the defendant lives in the disputed apartment, the application can be submitted at the location of this housing.
3. During the trial, support your position in person or with the help of a representative by notarized power of attorney.
4. Receive a court decision to terminate the contract and vacate the apartment. It comes into force 30 days after adoption.
5. If a citizen does not evict voluntarily, then obtain a writ of execution from the court. Along with the decision to hand it over to the bailiffs for enforcement.
6. The bailiff will forcibly evict the tenant and vacate the apartment.

You can download the statement of claim for the court using this link.

The following evidence must be attached to the claim:

• the lease agreement itself with the transfer deed;
• payment documents (statements, receipts, inventories);
• complaint and response;
• extract about the apartment from the Unified State Register of Real Estate;
• receipt of payment of state duty.

Attention! Eviction through the courts can take several months, but today it is the only legal course of action if there is an agreement and the tenants refuse to vacate voluntarily.

Difficult situations

Next, we will consider a number of controversial issues. Tenants themselves often refer to them, believing that this will protect them from the danger of being evicted.

Tenants with children

If a tenant has children, he can be kicked out under exactly the same conditions as childless tenants. The presence of a child may become a mitigating circumstance in court when terminating a contract, but in general the procedure for evicting tenants with children does not differ from that described above.

A family with children is evicted depending on the existence of an agreement: with the involvement of the police, by agreement or through the court.

Important! There is no legal prohibition on evicting a family with minors. Regardless of the child’s age, tenants must perform their duties properly.

How to evict from a neighboring apartment or communal apartment

If the neighboring apartment or communal room is rented by noisy tenants who do not allow you to live in peace, you can try to evict them. The right to this procedure belongs only to the owner of the property, so you need to influence him.

The ways to evict neighbors are as follows:

• complaints directly to the owner that neighbors are noisy, litter common property, lead an immoral lifestyle that disturbs others;
• complaints to the district police officer about the tenants, who will be obliged to conduct an inspection based on the tenants’ requests.

Unscrupulous tenants face administrative liability for living without registration, and the owner of the property faces tax liability due to non-payment of personal income tax.

There are no other ways to evict tenants from a communal apartment or neighboring housing. Can neighbors do anything else: complaints to the management company or HOA will not bring the desired effect, since these organizations do not have enforcement powers.

Evict during winter

There is a common misconception online that in winter, from October (November) to March, tenants cannot be evicted. This is wrong. The winter period is not an obstacle to evict citizens. No law prohibits the eviction of tenants in a certain month.

Moreover, the eviction procedure itself can last for several months if we are talking about a judicial eviction. During this time, the winter season may well pass.

How to protect yourself

Unfortunately, there is no unified all-Russian list of unscrupulous tenants. Any citizen, who at first glance does not seem like a fraudster, can stop paying rent or even change the locks in the apartment.

A properly concluded rental agreement provides serious guarantees. If there is a written agreement, then if problems arise, you can recover:

• penalties or interest for non-payment of rent;
• compensation for damage caused if repairs are damaged;
• compensation for damaged furniture, if it was described in the act;
• time compensation for neighbors below in case of flooding.

We talked in more detail about renting housing, its differences from renting, as well as the procedure for concluding a contract in this article.

On the other hand, as stated earlier, the agreement may delay the eviction process. It is much easier to evict tenants if there are no written agreements. But it will not be possible to obtain compensation for harm if necessary.

You can ask our duty lawyer any questions you have regarding the topic of the article through the chat window or through the comment form.

• Additionally, we recommend reading about whether it is profitable to rent out an apartment on a daily basis.
• We are grateful to you for liking and reposting the article!

How to evict tenants without a lease agreement from an apartment?

Quite often, apartment owners rent out housing without drawing up an agreement. By neglecting the legal requirements that require entering into a tenancy agreement with tenants, landlords are deliberately taking risks.

This is fraught with the fact that tenants can neglect their responsibilities with impunity, not pay for housing, and treat other people’s property negligently. In such a situation, the owner is forced to organize the eviction of the tenants.

In this article we will look at whether it is possible to evict tenants without a contract and how to do it correctly.

Is it possible to evict a tenant if a tenancy agreement has not been concluded with him?

In cases where the owner decides to let tenants into his apartment without drawing up an agreement, the norms of the Civil Code of the Russian Federation and the Housing Code of the Russian Federation do not protect him. He does not have the right to refer to Article 687 of the Civil Code of the Russian Federation, which provides grounds for termination of the agreement and eviction of tenants.

At the same time, he has the right to demand that the tenants move out, since they have no legal basis for living in the apartment.

The owner resorts to eviction in the following cases:

• regular complaints from neighbors;
• use of housing for other purposes (office, workshop, warehouse, store);
• negligent attitude towards other people's property;
• regular parties, alcohol abuse, shouting, fighting;
• evasion of rent and utility payments;
• threat to the life and health of the owner or other persons;
• subletting premises to third parties.

The most common reason is failure to pay rent.

How to evict a tenant if there is no agreement signed with him?

When evicting tenants without an agreement, it is useless to resolve the issue through the courts. The owner will not be able to provide evidence of the tenants' residence. There are only two options left: resolve the issue peacefully or write a statement to law enforcement agencies.

Despite the fact that there is no rental agreement, you must be guided by the requirements of the law. Otherwise, the owner’s behavior will be regarded as arbitrariness.

How to resolve the issue peacefully?

In fact, the presence of citizens in someone else’s apartment without a lease agreement is regarded as unauthorized entry without the right to reside.

To vacate the premises, the owner needs to arrange a meeting with the residents and organize negotiations. You should bring your passport and home ownership certificate with you. Tenants are required to leave the apartment upon request.

It is not advisable to enter the premises if the tenants are not present. They may take advantage of the situation and accuse the landlord of stealing things. It is necessary to meet with the residents in person and invite them to move out voluntarily. If they object, you can voice your intention to contact the district police officer.

You cannot use force yourself. Tenants will contact law enforcement agencies.

We must remember! Tenants can complain to the tax office that the owner is illegally renting out housing and receiving income for it. If money was transferred to the owner using receipts, they will serve as evidence of tax evasion.

How to ask for help from the police?

If the issue cannot be resolved peacefully, it is necessary to involve the police.

The owner's action algorithm is as follows:

• the owner dials the number of the district police officer and declares that there are unauthorized persons in the apartment;
• after arrival, the police officer, in the presence of the tenants, will record in the protocol the fact of the illegal presence of strangers in the residential premises;
• if the residents object, they may find themselves subject to criminal liability under Article 139 of the Criminal Code of the Russian Federation.

The district police officer is not authorized to forcibly expel tenants from the apartment. He will be present at the negotiations of the parties and monitor the legality of their actions.

Calling a local police officer (step 1)

It is advisable to prepare a written appeal to law enforcement agencies in advance.

The application must provide the following information:

• name of the law enforcement agency;
• Full name of the owner;
• the essence of the conflict with the tenant;
• demand to understand the current situation;
• date and signature.

The document is submitted to the office of the law enforcement agency. You can dial the police officer’s phone number and invite him to your place. In this case, the application is served on the spot when the protocol is drawn up.

Download the application to the district police officer for the eviction of tenants

Recording the fact of illegal residence (step 2)

After the police officer arrives, you must present a passport and a certificate of ownership of the property. You can play it safe and invite your neighbors.

If the tenant has changed the locks, the owner has the right to invite employees of the Ministry of Emergency Situations. They will open the apartment and provide access to the premises. A report is drawn up at the scene of the incident.

Initiating a criminal case (step 3)

If there is a crime under Article 139 of the Criminal Code of the Russian Federation, a criminal case is initiated. Criminal prosecution can only be initiated upon the application of the property owner.

Violators face penalties of:

• a fine in the amount of up to 40,000 rubles;
• compulsory work up to 360 hours;
• correctional labor for up to 1 year;
• arrest for a period of up to 3 months.

If the tenants decide to avoid punishment and move out of the apartment, the owner has the right to file an application to terminate the criminal case. In this case, the case will be closed.

Is it possible to evict tenants with children?

If the tenant lives in an apartment with children, this complicates the resolution of the issue. It is advisable to give them time to find a new home. It is recommended to refrain from expelling tenants in winter.

At the same time, the law does not contain a ban on evictions of tenants during the cold season. However, the procedure itself may take several months.

The tenant's presence of young children is not a mitigating factor. If they do not have temporary registration, they must leave someone else's property upon request.

How to evict tenants with temporary registration?

It happens that the owner agrees to temporary registration of residents in his apartment. In such a situation, you can evict the tenants after it ends.

There are two options for ending temporary registration:

• completion of the registration period;
• court decision on early termination.

After completion of the registration period, the tenant loses the right to use the communal apartment. At the request of the owner, he must change his place of residence. Otherwise, the issue will be resolved in court.

If a tenant does not pay utility bills on time, has conflicts with neighbors, or leads an immoral lifestyle, the owner has the right to apply for early termination of registration. This issue is also resolved through the court.

You should know! If children are registered with the employer, they can be discharged only after the parents receive a new registration. Otherwise, it will not be possible to evict the tenants.

Disadvantages of eviction from an apartment without an agreement

If the parties have not entered into a rental agreement for housing, the conflict can bring negative consequences to both participants.

What does the owner risk?

The most adverse consequences occur for the lessor. Let's look at them in more detail.

Complaint to the tax authority

Most owners do not pay taxes on renting out an apartment. If the money is transferred by receipt, the tenant can complain to the tax office. The actions of the owner of the premises will be regarded as illegal business.

The landlord violates two articles of the Tax Code of the Russian Federation - 75 and 119. He must pay tax on the funds received and file a tax return. The tax inspectorate will make demands to transfer obligatory payments to the budget, pay penalties and fines.

Administrative penalty

As a rule, residents stay in rented premises without temporary registration. If the owner allows such residence for a period of more than 90 days, he faces administrative liability under Article 19.15.

1 Code of Administrative Offenses of the Russian Federation. You will have to pay a fine of 2,000 to 5,000 rubles . If the property is located in Moscow or St. Petersburg, the fine will increase to 5,000-7,000 rubles .

Criminal liability

For non-payment of taxes, the owner may be prosecuted under Article 198 of the Criminal Code of the Russian Federation. If he rents out housing for a long time without drawing up an agreement, the tax debt can be large. In this case, the punishment becomes more severe.

The owner will have to:

• pay a fine of 100,000 to 300,000 rubles. or in the amount of earnings for 12-24 months;
• stay under arrest for six months;
• serve your sentence in prison for a year;
• perform forced labor for 12 months.

Tax audit materials serve as evidence of a crime.

Inability to claim payment for rent

In case of illegal rental, the owner is deprived of the right to claim arrears of rent payments. In court, the owner will not be able to prove the basis for the tenant’s obligation to transfer money for the use of the apartment if he does not pay. Moreover, the judge may become interested in this case and inform the tax office about the fact of illegal business.

Damage to property

As a rule, the lease agreement stipulates the tenant’s obligation to maintain the premises in proper condition and to treat other people’s property with care. Penalties for property damage are also specified. If the agreement is not signed, it will be difficult to prove property damage. The costs of restoring the property will be borne by the lessor.

What is the tenant's risk?

The tenant is also not protected by the state. He must always be ready for eviction. Consider the adverse consequences for the employer.

Administrative responsibility

Most often, an illegal tenant lives in the premises without temporary registration. For this he may be brought to administrative responsibility. It occurs 90 days after check-in.

In accordance with Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation, you must pay a fine in the amount of 2,000 to 3,000 rubles .

If you do not have registration in Moscow or St. Petersburg, the fine will increase to 3,000-5,000 rubles.

Unauthorized change by the owner of the terms of an oral agreement

If there is no written agreement, the owner of the property can change the term of the tenancy agreement. The tenant will have to leave the premises earlier than planned. However, the prepayment may not be returned to him if the parties have agreed that rental payments must be made in advance for a month or a longer period.

Let's rent

If the premises are rented out illegally, the owner may move other tenants in with the tenant. Since there is no contract, he will not be able to force the landlord to evict third parties. As a rule, the prohibition of subletting is enshrined in a written agreement.

Thus, the owner has the right to demand that the tenant vacate the premises if he lives in it without a contract . It is advisable to resolve this issue peacefully. If a conflict arises, you will have to contact law enforcement agencies. In this case, both parties bear the risk of liability to the state.

Free consultation. If you have any questions, please do not hesitate to ask them to a lawyer in the online chat on the right, in the form below, or by calling the hotline: 8-800-350-84-21

Evict tenants from an apartment in 2023 - a communal one, your own without a contract, if the lease has ended

It’s easy to get tenants based on a lease or out of the kindness of your heart. But when evicting temporary residents, difficulties may arise due to the reluctance to vacate the living space. How to evict tenants in 2023?

In addition to the owner, the apartment can be occupied by citizens who are given the opportunity to live under a lease agreement or based on the owner’s wishes.

Theoretically, the owner has the right to demand the release of living space. But in practice, temporary residents may not be in a particular hurry to leave. How to evict tenants who do not want to leave their apartment in 2023?

Basic moments

In most cases, the cause of disputes during the eviction of tenants is their reluctance to leave the apartment after the expiration of the apartment's lease.

Conflict situations arise especially often when the owner demands to vacate the apartment before the agreed date.

• When renting an apartment, the best way to avoid conflicts is to carefully develop the terms of the contract.
• It must contain a detailed procedure for eviction at the end of the lease, grounds for early eviction and liability for non-compliance with the terms of the agreement.
• It is important to understand that the owner can only act within the framework of the contract or legal norms.
• Measures usually taken by apartment owners, such as moving in other tenants or changing locks in the absence of current tenants, cannot be considered legal.

The prescribed penalty becomes a certain guarantee of compliance with the contract. If tenants violate the terms of the contract, they will be required to pay a fine.

The penalty can be recovered through the court. If you draw up a lease/rental agreement correctly, problems with eviction can be avoided in most cases.

At the same time, you need to know that forced eviction is allowed solely on the basis of a court decision, even if authorized bodies are involved.

For example, an apartment owner temporarily provided his housing to people in need. How to evict tenants from an apartment in 2023 correctly, based on the circumstances of a particular situation?

What it is

Eviction from a residential premises is a compulsory measure aimed at freeing housing from the presence of unauthorized persons or unwanted tenants.

The procedure is intended to protect the legal rights of owners and is provided for by housing legislation.

Eviction can be voluntary when the parties independently managed to agree on the procedure for vacating the living space.

In case of forced eviction, the conflict is resolved through judicial proceedings. In this case, the court considers the evidence and arguments of both sides.

If tenants use housing on the basis of an oral agreement, then a court decision is usually made quickly. The initial lack of right of residence is a sufficiently compelling reason for eviction.

When legal tenants are expected to be evicted, and especially before the end of the lease term, more serious arguments will be required.

Reasons for the need

Article 293 of the Civil Code of the Russian Federation specifies the reasons why eviction from an apartment may be carried out:

• use of residential premises for other purposes;
• systematic disturbance of the peace of neighbors;
• permission and demolition of load-bearing walls;
• carrying out major repairs with unregistered redevelopment;
• divorce from the owner of the apartment;
• illegal entry;
• recognition of the premises as unfit for habitation;
• actual residence at a different address;
• presence of mortgage debt;
• non-payment of utilities (for municipal housing tenants);
• expiration of the lease/tenancy agreement;
• change of owner of the property.

There are other reasons for forced eviction, prescribed in various regulations. The grounds for eviction are determined by the court on an individual basis.

Non-payment of rent may be grounds for eviction of tenants. Tenants who don't pay can be evicted after a certain period of time.

When the contract term is more than one year, for forced eviction there must be a lack of payment for more than six months.

Regulatory regulation

The law of the Russian Federation protects the rights of owners. But at the same time, the rights of citizens entering into civil legal relations with the owners of residential premises must also be respected.

Civil legislation clearly regulates the procedure for concluding and terminating contracts, as well as the consequences of these actions.

The grounds for termination and termination of a lease agreement are specified in Article 687 of the Civil Code of the Russian Federation. You can terminate the agreement:

• at the request of the tenants;
• at the will of the property owner;
• on the basis of a court decision if irresolvable disputes have arisen between the parties.

1. The peculiarity of civil law contracts, which include a lease agreement, is that the parties, by mutual agreement, have the right to establish conditions, including those providing grounds for early eviction.
2. But at the same time, conditions that clearly infringe on the interests of one of the parties are invalidated by the courts.
3. Although the law states that the owner has the right to dispose of housing at his own discretion, forced eviction without going to court can result in extremely negative consequences.
4. Namely:

Independent eviction	May qualify as arbitrariness. According to Article 19.1 of the Code of Administrative Offenses of the Russian Federation, a fine of 100 to 300 rubles is provided for this
In case of causing significant damage to the property of tenants	In case of independent eviction, arbitrariness is punishable under the Criminal Code of the Russian Federation. The fine in this case varies up to 80,000 rubles or arrest for up to 6 months is applied.

Contacting the police with a request to evict tenants is inappropriate. The police can only record the fact of a violation and nothing more.

It is not the responsibility of the police to vacate living space. How to evict tenants from your apartment with an agreement? The only legal solution to forced eviction is to go to court.

How to evict tenants from your apartment

In most cases, an apartment rental agreement is considered a formality. The owners believe that they can evict the tenants at any time.

Therefore, the agreement, as a rule, is concluded according to a standard template downloaded from the Internet.

The main goal is to register a lease so as not to be held accountable for illegally renting out housing.

However, a standard contract is a significant risk for the owner. The owner of the apartment is initially in very unfavorable conditions in relation to the tenant.

According to Article 687 of the Civil Code of the Russian Federation, before the end of the term, the contract can be terminated unilaterally only by the tenant.

To do this, the owner is notified of the upcoming eviction three months before termination of the contract. In reality, termination of the contract is most often initiated by the owner.

The reason may lie in delays in payment, improper handling of property, etc. But if the exact lease term is not specified in the agreement, then it is considered to be concluded for 5 years (maximum term).

During this time, the owner has no right to change the terms of the agreement. It is also necessary to take into account Article 684 of the Civil Code of the Russian Federation, which gives the employer a preemptive right to extend the contract.

How to evict tenants from your apartment if the lease agreement has expired?

Otherwise, the contract is automatically extended for the same period. If the owner wants to evict the tenants early, he needs to go to court.

Moreover, you will need to provide compelling reasons for eviction. But even in this case, the fact of eviction is not guaranteed.

The violator may ask for time to eliminate the violations or declare the absence of other housing. In such a situation, the decision to evict may be delayed for a year.

Laws protecting homeowners

The laws of the Russian Federation provide for a whole range of measures that protect the rights of owners in general and residents of apartment buildings in particular.

According to Article 288 of the Civil Code of the Russian Federation and Article 17 of the Housing Code of the Russian Federation, the only purpose of residential premises is residence.

If the tenant uses the apartment for industrial or business activities, this becomes a significant reason for eviction.

Article 98 of the Housing Code and clause 4 of Article 687 of the Civil Code speak about the possibility of eviction of tenants due to systematic violation of the rights and interests of neighbors. Moreover, a violation refers to actions related directly to housing.

• For example, illegal re-equipment, redevelopment or reconstruction, repair work without complying with established standards, creating obstacles for neighbors in the process of using public services.
• But these reasons and some others are sufficient grounds for eviction when there are no other arguments.
• If the homeowner wants to avoid lengthy legal proceedings, he needs to take care of the correct drafting of the contract.
• The presence of an official agreement allows you to regulate in as much detail as possible all the nuances of the legal relationship between tenants and the owner of the apartment.

Procedure

The procedure for eviction of tenants voluntarily is very simple:

1. The tenant is sent a written notice that grounds for eviction have arisen.
2. The notice sets out a request for voluntary eviction.
3. The parties discuss the current situation and find an acceptable solution.
4. Within the agreed period, the tenant corrects the violations or is evicted.

If there was a concluded lease agreement, it is terminated voluntarily by decision of the parties.

This option is the most appropriate because it allows you to solve the problem quickly and without the involvement of third-party authorities.

But as practice shows, tenants do not always agree to early termination of the contract. The situation is being resolved through the courts.

If you need to go to court

An application to the court for forced eviction is considered in the process of litigation.

In the content of the claim, the plaintiff has the right to demand:

• eviction of a tenant;
• paying off rent arrears;
• payment of penalties;
• compensation for losses incurred.

The following is provided as evidence:

• rental agreement;
• evidence of violation of the terms of the contract;
• confirmation of the notice to the employer.

1. Additional evidence may include witness testimony, acts of law enforcement agencies about recorded violations, audio and video materials, and other documentary evidence of violations.
2. If the court decision satisfies the plaintiff’s request, then the defendant is obliged to leave the apartment within the prescribed period.
3. Failure to comply with the requirement becomes the reason for forced eviction by bailiffs on the basis of a writ of execution.

The defendant is not further notified of the upcoming eviction. The bailiffs simply arrive at the apartment and begin forced eviction.

The process involves clearing the living space from the tenant himself and his property. Witnesses are brought in to participate in the process.

Police officers may also be present during the eviction if there is a risk that the evicted tenant will use force against the bailiffs.

During the eviction process, the bailiffs draw up an inventory of the property, as well as an eviction act.

Late requisition for property leads to its sale in order to compensate for storage costs. The remaining amount of money is transferred to the owner of the items.

Emerging nuances

Among the peculiarities of eviction of tenants, it is worth noting the fact that the tenants are registered in the apartment. Registration gives the right to use living space.

Of course, the owner has the right to demand forced deregistration through the court. But if there is a minor child among the tenants, then you cannot do without guardianship authorities.

• Video: how to evict illegal tenants

  And a child can be discharged from an apartment only if he is provided with other housing.

• The presence of registration among tenants significantly complicates the eviction process, since registration is a valid reason for using the living space even after the expiration of the tenancy agreement.
• Therefore, when moving strangers into your apartment, it is highly not recommended to obtain permanent registration.
• Temporary registration can always be extended, and if it is necessary to evict tenants, you can wait until the registration is completed and evict tenants who have lost the right to reside without any problems.

If from the communal

The grounds for eviction from a communal apartment are the following:

• non-payment of utility bills;
• disturbance of silence in the evening;
• unsanitary conditions in the occupied living space;
• use of housing for purposes other than its intended purpose;
• drunkenness, drug use or other psychotropic drugs;
• brawls;
• early termination of the lease agreement by the owner, etc.

Eviction can be carried out voluntarily or by court order. If there is a lease agreement, then the owner does not need to explain the reasons for termination if he notifies the tenant of the termination of the legal relationship at least 2 months before the end of the agreement.

An appropriate court decision will be required for early eviction. Moreover, until a decision is made, tenants have the right to live in the apartment.

When renting without a rental agreement

Renting housing must be in writing. When there is no lease agreement, the law will definitely be on the side of the owner.

To evict tenants, the owner only needs to prove his ownership and the tenants’ lack of right to use the housing or the loss of such a right.

Usually the court makes a decision at the first hearing, since the defendant cannot provide any compelling arguments. Verbal agreements are not taken into account.

But the plaintiff will not be able to demand payment of rental debts or damages. Without a tenancy agreement there are no obligations.

The difficulty of evicting tenants from an apartment is most often due to the legal illiteracy of the parties to the relationship.

It is very important to draw up a rental agreement in a timely manner and correctly formulate all its terms. A detailed definition of the procedure for legal relations will eliminate problems with early or illegal eviction.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

How to evict tenants who do not pay rent, recommendations and step-by-step instructions

Many people use the home they own to rent out. However, sometimes agreements are not fulfilled due to the tenant’s violation of payments for the occupied premises. In this case, there are not only sanctions specified in the contract, but also the opportunity to evict the tenants.

If the tenants don’t want to move out and pay too, it’s time to take action. The first thing you should do is review the lease agreement. It is possible that tenant behavior is facilitated by vague language in the terms of the agreement.

For example, it may not indicate when the payment for accommodation is due, i.e. when signing the lease agreement, they simply forgot to indicate the exact dates.

If a tenant does not pay rent, what to do, how to evict tenants from a rental apartment

We repeat once again - study the rental agreement for residential premises! Particularly noteworthy are those sections that relate to the procedure for paying rent and the conditions for early termination of the agreement.

According to the law, the owner of the apartment receives the right to early termination of the contract if the tenant does not pay rent for 2 months.

When the tenant does not pay the rent, he must first be notified in writing of his desire to terminate the contract early. In this case, this will be considered a unilateral termination of the contractual relationship.

When the tenant, after all the persuasion, refuses to vacate the apartment, he will have to prepare a lawsuit for forced eviction. And after the court decision, bailiffs and law enforcement agencies will come to the aid of the home owner.

How to evict a tenant if there is no agreement

It often happens that people are allowed to live in an apartment without formalizing all relationships in writing. However, eviction of tenants without a contract is also possible.

In this situation, you need to act using traditional legal methods. How to competently evict tenants from an apartment without a contract?

The owner of the apartment has the right to completely calmly change the locks on the doors without warning anyone about it. You can invite representatives of the management company and the district police officer for this procedure, providing documents confirming ownership of the apartment.

In the event that arrogant tenants take a defensive stand, it is also necessary to go to court with a claim for eviction. Unfortunately, the procedure is long, but there are no other options.

It is, of course, possible to kick out insolent tenants using radical measures, throwing all their property onto the landing or into the yard, but this is already a scandal with all the ensuing consequences.

Some desperate homeowners write a statement to the police that unauthorized persons have entered the apartment. This method of getting rid of unscrupulous tenants also takes place.

Is it possible to evict unscrupulous tenants in winter?

The question of whether it is possible to evict tenants in winter is often asked by landlords - owners of residential premises. Meanwhile, the time of year does not matter. Therefore, it is possible to kick out an indebted tenant in the winter on a general basis.

Another thing is that special clauses may be specified in the lease agreement. Then the eviction process becomes more complicated.

Can an apartment owner kick out tenants in winter if there is no contract? In this situation, the entire procedure is described above, and there are no amendments to calendar dates. It is only important to adhere to all legal norms in the event of a conflict with an unscrupulous tenant.  

Is it allowed to evict a tenant with children?

There is also a standard procedure here, except in cases where the tenant and the child have registered for registration in a rented apartment (which is not prohibited by law).

In this case, it is advisable to consult a lawyer in St. Petersburg in order to avoid further complications. Legal advice can be provided in the office by appointment by calling the phone number listed on the website.

What to do if tenants don't want to move out

• Naturally, it is first of all desirable to resolve the issue amicably, to come to an agreement with unscrupulous tenants, in order to convince the tenants to vacate their living space voluntarily.
• Otherwise, written warnings will first follow with a requirement to vacate the living space.
• In this case, it is worth having for yourself an act of delivery or non-delivery, notice of termination of the lease agreement, or a postal receipt with an inventory of the contents, confirming that it was sent to unscrupulous tenants.

It would also be useful to communicate with the local local police inspector.

He has the right to conduct a preventive conversation with tenants.

If there is a written lease agreement, a lawsuit is filed in court for eviction. He is addressed to the court at the location of the apartment that they do not want to vacate.

In the documents submitted to the district court, you should write about the lease agreement, indicate evidence of the debt, and also mention pre-trial ways to resolve the conflict.

When the court decision comes into force, the next step will be to obtain a writ of execution. Even when the case is heard on appeal, it is issued by the trial court.

There can be two writs of execution: for the eviction itself and for collection of debts for all payments. In any case, you should contact the bailiffs for help in evicting impudent tenants from the apartment.  

Instructions for the owner when evicting tenants

So that the owner of a residential property, who is not experienced in legal subtleties, has an idea of ​​​​how to evict tenants from a rental apartment, we will present a simple algorithm of actions.

Step 1. Notifying the tenant about the upcoming termination of the relationship

It is advisable to present it in person. In addition, you should also duplicate the appeal by registered mail. A list of the contents and a shipping receipt will be evidence of the fact of notification in court.

Step 2. Filing a claim in court

If the tenant of the apartment refuses to voluntarily vacate the premises, then a statement of claim for forced eviction is filed. It should indicate the details of the agreement, the period of existence of the debt, the results of pre-trial settlement of the dispute and other facts confirming your position.

If the case concerns St. Petersburg, then lawyers will take upon themselves the preparation of the claim and representation in court hearings.

Step 3. Contacting bailiffs

It is possible to expel tenants from a rented apartment after a court decision only with the help of bailiffs. In addition, in a number of cases, the bailiff will need the assistance of the local police inspector, representatives of the guardianship authorities, and the housing department.

To do this, an application to initiate enforcement proceedings is submitted to the OSP (bailiff service department). The bailiff issues a ruling and gives the tenant a period of time to voluntarily carry out the inspection of the premises.

If the instructions are not met, then a forced eviction procedure takes place with two witnesses. At the same time, an eviction act and an inventory of the property are drawn up.

Be sure to share with your friends!