How to evict a tenant from a rented apartment for non-payment?
The owners who rent out their apartments not only earn money, but also sometimes get a lot of trouble associated with unscrupulous tenants. Most often, problems are associated with failure to pay rent housing and utility payments. Contrary to popular belief, because tenants don't pay, you can't just kick them out. lawyer Angelina Malysheva told aif.ru about how to vacate an apartment if the tenants do not pay.
Should call the police?
According to Angelina Malysheva, law enforcement agencies will not be able to exert any influence on the residents, since there are no legal grounds for this. “If a rent agreement is concluded between the landlord and the tenant, then the police will, of course, come, but they won’t be able to do anything. If there is no agreement between citizens, then the only reason by which law enforcement officers — illegal and unwanted presence of unauthorized persons in the apartment. However, if the tenants can explain that the owner himself let them into the apartment and there are contractual relations between them, albeit without a document, the police, as in the previous case, will turn around and leave, since the solution of such issues is not within their competence — the lawyer explained to aif.ru.
Is it possible to resolve the issue of eviction through the court?
Yes. Filing a statement of claim in court — the only legal option to evict strangers from rented housing. “In the s you can simultaneously state the requirements and for collection of debts under the contract of employment, and for eviction from the dwelling. However, you need to understand that these measures can be resorted to only if there is a written agreement — it is very difficult, almost impossible, to prove to the court that there was an employment relationship between the owner and the persons living in the apartment. In addition, the consideration of the case in the court may take more than one month, during which the tenants will still live in the apartment for free. But there is one undoubted plus: when making a positive decision with it will be possible to turn to bailiffs — they will help free the apartment from unscrupulous tenants and increase the owner repayment chances», — said Malysheva.
Why write a claim against the name of the tenants?
An attempt to resolve the issue voluntarily may precede filing a claim with the court. Lawyer Angelina Malysheva advises to send a claim to the tenants in writing and be sure to record its receipt, for example, by sending a registered mail with receipt of receipt or handing it in person against signature. "Such actions, firstly, can help to influence tenants, and secondly, the documents will become evidence of rental relations, the presence of debt and other important circumstances in court», — explained the expert. Malysheva recalled that the Supreme Court allowed claims to be sent via instant messengers or social networks, if the parties had previously actively used such methods of communication. However, in order to use such evidence in court, it is necessary to properly do it with a notary.
What is better not to do to the landlord if the tenants do not pay?
As the lawyer said, in the relations on rental housing are in the most unsettled position in as many people want to make a profit, but don don want to pay taxes — this leads to shadow relationships, the parties of which are in a mutually insecure state. “The owners who formalize the relationship by concluding contracts and don’t neglect their state registration, practically don’t get into situations with non-payment and eviction. And & nbsp; those who agree “in words”, realizing the insecurity of their position, often use unacceptable methods — use physical force or wait until the tenant leaves the apartment, put things out and change the locks», — shares Malysheva's experience.
The expert emphasized that landlords should not apply such measures of influence, since if there is a rental agreement, tenants can live in an apartment without payment until the entry of a court decision on eviction into legal force, and & nbsp; even in the absence of a contract, the tenant has the right to contact the police on & nbsp; the fact of beatings, damage to property, etc. e.
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