What To Do When A Tenant Refuses To Vacate The Apartment?

Unfortunately, there are cases where a tenant refuses to vacate the apartment after the lease ends. Evicting them is not easy. In cooperation with experts from the consumer organization dTest, we summarize tips and recommendations on how the landlord should proceed correctly in such a situation and what to watch out for.

The landlord enters into a lease agreement for the rental of real estate with the tenant, which should include the duration of the lease, among other things.

Termination of the lease

The relationship between the tenant and the landlord usually ends with the notice’s effectiveness or the agreed period’s expiration. However, regardless of the signed lease agreement, both parties can also conclude a contract in which they can decide to terminate the lease practically at will.

If an agreement is not possible, the lease can be terminated prematurely by notice. The landlord can only do so in cases stipulated by law, such as when the tenant grossly violates their obligations under the lease agreement.

“Gross violation of obligations can occur if the tenant does not pay the rent, disturbs other tenants in the house with excessive noise, etc.,” added Eduarda Hekšová, director of the consumer organization dTest.

The notice must be in writing, and the landlord must also state the reasons for the termination of the lease or describe how one of the reasons for termination stipulated by law has been fulfilled. The notice must also include information about the right to object to the news and the right to propose a review of the legality of the statement by the court. “If the notice does not contain this information, it is invalid,” warned Hekšová.

The tenant then has two months from the day they receive the notice to file a motion to review the legality of the information.

The tenant does not want to move out of the apartment

If the rental relationship has been validly terminated in one of the ways provided by law, the tenant must return the apartment to the landlord on the day the lease ends. However, if any obstacle prevents the landlord from using the apartment, such as the tenant not returning the keys, the apartment cannot be considered returned.

“If the tenant refuses to vacate, from a legal standpoint, the landlord only has one practical solution, which is a lawsuit for eviction,” added the director of dTest.

How to proceed with a lawsuit for eviction?

First, it is necessary to urge the tenant to vacate the apartment formally. If the tenant does not comply with this request, the landlord must file a lawsuit for eviction with the competent court. The case must be served on the tenant, who then has the opportunity to respond to it.

If the court rules in favor of the landlord, the tenant must vacate the apartment within a specified period. If the tenant does not leave the apartment, the landlord can ask the court to enforce the eviction. However, this can be a lengthy and expensive process.