Many people have recently been thinking about how to evict a tenant from an apartment. To be honest, the situation here is very mixed. Of course, eviction itself is possible. But it’s not always enough to come and point to the door. It is not right. Is it possible to evict tenants in the winter? How to organize this process in different cases, according to the law? How to protect yourself from possible troubles? The best advices and recommendations of experienced people are presented to our attention. Maybe it’s enough for you to settle some negative aspects in order not to evict people.
When there is a right
Remember, the law is always on the side of the minority. More precisely, those whose rights are infringed. Before evicting a tenant, the landlord must understand that he just has no right to come and kick someone out. This is a direct violation of the Constitution of the Russian Federation. No one can expel anyone from their own home. This term refers to the place where a person lives, regardless of who owns the apartment. So if you suddenly got it into your head so that a tenant frees up housing space, you can forget about the instant embodiment of ideas in reality.
However, no one has the right to take your home. That is, you can think about how to evict tenants (neighbors living in your apartment). But with some limitations. No one can be kicked out spontaneously, but a few simple tricks can be taken. Please note that most often you have to deal with eviction through the court. And here success depends on your actions. The more correct they are, the more chances you have to win.
Contract all over the head
Let's start with what should excite everyone at the very beginning of cooperation and cohabitation. This is a form of an agreement to provide a roof over your head. Depending on it, both parties receive certain duties and rights, are responsible to the law and to each other. There are two forms of contract. Oral and written. It is often necessary to think about whether it is possible to evict tenants, regardless of the type of agreement chosen. But, as practice shows, the lessor will have less headache when concluding the contract in writing. There, as a rule, all key points are registered. And with the help of this paper in court it will be possible to fairly quickly achieve the eviction of careless tenants. Of course, a written agreement gives them rights too.
But the oral form is not always suitable. How to evict the tenant in this case? Here you have to try pretty hard. Especially if people do not make any special violations, and this is just your personal desire. So avoid this kind of agreement. You won’t have to think about how to evict tenants from your apartment with a written agreement. It is enough to go to court. But not always.
Training
It is not always worth it to so radically solve the problem. Is it possible to evict tenants in the winter? Actually, yes. Just before you sue and swear, try to solve the problem peacefully. Sometimes this technique is quite possible. Especially if people have adequate behavior and you just needed your living space back. How to act?
You cannot come and say “evict!” This is a direct violation of the Constitution. But you can warn about eviction.Especially when you conclude an agreement verbally and confirm it every thirty days. A warning must be made a month before the alleged eviction. During this period, tenants will be able to find a new home. So keep in mind: unauthorized eviction is not possible. If they sue you, they will definitely win it.
Reasons for Judicial Intervention
In principle, before you start to sue and radically resolve the question, you should find out the reasons why you can file the appropriate complaints with the court. At the conclusion of the contract, the court will side with the lessor in some cases. There are a lot of them. How to evict a tenant with judicial intervention? There may be numerous reasons for this. For example, the lack of housing fees for 6 months. The exception is cases when otherwise specified in the contract. In addition, the delay in payments more than two times in a row is also the basis for going to court with subsequent forced eviction. This is the case when the contract is concluded for less than a year, it also indicates the exact terms of payment.
In addition, the unsuitability of housing for living is another reason for judicial debate. How to evict tenants who do not pay, we already understood. And then what? Is there really no more legitimate reason for implementing an idea? There are, but not many. Damage to property, deviant behavior - all this gives you the opportunity to terminate the written contract. And, of course, violation of the rights and interests of neighbors can also be attributed here. If your tenants are too noisy and overly companionable, contact the court for eviction, otherwise they will complain about you.
Oral form
How to evict tenants without a contract? It has already been said that this process is more difficult than with its presence. The oral form does not give any guarantees to the tenant, but the landlord can bring a lot of problems. In any case, if you are determined and all the warnings do not give results, you will have to go to extreme measures. Especially if your tenants do not have any ties with you: family or friendly. All this will only complicate the task.
You will need to contact the law enforcement authorities. They will enter the apartment without warning and indicate to the tenants the exit. In this case, of course, you have to pay a fine. For what? For concealment of income and tax evasion. But, as practice shows, if you somewhere indicated in the declarations information about making a profit from the apartment, you do not need to give any money. And of course, the police do not particularly like to interfere in housing issues. Therefore, it rarely turns out that it is so easy and simple to get rid of tenants who do not violate peace and quiet.
When there is a contract
What to do when you have concluded the corresponding contract in writing? As already mentioned, a lot depends on the term and rules prescribed in the text. As soon as the document ceases to be valid, the tenants will have to leave the house. In case of refusal, you can safely call the police and wait until your tenants are helped to vacate the apartment. If for some reason you had to deal with eviction before the termination of the contract, you must send a certain notice. Are you unsubscribed? Then speak with independent witnesses of eviction. Do not forget to give time to search for new housing. And if no one listens to you anyway, you can safely go to court.
The presence of children
It is not so easy to evict tenants with a child. Often, such families resort to renting a house, but they are not able to fully comply with the terms of the contract. You can make concessions, but sooner or later, all patience and mercy will come to an end. And the question of eviction will still someday arise.
What is the best way to act? Firstly, families with children should be given time to look for new housing.From 2 to 6 weeks is an average. Secondly, if people have temporary registration in your apartment, their eviction is possible only after registration in another place. So this process is not so simple. It doesn’t matter what time of year you plan to vacate your home - temporary registration gives tenants certain rights. They will have to be respected. In any case, all proceedings will have to be held in court. Without it, you may have trouble. Also, the court should be contacted in case of violation of the terms of the contract by the family with children, because there is a limit to everything. None of the neighbors will tolerate constantly screaming children and noisy parents. If you yourself do not solve the situation, then complaints will already be written against you, as against a landlord who is unable to resolve problems with tenants. And then it will be necessary to keep the defense and fight at the same time.
Roommates at the neighbors
It often happens that neighbors are not satisfied with people who rent apartments. The reason for this may be different circumstances. But, as practice shows, most often discontent appears in the presence of noise and deviant behavior. Please note that no one can violate your rights. You are capable of legally protecting yourself and evicting the tenants of your neighbors.
To do this, have to try. But it will not work out independently. In any case, you must go to court. And only in court to deal with the eviction of tenants from neighbors. Stock up on evidence of deviant behavior and sabotage, and then head to the judiciary. Please note that most often you will have to look for witnesses who also suffer from the behavior of neighboring tenants or people who have seen your torment. They must be disinterested persons. In any case, only in court can you achieve justice. The lawsuit is filed in the name of the neighbor himself, not the tenant.
Winter
Is it possible to evict tenants in the winter without a contract? Of course. Similarly, as with the contract. It doesn’t matter what time you start organizing this process. The main thing is to approach the solution of the problem correctly. The main method of dealing with tenants is nothing more than going to court. True, in the winter it is unlikely that someone will forcefully drive a person out of the apartment. In this case, a person is given a delay. If the tenant refuses or delays the moment of eviction, then he will be forcibly pointed to the door. But in judicial practice, such incidents occur very rarely.
Submission Rules
Well, if you could not resolve the issue amicably and you need to go to court, you have to prepare well. More precisely, make a list of documents that will be required of you. And, of course, present them to the appropriate authority. What is needed to evict tenants? All this you need to have at hand:
- independent witnesses;
- evidence of violations;
- rental agreement (with copy);
- passport;
- an eviction application with the exact address and landlord information.
In principle, that’s all. Judicial practice shows that nothing more is needed from you. The main problem is the search for the necessary witnesses (they are not always necessary), as well as the collection of evidence of their own righteousness.
Summary
So we found out how to evict a tenant from his apartment. It’s not so difficult if you correctly approach the solution of the task. Try to negotiate everything peacefully. And if it doesn’t work out, then only contact the judicial authorities at the place of your registration. Nobody has the right to arbitrarily deprive someone of a roof over their heads. This is done either by court order, or by amicable agreement. So that there are no problems in the future, try to look only for conscientious tenants and conclude a contract in writing.
