Can a person be evicted from an apartment in winter?

Is it possible to evict during winter?

If there are grounds for eviction of tenants, the landlord can demand eviction, regardless of the time of year. Eviction in winter is possible according to the housing code.
The reasons for eviction are not particularly important.

The grounds may be specified in the agreement signed by the parties. Or they are contained in the Civil Code.

Often, to evict tenants in winter, it is necessary to go to court. There, evidence of tenant violations of the terms of the contract is considered, and only then a decision is made on early eviction.

The following can serve as a basis:

• decision of the expert commission on the emergency condition of the house
• witness statements
• agreement
• receipts

Municipal apartment

In Art. 90 of the Housing Code of the Russian Federation states that tenants can be evicted for debts in paying utility bills. At the same time, they are provided with other living quarters.

In addition, eviction is allowed for other reasons:

• violation of the rules of residence, according to the law
• illegal transfer of an apartment to a non-residential property
• amoral behavior

These violations must be documented.

In Art. 85 of the Housing Code of the Russian Federation spells out the reasons why eviction with further provision of another living space is allowed:

• major renovation
• change in apartment area due to reconstruction
• transfer of the house to religious organizations
• emergency condition in which demolition of the building is necessary
• transfer of a house to non-residential stock

Eviction of tenants in winter: procedure

The parties are obliged to inform each other of their intention to terminate early. The lessor must provide evidence of non-compliance with the contract or violations. In cases where the contract specifies a period within which both parties must notify each other about the decision to terminate early, it is mandatory to comply.

The tenant must notify the tenant of the termination of the contract no later than 3 months before the planned eviction.

The contract can be terminated only in cases provided for in the contract or prescribed by law. In the absence of established conditions, eviction is carried out through the court.

The tenant must notify the tenants that they have corrected the violations or evict them in an appropriate manner. Proof of compliance with the landlord's obligations is the signature of the tenants and the date of delivery on the notice.

Eviction of tenants in winter through court

When the parties have not reached a peaceful resolution to the conflict situation, the solution may be to go to court. Read about the grounds for eviction of tenants in court.

To do this, you need to draw up a claim and supplement it with the following documents:

• a copy of the notice with the tenant’s signature and date of delivery
• receipt of notification
• conclusion of the commission on the emergency condition of the premises
• receipt for payment of payment for rental housing
• rental agreement

The tenant may be required to pay:

• lawyer
• state duty

In order for the tenant to compensate for legal costs, confirmation of these costs will be required.

You can postpone eviction in the following cases:

• in case of disagreement with the court decision and further appeal
• if there are minors who need to live in an apartment for a number of reasons. For example, for the end of the school year.

Eviction of tenants with the help of a local police officer

In the case where a residential lease agreement was concluded between the parties, throughout the entire duration of the trial the tenant will be able to use the disputed property for his own purposes. At this time, a dishonest tenant can take all the apartment owner’s valuables out of the house.

• the tenant is called up for military service;
• the tenant has been sentenced to prison or is in prison at the time of the dispute;
• the citizen is declared missing;
• the tenant died suddenly;
• the tenant knowingly provided false information when concluding the rental agreement.

Can they be evicted from a service apartment during the heating season?

In the event of termination of an agreement on the rental of private residential premises, tenants are obliged to vacate the premises they occupy on the basis of an appropriate court decision (Article 688 of the Civil Code of the Russian Federation). Eviction of citizens from apartments and houses provided for use under a social lease agreement is carried out:

1. With the provision of comfortable and non-equipped residential premises.
2. Without providing new space for subsequent residence (Article 84 of the Housing Code of the Russian Federation).

Eviction of tenants from social housing is also carried out on the basis of a court decision, but without providing them with other residential premises in return (Article 91. 12 of the Housing Code of the Russian Federation). The eviction of citizens from residential spaces with a special status is carried out after the early termination of the relevant agreements.

Eviction of tenants from a communal apartment

According to Art. 619 and Art. 620 of the Civil Code of the Russian Federation, the owner has the right to terminate the rental agreement and evict tenants from a communal apartment without good reason. A prerequisite is that two months before the event the owner is obliged to warn the owners about the upcoming procedure. The notice must be in writing, delivered in person or sent by registered mail.

The Civil Code does not establish the exact aspects regulating housing relations between residents of rooms in communal apartments and tenants. The Housing Code states that the neighbors themselves can carry out the eviction of a tenant in the appropriate manner. They write a collective complaint and send it to the district police officer. The next step is filing claims in court. Exactly the same procedure for the procedure for eviction from small-family apartments.

Reason for eviction:

• violation of the regime,
• non-payment of utility bills,
• non-compliance with safety rules,
• hooliganism, drinking alcohol in public places,
• behavior that threatens the life and health of neighbors.

Judicial authorities accept for consideration only documentary evidence:

• testimony from the residents themselves,
• acts of non-compliance with safety rules,
• protocols drawn up by the police regarding violations of law and order,
• extracts from the housing office about the presence of debt on utility bills.

Based on all the facts presented, the judge issues an eviction order, according to which the tenant is obliged to move out of the living space within a specified period. The presence of a minor child in the family is not an argument for overturning a court decision.

Is it possible to evict tenants in winter in Russia?

Here is a list of possible types of evidence for eviction of tenants:

• Testimony from housing and communal services employees about who paid for utilities;
• Receipts from tenants for deferred payment of rent as confirmation of overdue debt;
• Testimony of witnesses (for example, neighbors) that tenants caused damage to the landlord’s property;
• Photographs of the residential premises before and after the tenants moved in to clearly show the damage caused.

You can also use various video or audio recordings of conversations with tenants. All this will be additional evidence in court, which can tip the scales in your favor.

After all, if the judicial authorities are not satisfied with the facts provided, the claim may be rejected.

Forum for mutual legal assistance of military personnel

If the agreement is concluded for a period of more than 1 year, it is subject to state registration, and the right of ownership for the period of its validity will be limited (Article 674 of the Civil Code of the Russian Federation). This rule applies to all types of agreements on the transfer of housing for use. Therefore, if the parties did not draw up a written lease agreement, it is pointless to talk about regulating their relationship with the Housing Code of the Russian Federation and the Civil Code of the Russian Federation. When evicting tenants with whom a written rental agreement has not been drawn up, the landlord can rely on the provisions of the Criminal Code of the Russian Federation.

Where to begin

The issue of eviction of tenants must be resolved with a correct assessment of the situation. In different circumstances, the actions will be different. The key question is whether there is a rental or rental agreement concluded with the residents. If there is no contract, eviction from the apartment will be faster and easier.

If there is an agreement, you need to pay attention to the following facts:

• whether the agreement has expired,
• what grounds for termination are indicated in the text,
• Are there any special individual conditions stipulated in the agreement regarding the eviction of tenants, which must be adhered to?

Important! The absence of an apartment rental agreement is convenient only in case of forced eviction. In other cases, you cannot do without it. For example, when it is necessary to recover damage caused to an apartment or to compensate for the losses of flooded neighbors below, the contract will become the central evidence in the case.

Is it possible to evict tenants during the heating season, in winter?

How to achieve this, what pitfalls await the landlord along this path, is it possible to evict tenants in winter or with children, what regulations regulate the eviction process - we read about all this further. Laws on tenants Before taking any actions aimed at eviction of inconvenient tenants, it is worth finding out what levers for this exist in current Russian laws. To understand which regulatory code of Russian legislation should be used in this case, it is necessary to delve into the nuances of the concept of “lease agreement”. A lease agreement is primarily a document, that is, a written agreement between the landlord and the tenant. The main primary points of the agreement are the terms of delivery of the living space, as well as the amount of monthly payment for it.

Eviction in winter

If the residential premises are suitable for a person’s normal life and can be rented to tenants, then only the landlord submits a petition to the courts to evict the tenants. Tenants, in turn, can sue the property owner for illegal eviction, or file an appeal against the court decision, if one has already been made.

What evidence will be accepted? The most significant thing that will influence the outcome of the trial is the evidence base. After all, the court needs facts to verify the legality of the eviction request. And the landlord must, if possible, provide them in full in order to achieve a settlement of the issue in his favor.

Is it possible to evict from an apartment in winter?

In addition, you can make a request to the territorial division of Rosreestr and receive an extract from the Unified State Register. The decision to classify the apartment as official housing had to be sent to the Rosreestr office within three days from the date of its adoption (clause 14 of the Rules). This message is of a notification nature and is not legally significant for the purposes of giving or not giving an apartment the status of a service apartment, therefore, the absence in the Unified State Register of information about assigning the status of a service residential premises to an apartment cannot indicate the invalidity of its assignment. If the necessary information is not available in the territorial division of Rosreestr or the ownership of the apartment arose before January 31, 1998 and was not subsequently registered with the Rosreestr office, residents of Moscow must contact the City Property Department. In the absence of a written agreement on the legal rights to reside in Even they don’t have rented housing, so you have the right to kick out such tenants even in the cold - in winter. If there is a lease agreement and substantial grounds for eviction through the court, everything will also depend on the disposition of the landlord or the judge, because the legislation in this case does not provide any specific concessions for tenants who have children. Are there exceptions? The most difficult thing is to kick out the tenants who have registered in the rented premises.

A very rare case, but possible. The law does not prohibit a person registered in a specific residential building from registering his child there without the permission of the owner of the living space. It is almost impossible to evict tenants with a minor child registered in your apartment.

If an agreement has been drawn up between the apartment owner and the tenants, then eviction can only be achieved through the court. In this situation, there are no special legislative provisions that would provide relief for tenants with children.

Forced or voluntary As a rule, first of all, property owners try to resolve the issue of eviction on a voluntary basis. If tenants violate the rights of neighbors due to noise, then you can ask them to eliminate the violation, warning them of the possibility of eviction. In some situations, tenants make concessions, and the issue can be resolved peacefully.

But if the tenants refuse to vacate voluntarily if there are compelling reasons for this, the owner cannot avoid going to court.

Particular attention should be paid to Article 31, Article 89 of the RF LC, as well as Article 292 of the RF Civil Code. The law states that eviction is a last resort measure applied to citizens in case of gross violations of legal norms. The Constitution of the Russian Federation protects the human right to housing. This document states that a citizen cannot be deprived of housing just like that. It is necessary for a certain decision or regulation to come into force.

Eviction in winter Based on the Housing Code, eviction from an apartment in winter is possible. The owner of the premises may demand the eviction of tenants at any time, regardless of the time of year. It is only important to find the basis for this. There are no official bans on evictions in winter.

In most cases, to evict tenants, you will need to go to court.

Eviction of tenants during the heating season

Often the pressing question for residential property owners is whether it is possible to evict tenants in winter. The legislation of our country provides for this, that is, temporary residents can be evicted in the winter in exactly the same way as in any other period.

In this situation, the owner of the apartment must prove in court that he has specific grounds that the tenants should be evicted right now. The same applies to the question of whether it is possible to evict tenants with children in the winter, then this is also provided for, but it is imperative to provide some time for temporary residents to find other housing.

In a situation where the owner of a residential property wants to evict tenants without compelling reasons, this is only possible if the agreement between him and the tenant was oral. In fact, in this case, the owner can do whatever he pleases, since the transfer of the temporary right to use the residential premises has not occurred. Here, contacting the police can bring certain results to the owner. He can simply write a statement for illegal entry into private property, then the tenants will be promptly escorted out of the premises.

Can a person be evicted from an apartment in winter?

• Testimony from housing and communal services employees about who paid for utilities;
• Receipts from tenants for deferred payment of rent as confirmation of overdue debt;
• Testimony of witnesses (for example, neighbors) that tenants caused damage to the landlord’s property;
• Photographs of the residential premises before and after the tenants moved in to clearly show the damage caused.

if the apartment (room) is used by the tenant for other purposes (for example, not for living, but for carrying out commercial activities) or the actions of the tenant worsen the condition of the premises or property located in the premises. Eviction is also possible when the tenant’s behavior violates the rights and legitimate interests of neighbors. This takes into account not only the actions of the employer himself, but also the persons for whom the employer is responsible (family members, cohabitants). If violations are detected, the landlord must warn the tenant about the need to eliminate the violations and provide a reasonable period for this.

From time to time you need to visit your tenants to check. It is necessary to control not only the safety of movable and immovable property, but also the availability of paid utility bills;

• Alternatively, timely payment of utilities can be checked with the housing and communal services manager by phone or by registering a personal account on the website of the management company;
• Before renting out residential premises to specific tenants, it is worth carefully checking their solvency;
• You can specify in the lease agreement that tenants pay monthly rent by transfer through a bank branch or by wire transfer via the Internet.

Citizens who rent out apartments to tenants sometimes, when conflict situations arise, wonder how to evict tenants in winter. From a theoretical point of view, this situation can be resolved very simply, since the lessor can terminate the rental agreement at any time, but subject to the condition of providing a certain time during which the tenants must find new housing. However, in practice, resolving such disputes is not so easy for the property owner, especially if the tenants have minor children.

How to evict tenants if there is no agreement

Evicting tenants without an agreement is the easiest situation for an apartment owner. Legally, such residents do not have special rights to the apartment, like tenants under a contract.

Namely:

• cannot demand admission to stay for a certain period of time,
• are obliged to leave the living space at the first request of the legal owner.

In this case, there is no need to look for any specific grounds to evict them, as is the case with a contract. The owner's desire to vacate the living space is enough.

The “Ipotekaved” portal offers the following scheme for how an owner can evict tenants without an agreement:

1. Prepare your passport and a document confirming ownership (certificate or extract from the Unified State Register).
2. Arrive at the address where the apartment is located. Warn residents verbally about the need to move out.
3. If you refuse, call the police or local police officer.
4. Inform the arriving employees about the presence of unauthorized persons on your territory.

As a rule, the issue of how to evict tenants is resolved already at the stage of reporting the call to the police/precinct.

If tenants do not open or ignore the owner’s demands to vacate the apartment, changing the locks can help. You can evict tenants in their absence as follows:

1. Open up the living space.
2. Remove tenants' belongings.
3. Change locks to prevent tenants from returning.

It is necessary to remove the belongings of the former residents, otherwise they will have the right to recover from the owner the losses caused by their retention. In this case, the owner does not bear responsibility for the safety of other people's property.

Attention ! If you evict tenants without an agreement, then it will no longer be possible to demand money from them for unpaid rent, compensation for damage caused to repairs and other losses. There is simply no reason for this.

If the tenants changed the locks themselves, then the Ministry of Emergency Situations will help to open the apartment. Before the procedure, they will need to present proof of home ownership.

Can they be evicted from an apartment in winter by court decision?

Here it should be said that Russian legislation provides for freedom of contract, which means the parties have the right to independently determine all conditions, including the possibility of early termination of the contract on grounds not provided for in the law. If it's winter If there are grounds for eviction of tenants, the landlord has the right to demand eviction, regardless of the time of year. It does not matter how these grounds are established. The evidence may include receipts, contracts, witness statements, expert opinions on the emergency condition of the building, etc. How should I proceed?

If the contract specifies a period within which the parties must notify each other of early termination, then compliance with this period is mandatory for the parties. The Civil Code of the Russian Federation provides for the period for sending notification only to the tenant, since only he has the right to unilaterally refuse the contract. Some may be contained in the agreement drawn up by the parties, while others are contained in the Civil Code (listed above). Subscribe to our channel in Yandex.

Zen! Subscribe to the channel True, in order to evict tenants, in most cases it is necessary to go to court. The court will consider the presented evidence of violation of the terms of the contract and make a decision on the possibility of early termination of the contract.

There are also two options here. If there is no agreement, you can do this at any time. But if an agreement is expected to be concluded, then it is worth timing it in such a way that it occurs at a different time of the year.

Eviction of tenants occurs regardless of the time of year only if the contract specifies the terms of notice of eviction and the conditions for its termination. The consequence of termination of the tenancy agreement is the eviction of the tenants from the occupied apartment. If they refuse to voluntarily comply with the court decision, you must contact the bailiff department of the district where the occupied living space is located. The bailiff initiates enforcement proceedings and carries out eviction.

Sometimes this cannot be done without the intervention of police officers.

• Come to your own apartment with title documents for it and ask to leave the living space in an amicable way.
• If this does not give the desired result, then call the police and say that there are strangers in your apartment and do not want to leave it. They will help you remove such uncooperative tenants legally.
• If your tenants change the locks during their stay, you can safely call the Ministry of Emergency Situations to break in.

If there are such grounds, the neighbors must, first of all, provide evidence of a violation of the rules of residence, and contact the police to record it, send a general complaint to the tenants on behalf of all residents in the apartment, write a lawsuit and send it to the court. Then the court, having considered it, makes a decision on eviction, according to which citizens must leave communal housing within a specified period. The decision is submitted to the FSSP, which carries it out.

The time of year (whether it is winter or summer, heating season or not) has absolutely no effect on the likelihood of eviction of unwanted tenants from the point of view of the law. Another thing is the moral and ethical principles of the renter as a person. Since most of the territory of our country is exposed to a harsh climate most of the year, making a difference based on the temperature outside the window threatens the landlord with unnecessary problems.

Thus, by assuring that it is cold outside, tenants can convince them to delay eviction for more than one month. A similar situation occurs when there are minor children among the tenants. In the absence of a written contract, even they do not have the legal rights to live in the rented premises, so you have the right to kick out such tenants even in the cold - in winter. If there is a lease agreement and substantial grounds for eviction through the court, everything will also depend on the disposition of the landlord or the judge, because the legislation in this case does not provide any specific concessions for tenants who have children. However, if the issue is resolved through the court, even in winter, the tenants will have enough time (while the trial lasts) to find another place to live.

There are also cases when a court decision orders not to evict tenants during the heating season if there is a written rental agreement and there are no payment arrears, but this is decided individually in each specific case and most likely depends on the human qualities of the judge.

• Testimony from housing and communal services employees about who paid for utilities;
• Receipts from tenants for deferred payment of rent as confirmation of overdue debt;
• Testimony of witnesses (for example, neighbors) that tenants caused damage to the landlord’s property;
• Photographs of the residential premises before and after the tenants moved in to clearly show the damage caused.

The Civil Code, of course, provides for the mandatory drawing up of a written agreement between the tenant and the landlord. But not everyone follows this rule. If there was no agreement and the tenants moved in by verbal agreement, you need to look for material evidence of this transaction.

The court will not take into account the testimony of witnesses without an agreement, but it will need to establish what exactly is reliable in the statement of claim, so it would be nice to find video or audio recordings confirming the agreement between the parties. Written evidence in the form of receipts or other supporting documents is also suitable.

• The main thing is to draw up a competent written agreement, agreed upon by specialists in this field;
• Payment for housing and communal services should be included in the rent and tenants should be instructed to pay their own bills;
• From time to time you need to visit your tenants to check. It is necessary to control not only the safety of movable and immovable property, but also the availability of paid utility bills;
• Alternatively, timely payment of utilities can be checked with the housing and communal services manager by phone or by registering a personal account on the website of the management company;
• Before renting out residential premises to specific tenants, it is worth carefully checking their solvency;
• You can specify in the lease agreement that tenants pay monthly rent by transfer through a bank branch or by wire transfer via the Internet.

Reasons

What may be the grounds for eviction of citizens from an apartment:

• the building is transferred to a religious company for use;
• citizens do not pay rent for six months;
• the house is seized for municipal or state needs;
• tenants commit systematic violations of the rights of their neighbors;
• the rental agreement has expired;
• the residential premises are not used for their intended purpose, for example, for carrying out business activities;
• the expert commission made a decision on the emergency condition of the facility;
• the tenants carried out unauthorized redevelopment and refuse to return the premises to its original state.

There may be other reasons. In some cases, compensation or new housing is provided upon eviction.

Forced eviction from housing

1. Loss of employment status that allowed one to occupy this living space due to dismissal from office.
2. Availability of other real estate suitable for living. For example, if the state becomes aware of the inheritance of living space, this may become grounds for eviction based on the improvement of living conditions.
3. Expiration of the concluded rental agreement, provided that the agreement stipulates the obligation of the resident to leave the living space after its expiration.
4. Invalidation of the grounds for settlement: employment contract, rental agreement, government contract. A document can only be declared invalid in court.
5. The appearance of a new owner of the property, with whom the resident is not bound by legal relations that allow him to rent housing.
6. Voluntary termination of a tenancy agreement by one of its participants.
7. The occurrence of unsuitability of housing due to force majeure circumstances.
8. Death of a tenant living alone.

• Citizens who retired due to old age/length of service/health.
• Disabled people belonging to groups I and II who were injured during the performance of professional duties or through the fault of superior management (if we are talking about the military, then subject to injury or concussion during the period of service).
• Family members of law enforcement officers, military personnel, the Ministry of Emergency Situations, as well as officials recognized as killed in action or missing.
• Family of the deceased employer.
• Orphans or left without parental care.
• The employer and the citizens living with him do not fulfill their obligations under the contract for the rental of office space, in particular, they do not pay for housing and/or utilities for more than six months.
• Damage or complete destruction of residential premises by the tenant or persons for whose actions he is responsible under the contract.
• Violation of the rights and legitimate interests of neighbors, which is systematic, as a result of which cohabitation is considered impossible.

This document is drawn up by the municipal authority in the event of redevelopment of housing without the consent of the authorized bodies. The order has a specific period during which the owner must return the property to its original condition. If he refuses to do this or ignores the order, the municipality goes to court with a claim to forcefully collect the living space and sell it at auction.

• “Foreclosure under executive documents cannot be applied to the following property owned by a citizen-debtor by right of ownership if the residential premises (parts thereof), if for the citizen-debtor and members of his family living together in the owned premises, it is the only one suitable for permanent residence in the premises, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and foreclosure may be levied on it in accordance with the legislation on mortgages (Article 446 of the Civil Procedure Code of the Russian Federation).”

1. The use of living space without conducting the necessary economic activities, which entails (or has already caused) its destruction.
2. Creating conditions that pose a threat to the life and health of neighbors.
3. Use of the premises for purposes other than its intended purpose.
4. No utility bills (subject to availability of another place to stay).
5. Failure to comply with sanitary and hygienic standards, which entails the creation of uncomfortable living conditions for neighbors.

Grounds for eviction of tenants

Conditions under which the landlord has the right to evict tenants:

1. Violation of rental agreements . To prove the fact of violation of the current contract, the landlord is obliged to provide supporting documents: an extract from the housing office (if there is no payment of utility bills), testimony of neighbors (in case of dishonest behavior), an inventory of the property located on the premises (if it is damaged).
2. Systematic late payments . The list of reasons why an owner may request early termination of a contract includes eviction for non-payment. The Civil Code determines that the landlord has the right to evict tenants in case of delay for two periods (if the contract was signed for a period of less than a year) and non-payment within six months in case of an agreement with a longer period.
3. Use of rented housing for other purposes . If the residential premises are not used for living, then, according to Article 17 of the RF Housing Code, such an action is considered a violation of current legislation. The owner has the right to contact the housing commission to draw up a protocol. If the norms of the law are met, the lessor terminates the contract in accordance with paragraphs of Article 687 of the Civil Code of the Russian Federation.
4. Neglect of the rules for caring for the owner’s living space and property . The tenant is obliged to compensate for all losses caused through his fault and resulting in damage to the owner’s property. In case of refusal of compensation, the owner must apply to the judicial authorities with a statement of claim to recover funds from the tenant.
5. The tenant does not fulfill agreements on payment of housing and communal services . If the contract stipulates the conditions under which the tenant is obliged to make utility payments, but he neglects his obligations, the owner has the right to evict him.
6. Misconduct . The tenant violates the rules of public order and creates uncomfortable living conditions for neighbors. The eviction procedure is carried out based on the decision and the availability of evidence. The employer is fully responsible for the actions of the citizens living with him. If the rules of the hostel are violated, the owner warns the tenants of responsibility. If the comments are ignored and the owner’s actions are not recognized as legal, they are denied further residence.

Is it possible to evict tenants in winter 2019

• hand over the landlord's request for eviction in person and against signature;
• send by mail a written notice of eviction indicating the reason for eviction, the deadline by which the tenant must leave the premises, and the requirement to pay off all outstanding debt. The delivery notice will contain the tenant's signature, which will later serve as evidence in court that the landlord notified the tenant of the eviction;
• in case of refusal to sign the demand for eviction, it is necessary to attract two neighbor-witnesses and read out this demand orally.

The issue of eviction of tenants from housing becomes acute for the landlord in cases where the persons living in the apartment systematically violate the provisions of the concluded agreement. Is it possible to evict tenants in the winter, how should the landlord act in this situation, what legal grounds does the owner have for evicting tenants in the winter - the article provides answers to these and other pressing questions on the topic. The option of concluding an oral rental agreement is very common, since the landlord does not incur additional costs for paying taxes, certification and state registration of the rental agreement. Before refusing to enter into a lease agreement, both parties need to consider all possible risks that may arise in the future.

In this case, there are two scenarios for the development of events, shown in the table below.

Let's look at an example . The landlord, Egorov V.P., has been renting out his grandmother’s apartment to the family of his classmate Ivanenko Yu.A. for 6 months without concluding a notarized rental agreement.

On January 15, 2020, V.P. Egorov decided to vacate this apartment in order to accommodate his daughter, who was about to get married, in it. Egorov V.P. informed his classmate that he needed to vacate the occupied living space by May 1, 2020. Ivanenko Yu.A. agreed and during this time decided to find another place to live.

Can they be evicted from an apartment in winter by a court decision?

Tenants

Tenants can be evicted by agreement or in court. Some owners register residents in their apartments. This significantly complicates the eviction procedure. Therefore, it is necessary to weigh all the pros and cons before applying for registration to unauthorized persons.

Preparation

It is not always worth solving the problem so radically. Is it possible to evict tenants in winter? Actually, yes. Just before suing and arguing, try to solve the problem peacefully. Sometimes such a technique is quite possible. Especially if people have adequate behavior and you just need your living space back. How should you proceed?

Come and say “Move out!” it is forbidden. This is a direct violation of the Constitution. But you can warn about eviction. Especially when you enter into an agreement verbally and reaffirm it every thirty days.

Warning must be given one month before the proposed eviction. During this period, tenants will be able to find new housing. So please note: unauthorized eviction is not possible.

If you are sued, you will definitely win.

Oral form

How to evict tenants without an agreement? It has already been said that this process is more difficult than if it were present. An oral form does not give any guarantees to the tenant, but it can also bring a lot of problems to the landlord.

In any case, if you are determined and all the warnings have not yielded results, you will have to take extreme measures. Especially if your tenants do not have any connections with you: family or friendship.

All this will only complicate the task.

You will be required to contact law enforcement agencies. They will show up at the apartment without warning and show the tenants the exit. In this case, you will, of course, have to pay a fine. For what? For concealing income and tax evasion.

But, as practice shows, if you indicated somewhere in the declarations information about making a profit from the apartment, you do not need to give any money. And of course, the police don’t particularly like to interfere in housing issues.

Therefore, it is rarely possible to get rid of tenants who do not disturb the peace and quiet so easily and simply.

How to act

It is better for the landlord to act on the terms of concluding an agreement for the use of housing in a legal manner.

If the lease agreement is drawn up in writing and has passed state registration and the owner has paid personal income tax, then the vacancy of the premises can be decided through the courts.

Sometimes a question arises. Why is it impossible to resolve the eviction situation through the police or the prosecutor's office?

You can contact the police, but the police do not resolve issues of vacating housing from tenants under a lease agreement. Police officers do not classify this as unauthorized taking of property or illegal invasion of a home. The police will advise you to contact the judicial authorities.

It is possible to contact the police when concluding a lease agreement orally. But in this situation the landlord is at risk. Tenants can report to the tax inspectorate about concealment, 13% personal income tax.