Pre-trial claim for eviction - form 2021, download in doc

Home » Housing disputes » Notice, demand, warning about eviction from an apartment

Termination of the right to use residential premises is most often initiated by the owner of the premises. But the procedure for forced eviction is quite complicated; you will need to follow all the nuances, go through all the stages of eviction, including sending a warning to the tenant, then a demand, and finally, after a positive court decision, a notice of eviction.

Grounds for eviction

By law, every citizen of the Russian Federation has the right to housing, but sometimes residents lose this right due to some circumstances. Sometimes a tenant can change these circumstances (in the case when he violated any rules of the hostel, but after a warning about eviction he stopped doing so), but often such a happy way out of the current situation is impossible and the tenant faces eviction.

What reasons can lead to eviction:

Long delays in payment of utility bills or rent for residential premises.
Use of residential premises for purposes other than their intended purpose.
Recognition of a property as unsuitable for habitation or in disrepair.
Carrying out major repairs in the building in which the rented residential premises are located.
Transfer of an apartment to another owner (in accordance with a purchase and sale agreement, gift, or the entry of a new apartment owner into an inheritance).
Other legitimate reasons.

Any owner should keep in mind that it is impossible to simply evict a tenant from a residential premises without reason. You always need valid reasons for eviction, otherwise the court will not satisfy the plaintiff's demands.

Notice, demand, warning - what are their differences?

Even from the names themselves it becomes clear that these are three different documents. Therefore, before you begin to compile any of them, you should understand what purpose each of them serves and what it represents from a legal point of view.

Warning

If a tenant behaves inappropriately or violates the terms of the lease agreement, the owner of the residential premises must warn the tenant that his behavior is unacceptable. For example, if a tenant has committed any violations of a technical nature (changed communications, moved a partition, etc.), the owner of the apartment sends the tenant an initial pre-trial claim - a warning, where he invites the violator to eliminate everything at his own expense.

Usually, the owner of the residential premises gives a certain period of time to correct the violations committed by the tenant. And only if the tenant ignores the warning, the owner of the residential premises can proceed to the next stage of pre-trial resolution of the dispute - sending the tenant a demand for eviction.

For example, citizen Ivanov rented out his apartment to citizen Petrov. For the first six months, the tenant behaved calmly, but then the neighbors began to complain to the owner about the constant noise in the apartment, music was playing loudly at night, screams and the noise of a fight were constantly heard from the living room.

Ivanov sent his tenant a warning about the inadmissibility of such behavior and a demand to stop disturbing the peace of the neighbors. Otherwise, he reserved the right to forcibly evict the troubled tenant through the court.

Petrov heeded the warning and stopped gathering noisy groups in the apartment, thereby saving himself from the need to look for other housing, and his neighbors from the need to complain to the owner of the apartment. This was the end of the incident.

Requirement

But tenants do not always take into account the warning from the owner of the premises. Or another reason for eviction occurs, for example, the expiration of the rental agreement or the owner of the apartment decides to sell it. In this case, the owner of the residential premises informs the residents that they must leave the premises and gives them a certain period of time to find new housing.

For example, the owner of a two-room apartment rented it out, but a year later he urgently needed money and decided to sell the property. He sent a registered letter to the tenants demanding that they leave the premises within a month in connection with its sale.

The tenants were unable to find suitable housing within a month and turned to the owner with a request to postpone the eviction for another month. Since the buyer agreed to postpone the eviction of the residents, having entered into their difficult situation, the seller also did not object and allowed the residents to stay in the apartment for another month.

Notification

The notice is given to the tenant after the court decision has been made and it has entered into legal force. It must contain the reasons for the eviction and a reference to the court decision that has entered into force. It is impossible to challenge the notice, as well as to extend the eviction period specified in the notice. If the tenants ignore the notice, the owner of the residential premises may apply to the SSP for forced eviction.

For example, citizen Khovansky entered into a residential lease agreement with the owner of a country house, Nikitin, for a period of one year. But neither a year later, nor after another three months after the expiration of the contract, he did not intend to move out, and Nikitin did not intend to renew the lease.

The owner sent the tenant a demand to evict and set a deadline for vacating the house - within one month from the date of receipt of the document. Khovansky ignored the demand. Then Nikitin filed a lawsuit for eviction and won the legal dispute. After receiving the court's decision, he sent the defendant a notice to evict from the country house within five days.

Khovansky ignored this notice too. The plaintiff was forced to apply for the opening of enforcement proceedings to the SSP. The offender was forcibly evicted with the help of bailiffs and police.

Form

The forms for notification of residence under a temporary permit or residence permit are no different.

An application for notification of the fact of residence and a sample form can be downloaded here. On this portal you can also find samples of filling out applications for confirmation of residence.

The notification is a form with a main part and a detachable part. The right side of the form is filled out by a foreign citizen. After filling it out, it remains with the employee of the territorial department for migration issues. The detachable part is given directly to the foreigner to confirm the submission of a notification upon the fact of residence.

Sample of filling out a document to confirm the fact of residence of a foreign national in the territory of the Russian Federation:

First point:

The first line contains the person's personal information.
Next you should enter the name of the notification agency.
Then the residential address is indicated.

Second point:

You should enter information about employment: date of admission, address of the organization, position held, etc.
An example of filling out a notice of confirmation of residence for a temporary residence permit

Third point:

The data of a citizen regarding travel outside Russia who has a temporary residence permit or residence permit is filled in. You must indicate the country of departure and period of stay.

The detachable part is filled in by the migration service.

Samples of notices, requirements, warnings about eviction from an apartment

Before embarking on a legal battle to evict unwanted tenants, the owner of the premises must try a pre-trial method of solving the problem, in other words, try to solve the problem peacefully. This will save both the apartment owner and his tenant from unnecessary moral and material costs. Moreover, if peaceful options are not used, the court may not accept the claim for eviction.

The first way to resolve the problem outside of court is to issue an eviction notice . this document does not contain requirements to leave the residential premises immediately; rather, it is a requirement to eliminate violations. It should contain the following information:

personal data of the tenant;
the grounds on which the owner owns the residential premises;
on what basis the tenant used the property (lease agreement, etc.);
expiration date of legal grounds for use of this apartment;
conditions under which the owner of the residential premises agrees to allow its further use by the tenant;
the date by which the owner offers the tenant to vacate the property;
an indication that the owner reserves the right to take legal action if the tenant does not comply with the requirements;
date and signature of the owner of the residential premises.

Sample notice of eviction from a residential premises

The next document stating that the tenant’s further stay in the owner’s apartment is undesirable is a demand for eviction . The legislation does not determine the form of such a requirement, so it is drawn up in any form. The structure of the requirement is approximately the same as the warning; the document must contain the following information:

to whom the eviction request is addressed;
a message that you are the owner of the residential premises and the reasons for which you own the apartment;
direct requirement to vacate living space;
the period by which the tenant must move out of the occupied area;
reason for eviction;
intentions to file a claim for eviction in court in case of failure to comply with the requirement;
date and signature.

Sample request to vacate residential premises

Another document that the owner must send to the negligent tenant, but only if the court decision comes into force, is an eviction notice . To draw up a notification, you must fill out a standard form.

It must be remembered that sending such a document is mandatory; if the owner begins forced eviction without prior notice to the tenants, the latter can appeal the actions of the landlord in court.

Such a notice, unlike a warning or requirement, must be in writing, drawn up on A4 paper and filled out in strict accordance with the form.

In the upper right corner of the document, fill in the personal information of the defendant and his address.
Next in the center is the title of the document (“Notice of eviction from residential premises”).
Then follows a text in which the owner indicates the address of the apartment from which the defendant must move and the reason why he must leave the premises (court decision on eviction, which court issued it, number and date of the decision, as well as the date it entered into legal force).
Next is the period during which the defendant must leave the premises.
Mandatory completion is the text in which the owner informs the defendant that in case of disobedience to the court verdict, forced eviction measures will be applied to him.
The last paragraph must contain information about the owner of the property.
Date, signature of the owner of the apartment and transcript of the signature.

Lawyers recommend including in the document accurate information about the disputed residential premises. In addition to the address itself, it is advisable to indicate the entrance number, the floor on which the apartment is located, its technical characteristics, and other information about the living space. This will avoid misunderstandings and prevent the tenant from using any inaccuracy to delay the procedure.

Sample eviction notice

How to write a notification correctly, its sample

Another document of an advisory nature is a notice of eviction from a residential premises. Most often, it is this that is sent to the illegal tenant after receiving a court decision. To all the information specified in the demand and warning, an indication of the decision of the judicial authority is also added, with a copy of it attached to the notification.

How to convey a notice, warning, demand

Drafting a warning, demand and notice is not difficult in itself. It is more difficult to transfer the document to the residents in such a way that they will not be able to claim in court that they did not receive anything. There are several ways to do this.

This method is most often used if the disputed apartment is located in another city. The owner of the apartment comes to the post office, draws up the text of the document and certifies a copy of the telegram, sending it with notification of receipt.

Thus, the owner notifies the tenant, receiving written evidence for a possible trial (a certified copy of the document).

Ordered letter

Must be sent by mail with a mandatory return receipt and a description of the contents. The inventory is compiled by the postal employee (in two copies) who receives and issues the registered letter. One copy of the inventory is delivered along with the letter to the tenant, the other remains with the owner of the residential premises.

Thus, the apartment owner remains in possession of evidence for a possible trial: a copy of the document itself, a copy of the list of attachments, a receipt for payment of postage and a notification of delivery of the letter.

Personal delivery of the document

In this case, the owner must prepare two identical copies of the document. On one of them the tenant will have to write his personal information and sign.

You need to be prepared for the fact that the tenant will refuse to receive the document and, moreover, to sign for its receipt, so it is advisable to first take care of two witnesses.

If, in the presence of witnesses, the tenant refuses to receive the paper, they record the refusal to receive it on the second copy, fill in their passport information and sign.

Thus, the owner is left with evidence for a possible trial - a second copy of the warning, demand or notice with notes from two witnesses that the first copy of the document was handed over to the defendant.

Drawing up and transmitting a warning, demand or notification to the tenant is a troublesome and quite complicated procedure. If you do not have special legal knowledge, you can easily make a mistake, violate the procedure, or perform some actions not in the order required by law. All this will delay the eviction.

You should not rely on your understanding of the situation, on tips from neighbors and friends, unless, of course, they are lawyers on housing issues. Drawing up a document together with a competent lawyer will significantly increase your chances of a positive outcome in the litigation.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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Legal assistance

Drawing up and sending a notice is a rather troublesome procedure. Without legal knowledge, it is easy to make mistakes and completely delay the eviction of a tenant. It is important to understand that a universal notification form simply does not exist. Before filling out a notice to vacate the premises, you need to understand the nuances of the situation.

Do not rely only on your knowledge, because today you can take advantage of free legal advice.
The lawyers of our portal will study your problem and try to help within the framework of the law. The chances of correctly drafting a notice together with a lawyer are many times higher than doing it on your own. Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
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