The problem of eviction of tenants is often very acute.
For example, you have entered into a lease with tenants,The term of the contract has not expired, but you need to terminate the contract. Or you have a lease, its term has expired, but tenants refuse to leave the living space.
Or you actually rented out your living space, but did not sign a contract, and you had to evict your tenants.
In the first case, to terminate the lease contract andEviction of tenants you will need to apply with a statement of claim to the court. In court you will have to prove one of the reasons listed below, or their totality:
- the tenants violate the terms of the contract (for example, they do not pay the rent or pay it out of time) -
- tenants violate the terms of the contract, which according to the latter are the direct grounds for the termination of the contract-
- Tenants violate the rules of residence or use the premises not for their intended purpose-
- Tenants commit unlawful actions in your relation-
- you have a situation that leads to the impossibility of further performance of the contract.
In the second case, one can turn to the district police officer,Justifying their claims. Perhaps the interference of law enforcement agencies will affect the behavior of residents. At least in the presence of a representative of the authorities, you can legally transfer former tenants from their living space. As a rule, no one gets to extremes. There is one nuance here. According to article 664 of the Civil Code of the Russian Federation, the employer has the pre-emptive right to conclude a contract for a new term. You as a landlord are obliged three months before the expiry of the contract to warn the tenant about the refusal to extend the contract, but only because of the decision not to rent for at least one year, or to offer the employer to draw up a new contract.
If you do not fulfill this duty, and the employerDoes not renounce the contract, the contract will be considered extended for the same period and on the same terms as the original contract. Keep in mind if you indicate in the refusal to re-negotiate a new contract the above reason, and hand over the apartment to another person, such a contract can be recognized as illegal and entail compensation for damage.
In the third case, everything is not so simple. Firstly, many do not conclude a lease because they do not want to pay taxes, so they do not hurry to seek help from law enforcement agencies. Tenants are also aware of this and are just waiting for what will be over. In any case, if the situation can not be resolved peacefully, we will have to contact the police. Since you did not conclude a contract, you can formally ask the tenants to leave at any time. They do not agree - you can appeal by bringing to criminal liability, provided for illegal entry into the home. Can not settle - one way out, go to court.