When tenants cannot be evicted even through the court: legal subtleties

In this article, we will consider important points about the eviction of the tenants, and also finds out when the court may refuse this procedure.

Content

Everyone who has their own free housing has at least once thought about its rental. But in reality, everything turns out to be many times more complicated than it might seem at first glance. Renting an apartment for renting is a difficult and laborious process, which not every landlord can cope with. Especially when it comes to the moment when it is necessary to evict the tenants. In this matter, some difficulties may arise, which we will talk about in this material.

When the tenants cannot be evicted even through the court: legal subtleties

Unfortunately, it is not always possible to solve conflicts between residents and the landlord peacefully, therefore, more and more often the usual procedure on hiring the apartment ends with a scandal. The essence of the problem is that the owner of the apartment does not have the right to evict tenants when he wants.

Important: The owner of the apartment must understand that he lets out to his house under his responsibility, and therefore is responsible for their actions to neighbors and law enforcement agencies. And, unfortunately, there are no guarantees about the safety of the apartment and all within the standing items, as well as the timely payment of housing and utilities. And even more so there is no bail that it will be possible to compensate for the losses that were inflicted after the eviction of the tenants.

Letting out strangers into your housing, you take it for your responsibility

What can be the grounds and reasons for the landlord to evict tenants?

Regardless of how the tenants and the landlord came to the congress stage, it is important to remember that the lack of an agreement will become a serious obstacle, which can slow down the very procedure for evicting tenants.

Most often, it is not very profitable for the owners of the dwelling and certify it with a notary public for many reasons. The most common reason is the lack of a desire to pay taxes to the state. In addition, many just do not want to engage in a compartment of papers and delve into all bureaucratic subtleties. But now it’s not about that, everyone has the right to decide and be responsible for their actions.

The owner of the apartment at any time can stop living of certain people on his housing area if:

residents of the apartment regularly expands the payment of rent and utilities. Especially if the debt has already exceeded 2-3 months, but for a long form of the contract it should be six months;
there is a violation of certain agreements with the owner of the apartment. In this matter, everything can be purely individual. But it must necessarily make a reservation at least in a home -made contract;
operation of a dwelling is not for its intended purpose. Especially when neighbors begin to complain from all sides;
damage of the property of the lessor or improper care for the apartment.

Important: These reasons will be good proof in court. But, if there is no agreement, then the tenants remain in the rented apartment until the court decides. When compiling such paper in this case, the owner just needs to write a written statement. Also note that in all other cases, the court may be on the side of the tenants.

The presence of a contract plays a large role

Does the owner of the apartment have the right to evict tenants when he wants?

The owner of the apartment, if there was no agreement, has the right to evict the tenants at any time, simply canceled the rental of housing.
The reasons listed above may serve as a good reason for applying the lessor to the court if the tenants refuse to be evicted voluntarily.
If the owner of the apartment plans to solve this problem on its own, then the eviction procedure can acquire an unexpected character.

Important: When drawing up the contract, only employers can terminate it ahead of schedule. Therefore, to evict the tenants just the owner has no right. Exceptions are the above reasons.

It is worth touching the topic the presence of children. If there is no contract, then it already depends on the conscience of the owner. Although the presence of a child gives some privileges when applying to the court in the form of a slight softening. He can also decide to cancel the eviction of the tenants or provide this housing until he finds a replacement. Speech, of course, goes for minor children.
It is also worth mentioning winter periodd - there are no prohibitions on the eviction of tenants at this time. Therefore, the owner can evict them with the help of the police or go to court. But for the last option, you need to provide good reasons for eviction, which we talked about at the very beginning. If you have no contract, then the debt will need to be forgotten.

Families with children have mitigating circumstances

Ways how you can evict tenants:

just change the lock. But for this there should be good reasons, since the employer can file a lawsuit in court;
call the police so that the employees help to free the premises. Again, there must be a significant motive, and not just the arrival of Aunt Zina from another city for a week;
the court is already considered an extreme measure that is used in cases where tenants and the owner cannot come to a common denominator.

In which case, the owner does not have the right to force tenants even through the court?

The presence of a rental agreement certified by a notary public is a very important point. Typically, the contract indicates the time period for which tenants have the full right to live on the rented housing area. There are two types of contracts: short -term (up to 1 year) and long -term (from 1 to 5 years).

Important: If the contract does not spell out the term of residence of the tenants or the contract was not drawn up at all, then the court will be repelled from the maximum deadline.

The lessor is obliged to warn the tenants of eviction in a timely manner

The first option for concluding a short -term contract is more profitable for the lessor. We also note that at the conclusion of his term, he it does not extend automatically! The exception is only a case if this was mentioned in its structure.
The problem is in a long -term lease agreement, What provides for certain rules that are required to comply with both tenants and the owner:
- the owner of the apartment, concluding a long -term contract, undertakes no later than 3 months to inform the residents, which expires the term of conclusion of the contract. And he is also obliged to warn that in the near future the owner does not intend to rent an apartment. That is, gently hints about the imminent eviction of the tenants;
- if the lessor was silent about this, and the tenant did not move off the apartment during this time, then the contract is considered automatically extended.
In such a situation, the owner has no right to evict the tenant throughout the validity of the document.

Important: Also, if the owner of the apartment warned the tenant that he did not intend to rent an apartment in the near future, and does it himself, then the tenant has the right to sue and challenge this decision. By a court decision, the owner will have to pay moral damage to the tenant and conclude an agreement on renting housing with him.

The court will be on the side of the tenants if good evidence is not provided

We want to conclude on the basis of all of the above - when renting a house for their own safety and avoiding all kinds of negative cases when lenients are evicted conclude an agreement! But it is better to arrange it for yourself no more than 12 months. If necessary, it can be extended for the same period.