Is it possible to drive out the tenant from his own apartment
Tenant pre-trial eviction
Given 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 of the service, its cost, the rules for the use of the premises provided, as well as the conditions for termination of this agreement.
The main reason for the termination of the mutual lease obligations becomes a violation of the terms of the contract by one of the parties, in this case the tenant. It should be noted that if a mutual agreement was not concluded, the owner of the apartment has the full right to evict a person who is not the owner from it at any time. A tenant who rents a living space on an oral agreement is obliged to realize that he lives in it illegally and not to interfere with the owner acting in his own interests.
If the contract was nevertheless concluded, regardless of whether the requirements for the use of the premises were indicated in it, it can also be terminated at any time.According to Article 619 of the Civil Code of the Russian Federation, the tenant has no right to:
- use the property in violation of certain conditions of the contract;
- substantially worsen the property transferred for use;
- not to pay rent for the period established by the contract more than two times in a row;
- do not overhaul the property in case of damage and in the cases specified in the contract.
Thus, if a tenant, for example, stopped paying money for a rental or a communal apartment on time or violated the conditions of living in residential premises (flooded neighbors, ruined furniture or appliances, etc.), without repaying the damage, the landlord has the right to initiate an eviction procedure unilaterally. To do this, you can personally or in the form of a written application to inform the tenant about the requirement to release the living space within a certain period (at the discretion of the landlord, but not more than two months from the date of the transfer of the relevant requirement).
It is important to remember that peace negotiations are the primary means of resolving conflicts in the pretrial order. It is worth trying to convince the person to voluntarily go to the conditions put forward by the owner, in a polite manner explaining the reasons for the decision.If you wish, you can even help the tenant in search of new housing for rent.
If the tenant refuses to move out at the request of the landlord, or even stops opening the door to negotiating, the latter has the right to appeal to the Magistrates Court, making a statement of claim. In order for a lawsuit to be considered by a 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 eliminate the conflict.
It is better to attach to the application as much as possible documents confirming the facts of violations, including copies of the certificate of ownership and lease agreement, written complaints from neighbors, acts of damage to property, invoices for involuntary repairs, etc. Also, the lawsuit can be supplemented with the amount of moral damage that was caused to the owner in his personal opinion.
After consideration of the claim (within two working weeks), the date of the court hearing will be set for a detailed examination of the case. It is worth noting that if there are enough grounds or if the tenant 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 claimant (landlord) will have to reiterate his position and, if possible, support it with testimony, inviting other apartment owners (if any), neighbors, precinct and other relevant . Almost always, such cases are closed in favor of the claimant, and the court makes the respondent (tenant) the requirement to leave the dwelling within the prescribed period.
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