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How to get rid of troublesome tenants
How to get rid of troublesome tenants u In the case of nuisance tenant, requests for intervention by the owner, often ineffective
u In the case of nuisance tenant, requests for intervention by the owner, often ineffective Under current law, if a tenant goes into serious or permanent domowemu against public policy, it is awkward to use other rooms in the building , another tenant or owner of other property in the building may file a lawsuit to dissolve the legal relationship between the court approves the use of premises and order the evacuation. / u
deprivation of property must be the basis for the condemnation of the behavior of both residents and. people who live with him, and the goal at the expense of the tenant or owner of other property in the building of these conditions are cumulative
u shameful behavior can be, for example. constant noise, inappropriate use of the facility and failure to pay fees or ongoing alcohol and is often therefore , committing acts of violence, endangering the health of other tenants. Through persistent violations, however, to understand household nuisance, which is, despite a warning from the landlord or other tenants. / u
roommate can bring an action for eviction order: spouse, divorced spouse, or any other tenant in the same place, if it prevents his conviction to implement coexistence Because eviction court, because of improper conduct, the tenant does not lose his right of rental, cooperative or proprietary rights. the area -. only lose the opportunity to benefit from this
law to evict a troublesome tenant, you must sue in court because of the location of the building can make another tenant, who has a place in this building or roommate u. complaint, briefly describe the behavior of the defendants gross and consequential effects.
u January 28, 2010 came into force amendments to the Law on Protection of the rights of tenants, Municipal housing stock and amendments to the Civil Code, the introduction of new institutions lokalowym law, so called. rent occasionally. / u
main task of introducing this institution is to allow owners to enter into leases with tenants, without fear that they will later be able to recover their property. previously existing provisions, the possibility of performing forced to leave the occupied apartment after meeting several conditions, which in practice proved to be extremely difficult. Currently, there are procedures under which the owner can quickly and efficiently carry out the eviction action in the event of termination of the existing lease.
occasional rental agreement can be concluded. natural person who is not established for rental apartments Contracting Party may be the owner and the person with a cooperative ownership right in the premises contract expires after the time for which was signed -. more than 10 years .. may be terminated by either party after the notice period specified in the contract goal
u occasionally lease agreement, the parties must meet the following requirements: / u contract to be valid, must be included in written form, the agreement must be accompanied by appropriate attachments: Declaration
tenants in the form of notarial deed in which the tenant surrendered to the execution and promised to leave and surrender the premises to be used under the lease occasionally, within the time specified in the owners request, another indicator of tenant property, where they will remain in the case of an empty apartment execution obligations, a statement of the owner or person having legal title to the premises where the tenant has to live after the termination of tenancy rights for the opportunity to consent to temporary tenants and those with him staying at the premises specified in the declaration, at the request of the landlord, accompanied by a statement from a notary signature. / ul
incidental to rent to the landlord to fulfill a protective function, the ability to quickly perform forced to leave the premises, owner shall report the conclusion of the lease occasional head customs office competent for the position of housing landlord, within 14 days of the lease. If the landlord fails with this obligation, a simplified procedure for the receipt of the writ of execution and implementation of the eviction will not apply to tenancy
u If after the expiration or termination of periodic tenancy rights, the tenant does not voluntarily empty room -. will leave it with all their belongings - the owner made his request in writing, with an officially certified signature. / u
u empty apartment request should contain: / u
label owner and a tenant, rent and occasional indication of the cause of employment resulting from it, the term - not less than 7 days notice of the requirement for tenants - where the tenant or any person living with him to leave the room - with all their belongings -. / ul
u If during this period, the tenant is not empty space, the owner may submit. Court for a declaration of enforceability notarialnemu act in which the tenant surrendered to the conclusion execution of the lease time to time / u
u Such request must be accompanied by: / u
request with empty premises proof of service thereof, or a tenant proof is sent by registered mail, documents proving the right of the owner of the title assets, confirmed the treaty to the tax authorities. / ul
If the address indicated by the tenant space where he could live in if the obligation execution empty place, turned out to be fictitious or the tenant has lost the ability to exit the premises and the landlord is not provide an alternative address such enforcement bailiff can reveal. forced out into the street.
u entered into a lease agreement is to allow building owners occasionally effective eviction of tenants who unjustifiably refuses to vacate the premises without obtaining a court order and ensure that the replacement property. / u This applies to, but with the need for many formalities, by the landlord and tenant. conclusion lease occasionally entails additional costs that traditionally hire
u no legal basis. / u
Act of 21 . June 2001 on the protection of the rights of tenants, Municipal housing stock and changes to the Civil Code -. Dz.U. 2011, No. 244, item 1342 -.