How to Remove a Tenant from Your Apartment – Legal Step-by-Step Guide
Imagine you’ve rented out your apartment, but the tenant has stopped paying rent, refuses to leave, and argues that they “have their rights.” Every month they stay there without paying costs you money, and you also risk damage to your property. Maybe you’ve thought about simply changing the locks or cutting off the electricity… but be careful – that’s exactly the kind of move that leads to trouble and fines. So how do you remove a tenant legally and without unnecessary risks?
This article is part of the large guide to lease agreements, where you can find more practical topics related to renting apartments, houses, and commercial spaces: read more
Clients often ask me: “How do I evict a non-paying tenant? Can I give them notice right away?” or “Can I throw them out if they keep breaking the house rules?”
In practice, people search for this under various terms: eviction, tenant removal, termination of tenancy, notice to quit, apartment repossession. Legally, however, all of these situations fall under clearly defined rules in the Civil Code. Not knowing these rules is exactly what gets landlords into trouble – and instead of a solution, they end up with a lawsuit.
Expert Explanation
Determine the legal grounds for termination – The law precisely defines when you can give a tenant notice (e.g., non-payment of rent for 3 months, serious breaches of obligations, property damage, or other serious reasons).
Serve a written notice – The notice must be in writing and properly delivered. In cases of non-payment, an immediate notice with a three-month notice period is possible.
Wait for the notice period to expire – The tenant has the right to occupy the apartment until the end of this period.
If the tenant does not leave – You must file a lawsuit for eviction.
Court proceedings and enforceable judgment – Only with a final judgment can you proceed to enforcement.
Enforcement by eviction – This is carried out by a court bailiff, who will physically remove the tenant.
Real-Life Example
A landlord gave a tenant notice for non-payment of rent. He thought that after three months, he could simply “take back” the apartment. He changed the locks – and the tenant filed a criminal complaint against him. The result? The landlord had to open the apartment, hand over the keys, and also faced criminal investigation. In the end, he still had to go through the court.
You might be thinking…
“It’s my apartment, so I can decide who lives there.” Yes, but the law also protects tenants and sets out a process you must follow. Otherwise, the landlord can quickly turn into the defendant.
Lawyer’s Recommendation
Never attempt self-help measures – no changing locks, putting belongings in the hallway, or cutting off utilities. Such actions can cost you money and may lead to criminal prosecution. The correct approach starts with legal consultation and strictly following the statutory steps.
If you have a problem with a tenant who refuses to leave, don’t wait for things to get worse. Contact me, and we’ll find the fastest and safest way to get your property back.
Contact a legal professional – I specialize in contract law.
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- Naposledy aktualizováno: 10/08/2025
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How to Remove a Tenant from Your Apartment – Legal Step-by-Step Guide
Print Imagine you’ve rented out your apartment, but the tenant has stopped paying rent, refuses to leave, and argues that they “have their rights.” Every