How to evict tenants from a property without a lease

Published: May 29, 2024

How to evict tenants from a property without a lease

Renting out an apartment is a popular way to earn money, used by both those who have an «extra» dwelling and those who consciously buy property to rent it out either independently or through real estate agencies in Kyiv. In any of these cases, a rental agreement is crucial - its presence or absence directly affects the course of events when the landlord faces the question of evicting tenants from their property.

How quickly do you need to leave a rented apartment in case of eviction?

When drawing up a rental agreement, the document usually specifies the period within which the landlord must notify the tenants that they need to move out. This is typically done two months in advance.

In the absence of an agreement, tenants may be notified that they need to vacate the premises, hypothetically, as early as tomorrow. However, such a step casts doubt on the landlord's integrity and fairness.

Ultimately, if there is no agreement between the landlord and the tenants, the former notifies about their intention to evict them a month in advance. Typically, a week is given for eviction.

How to say goodbye to tenants without an agreement?

If the legal relationship was not formalized in writing, there are several options to part ways with the tenants:

  • A peaceful agreement - a method in which both parties do not contradict each other and accept the reality that has developed.
  • Involving law enforcement - this method is applicable if the tenants were not registered in the house. Then, with the help of the police, residents can be asked to leave the apartment forcibly. However, as real estate experts point out, sometimes the police may refuse to fulfill such a request if there are children, pregnant women, or disabled individuals living in the premises.
  • Court - this is a radical method used when the conflict between the parties escalates.

Is it possible to evict tenants in winter?

Evicting tenants from your apartment in winter is also possible - it is not prohibited by either the law or the Civil Code of Ukraine, which lacks such norms. However, there must be valid reasons for this, and the tenant must have violated one of the following points:

  • Systematic non-payment of rent;
  • Failure to comply with sanitary standards;
  • Damage to the dwelling or property in the apartment;
  • Violation of public order, causing discomfort to neighbors.

At the same time, when the owner and future residents sign an agreement, both parties can, if desired, include a clause stating that there will be no eviction during the winter period. In this case, it is obvious – eviction is unlikely to happen.

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