An eviction—legally referred to as a removal from real property—is one of the most intrusive measures in tenancy relationships. For landlords, it may be necessary when a tenant fails to pay rent or refuses to move out. For tenants, it may mean losing their home or the premises where a business is operated.
Although eviction may be necessary in certain cases, the process is strictly regulated. A landlord cannot change locks, remove the tenant’s belongings, or otherwise force the tenant out of the property. Eviction must be carried out by the enforcement authorities and requires a valid legal basis.
What is eviction?
Eviction, or removal from real property, means that a person is ordered to vacate a home or premises by force.
If the tenant does not leave voluntarily after the conditions for eviction are met, the enforcement authorities may carry out the removal. The purpose is to give the rightful party actual control over the property.
When can a landlord request eviction?
It is not sufficient that the landlord wishes to terminate the tenancy. There must be an enforceable legal basis for eviction.
Typical situations where eviction may be relevant include:
- non-payment of rent
- a fixed-term lease that has expired without the tenant moving out
- a valid termination where the tenant has not objected within the legal deadline
- material breach of the lease agreement, such as serious violations of house rules or significant damage to the property
The applicable legal basis affects how the case is handled further.
Can a landlord evict a tenant themselves?
Even if the tenant owes rent or is unlawfully occupying the property, the landlord cannot take matters into their own hands. Changing locks, cutting utilities, or removing the tenant’s belongings may be unlawful and can in some cases result in liability for damages.
Only the enforcement authorities may carry out a forced eviction once the legal requirements are met.
How does the process work?
If the conditions for eviction are met, an application for removal is submitted to the enforcement authorities.
The tenant is then given the opportunity to comment and receives information about the case. If the requirements remain satisfied, a date is set for the eviction to be carried out.
In many cases, the tenancy ends before this stage, either because the tenant moves out voluntarily or because the parties reach an agreement.
Can the tenant stop the eviction?
If the basis for eviction is non-payment of rent, the tenant can often avoid removal by paying the outstanding amount, including interest and costs, before the eviction is carried out, provided the statutory conditions are met.
The tenant may also object if they believe that the termination, termination for breach, or enforcement basis is invalid. In such cases, the matter may need to be decided by the courts before an eviction can proceed.
What happens during the eviction?
If the matter is not resolved, the enforcement authorities will attend the property at the scheduled time.
The tenant must then vacate the home or premises, and the property is handed over to the party entitled to control it. If the tenant is not present or refuses to leave, the enforcement authorities may carry out the eviction using the means permitted by law.
What happens to the tenant’s belongings?
The tenant’s personal property is not automatically covered by the eviction. How these items are handled depends on the circumstances of the case and the rules of the Enforcement Act. If belongings are left behind, questions may arise regarding storage, return, or other disposal. It is therefore important that both landlord and tenant clarify this as early as possible.
Early legal assistance can prevent conflict
Eviction cases often arise after a prolonged period of disagreement between the parties. However, many disputes can be resolved before they develop into enforcement proceedings.
For landlords, it is crucial that notices of termination, payment demands, and other formal requirements are handled correctly. Procedural errors may lead to delays or dismissal of the application.
For tenants, it may be important to act quickly if they believe the grounds for eviction are incorrect, or if payment issues can be resolved before enforcement takes place.
Early legal assessment can help clarify the parties’ rights, reduce conflict levels, and in many cases lead to a solution without the need for eviction proceedings.
