Renting out an apartment is a popular and demanded service, but often a conflict arises between the landlord and the tenant over the forced release of the living space. It can be resolved both peacefully and in the course of court proceedings.
Pre-trial eviction of the tenant
Considering that the lease provides for the temporary transfer of private property into the wrong hands, it is necessary to conclude an agreement with the tenant in advance. The document must indicate the terms for the provision of the service, its cost, the rules for using the provided premises, as well as the conditions for terminating this agreement.
The main reason for the termination of mutual lease obligations is the violation of the terms of the agreement by one of the parties, in this case the tenant. It is worth noting that if a mutual agreement has not been concluded, the owner of the apartment has every right to evict a person who is not the owner from it at any time. A tenant renting a living space on a verbal agreement must be aware that he is living in it illegally and not interfere with the owner acting in his own interests.
If the contract was nevertheless concluded, regardless of whether it specified requirements for the use of the premises, it can also be terminated at any time. According to article 619 of the Civil Code of the Russian Federation, the lessee is not entitled to:
- use the property in violation of certain conditions of the contract;
- significantly worsen the property transferred for use;
- not to pay rent within the period established by the contract more than two times in a row;
- not to make major repairs to property in the event of damage and in the cases specified in the contract.
Thus, if the tenant, for example, stopped paying money for rent or a communal apartment on time, or violated the conditions of stay in residential premises (flooded neighbors, damaged furniture or appliances, etc.), without compensating for the damage caused, the landlord has the right to initiate the eviction procedure unilaterally. To do this, you can personally or in the form of a written application inform the tenant about the requirement to vacate the living space within a certain period (at the discretion of the landlord, but no more than two months from the date of transfer of the corresponding request).
It is important to remember that peace negotiations are the primary means of resolving conflicts out of court. It is worth trying to convince a person to voluntarily agree to the conditions set forth by the owner, explaining the reasons for the decision in a polite manner. If you wish, you can even help the tenant in search of new housing for rent.
Eviction of the tenant in court
If the tenant refuses to move out at the request of the landlord, or even stops opening the door for negotiations, the latter has the right to apply to the magistrate's court by filing a statement of claim. In order for the claim to be considered by the court, it is necessary to state in it the reasons why the landlord wants to evict the tenants, as well as the actions taken to resolve the conflict.
It is better to attach to the application as much as possible confirming the facts of violations of documents, including copies of the certificate of ownership and lease agreement, written complaints from neighbors, acts of damage to property, receipts for forced repairs, etc. Also, the claim can be supplemented with the amount of moral damage that was inflicted on the owner in his personal opinion.
After consideration of the claim (within two working weeks), a court hearing date will be set for a detailed examination of the case. It should be noted that if there are sufficient grounds or if the lessee refuses to attend the meeting, the issue can be immediately resolved in favor of the lessor.
If the court has any comments, the proceedings will begin, in which the plaintiff (landlord) will have to reiterate his position and, if possible, support it with testimony by inviting other apartment owners (if any), neighbors, the district police officer and other persons related to the case … Almost always, such cases are closed in favor of the plaintiff, and the court makes the defendant (tenant) a demand to leave the house within the prescribed period.
