Eviction of a Tenant from a Property

It is often the case that, following the end of the lease relationship and the termination of the lease agreement, the tenant refuses to leave the dwelling they have occupied. Tenants may argue that the deposit paid upon conclusion of the lease entitles them to remain in the property for an additional month or longer (depending on the prepaid amount), and thus decide, against the will of their now former landlord, to continue occupying the premises.

In such situations, landlords frequently act under emotional distress and resort to filing complaints with the police, changing locks, removing the tenant’s belongings, transferring utility accounts, or interrupting the electricity supply. We do not advise landlords to undertake such actions, as they are most often construed as unlawful self-help, which is punishable under the Criminal Code.

Article 310, paragraph 1, item 2 of the Civil Procedure Code provides for expedited proceedings for the vacating of leased premises or premises provided for use. This procedure allows the landlord, through lawful means, to regain possession of their property. The claim is filed before the District Court. In order for the factual elements of the cited provision to be satisfied, the court will examine whether a lease relationship or a loan-for-use relationship actually existed, i.e. on what legal grounds the possessor—tenant or borrower—holds the property; whether the contract has been duly terminated in compliance with statutory requirements; and whether, following the valid termination of the legal relationship, the tenant or borrower continues to hold the property without valid legal grounds. If these circumstances are established, the District Court shall issue, within a short period, a final and binding decision ordering the eviction of the tenant.

In addition to the claim for vacating the property, landlords often have grounds to seek, through judicial proceedings, payment of certain amounts—such as monthly rent, utility expenses, damages, and others. Our advice is that such claims be pursued in separate proceedings, rather than within the proceedings under Article 310, paragraph 1, item 2 of the Civil Procedure Code, as contractual claims may delay the expedited procedure and hinder the timely achievement of the intended result.

After the court decision for vacating the premises enters into force, the landlord, with the assistance of a private enforcement agent (bailiff), enforces the judgment and lawfully removes the tenant from the property. Any other actions are considered unlawful and unregulated, and landlords are advised to refrain from them.