How can tenants and landlords protect themselves from each other?

When renting out an apartment, it is important to observe some nuances. For the average Russian, personal real estate is his main wealth. If he has several of them, then he is doubly rich. As the owner of the home, he can do whatever he wants with it - sell it, donate it or rent it out.

All this, of course, is good, but at the same time, an extra apartment can not only be a source of additional income, but also the cause of a considerable headache. For example, when renting out a residential property, the owner first tries to find a good tenant. If one is found, then he is lucky.

But it often happens that the tenant for one reason or another (most often the problem is insolvency) does not suit the owner of the premises. And then he faces another question - how to evict tenants who do not pay rent.

Pros and cons of renting out housing

The decision to surrender the extra meters is certainly correct and cannot be doubted:

• Thus, the issue of paying utility bills is resolved. There are two options here - either the owner receives the entire amount and pays for utilities himself, or enters into an agreement with the residents that they will do this. In the second case, it is necessary to take control of this issue and check receipts every month. The wise saying “trust, but verify” comes in handy here.
• A regular source of additional income appears in the family budget.
• The property, as they say, will be under supervision. The presence of people in the apartment will be a guarantee against robberies or such unpleasant little things as broken glass. In addition, there is always the possibility of some kind of emergency in the form of burst pipes, sewers, etc.

In a word, there are some very significant advantages. But along with this there is also the other side of the coin:

• There are quite frequent cases when seemingly decent and respectable people, although the ancients warned that first impressions are deceptive, in fact turn out to be financially insolvent.
• Even if tenants pay their rent on time, there may be reasons to refuse. For example, they may well turn out to be alcoholics and brawlers who have intimidated the entire entrance. Complaints from neighbors to law enforcement agencies about them and the property owner may become simply commonplace.
• Also, apartment scams have become very popular recently. The scheme is something like this: a swindler disguised as a tenant, usually looking presentable and positive, pays money 1-2 months in advance. After some time, he rents out the apartment to other people, taking money from them for six months or a year in advance, and safely disappears.
• The second scheme is the same as in the first case, but this time the “tenant” begins to re-rent the apartment on a daily basis. And the contingent in this case is very specific - it is not only lonely business travelers, but also girls of very easy virtue. Again, your neighbors' indignation is guaranteed.

And here the eternal questions of the Russian intelligentsia arise - what to do and how to be? Also timely in this situation will be another expression, no less popular in the Russian expanses, “who is to blame?” And the owner himself may be solely to blame, but only if he has not entered into a rental agreement with the tenant.

Correct drafting of the contract

The rental agreement for residential premises must be drawn up correctly.
The peace of mind, confidence and preserved nerve cells of the homeowner directly depend on how competently and comprehensively the document on the rental of residential premises is drawn up.

A properly drafted contract should contain:

• under the first paragraph, you must indicate all the passport details of the participants, both the tenant and the landlord, including the place of registration
• the exact address of the housing being rented out, listing its main characteristics (for example, a one-room apartment with an improved layout, third floor, panel house)
• lease term - start and end dates of the lease relationship
• payment procedure - there must be a clearly defined amount of monthly payments and payment date (for example, the employer must pay 8 thousand rubles no later than the 5th day of each month)
• rights and obligations of the parties - the tenant undertakes to maintain order and proper care of the premises and property, and the owner undertakes to promptly eliminate identified deficiencies on his own
• a detailed inventory of the property located in the apartment, their condition and the degree of compensation in case of damage
• After agreeing on all terms, the contract must be signed by all parties to the transaction

Is it possible to evict with children?

Many dishonest tenants take advantage of the fact that they have children and do not vacate the property at the request of the owner. However, if a rental agreement has not been drawn up between the parties, then the presence of children does not in any way affect the procedure and result of eviction of tenants.

Another question is if there is an agreement. In this case, the eviction will take place by court decision, and he, in turn, may refuse to satisfy the apartment owner’s demands to evict the residents, citing infringement of the rights of minors living in it.

If the tenants’ family has children, it is better to draw up the agreement with the help of a competent lawyer.

Scrupulousness in drawing up an agreement, as well as a thorough check of the documents of future tenants, will save you from the troubles associated with the eviction of tenants from rented housing. It is advisable to find out whether they have children, whether they have a criminal record, and whether the person is solvent.

Tenants who have permanent registration

If for some reason the tenant has permanent registration in the rented space, then it will be extremely difficult to evict him. According to the law, a citizen with permanent registration can use the apartment for as long as he wants, and according to temporary registration, until the period expires.

There are only two options for eviction of such a person: if the tenant himself expresses a desire or through court proceedings. You also need to know that the court makes a positive decision in favor of the owner if the tenant has not appeared on the designated territory for more than six months.

In addition, without the consent of the tenant, you can deregister in the following cases:

• if called up for military service
• considered dead or missing
• provided knowingly false information about himself or false documents
• bears punishment for crimes committed

Often, employers ask owners to register on their premises, arguing that they need to get a job. Before you give your consent, you need to think carefully so that you don’t have problems with eviction in the near future.

Judicial order

The process of eviction of tenants is complex and often takes a long time, so it is better to use the services of lawyers and be patient.
Regardless of the reason for which you decide to evict tenants from your apartment, terminating a tenancy agreement occurs in approximately the same way. In order to achieve a result, according to the law, you need to go to the court, which is located at the location of the housing being rented out.

1. File a claim that must include:
   Full name of the tenants, their place of permanent registration;
2. a copy of the rental agreement;
3. the reason for termination of the contract (for example, arrears in payment of rent, indicating the period during which the payment was not made, as well as the amount of the debt);
4. appeal to the court with explanations and requirements for tenants.
5. Pay the state fee of 200 rubles. for filing a claim. If the court decision is in your favor, this amount can be recovered from the defendant tenant.
6. Wait for the court decision to enter into legal force and present it to the tenants. If they continue to ignore your demands to leave the apartment, submit the order to the bailiffs.

Eviction of neighbors' tenants

Since anything happens in life, cases often arise when the tenant suits the owner in almost all respects, with only one exception. The reason is his violent temper or bad habits that violate the rules of the hostel.

Relations between neighbors are regulated by the Housing Code, which clearly states the basic rules of behavior in apartment buildings.

The peace of neighbors is considered disturbed if there is:

• regular drinking
• obvious hooliganism
• noise and loud music at night
• if the residential premises are used for other purposes than their intended purpose (trade in drugs, alcohol, organize a brothel, produce substances harmful to human health, etc.)
• negligent and dishonest attitude towards public places (stairwells, elevator, corridor, etc.)

In such cases, an ordinary complaint can become a fairly effective tool in the fight against residents of a bad apartment. But first, you should still contact the property owners and demand that they reason with their guests.

If the owner of the property does not respond to the indignation of the neighbors, and rowdy behavior and drunkenness continues, it is necessary to write a collective complaint to law enforcement agencies and call the local police officer.

It is important to know: as soon as the number of complaints exceeds three, the district police officer will simply be obliged to take tough measures. In most of these cases, the case will go to court and the homeowner will be fined.

Since the court does not pay attention to unfounded allegations, but makes decisions only on the basis of facts and strong evidence, the necessary papers should be prepared:

• write a collective complaint-statement signed by all interested parties (the more, the better)
• call representatives of the SES to assess the sanitary condition of the rented apartment and draw up a report signed and sealed
• collect all copies of protocols drawn up by the district police officer and other law enforcement officials
• a certificate taken from representatives of utility services about damage to the property of the house and its territory
• a copy of the decision made at the meeting of the residents of the house

The main thing is that all witnesses and preferably the district police officer appear at the court hearing. This case can be won easily if the owner of the property has not drawn up a formal agreement with his tenants. If there is a lease agreement, and tenants regularly pay for housing, then the outcome of the case may become unpredictable.

There are difficult, confusing situations when the law can take the side of both one and the other person. Since not everyone can boast of legal literacy, it is best to seek help from qualified lawyers specializing in housing law.

Possible reasons

The decision to evict tenants can arise for a variety of reasons, but we list the most common ones.

Neighbors' complaints

No one will like it if the neighbors of a rental apartment call almost every day and complain about noisy parties and music coming from behind the walls, residents smoking on the staircase, the constant barking of a dog or screaming children, rows and swearing of tenants. Such people will have to be evicted, otherwise the neighbors may contact the police demanding that the apartment owner be fined for violating the order.

Debts on utility bills

It happens that seemingly prosperous citizens end up being dishonest payers and do not pay their rent on time. If you don’t check the original receipts every month, you can end up with a significant utility debt instead of income from renting an apartment.

Damage to property

In most cases, before renting out housing to tenants, the owners make cosmetic repairs and equip them with the equipment necessary for life. Unreliable tenants can break equipment, for example, sanitaryware or a gas stove, create unsanitary conditions or damage the decoration of the apartment.

Subletting of housing by tenants

If you rent an apartment for a long time and immediately charge rent for several months or a year, it is quite possible that you are dealing with scammers who will resell it to other people at a higher price.

As a rule, this happens when the housing being rented is located in a remote area of ​​the city or even in another locality and there is no way to check it.

Having registration at the place of residence

Registration at the place of residence, or, as it is also called, temporary registration, gives the resident the right to occupy the area in which he is registered until the moment specified in the document. It is almost impossible to evict tenants if you have temporarily registered them in the rented territory.

There may be several exceptions:

• if the tenant moved out due to conscription into the armed forces;
• is in prison;
• declared missing;
• died or recognized as such;
• it has been proven that an official made a mistake during registration or that forged or incorrect documents were used.

In order to evict a person temporarily registered in an apartment, you will have to negotiate for him to write an application to remove him from registration at his place of stay. In practice, in most cases this is not possible. Therefore, you should think several times before registering a tenant in your living space.

It is a mistake to believe that if you are the owner, you can write a person out at any time without his knowledge or consent.