The Battle for Square Meters: How to Evict a Freeloader from an Apartment in Riga 0 9

Once, I roughly kicked out a woman who wanted to see a room and said that I would do the same with everyone. I warned that in that case, I would evict him myself because he doesn't pay anything for the apartment. The grandson stated that nothing would work because he is registered at my address. Can I evict him completely if he continues in the same spirit?

Denis Gorba, lawyer of the Latvian Human Rights Committee:

Registered Does Not Mean Owner

The situation is indeed complicated both legally and emotionally. I will focus on the legal aspect.

The property owner has both rights and levers of influence regarding their property. The woman has every right to evict her grandson. The fact that the grandson is registered in the apartment does not automatically grant him ownership rights or the right to reside against the owner's will.

Many in Latvia still mistakenly believe that a residence declaration gives the right to housing. In fact, according to the Law on Residence Declaration, this procedure (declaration) is purely informative so that state or municipal structures know how to contact you.

The mere fact that a person has declared their permanent residence at a certain address does not create either ownership rights or the right to use someone else's property (even that of a close relative). And as soon as a person loses the legal basis to stay in the housing — for example, if the owner denies them residence — the owner can simply annul the declaration unilaterally by submitting a request to the municipality.

Use or Lease Agreement

Since we are talking about an adult — a capable 27-year-old grandson — he cannot be dependent on his pensioner grandmother. From the perspective of the Civil Law (Civillikums), his residence with his grandmother can be qualified in one of two ways:

• A gratuitous use agreement (Patapinājuma līgums) — that is, the grandson is allowed to live in his grandmother's apartment for free. If the duration is not specified, such an agreement can be terminated at any time.

• A lease agreement (Īres līgums), which has legal force even if it is verbal. That is, if the grandson (tenant) does not pay for either rent or utilities while living with his grandmother, this constitutes a gross violation of the terms on his part.

According to Article 1036 of the Civil Law, the owner can both possess and use their property and dispose of it at their discretion. By preventing the owner from renting out the room and evicting potential tenants, the grandson violates her property rights and causes her financial damage in the form of lost profits.

Court and Police

Thus, if a compromise is impossible, the grandmother's further actions may be as follows:

• First step: written warning.

The grandmother should send her grandson a registered letter with acknowledgment of receipt, officially demanding that he vacate the premises. The letter should specify a deadline — for example, one month — and the reason (use of the apartment for personal needs / violation of living conditions / non-payment of expenses). The postal receipt should be kept: if it comes to court, this will be the main evidence.

• Second step: lawsuit.

If the grandson has not moved out by the deadline, the grandmother files a lawsuit to terminate the right to use the residential premises and for eviction. According to Latvian legislation, the owner of the residential premises does not have the right to simply change the locks and put the tenant's belongings on the street: this can be classified as self-help (patvarība). Eviction occurs only by court decision through a bailiff.

• Third step: annulment of the declaration.

After the court (or simultaneously with filing the lawsuit), the owner needs to submit a request to the Housing and Environment Department of the Riga City Council (Mājokļu un vides departaments) to annul his declaration, as the tenant has "no legal basis" to reside at this specific address.

In case the grandson behaves aggressively (threats or, even more so, attempts to use physical force), the grandmother has the right to contact the police to request a separation decision (policijas lēmums par nošķiršanu). The police can order the grandson to leave the apartment for up to 8 days, and the court can extend this period for several months. This is a temporary measure aimed at protecting one of the parties in the conflict, which can be very effective as it often helps to cool down tensions in conflict situations.

Emotional Component

All of the above is true only if misunderstanding and unwillingness to compromise lead to a final break between close relatives. This is very difficult and fraught with huge emotional costs, so every effort should be made to ensure that the situation does not escalate to such extremes.

I advise the reader to try to calmly explain to her grandson how weak his legal position is: that the declaration will not protect him, and in the event of a court process, he will also bear a heavy financial burden (court costs, fees, and bailiff services for eviction will amount to hundreds of euros, which you can recover from him). Perhaps this will sober him up, and a compromise solution can be found.