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如何迫使租户搬出去?

租赁法规定了租户和业主的权利和责任。它涵盖了与签订租赁合同有关的事项,租金的规定,终止通知期限,对安全居住条件的权利以及其他问题。

然而,当租赁合同到期或被终止时,可能出现无法强制驱逐不合法住户的问题。有时候,即使合同已到期,令人困扰的住户也不愿意搬离住所。警察无能为力,此事可能会在法庭上拖上几个月。

在这种情况下该怎么办呢?如何强制驱逐住户?在法院提起案件一定会解决这个问题吗?这可能需要多长时间?

租赁法规定了租户和业主的权利和责任。它涵盖了与签订租赁合同有关的事项,租金的规定,终止通知期限,对安全居住条件的权利以及其他问题。

然而,当租赁合同到期或被终止时,可能出现无法强制驱逐不合法住户的问题。有时候,即使合同已到期,令人困扰的住户也不愿意搬离住所。警察无能为力,此事可能会在法庭上拖上几个月。

在这种情况下该怎么办呢?如何强制驱逐住户?在法院提起案件一定会解决这个问题吗?这可能需要多长时间?

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21 answers


K
Awarded
"Heavy topic. From a legal point of view, there is nothing that can be done in this situation except preparing a request for vacating the premises, and if that doesn't work - filing a lawsuit in court and waiting for a positive decision. In practice, there are various ways to try, but I won't list any illegal methods here. The best prevention is the selection of appropriate tenants, which is currently a difficult task."
"Heavy topic. From a legal point of view, there is nothing that can be done in this situation except preparing a request for vacating the premises, and if that doesn't work - filing a lawsuit in court and waiting for a positive decision. In practice, there are various ways to try, but I won't list any illegal methods here. The best prevention is the selection of appropriate tenants, which is currently a difficult task."

Machine translated


6 likes

c
Awarded

Many countries have a mediation system in their legislation. This system tries to reach a compromise between landlord and tenant without going through the lengthy court process. Apart from that, the laws generally focus more on protecting the tenant's rights. For this reason, I think it is the most rational solution to reconcile with the tenant, regardless of the method.

Many countries have a mediation system in their legislation. This system tries to reach a compromise between landlord and tenant without going through the lengthy court process. Apart from that, the laws generally focus more on protecting the tenant's rights. For this reason, I think it is the most rational solution to reconcile with the tenant, regardless of the method.

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4 likes

g
Awarded
To present a proposal that cannot be refused.
To present a proposal that cannot be refused.

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2 likes

Anonymous
One of the final solutions is to take the WINDOWS and DOORS for cleaning.
One of the final solutions is to take the WINDOWS and DOORS for cleaning.

Machine translated


o
Check the rental agreement conditions: Check the content of the rental agreement to determine if it contains specific provisions regarding termination and the procedure associated with ending the rental. This is the basis for legal actions.

Terminate the rental agreement: According to the current law, the landlord usually has to comply with a certain notice period for terminating the rental agreement. The termination should be lawful, and its form and content are specified in the Civil Code.

Report the case to the police: If the tenant does not respond to the termination of the rental agreement and refuses to vacate the premises, report the case to the police. The law allows law enforcement to assist in maintaining public order, but this does not always result in the immediate eviction of the tenant.

Initiate legal proceedings: If the above steps do not yield results, the landlord may decide to initiate legal proceedings. This process may involve filing a lawsuit and then participating in a trial. The court will decide on the possible eviction of the tenant.

Court execution: If the court issues an eviction order, it is possible to seek the assistance of a bailiff who will carry out the court execution and enforce the tenant's eviction from the premises.

Check the rental agreement conditions: Check the content of the rental agreement to determine if it contains specific provisions regarding termination and the procedure associated with ending the rental. This is the basis for legal actions.

Terminate the rental agreement: According to the current law, the landlord usually has to comply with a certain notice period for terminating the rental agreement. The termination should be lawful, and its form and content are specified in the Civil Code.

Report the case to the police: If the tenant does not respond to the termination of the rental agreement and refuses to vacate the premises, report the case to the police. The law allows law enforcement to assist in maintaining public order, but this does not always result in the immediate eviction of the tenant.

Initiate legal proceedings: If the above steps do not yield results, the landlord may decide to initiate legal proceedings. This process may involve filing a lawsuit and then participating in a trial. The court will decide on the possible eviction of the tenant.

Court execution: If the court issues an eviction order, it is possible to seek the assistance of a bailiff who will carry out the court execution and enforce the tenant's eviction from the premises.

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D

If this doesn't work, there's still the option of a lawsuit, but that's time-consuming. My idea is to block the slightly annoying aspects of life in the apartment, like noise, and preferably with other tenants who are quite assertive. Eventually, this person should give up, but we have to be careful not to fall out of the frying pan and into the fire, so it would be best if they were friends of the owner.

If this doesn't work, there's still the option of a lawsuit, but that's time-consuming. My idea is to block the slightly annoying aspects of life in the apartment, like noise, and preferably with other tenants who are quite assertive. Eventually, this person should give up, but we have to be careful not to fall out of the frying pan and into the fire, so it would be best if they were friends of the owner.

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Z

Most of the methods mentioned are so-called wild evictions. This is illegal, violent, and carries the risk of holding the landlord accountable civilly and criminally by the affected tenant, including imprisonment. If you have a standard lease agreement rather than a occasional lease agreement, the provisions primarily protect the rights of the tenant, especially if the unwanted tenant continues to pay rent.

Apparently, the only legal way to get rid of a tenant is to file for eviction and execute it, and such cases can drag on for years.

Nevertheless, I know a method that works and is not illegal. It involves win-win mediation. A bailiff gave me this idea.

You should talk to the tenant, find out why they are reluctant to move out, and meticulously address their needs. This usually involves making such a good offer that they would be an idiot not to take it.

For example, if the tenant has financial problems, you can offer them a loan to help them establish themselves in a new apartment. Yes, it will cost, but it has the following advantages:
- we get rid of the tenant quickly and legally, and the apartment becomes available for another tenant,
- the tenant is also satisfied and can cause problems for someone else or improve their own life,
- we can recover the loan amount and unpaid rent through legal proceedings, just as effectively as evicting the tenant. This will also take time, but during this period, we are free from the unwanted FORMER tenant and can profit from renting the apartment to another person.

The fastest record I know of getting rid of a tenant in this way is within 24 hours from making them the proposal. They packed up and left on their own.

*

PS. Some wild evictions can turn against the landlord:
- the tenant may know the law on tenant rights better than the landlord, and as a result, the landlord will bear civil liability (compensation for material and non-material damages) and criminal liability (offenses such as violating domestic peace, compelling specific behavior, violating bodily integrity, damaging property, theft, or armed robbery)
- the tenant may seek help from non-governmental organizations, which have better knowledge of the laws protecting them than the tenant themselves and will support them in asserting their rights
- landlords who rely on the help of so-called thugs may later face unpleasant consequences such as these friendly gentlemen pursuing imaginary debts AND troubles due to armed robbery, etc.

Most of the methods mentioned are so-called wild evictions. This is illegal, violent, and carries the risk of holding the landlord accountable civilly and criminally by the affected tenant, including imprisonment. If you have a standard lease agreement rather than a occasional lease agreement, the provisions primarily protect the rights of the tenant, especially if the unwanted tenant continues to pay rent.

Apparently, the only legal way to get rid of a tenant is to file for eviction and execute it, and such cases can drag on for years.

Nevertheless, I know a method that works and is not illegal. It involves win-win mediation. A bailiff gave me this idea.

You should talk to the tenant, find out why they are reluctant to move out, and meticulously address their needs. This usually involves making such a good offer that they would be an idiot not to take it.

For example, if the tenant has financial problems, you can offer them a loan to help them establish themselves in a new apartment. Yes, it will cost, but it has the following advantages:
- we get rid of the tenant quickly and legally, and the apartment becomes available for another tenant,
- the tenant is also satisfied and can cause problems for someone else or improve their own life,
- we can recover the loan amount and unpaid rent through legal proceedings, just as effectively as evicting the tenant. This will also take time, but during this period, we are free from the unwanted FORMER tenant and can profit from renting the apartment to another person.

The fastest record I know of getting rid of a tenant in this way is within 24 hours from making them the proposal. They packed up and left on their own.

*

PS. Some wild evictions can turn against the landlord:
- the tenant may know the law on tenant rights better than the landlord, and as a result, the landlord will bear civil liability (compensation for material and non-material damages) and criminal liability (offenses such as violating domestic peace, compelling specific behavior, violating bodily integrity, damaging property, theft, or armed robbery)
- the tenant may seek help from non-governmental organizations, which have better knowledge of the laws protecting them than the tenant themselves and will support them in asserting their rights
- landlords who rely on the help of so-called thugs may later face unpleasant consequences such as these friendly gentlemen pursuing imaginary debts AND troubles due to armed robbery, etc.

Machine translated


E
If, despite a correctly formulated rental agreement, unwanted tenants still reside in our premises, the following actions need to be taken:

1. Enter the apartment by force.

2. Pack their documents, personal belongings, medications, etc.

3. Change the locks.

4. Inform the former tenants that their belongings are available for pick-up outside the door.

5. Wait, in the presence of a witness, for them to collect their belongings.

6. In the event of any attempt at a disturbance, call the police.

7. Upon the arrival of the police, present them with the termination of the agreement, etc. Determine a day on which the individuals can collect the rest of their belongings.

8. In the light of the law, we have not committed a crime.

9. We have the keys to our apartment.

10. We are rid of the tenants.

If, despite a correctly formulated rental agreement, unwanted tenants still reside in our premises, the following actions need to be taken:

1. Enter the apartment by force.

2. Pack their documents, personal belongings, medications, etc.

3. Change the locks.

4. Inform the former tenants that their belongings are available for pick-up outside the door.

5. Wait, in the presence of a witness, for them to collect their belongings.

6. In the event of any attempt at a disturbance, call the police.

7. Upon the arrival of the police, present them with the termination of the agreement, etc. Determine a day on which the individuals can collect the rest of their belongings.

8. In the light of the law, we have not committed a crime.

9. We have the keys to our apartment.

10. We are rid of the tenants.

Machine translated


K
"

Wystawić mu drzwi od mieszkania/domu

" translates to "

Put up the doors of his apartment/house

".
"

Wystawić mu drzwi od mieszkania/domu

" translates to "

Put up the doors of his apartment/house

".

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M
"

Very simple. Remote eviction) in the absence of the tenant, enter the apartment, change the locks and belongings, and expose them outside the building). The only downside is that you have to pay a little for the locks.

"
"

Very simple. Remote eviction) in the absence of the tenant, enter the apartment, change the locks and belongings, and expose them outside the building). The only downside is that you have to pay a little for the locks.

"

Machine translated


O
To force a tenant to move out, there are several steps that can be taken: 1. Check the lease agreement: First, carefully analyze the lease agreement. Make sure the tenant is not violating any provisions of the agreement, which may allow for termination of the lease and eviction. 2. Terminate the lease: If the tenant violates the lease agreement, the lease can be terminated based on the provisions of the Tenants' Rights Protection Act. Make sure you adhere to the required notice period. 3. Attempt to resolve the conflict amicably: Before resorting to legal proceedings, it is worth trying to resolve the conflict with the tenant through mediation or negotiation. If both parties are willing to reach an agreement, it can expedite the eviction process. 4. File a case in court: If the tenant still refuses to move out, it may be necessary to file an eviction application with the court. Keep in mind that the legal procedure may take longer, so it is advisable to seek advice from a lawyer in order to prepare the appropriate documentation. 5. Cooperate with law enforcement authorities: If the tenant poses a threat to your safety or business, it may be necessary to inform the police about the situation. Cooperate with law enforcement authorities and provide them with any necessary evidence. Ultimately, each situation is different and the duration of the eviction process may vary. However, taking the above actions should help in forcing the tenant to move out. It is also important to consult with a lawyer to ensure that all actions taken are in accordance with the applicable tenancy laws.
To force a tenant to move out, there are several steps that can be taken: 1. Check the lease agreement: First, carefully analyze the lease agreement. Make sure the tenant is not violating any provisions of the agreement, which may allow for termination of the lease and eviction. 2. Terminate the lease: If the tenant violates the lease agreement, the lease can be terminated based on the provisions of the Tenants' Rights Protection Act. Make sure you adhere to the required notice period. 3. Attempt to resolve the conflict amicably: Before resorting to legal proceedings, it is worth trying to resolve the conflict with the tenant through mediation or negotiation. If both parties are willing to reach an agreement, it can expedite the eviction process. 4. File a case in court: If the tenant still refuses to move out, it may be necessary to file an eviction application with the court. Keep in mind that the legal procedure may take longer, so it is advisable to seek advice from a lawyer in order to prepare the appropriate documentation. 5. Cooperate with law enforcement authorities: If the tenant poses a threat to your safety or business, it may be necessary to inform the police about the situation. Cooperate with law enforcement authorities and provide them with any necessary evidence. Ultimately, each situation is different and the duration of the eviction process may vary. However, taking the above actions should help in forcing the tenant to move out. It is also important to consult with a lawyer to ensure that all actions taken are in accordance with the applicable tenancy laws.

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M
"In the case of renting an apartment, it is important to prepare a proper agreement. In Polish law, there are two types of residential rental agreements: ordinary and occasional. An ordinary rental agreement provides greater protection for the landlord, while an occasional agreement provides greater protection for the tenant. An occasional rental agreement only applies to private apartments and can only be entered into for a specified period of time, not longer than 10 years, in written form, and reported to the tax office. Regardless of the type of agreement, rental income is subject to taxation. The most important aspects of this agreement are the landlord's statements in the form of a notarized affidavit, in which they submit to execution and commit to vacating the premises, and indicating another place where they would be able to live in case of execution. Additionally, the owner of that place must provide a statement expressing consent for the tenant to reside there. Such an agreement allows the landlord to take advantage of the facilitations provided by the occasional rental regulations, such as a shortened eviction procedure."
"In the case of renting an apartment, it is important to prepare a proper agreement. In Polish law, there are two types of residential rental agreements: ordinary and occasional. An ordinary rental agreement provides greater protection for the landlord, while an occasional agreement provides greater protection for the tenant. An occasional rental agreement only applies to private apartments and can only be entered into for a specified period of time, not longer than 10 years, in written form, and reported to the tax office. Regardless of the type of agreement, rental income is subject to taxation. The most important aspects of this agreement are the landlord's statements in the form of a notarized affidavit, in which they submit to execution and commit to vacating the premises, and indicating another place where they would be able to live in case of execution. Additionally, the owner of that place must provide a statement expressing consent for the tenant to reside there. Such an agreement allows the landlord to take advantage of the facilitations provided by the occasional rental regulations, such as a shortened eviction procedure."

Machine translated


A

How to force a tenant to move out?
- Introduce a new tenant to the property who will lower the comfort of the troublesome tenant.

- The cost of renting a new tenant will be lower than the costs of maintaining the smart aleck.

- You can pre-lease part of the apartment, leaving a room for a future tenant who will pay and also lower the comfort zone of the smart aleck.

How to force a tenant to move out?
- Introduce a new tenant to the property who will lower the comfort of the troublesome tenant.

- The cost of renting a new tenant will be lower than the costs of maintaining the smart aleck.

- You can pre-lease part of the apartment, leaving a room for a future tenant who will pay and also lower the comfort zone of the smart aleck.

Machine translated


K

The best solution is to try to reach an agreement with each other, but if that doesn't help, we can take legal action, and if the tenant still refuses to move out after the case, then we can call the police and show them the court letter.

The best solution is to try to reach an agreement with each other, but if that doesn't help, we can take legal action, and if the tenant still refuses to move out after the case, then we can call the police and show them the court letter.

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T

It's important why you care about someone's move, because if you don't have a specific reason, it can be difficult. However, if the tenant is troublesome or does not adhere to the rules, the matter is simple: written notice with a certain deadline, then a reminder, let's say a week before, and then we call the police and deal with it if they refuse voluntarily.

It's important why you care about someone's move, because if you don't have a specific reason, it can be difficult. However, if the tenant is troublesome or does not adhere to the rules, the matter is simple: written notice with a certain deadline, then a reminder, let's say a week before, and then we call the police and deal with it if they refuse voluntarily.

Machine translated


J

Legal steps for evicting a person from a property may vary depending on the jurisdiction, but here are some general guidelines that may help:

Check local regulations: Before taking any action, familiarize yourself with the local rental and eviction regulations. In some places, there are strict rules that you must follow.

Consult with a lawyer: If the situation doesn't resolve itself, consult with a lawyer who specializes in rental property matters. A lawyer can help you understand the rights of the tenant and the landlord and present you with available options.

Send written notice: In some jurisdictions, it may be necessary to send an official written notice to the tenant, explaining the reasons why you want them to vacate the property and the time period in which it should happen.

Adhere to deadlines: If you need to comply with a specific notice period, follow it according to local regulations. Failure to comply with these deadlines may have legal consequences.

Call the police: If the situation becomes dangerous or if the tenant refuses to leave the property, you can call the police. However, remember that the police may not have the authority to carry out the eviction.

Take legal action: As a last resort, if all other attempts fail, you can consider taking the case to court in order to obtain an eviction order. A lawyer can assist you in this process.

Remember that every situation is different and legal procedures may vary depending on local regulations. It is advisable to consult with a lawyer to obtain accurate and individual advice regarding your situation.

Legal steps for evicting a person from a property may vary depending on the jurisdiction, but here are some general guidelines that may help:

Check local regulations: Before taking any action, familiarize yourself with the local rental and eviction regulations. In some places, there are strict rules that you must follow.

Consult with a lawyer: If the situation doesn't resolve itself, consult with a lawyer who specializes in rental property matters. A lawyer can help you understand the rights of the tenant and the landlord and present you with available options.

Send written notice: In some jurisdictions, it may be necessary to send an official written notice to the tenant, explaining the reasons why you want them to vacate the property and the time period in which it should happen.

Adhere to deadlines: If you need to comply with a specific notice period, follow it according to local regulations. Failure to comply with these deadlines may have legal consequences.

Call the police: If the situation becomes dangerous or if the tenant refuses to leave the property, you can call the police. However, remember that the police may not have the authority to carry out the eviction.

Take legal action: As a last resort, if all other attempts fail, you can consider taking the case to court in order to obtain an eviction order. A lawyer can assist you in this process.

Remember that every situation is different and legal procedures may vary depending on local regulations. It is advisable to consult with a lawyer to obtain accurate and individual advice regarding your situation.

Machine translated


C

Refer the case for court proceedings for eviction

Refer the case for court proceedings for eviction

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M
"

The relocation of a tenant can be a complicated matter, and the approach to it should be in accordance with the law and etiquette. If you have important reasons, it is best to consult with a lawyer or a real estate specialist to get advice tailored to your situation. Avoid aggressive actions and always act in accordance with applicable laws and regulations.

" Note: The translation is accurate.
"

The relocation of a tenant can be a complicated matter, and the approach to it should be in accordance with the law and etiquette. If you have important reasons, it is best to consult with a lawyer or a real estate specialist to get advice tailored to your situation. Avoid aggressive actions and always act in accordance with applicable laws and regulations.

" Note: The translation is accurate.

Machine translated


H
"When you rent an apartment to someone, write in the contract that you are renting them a room. Then they can enter the house."
"When you rent an apartment to someone, write in the contract that you are renting them a room. Then they can enter the house."

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B
"

The best solution is to evict or have a contract made for 1 month and then it becomes an undocumented stay, which is illegal, so such people can be immediately kicked out.

"
"

The best solution is to evict or have a contract made for 1 month and then it becomes an undocumented stay, which is illegal, so such people can be immediately kicked out.

"

Machine translated


W
"The best way is to consult with a lawyer or a real estate agency to learn about your rights and options in a specific case. In some situations, it may be necessary to seek legal advice or seek assistance from law enforcement if the tenant violates the terms of the lease agreement."
"The best way is to consult with a lawyer or a real estate agency to learn about your rights and options in a specific case. In some situations, it may be necessary to seek legal advice or seek assistance from law enforcement if the tenant violates the terms of the lease agreement."

Machine translated