Eviction

An eviction case is opened when a court accepts a lessor’s application for eviction.

An exhortation to move is sent to the evictee, stating a deadline for vacating the premises and urging them to move voluntarily and see to the removal of their property from the premises. The premises must be vacated by the date indicated on the exhortation to move. I normal cases, the date for vacating the premises is in two to three weeks from the date of the exhortation to move.

The enforcement officer can postpone the deadline for moving at the request of the evictee if this does not cause significant inconvenience to the applicant. Enforcement officers make these postponement decisions on a case-by-case basis.

What if the tenant has not vacated the premises by the deadline

If the evictee has not vacated the premises by the specified date, they will be evicted at their own cost on the day after the deadline. The evictees and their property will be removed from the premises. An eviction can be carried out even in the absence of the evictee. Worthless and low-value property left on the premises will be disposed of. The enforcement officer can assign the disposal to a third party or, upon request, authorise the applicant to dispose of the worthless and low-value property as they see fit. If the evictee has left distrainable property on the premises, it will be confiscated and distrained. Any photographs, documents and other personal possessions that can be identified on the premises will be taken for safe keeping.

The enforcement officer will draw up a record of the eviction, describing the course of the proceedings and what was done about the evictee’s property. The record will indicate how long the evictee’s personal possessions will be kept and where they can be collected. Distrained property will be liquidated according to the Enforcement Code. The evictee has the right to retrieve possessions taken into storage and distrained property subject to the right of exemption, no later than one day before the liquidation, provided that the evictee pays the costs of the eviction and the distraint fee. Personal possessions taken into storage can be retrieved free of charge.

Published 12.12.2020