Complaint for eviction from residential premises: sample

Termination of the right to use residential premises means the eviction of a person from the area he occupies. Most often, the resettlement procedure is initiated through the court. After completion of the trial, the tenant is notified to vacate the premises. There is also a warning to the tenant and a requirement to vacate the living space. What to do if the tenant ignores all letters? Feel free to file a claim for eviction from the apartment.



It's time to talk about the rules for drawing up and submitting a notice. Let's begin our consideration with the grounds for evicting a tenant.

Notice, demand, warning - difference

Even from the names it is clear that the concepts differ from each other. Therefore, before drawing up an official document, you need to understand what it is and what purpose it serves.

Legal side of the differences:

  • Warning

The owner's initial pre-trial claim is expressed in a warning to the tenant about unacceptable behavior. For example, if these are violations of a technical nature, the owner of the apartment demands their elimination at the expense of the tenant himself. A certain period of time is given for correction. Ignoring the warning leads to the next stage - filing a claim in court.

There are two types of requirements: notification and compulsory. The first case is standard: the owner of the property informs the tenants so that they leave the premises. The reasons may be the sale of the apartment or the expiration of the lease agreement (Article 684 of the Civil Code of the Russian Federation). Naturally, residents are given a period of time to pack their belongings and find new housing.

The requirement of a coercive nature is more persistent. The owner of the residential premises sets strict conditions: eliminate the violation or leave the occupied living space. This is usually enough to make the offender think about his behavior. But it also happens that you cannot do without a trial.

Delivered to the tenant after a court decision has been made. The notice contains the reasons for the relocation and a link to the court order. The deadline for eviction is final and cannot be changed. If the tenant does not move out within the specified time, the landlord has the right to contact the bailiffs or the police.

Options for resolving the eviction problem

Not all residents are persistent and do not want to leave the premises. For most, receiving a notice that sets out requirements to leave the premises is sufficient. If necessary, they can be argued by citing facts and evidence of violation of the rules of residence or making regular payments.

Pre-trial settlement of the eviction problem is mandatory for municipal premises that are provided on social rental terms. In other cases, the requirement may be of a notification nature. Having such a document will be useful if the resident does not want to leave the premises and has to go to court.

Demands to leave residential premises should be particularly carefully argued in cases of violation of the rules of residence or violation of the rights of neighbors in an apartment building (apartment building). The debate about what is normal varies among different people. Even violation of the silence regime in the evening and at night, as well as on weekends and holidays, is interpreted by many solely based on their own interests. The same applies to the rules for keeping animals, smoking in common areas of apartment building owners, and using apartments for purposes not intended for living.

In such cases, the presentation of the demand must be preceded by documents (acts) recording a specific violation, preferably certified by witnesses or officials of the police, housing and communal services.

How to correctly write a notice to evict a residential premises

The notification is not given orally - the notification must be strictly in writing. Only in this case can the document be regarded as official. The notice is drawn up on an A4 sheet, and if the owner is an organization, on the official letterhead of a legal entity with a seal.

How to fill out the notification correctly:

  1. The upper right corner is the citizen’s full name and residential address.
  2. In the center of the sheet is the title of the document (“... about eviction from a residential premises”).
  3. Text of the document - first indicates the address from where the person is being evicted; further, the reason for such a decision follows (for example, in connection with a court decision on eviction - the number of the decision, who issued it and when, the date it entered into legal force).
  4. Notice of deadlines – the period allotted to a citizen for relocation from an apartment or private house. In addition, information is brought to the attention of the application of forced eviction measures in case of disobedience to the court decision.
  5. Information about the owner – individual or legal entity.
  6. Signature and decryption of the signature.
  7. Act of receipt of notice - space for number, date and signature.

Rules for preparing a claim

If the residential premises are private property or are pledged, there are no particular difficulties in filing a claim. Evidence of violation, as a rule, is in the hands of the owner or mortgagee:

  • text of the agreement;
  • accounting documents, from which it follows that payment was made untimely.

The situation is different if it is necessary to evict from the premises provided under a social tenancy agreement. This form of housing use is inherited from past times - when the state, municipal authorities or enterprises had ownership rights.

The principle of social security dominated over the interests of owners. Echoes of the policy pursued are preserved in the Housing Code of the Russian Federation, in which several articles are devoted to eviction from such premises (Articles 35, 79, 84, 85, 90, 91 of the Housing Code of the Russian Federation). The main condition is judicial procedure, in contrast to the eviction of citizens occupying apartments (houses) on the basis of civil contracts (sublease, lease, mortgage). If eviction is to be carried out using a judicial procedure, it is necessary to attach facts to the statement of claim indicating the legality of the measure used.

Sample notice, requirement, warning about eviction from an apartment

In order to draw up a notice (demand, warning), you need to fill out a standard form. Please note that situations may vary. It is not a fact that your case falls under a special case. It is likely that a special form of notification (demands, warnings) will be needed. This is best explained by a lawyer, whose advice you can get directly on our website.

The notification is drawn up according to the sample. It's another matter if you need to write a requirement or warning. These documents do not have special forms. But their compilation is also subject to certain rules.

How to correctly draw up a demand for eviction from an apartment:

  • top line – to whom the request is addressed;
  • a message that you are the legal owner of the apartment at ____ address;
  • requirement to vacate the living space along with things;
  • deadline for eviction from an apartment or residential premises;
  • an indication of the reason for the tenant's evacuation;
  • intention to go to court in case of non-fulfillment of the requirement;
  • date and signature.

A notice to evict an apartment may not contain any requirements to leave the living space immediately. This is rather a notice of the need to eliminate violations. The warning is drawn up by analogy with the requirement. The only difference is in the reasons and conditions. The owner must indicate what he considers a violation and oblige the tenant to eliminate the consequences within the allotted time.

This is important to know: How to file a claim to confirm ownership

What to do after receiving?

Receiving an eviction notice is not a death sentence. If you receive this paper, you must eliminate the reasons that provoked the owner to draw it up, and in the future comply with the living conditions that were agreed upon with the owner of the property.

Upon receipt of a claim-demand, it is also recommended to fulfill everything that the owner of the apartment indicated in it. Often a warning and a complaint have a “sobering” effect on tenants.

If a demand or warning has been sent, it is not recommended to ignore it. Otherwise, legal proceedings are threatened.

Receiving a notification is the last step. All requirements of the document must be fulfilled unconditionally and without extension of deadlines .

Drawing up papers to evict an apartment is a troublesome task, so if in doubt, it is better to turn to specialists for advice and help.

How to send a notification?

It is not difficult to draw up a notice (warning, demand) about eviction. It is much more important to give them to the evicte/violator. There are detailed instructions for this.

Ways to convey a notification (warning, demand) to a citizen:

  1. Postal telegram

It is transmitted online to the person being evicted from the apartment. For example, if the latter lives in another city. The owner must come to the post office, draw up a notice and certify a copy of the telegram (with a return response about receipt). A copy can be received 2-3 days after sending the telegram. Thus, the owner of the apartment personally notifies the tenant, as evidenced by written evidence - a copy of the notice.

  1. Ordered letter

Sent by mail along with a receipt receipt and a list of attachments (done by a postal employee). The completed inventory has two copies - one remains with the sender, and the other is delivered to the recipient. In total, the owner remains with: a copy of the notice (demands, warnings), a copy of the list of investments, a payment receipt and a tracking number. All this serves as evidence of the tenant’s notice of eviction from the apartment.

  1. Delivery in person

Before giving the notice to the person being evicted, you need to prepare an identical copy. On it, the recipient writes his full name and signs receipt. Be prepared for the fact that the tenant simply refuses to receive the notice. For such cases, there are separate instructions: come to the delivery of the notice with a couple of witnesses. Neighbors or relatives are perfect, always with passports. Having heard about the tenant’s refusal, witnesses record on the second copy of the notice the fact of the evicted person’s refusal. Next, they will need to confirm their records at a court hearing (if the eviction order has not yet been rendered).

Many people ask the question, what is the best way to serve a notice to evict a tenant? The best option is by registered mail . You will know for sure whether the person being evicted received the notice or refused to receive it. The most important thing is to have copies of all documents sent. Don’t forget to prepare the remaining documents for checkout from the apartment—read which ones exactly on our website.

Pre-trial settlement of the issue

So, the main problem that the owner of the premises may face is the refusal of tenants to voluntarily evict. The only way to force it is through the courts. That is, a statement of claim has to be prepared. Then the place of the notice of eviction from the apartment is not clear.

This document fulfills the purpose of the claim. Before going to court, it is recommended to follow the claim procedure for resolving a dispute, within the framework of which :

  1. The grounds for eviction are documented.
  2. Using these materials, a claim-notification is prepared and sent.
  3. Correspondence, negotiations and additional recording of the grounds for the tenant's discharge are carried out.

The court is reluctant to accommodate the plaintiff, who demands to deprive the defendant of the right to reside in any premises. A compelling and carefully documented basis must be provided for the applicant's claims to be granted.

During negotiations and correspondence, it must be indicated that in the event of a judicial review of the dispute, the defendant will incur additional financial costs. This encourages the tenant to voluntarily move out of the premises. Therefore, the document is not only formal in nature, fulfilling the purpose of the claim. With its help, you can resolve a dispute without bringing it to court.

Preparation and submission of a claim

Preparation includes the collection of factual materials on the basis of which a claim is drawn up and submitted. In some cases, the process is simplified by the fact that the documents are already in hand, namely:

  • If utility bills are not paid for six months, unpaid bills will be issued;
  • In case of late payments on a mortgage - an agreement, a notice of late payments;
  • Upon expiration of the rental agreement, a copy of the agreement;
  • In case of deprivation of parental rights of a minor child who lives in the premises - a corresponding court decision.

If the building has changed its purpose, is converted into non-residential use, or is considered unsafe, an appropriate decision from the city authorities is required.

All these documents are already ready and are in the hands of interested parties. It is enough to make copies of them and attach them to the notification. It is more difficult with other evidence base, which is not so easy to collect. These include :

  1. Acts on the bay, protocols on administrative violations, etc. – in case of systematic violation of the rights and interests of other residents of the house.
  2. Acts drawn up by the management company, protocol of administrative violation, testimony of neighbors, etc. – when using residential real estate for other purposes.
  3. Response to a request from the migration service, from the place of work - when changing the place of residence, if the employer occupied housing under a social tenancy agreement.

systematic, comprehensive actions are required from stakeholders over a long (relatively) period of time. Not everyone has the patience; such people are advised to seek help from lawyers or a detective agency. The claim can be delivered in person against signature, or sent by post - a recommended letter with a list of the contents and a receipt.

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.

  • Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
  • All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

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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:

  1. Long delays in payment of utility bills or rent for residential premises.
  2. Use of residential premises for purposes other than their intended purpose.
  3. Recognition of a property as unsuitable for habitation or in disrepair.
  4. Carrying out major repairs in the building in which the rented residential premises are located.
  5. 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).
  6. Other legitimate reasons.

Eviction of the tenant from the occupied premises by bailiffs

  1. Obtaining a writ of execution and initiating enforcement proceedings. The grounds for eviction by bailiffs are regulated by Art. 107 Federal Law No. 229 “On Enforcement Proceedings”.
  2. Forced eviction procedure.

Notification

In accordance with Art. 24 Federal Law No. 229, the defendant receives a notice of the initiation of enforcement proceedings against him. He is obliged to familiarize himself with the specified notice and sign.

After the notification is received, the defendant is obliged to voluntarily leave the residential premises within the period established by the court decision.

If the defendant continues to live, the bailiff sends a warning, which sets a new deadline for eviction, and also issues a resolution to collect an enforcement fee in the amount of 5 thousand rubles (since the claim was non-property).

Drawing up an eviction act

Forced eviction is carried out with the participation of witnesses, the claimant (plaintiff) and the person subject to eviction. The bailiff draws up an eviction act containing the following information :

  • information about the performer and enforcement proceedings;
  • data of the parties to the proceedings and witnesses;
  • address of the living space from which eviction is taking place;
  • inventory of property and signatures of witnesses;
  • signatures of the debtor and the claimant.

In the event that the person to whom eviction measures are applied refuses to sign the act, the bailiff draws up an additional document recording this fact.

Deadlines

The law establishes 2 types of deadlines for the eviction procedure:

  • the one established by a court decision (applies if the defendant-debtor voluntarily leaves the living space);
  • 2 calendar months established by enforcement proceedings (Article 36 of Federal Law No. 229).

Appeals against actions

If decisions are made by the bailiff, or if his actions or inactions seem unlawful to the parties to the proceedings, they have the right to appeal them. This procedure is carried out according to the rules established by Chapter 17 of Federal Law No. 229 and PPVS No. 50 “On consideration of issues during enforcement proceedings.”

The parties have 10 days from the moment the bailiff commits illegal actions to file a complaint:

  • the senior bailiff, under whose subordination the employee is, the bailiff of a constituent entity of the Russian Federation on the actions of the senior bailiff, etc. in order of subordination;
  • to a court of general jurisdiction (it is advisable to file in the one to which the eviction claim was filed).

The complaint must indicate:

  1. information about the bailiff (full name, position);
  2. actions or decisions that are being appealed;
  3. information about the person filing the complaint;
  4. grounds and requirements.

The complaint is reviewed within 10 days.

Eviction of a person is a rather long process, despite the legal deadlines established by law. Even after receiving a court decision, it is sometimes difficult to force a person to leave the premises , and then bailiffs intervene in the process.

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.

This is important to know: Recognition of ownership of ownerless real estate

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.

Algorithm for further actions

If the person refuses the requirements specified in the notification, it is necessary:

  1. Draw up and file a claim in court.
  2. Defend your position in court and get a positive decision.
  3. Require the defendant to vacate the premises within 7 days after the decision has entered into force.

But even after this, the housing may remain occupied. Then you need to contact the bailiffs . They are engaged in forced evictions. If the defendant refuses their request to move, police officers are called in and use force. The homeowner is required to submit an application to the territorial body of the Social Insurance Fund.

Let's find out how a statement of claim for eviction and deregistration is drawn up by reading a special article prepared by the editors of our website.

Arbitrage practice

A resident of the city of Kolomna contacted a law firm because he could not evict a tenant from his own apartment. The latter is a stranger to him, registered on the basis of a residential lease agreement. However, there were regular complaints from neighbors about the tenant's violation of public order.

During the investigation, it was established that the tenant was using the apartment for other purposes and was subletting it on a daily basis, which is prohibited by the terms of the contract. During two weeks of work, facts of settlement of unauthorized persons on a paid basis were documented, and the drawing up of two protocols of administrative violations was initiated. In addition, witness statements were collected.

All evidence is presented in a notice to the person, he is told the prospects of financial losses in the event of a judicial review of the dispute. The tenant complied with the terms of the claim, moved out voluntarily, and compensated the owner for legal costs.

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

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.

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.

  1. In the upper right corner of the document, fill in the personal information of the defendant and his address.
  2. Next in the center is the title of the document (“Notice of eviction from residential premises”).
  3. 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).
  4. Next is the period during which the defendant must leave the premises.
  5. 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.
  6. The last paragraph must contain information about the owner of the property.
  7. Date, signature of the owner of the apartment and transcript of the signature.

When is it necessary to send a document?

You can’t just evict a person from an apartment. This requires compelling reasons. The reason for eviction may be the following situation:

  • failure to make rental payments under the agreement;
  • use of living space other than for its intended purpose (for example, equipment in a warehouse apartment);
  • the residential property is in disrepair;
  • the house is planned to undergo major renovations in the near future;
  • transfer of property rights to another person;
  • changing the purpose of the premises;
  • other reasons.

However, one unfounded reason is not enough. The existence of a reason must be proven. Any documents related to the case can be used as evidence. For example, this could be an order from the administration, written complaints from neighbors, etc.

But even in cases where eviction is justified, the tenant must be given notice of the impending eviction. Evicting a person without a properly issued notice is arbitrary. Such actions will be challenged in court, even if the eviction was carried out directly by the owner of the apartment.

The most common reasons for eviction are: non-payment of housing and communal services, lack of payments for mortgage housing and violation of the terms of the agreement with the owner of the premises. Let's take a closer look at them.

Non-payment of utilities

If we are talking about a privatized apartment, then it is worth saying right away that eviction of the owner is almost impossible. Debts for utilities are not a reason for losing living space.

In this case, the notification sent will be in the nature of a demand for payment of the resulting debt. In this case, the text must contain the amount of debt and details for transfer.

It's another matter when the apartment is municipal. Failure to pay utility bills is a direct violation of the terms of the social tenancy agreement. Accordingly, the tenant will most likely be evicted into worse conditions. The exception is the presence of minor children. In any case, the tenant must receive an eviction notice. Otherwise it will be illegal.

Mortgage loan arrears

An apartment purchased under a mortgage agreement serves as security for loan repayment. It is registered as collateral when receiving a loan. Accordingly, no legal actions in relation to such real estate are possible without the consent of the mortgagee, that is, the bank.

Despite the fact that according to the documents the borrower is the owner, his property rights are largely limited. The encumbrance is removed only after the debt is paid.

Late monthly loan payments are grounds for eviction of residents. The bank will provide the option of reimbursement in installments. However, if this measure does not achieve the desired result, the defaulter will be sent a claim or demand for payment, followed by an eviction notice.

If the terms of the agreement provide for the possibility of alienation of the apartment and eviction in case of late payment, then the bank has the right to exercise this right without the intervention of judicial authorities. This is provided for in Art. 55 Federal Law No. 102 “On Mortgage”.

Violation of contract terms

The owner of the residential premises or the creditor has the right to prescribe the terms of the contract that are beneficial only to them. If these conditions are violated, the tenant may be evicted.

The most common violations:

  • late payment of rent - 2 months for a short-term contract, six months for a long-term one;
  • late monthly mortgage payment – ​​it is possible to send a notice as early as the second month;
  • damage to property or premises;
  • refusal to provide access to the apartment to municipal service employees;
  • violation of sanitary standards;
  • unauthorized redevelopment of the apartment;
  • subletting premises, etc.

In all of the above cases, a notice, demand or warning is sent to the tenant.

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.

Telegram

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.

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.

This is important to know: Application for the provision of land ownership without bidding

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.

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.

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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Confirmation of delivery

We said above that the owner will not be able to go to court without first sending a notice to the tenant. That is, a copy of the eviction notice must be attached to the statement of claim. Moreover, the fact of delivery of this notification must be confirmed.

In order to receive confirmation, we recommend two ways for you to deliver the notice - in person, against signature, or by registered mail with return postal acknowledgment of delivery.

Sending notification by email is also possible. But on the condition that the email address is reliable. It can be considered reliable if it is contained in the text of the lease agreement, as a method of communication with the tenant, or has been otherwise confirmed by the tenant.

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