If the tenant has not paid for more than two months in a row, then the lessor has the right to demand from him not only the payment of the debt, but also, in accordance with the provisions of Article 619 of the Civil Code of the Russian Federation, go to court with a demand to terminate the lease agreement and return the leased property.
Instructions
Step 1
To get started, write a claim to the tenant on your organization's letterhead. If the contract provides for the indispensable observance of the pre-trial claim procedure for resolving disputes, filing a claim with the tenant is mandatory. When filing a statement of claim, you will need to provide the court with information about the measures taken to resolve the dispute pre-trial. Otherwise, the court may leave your claim without consideration.
Step 2
In the claim, state your requirements for collecting funds. Support your case by referring to specific lease clauses and legal provisions. If a specific deadline for responding to a claim is not provided for by the terms of the contract, set the tenant a period during which he can voluntarily pay off the payment arrears. Send your claim by registered mail with acknowledgment of receipt to the registration address and the address of the actual location of the debtor legal entity. The notice that the claim has been delivered to the tenant on the mailing notice will serve as a starting point for the voluntary satisfaction of your claim
Step 3
After the expiration of the time limit for the voluntary fulfillment of your claim and the renter leaves your claim without attention, apply to the arbitration court with a statement of claim. The text of the statement of claim will not differ much from the text of the previously sent claim, the design of the document will slightly change. To correctly draw up a statement of claim, read the requirements for its form, content and set of attached documents set out in Articles 125 and 126 of the Arbitration Procedure Code of the Russian Federation (https://www.consultant.ru/popular/apkrf/9_16.html#p1366) …
Step 4
Send the second copy of the statement of claim and the set of attached documents by registered mail with notification to the defendant (tenant). Attach the shipping receipt to the copy of the statement of claim submitted to the court.
Step 5
If everything is in order with the documents, the court will be on your side. After the entry into force of the court decision, you will receive a writ of execution. You can present it for collection directly to the bank in which the account is opened with the defendant (check in the accounting department - from which current account the funds were previously received from the tenant). If settlements under the agreement have not been made, please specify the account number and the name of the lessee's bank in the section of the lease agreement “Requisites of the parties”. In the absence of information about the current accounts opened with the defendant in credit institutions, the writ of execution can be transferred, as a general rule, to the work of the bailiff service.
