The tenant does not pay rent: what to do? Is it possible to take his property?

Economic instability in the country has led to an increase in conflict situations in the rental sector. For many owners of residential and non-residential premises, square meters are empty, and they are forced to reduce the rate. But even in this case, some tenants do not pay - some because of difficulties with business and a banal lack of money, others because of their dishonesty.

So, the tenant does not pay rent. What to do in such a situation? And how to solve the problem in the simplest way?

Rent of non-residential premises: claim

Often there are situations when the tenant does not pay rent for non-residential premises. What to do in this case? If the owner is tired of promises, and the debtor uses all the resources to avoid a direct conversation, you must hand him a written complaint. This stage is the last action before going to court. Such a document can be written by a lawyer, and then you need to send it by mail - a letter with a notification and description of the investments.

A written complaint is not a lawsuit yet, but the non-payer must understand that the owner of the premises intends to go all the way. In most cases, the debtor seeks finance or offers his own option for debt repayment in writing.

As a rule, the lease contracts specify the procedure for consideration and the deadline for submitting a written claim. Therefore, in the case when the tenant does not pay the rent and does not vacate the premises, it is necessary to hand him a written complaint as soon as possible. Until this is done, the defaulter can still use square meters and also not pay a fee.

Pre-trial negotiations

If the tenant does not pay rent, what to do in this case? There are several options for solving the problem in the pretrial order. The following scenarios are possible:

1. The owner requires full repayment of the debt, as well as payment of the rent in advance - 1-3 months in advance. This is a rather tough position, it can play well in the case when it is necessary to continue partnerships, but to limit the ability of the tenant not to pay further. If the debtor refuses the contract with more unfavorable conditions for him, you can offer to terminate the contract - by agreement or by decision of the court.
2. Compromise option. The parties agree on a more reasonable payment schedule, lower rents, or the ability to pay in installments. This option is beneficial for the lessor if the market is not full of offers, and he fears that the premises will be idle.
3. Surety. If payment delays are troubling, but overall the landlord wants to maintain a good partnership, he may require a guarantee. This document guarantees the payment of debt, and any person who will be responsible to the owner of the premises, including personal property, can act as a surety.
4. Termination of the lease.

Termination of the lease for non-residential premises: by agreement and in court

So, the tenant does not pay rent. What to do in this situation? If the owner of the premises does not want to continue the partnership, he can terminate the contract. This can be done in several ways:

1. Break the agreement unilaterally. This option is possible only if such a development of events is prescribed in the contract.If there is such a clause in the documents, then you can send a letter to the debtor with a notice of the termination of the contract and a demand to release square meters.
2. Conclude an agreement drawn up by a lawyer in which both parties agree to the terms of early termination of the contract. At the stage of writing a written claim, you can consider this option and include this item in the document.
3. Appeal to the court and termination of the contract. This option is extremely disadvantageous for the landlord, because, until the decision comes into force, the debtor can also use the premises.

Property Retention

Lawyers are often asked the question: “The tenant does not pay the rent, is it possible to take his property?” This is a fairly common situation when the debtor vacates the premises - in court or in pre-trial procedure, but does not repay his financial obligations. Money can be recovered from him in court, but it is a very long time, besides it is not a fact that the bailiffs will find at least some property from him at the time the decision is made. What to do in such a situation?

The legality and illegality of the retention of property by the tenant is regulated by article 359 of the Civil Code of the Russian Federation. In particular, it stated that it is possible to retain property under the following conditions: there is a contractual relationship on the subject of deduction, and a deduction act has been drawn up and signed. In order to do everything right, you need to consult a lawyer and use the following recommendations:

1. Restrict debtor access to the premises.
2. Describe all the property. To confirm the inventory, invite the non-payer, and in case of his refusal - notary. Then the document will take legal force.
3. Send the debtor a written notice listing the property held.
4. Take measures to preserve it. This is the direct responsibility of the owner of the premises.
5. You can not hold things whose value is many times greater than the amount of debt. This is illegal, and may lead to a claim for damages (for example, for downtime of expensive equipment).
6. Recovery of deducted items is possible only by court order. You cannot sell property yourself.

No car charge

The tenant does not pay rent for the car. What to do in this case? Such cases are not uncommon in legal practice. Debtors not only refuse to pay, but also do not return valuable property - a car. And car owners often ask if they can pick up the car themselves.

Here you need to proceed from whether a lease was concluded. If there was only a verbal agreement, then you can revoke the power of attorney and even file an application for theft.

If the contract was concluded and the tenant does not pay the rent for the car, what to do in this situation? Here it is possible to refer to Art. 451 of the Civil Code of the Russian Federation and demand termination of the contract and require partial or full compensation for losses associated with early termination. Also, the claim must indicate the requirement to return the vehicle.

Rental housing: to conclude or not to conclude a contract?

And if in this case the tenant does not pay the rent, what should the landlord do? When renting housing, problems cannot be avoided either. And it is not uncommon when a debtor disappears, leaving debts for a communal apartment, damaged equipment and ruined repairs.

Such problems are largely avoided by the lease. It regulates many issues - from who should pay the bills for electricity and water, to the requirements for unilateral termination at the request of one of the parties and the amount of compensation.

In a standard contract prescribe:

• rental terms;
• amount of payment for accommodation;
• duties and rights of both parties;
• grounds for early termination;
• terms of payment of utility bills.

An inventory of valuable property is also attached and certified by both parties.

The tenant does not pay rent for the apartment: what to do?

The first thing that comes to mind is to evict unscrupulous residents.In practice, it turns out that this is not so simple. For example, even in the case of a large debt and a contract with harsh conditions, it is impossible to evict a family with small children in the winter. So what to do in such a situation?

If there is no rental agreement, then you need to call the police due to the fact that there are strangers in your territory. You need to have documents proving ownership. It should be noted that the police will not drag anyone out of the apartment by the hands - people in uniform will serve only as a kind of intimidating factor. In addition, if you expel defaulters on your own, without the presence of the police, you can get a lawsuit in response to damage or theft of valuable property that supposedly existed in the apartment.

If the contract was concluded, but obligations under it are not fulfilled, then you need to contact the district court at the location of the housing with a claim for eviction. The right of ownership is absolute, and the court always takes the side of the owner.

How to collect debts from the defaulter

If the tenant does not pay the rent for the apartment, debts can be recovered in court. Such requirements can be filed with the lawsuit in the eviction, or separately - in the case when the debtors have moved out. The plaintiff will have to give evidence in court how long and since when the tenants lived in the apartment. Such evidence may be a contract, testimony of neighbors, printout of receipts to a bank account, etc.

Is it possible to keep his property in repayment of debt

This is only possible if the relevant clause has been prescribed in the contract - on the retention of property against debts, with a list of all things. In all other cases, the assignment will be illegal. And if debtors file a lawsuit, the owner of the apartment can be held administratively or criminally liable - this will depend on how lawyers interpret the situation and how the court decides.