HOW TO EASILY EVICT A NON-PAYING TENANT

From January 2026, a new law on housing support will come into force, introducing a new institution into the civil procedure code – the so-called eviction order. This instrument is intended to deal more effectively with situations involving problematic tenants who fail to meet their obligations under a lease agreement, yet continue to occupy the property without a legal basis.

The new eviction order proceedings can be initiated at the request of the plaintiff, who must bear the burden of proof. The plaintiff  (original landlord) will need to provide evidence of their ownership rights to the property, demonstrate that the defendant (the tenant) has no valid legal basis to remain in the property (e.g., by submitting a lease termination notice or proving that the lease period has expired). Furthermore, the plaintiff will have to confirm that they have formally requested the tenant to vacate the property at least 14 days prior to submitting the claim. 

The greatest advantage of order proceedings is that they take place without a court hearing being scheduled. After assessing the submitted evidence, the court may issue an eviction order, in which it will impose on the defendant an obligation to vacate the property within 15 days of service of the order and to pay the costs. The defendant has the option to file an objection against the order within 15 days of service; by doing so, the order is set aside and standard court proceedings are commenced, with all their usual requirements. 

If no objection is filed and the defendant does not comply voluntarily, the eviction order acquires the effects of a final and enforceable judgment and thus becomes an enforcement title, forming the basis for initiating enforcement proceedings.

Do you have a tenant who has stopped paying rent? Has their lease ended, but they are not about to leave your property? We at MACEK.LEGAL are here to assist you with these and similar cases. Do not hesitate to contact us. 

#eviction order #landlords #lease agreement #rent #tenants