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If they are kicked out of the apartment ahead of schedule. Tip of the day. What should you do if your landlord wants to evict you before the end of your lease? Check written notice of termination

The owner of a rented apartment suddenly suggested that you pack up and vacate the apartment as soon as possible, although the agreement to rent the apartment was for a longer period? In what cases can the owner not evict the rented apartment before the agreed period of time?

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It all depends on the presence of a lease (hire) agreement or its absence. If rental agreement(lease) is there and drawn up correctly, it will become your weapon in a dispute about the terms of the apartment lease.

Rights of a residential tenant:

  • live in rented premises;
  • file a lawsuit if the owner of the apartment fails to comply.

Responsibilities of the owner of a rented apartment (Article 676):

  • hand over to the tenant vacant residential premises in a condition suitable for habitation;
  • provide or ensure the provision of necessary utilities to the tenant for a fee, ensure repairs of the common property of an apartment building and devices for the provision of utilities located in the residential premises.

No agreement

Eat residential lease agreement was not signed, and you did not take a receipt for the rent paid from the owner of the apartment, alas, all that remains is to move out. Without hiring, you may be kicked out simply because plans have changed or because you overwatered a flower in the apartment you occupied. In this case, it will be difficult to obtain from the court a decision on your residence for the period that was agreed upon when moving into the apartment. There is nothing to document the fact of renting a home and its terms except to provide more witnesses who saw how you handed over the rent to the owner and agreed on living conditions.

If the owner of a rented apartment threatens with court and other punishments, such as the police, feel free to do so. The judge will be on your side unless the landlord can prove that you were the one who violated the lease agreement.

Keep in mind that if the lease term is coming to an end, the landlord must notify you of his refusal to renew it three months in advance. If neither you nor the owner took care of the extension and its validity period is about to expire, a controversial situation arises because if the owner of the apartment did not warn about his intentions, as he should have, from a legal point of view the contract is considered extended (, p. 684) .

  • use by the tenant or other citizens for whose actions he is responsible of the residential premises for other purposes, or their systematic violation of the rights and interests of neighbors.

    • By a court decision, the tenant may be given a period to eliminate the violations that served as the basis for termination of the residential lease agreement. If during this period the tenant does not take all necessary measures, the court, upon repeated application by the landlord, decides to terminate the rental agreement.

    Conflicts often arise between business owners and premises owners, as a result of which the owner may demand to vacate the premises. The culprit in this situation can be either the tenant or the landlord himself.


    If you find yourself in this situation, it is important to remember that regardless of who violated the terms of the contract, the entrepreneur is in a better position and can count on at least a delay in the “eviction” until a court decision is received.


    Leonid Titov, legal consultant at the law firm Alta Via, tells how to behave in such a situation.

    How to protect yourself from eviction?

    Unfortunately, it will not be possible to completely eliminate the possibility of eviction. But a well-drafted lease agreement minimizes the risk of early loss of the right to use the premises. The goal of any treaty should be to develop an adequate system of checks and balances that will limit both parties from abuse.

    It is advisable to clearly state the following terms in the contract:

    • the procedure for changing the rent to reduce the risk of conflict due to disagreement with the amount of payments;
    • the procedure for the exchange of legally significant messages (for example, approval of redevelopment, sublease, and so on), so that in the future the owner or tenant cannot refer to the fact that any notice was received late or not received at all;
    • cases when the owner has the right to unilaterally terminate the lease agreement. It is possible to establish for him an unconditional right to such termination, but at the same time provide for the payment of compensation to the tenant;
    • it is possible to establish a ban on the tenant unilaterally terminating the contract and provide for a penalty for violation of this condition;
    • a reasonable period within which the tenant must leave the premises upon early termination of the contract.

    How to behave to avoid a possible conflict?

    To do this, it is necessary to strictly follow the contractual relationship and comply with the landlord’s requirements for the use of the premises. Agree with the lessor (and if agreement is not provided for in the contract, notify of the intention to perform) certain actions with the subject of the lease, for example:

    • sublease;
    • redevelopment or installation of permanent improvements;
    • changing the decorative appearance of the entrance group;
    • installation of advertising structures on the facade of the building or at the entrance.

    At the same time, in no case should you always follow the landlord’s lead. If the landlord makes demands not provided for in the contract, you must carefully indicate this to him in writing, referring to the lease agreement.

    What to do if the owner has already announced his intention to terminate the lease?

    First of all, the tenant must understand the landlord's motivation. This can be either a reaction to the tenant’s unfair actions (delayed rent, uncoordinated redevelopment, etc.), or the commercial interest of the landlord, for example:

    • receiving a better offer from a third party;
    • bluff aimed at increasing the rent during negotiations;
    • discrepancy between the planned income from renting the premises and the actual situation;
    • a sharp change in the situation in the real estate market and so on.

    In some cases, during negotiations it is possible to achieve more favorable conditions, in others it is better to agree on early termination or increased rental payments. You can always come up with a plan for retreat and start looking for another room to rent. The main thing is not to immediately start a conflict with the landlord and not to take rash actions.

    How to conduct pre-trial negotiations correctly?

    Any lease agreement usually contains the wording: “The parties will try to resolve any conflict situation through negotiations...”. This wording actually obliges the owner and the tenant to comply with the claim procedure for resolving the conflict before going to court. Usually, neither party is interested in litigation, since it is very expensive and often does not achieve the desired result.

    When negotiating, you must clearly define your position. In this case, it is imperative to offer various options to resolve the dispute and obtain the desired result. The goal of negotiations in any case is to avoid litigation and still achieve the intended result.

    In what case is it better to leave the rented premises without additional conflict?

    There are cases when it is better to leave the premises without any questions:

    • the tenant himself violated the lease agreement;
    • the landlord offers favorable compensation for termination of the contract;
    • the tenant has alternative premises for further work;
    • During the negotiations, a compromise was reached; the landlord agrees to fulfill a number of conditions or “forgive” the tenant’s violations.

    How to properly transfer occupied premises to an owner who refuses to accept it?

    Often problems arise when the parties have already agreed on the early return of the premises from the lease, when directly transferring it under the acceptance certificate. When transferring the premises, the tenant must agree with the landlord on the day of transfer and bring the premises into the condition that was agreed upon when concluding the contract.

    If the owner refuses to accept the premises for a reason that the tenant does not agree with, it is necessary:

    • unilaterally sign the transfer and acceptance certificate;
    • try to capture the transfer process on photo or video;
    • Send the keys and the unilaterally signed deed to the landlord by mail to the address specified in the contract.

    These actions will make it possible in the future to prove the timely return of the premises, which will become the basis for not charging additional rent.

    What should I do if the landlord prevents access to the premises, for example, by changing the locks?

    Such situations arise often and, for the most part, have good reasons. If this happens, a trial is most likely inevitable, so you must try to gain access to the premises.

    The procedure depends on the reasons, but in any case it is necessary to prepare a claim containing clear demands and proposals to the landlord, such as:

    • indicate the conditions that must be met by the tenant to regain access to the premises;
    • indicate the possibility of collecting damages/penalties for failure to use the premises for their intended purpose;
    • suggest a way to resolve the conflict.

    Most often, the owner blocks access to the premises due to a gross violation by the tenant of his obligations under the contract. And all cases when the lessor has the right to do this must be indicated in the contract. If it does not contain such conditions, then the landlord’s actions are illegal and can be challenged.

    How to prepare for a lawsuit with the owner?

    If during the negotiations it was not possible to reach an understanding, in case of a lawsuit, you need to collect documents proving the tenant’s compliance with the terms of the agreement.

    It usually looks something like this:

    • documents confirming the approval of certain actions with the premises;
    • documents confirming timely payment (if there was a debt at the time of the conflict, it is recommended to pay it off);
    • documents containing information about pre-trial negotiations (claims, notifications, etc.);
    • documents confirming attempts to return the occupied premises to the landlord.

    The most important document for challenging the landlord’s position is a pre-trial examination that confirms or denies the controversial issues. These documents confirm the tenant’s good faith intentions and allow the court to prove his interest in resolving the conflict.

    If I suffer losses as a result of the owner’s actions, can I prove this and receive compensation?

    Yes, it's possible. To do this, it is necessary to clearly state in the contract in which cases the tenant has the right to compensation for losses. In addition, it is possible to establish a limit on the amount of losses that the lessor is obliged to compensate in certain cases.

    If the contract does not contain such conditions, it is quite difficult to prove the amount of damages. But to have a chance for a positive outcome, it is necessary to record in detail all losses incurred, both real and lost profits.

    Alexander, You can evict and terminate the contract only through the court.

    Therefore, if the owner comes with a local policeman, then show him the contract, then he will also leave. No one has the right to forcibly evict you!

    Article 675 of the Civil Code of the Russian Federation. Preservation of a residential lease agreement upon transfer of ownership of residential premises

    The transfer of ownership of residential premises occupied under a lease agreement does not entail the termination or modification of the residential premises lease agreement. In this case, the new owner becomes a lessor under the terms of the previously concluded rental agreement.

    Article 684 of the Civil Code of the Russian Federation. Preemptive right of the tenant to conclude a contract for a new term

    Upon expiration of the residential lease agreement, the tenant has a pre-emptive right to conclude a residential lease agreement for a new term.

    No later than three months before the expiration of the residential lease agreement, the landlord must offer the tenant to conclude an agreement on the same or different terms or warn the tenant about the refusal to renew the contract due to the decision not to rent out the residential premises for at least a year. If the landlord has not fulfilled this obligation and the tenant has not refused to extend the contract, the contract is considered extended under the same conditions and for the same period.

    When agreeing on the terms of the contract, the tenant does not have the right to demand an increase in the number of persons permanently residing with him under the residential lease agreement.

    If the landlord refused to extend the contract due to the decision not to rent out the premises, but within a year from the date of expiration of the contract with the tenant entered into a rental contract for residential premises with another person, the tenant has the right to demand recognition of such an agreement as invalid and (or) compensation for losses caused refusal to renew the contract with him.

    1. The tenant of a residential premises has the right, with the consent of other citizens permanently residing with him, to terminate the rental agreement at any time with a written warning to the landlord three months in advance.

    2. A residential lease agreement may be terminated in court at the request of the landlord in the following cases:

    failure by the tenant to pay for the residential premises for six months, unless a longer period is established by the contract, and in case of short-term rental, in case of failure to pay the payment more than twice after the expiration of the payment period established by the contract;

    destruction or damage to residential premises by the tenant or other citizens for whose actions he is responsible.

    By a court decision, the tenant may be given a period of no more than a year to eliminate the violations that served as the basis for terminating the rental agreement. If, within the period determined by the court, the tenant does not eliminate the violations or does not take all necessary measures to eliminate them, the court, upon repeated application by the landlord, makes a decision to terminate the rental agreement. In this case, at the request of the employer, the court in the decision to terminate the contract may postpone the execution of the decision for a period of no more than a year.

    3. A residential lease agreement may be terminated in court at the request of any of the parties to the agreement:

    ConsultantPlus: note.

    Decree of the Government of the Russian Federation dated January 28, 2006 N 47 approved the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction.

    if the premises cease to be suitable for permanent residence, as well as in the event of an emergency;

    in other cases provided for by housing legislation.

    4. If the tenant of a residential premises or other citizens for whose actions he is responsible use the residential premises for other purposes or systematically violate the rights and interests of neighbors, the landlord may warn the tenant about the need to eliminate the violation.

    If the tenant or other citizens for whose actions he is responsible continue to use the residential premises for other purposes after warning or violate the rights and interests of neighbors, the landlord has the right to terminate the rental agreement in court. In this case, the rules provided for in paragraph four of paragraph 2 of this article apply.

    Will evict, through the court - defend your interests, the law is on your side.