The eviction of the debtor from the apartment due to arrears in rent and utility bills occurs by terminating the lease contract in court. The eviction mechanism differs depending on the right on the basis of which the defaulter owns the apartment. Eviction due to debt is a shaky basis, because at any time (before a court decision is made) the debtor can pay part of the debt. Eviction courts are usually loyal to debtors. To evict the debtor:
Instructions
Step 1
If the dwelling is provided under a social tenancy agreement. Warn
the debtor about the need to pay off the debt, set a time limit for
voluntary fulfillment of the obligation to make payments. In case of non-payment
collect the documents, namely: the employment contract; documents confirming the existence and amount of debt. Prepare a calculation with which it is desirable to familiarize yourself with the signature of the employer (in order to avoid disputes about the amount and period of debt). It must specify the period for which the amount has been accumulated. If it is more than six months, you have the right to file a claim for eviction without providing other accommodation. Get a copy of your personal account, documents about the employer, family composition - an apartment card. Pay the state fee. Prepare a statement of claim for debt collection and termination of the lease, contact the federal district court. Get a court order for debt collection and eviction.
Such a decision will be the basis for removing the debtor from registration.
Step 2
If the dwelling is in use under a commercial lease agreement. Relationships are governed by contract and civil law. Proceed in the same way as in the first case, however, normative references must be made to the civil code and the contract. The peculiarity of the termination of such an agreement is that the court has the right to grant an adjournment to the debtor to eliminate violations for up to one year. In this case, you will need to go to court again for eviction.
Step 3
If the dwelling is owned by the debtor. It is extremely difficult to deprive the property of an apartment. Debt cannot serve as a basis for eviction. However, the bailiff has the right to foreclose on the apartment for the owner's debts to creditors and to forcibly vacate the apartment. The state guarantees to persons, on whose only housing a claim is levied, the provision of residential premises from the mobile fund until the completion of settlements with the debtor. The utility provider is required to go to court only to collect the debt.
