About the Eviction and Vacating Procedure

A tenant who refuses to leave, accumulates debts, or is incompatible with the landlord is every property owner’s nightmare. How can problematic tenants be avoided, and what can a landlord do in such situations?

The Civil Procedure Code, in addition to the public law eviction lawsuit, also regulates a fast-track, special procedure for eviction from unlawfully used or occupied properties. The affected person can choose between these two procedures.

If the rental contract has expired and the landlord wishes to regain possession of the property, the first step is to issue a mandatory written notice to the tenant, requesting them to vacate and hand over the property (building or land) within 30 days of receiving the notice. Without a notice sent by the bailiff, the court will reject any eviction lawsuit.

In the case of a fixed-term lease, the notice must be sent at least 30 days before the lease expires. For an indefinite-term lease, the termination notice also serves as an eviction notice.

While the civil procedure law gives tenants a 30-day deadline to voluntarily vacate the property, in the case of properties occupied without a legal basis, there is only a 5-day notice period.

Important: Since tenants can waive the notice in writing, a well-drafted lease agreement can avoid the preliminary procedure and significantly speed up the eviction process!

If, after the notice, the tenant does not vacate and return the property voluntarily, an eviction lawsuit can be initiated at the court competent for the location of the property. According to the new provisions, the defendant’s address is considered to be the disputed property, and the court will send all notifications and documents to this address.

In the fast-track procedure, landlords can also request the payment of rent arrears. However, claims for damages, outstanding utility bills, or other obligations (such as changing the registered address) can only be pursued through a separate procedure.

Because this is a special, fast-track procedure, the defendant can only defend against the reasons brought against them. They cannot file a counterclaim or involve third parties in the case, and their claims can only be addressed in a separate proceeding.

The court’s decision is enforceable and can be appealed within 5 days of its announcement or delivery.

Eviction lawsuits can be avoided if, when the lease agreement is signed, the tenant commits in a notarized document or one registered with the tax office to vacate the property when the lease expires. In this case, the contract can be directly enforced by a judicial officer.

Evictions from residential properties cannot be carried out between December 1 and March 1, except if the landlord proves that they and their family have no suitable housing or if the evicted person has another home where they can immediately move.

The winter eviction ban does not apply to residential properties occupied unlawfully or without a legal basis, nor to those evicted for endangering cohabitation or causing disturbances.