Today, many people earn on the sale of property. For example, on his lease. This is a fairly common source of profit, good passive income. After the conclusion of the lease, the parties have obligations, rights and responsibilities. Sometimes you have to think about how to evict tenants. And can this be done at all? We will have to understand this topic further. As practice shows, everything is not as simple as it seems.
Housing Options
The answer depends on many circumstances. For example, from how they sell property. Can tenants be evicted?
Theoretically, yes. The rental of housing is not a reason for a life stay of citizens in the rented territory. Under certain conditions, the termination of the contract of employment is allowed before the deadline. But more on that later.
If people did not conclude an agreement, the eviction will occur without any problems. This, as practice shows, is the simplest scenario.
Right to evict
How to evict tenants? After concluding a lease, citizens who move into housing have certain rights. Mandatory tenants must comply with the terms of the signed agreement. Otherwise, they may be asked to leave the apartment.
This is possible if:
- the term specified in the lease has expired;
- tenants spoil the property or property of the owner of the apartment;
- neighbors complain about systematic irregularities;
- There is a violation of the terms for transferring money for an apartment by agreement.
That is, the lack of timely payment for an apartment is a reason for termination of the contract. This is a completely legal act. But is it possible to evict tenants in the winter? Yes. Season in this case does not play any role. The main thing is that citizens have a debt for rent. This basis is fundamental for the implementation of the task.
Children and rent
How to evict tenants with children? This is a more complex scenario. It is connected with the fact that all actions will take place with the participation of guardianship and trusteeship bodies.
In 100% of cases, OOP stand up for children. Therefore, evicting a family with minors is problematic. Even if the reason is late payments.
In order not to have to wonder whether it is possible to evict tenants with children in winter, lessors will need:
- inform in advance about the action in writing (preferably 2-3 months);
- carry out all actions in the presence of several witnesses who can confirm the fact of notification;
- ask the family to personally sign the request.
These factors will help to evict the cell of society with minors. Especially if the reason is a violation of the current lease.
Without contracts
How to evict a tenant if there is no contract? This is the simplest layout of all encountered in practice.
The thing is that in the absence of a rental agreement, tenants do not have legal grounds for being in the apartment. Responsibility for the property lies with the landlord, and for the property of the illegal tenant the responsibility lies only with the tenant. The landlord can dispose of things as he wants.
Is it possible to evict tenants who have not entered into an appropriate agreement with the landlord? Yes. And here it is proposed to act in different ways.
The easiest option is to ask to move out on time. If a citizen refuses to do this, he will have to face a change of locks on the doors. The main thing is to notify the tenant in advance. Preferably in writing.
There are cases in which residents still refuse to leave the premises. Then it is proposed to call for help law enforcement and act decisively. The police will not forcibly evict tenants if there is no lease. But the relevant authority is an excellent witness to the alert. In addition, police officers will be able to monitor order during a conversation.
A visit to the court is the only right decision
How to evict tenants from your apartment? Consider the case when a lease is concluded between the parties.
This condition allows the homeowner to file a petition with the court. It is proposed to act as follows:
- Try to resolve the eviction issue peacefully.
- Enlist the support of witnesses. They must confirm that the landlord tried to solve the problem peacefully.
- Collect a package of documents. We will familiarize ourselves with its components later.
- File an eviction lawsuit.
- Participate in litigation.
- Get a court order in your hands.
It would seem that there is nothing difficult or incomprehensible in this. But in practice, the question of how to evict tenants is a lot of trouble.
Disadvantages of the judgment
The thing is that the studied algorithm of actions is not perfect. It has a number of disadvantages. And every landlord should know about them.
How to evict tenants? If there is a lease, you have to act through the court. Especially if citizens have children and do not want to leave their homes peacefully.
In addition, the disadvantages of the proposed method are the following nuances:
- tenants may reside in the territory until the end of litigation;
- going to court is time consuming;
- before the start of disputes in court, it is necessary to peacefully solve the problem under study;
- sometimes proving the grounds for eviction is problematic.
As practice shows, it is the first point that is the main minus of the reception. But in the end, as soon as the court decision is in hand, the owner will be able to quickly get the apartment back.
What will be required for the court
Is it possible to evict tenants in the winter? Yes, this is not such a problem. Especially if the basis is the presence of debts to the lessor. This is a good reason for eviction.
As we have said, it is best to act in court. The owner of the apartment will have to have the following papers:
- passport;
- lease contract;
- certificates of arrears;
- witnesses who can confirm these or other events;
- bank statements, indicating debt to the owner of the apartment;
- certificate of family composition (for demonstration of those registered in housing).
Additionally, any materials and evidence that could indicate attempts to peacefully resolve disputes related to eviction will be required. All this is filed with the court along with the lawsuit. The petition will have to describe the situation in detail and ask the judicial authority to force the tenants to evict.
After the trial
Can tenants be evicted? Yes, every landlord has this right. In particular, if it is a violation of the current agreement. This is a fairly common occurrence.
Suppose the court forced the eviction. Judgment on hand - what's next?
Now the owner of the apartment can:
- apply to the FMS for the discharge of residents;
- go to the bailiffs so that they help direct eviction from housing.
The presence of a court order on eviction is the main paper, allowing at any time of the year to get rid of unscrupulous tenants. Problems can only arise when it comes to a family with children. Guardianship authorities may not allow eviction or be asked to give a few months to a cell in the community to search for new housing.
Non-payment and eviction
We found out how to evict tenants in children. This is a rather difficult operation. It is mainly related to the protection of the interests of minors by guardianship authorities. This service will do everything to not leave children homeless. This is a completely legal phenomenon.
How to evict tenants who do not pay? Without a court, it is proposed to cope with this task only in one case - when the term of the current lease agreement expires. If you need to get rid of the residents before this time, you will have to go to court. There are no other options.
In any case, the official ones. The owner of the apartment may try to negotiate with unscrupulous tenants about their eviction. But, as practice shows, consensus is extremely rare.
On evidence before court
A huge role in the judicial debate is played by the proof of one's point of view. How to evict tenants for non-payment? Through the court. In the same way as in all other cases, if the action is carried out before the expiration of the lease.
What papers can be useful in the process of substantiating your position? Ideally, the owner of the apartment should have the following documents:
- title deed for housing;
- lease contract;
- acts on the introduction of residents;
- receipts for collateral and receipt of money;
- extracts from personal accounts of "public utilities".
In addition, the landlord must present a notice to the tenants about the need for eviction. As it was emphasized earlier, the owner must without fail try to resolve the controversial issue independently, peacefully, without legal proceedings. It is possible that the tenants themselves will vacate the apartment after the first request of the landlord.
Refusals to accept notifications
Is it possible to evict tenants with children in the winter? Quite. The main thing is to act through the courts. The exception is situations in which tenants lived in an apartment without agreement. Then it is allowed to simply ask the family to leave the property.
What if the tenants were notified of the need for eviction, and they refuse to sign the corresponding paper? In this case, you will have to act through postal services. The owner of the apartment must send a notice of eviction by registered mail with a notification of receipt. Only this scenario will save you from problems during litigation.
How much can you not pay
People renting housing are very often interested in how much you can not pay for the apartment. Indeed, sometimes citizens simply do not have the opportunity to transfer funds to the lessor on time.
Ideally, there should be no delays. But if they do, you have to pay attention to the duration of the lease.
In the case of a short-term agreement, the maximum period of delay "per apartment" is 2 months. Long-term contracts allow you to "delay" payments for six months maximum.
What happens after the tenants have crossed the specified time frame? The landlord can go to court and legally evict ahead of schedule.
Attention contract
We found out how to evict tenants in a particular case. As practice shows, when it comes to families with children, you do not need to count on a quick solution to the problem. The conflict will begin to be abolished so that the interests of young children are not harmed.
It is worth paying attention to the peculiarities of concluding a lease. It is necessary to spell out the key points of the agreement. For example, the period for which you can delay the payment. Or the amount after which the landlord goes to court for forced eviction.
Mandatory in the lease are prescribed:
- owner data;
- information about the apartment;
- information about the tenants;
- order and terms of payment for housing.
All this must be remembered by every modern landlord. With the right approach to solving the problem, it will be possible in just a few months to get rid of negligent residents.
Disadvantages and advantages of the oral contract
Quite often, people rent housing without any documentary evidence of an act. All the features of the relationship between tenants and apartment owners are conditional, they are orally regulated.
As we have already said, such an option in terms of eviction is the simplest. For example, you can give time for a voluntary move. If the tenant ignores the request - change the locks, and put the things of the unwanted tenant on the stairwell. The landlord does not bear any responsibility for them.
The advantages of verbal agreement include the ease of eviction of tenants. And what shortcomings can be encountered?
These include:
- accumulation of debt that will fall on the shoulders of the owner of the apartment;
- to recover debt for the lease will not work;
- fines for illegal residence of citizens in the territory of a particular residential area.
Verbal agreements do not give any guarantees for receiving payments. As well as the fact that one day the owner of the property will not come to the apartment and will not ask you to quickly leave the premises.
Summary and Conclusions
We figured out how to evict tenants in a particular case. Possible action algorithms were fully presented to our attention.
From all that has been said, it follows that the absence of a lease agreement allows you to quickly and easily get rid of tenants. But this scenario does not give any guarantees as a whole - neither to the lessor, nor to the tenants. Therefore, they rarely agree to it.
If there is a lease, eviction is carried out either peacefully, or after the expiration of the agreement, or in a judicial proceeding. In practice, the last situation is encountered. But you have to prepare for it in advance.
It follows that only competent actions on the part of the landlord will help to quickly cope with the eviction. Ultimately, it will happen anyway. But if there are small children in the family of tenants, then the eviction process can take up to six months, or even more. This is due to the fact that tenants will have to find a new place of residence. With children, this is not always easy to do.
As soon as the eviction occurs, you can contact the FMS with a request for discharge of tenants. It is allowed to do this after the court decision is in hand. Now it’s clear how to evict tenants who don’t pay.