When can one talk about an eviction?
The landlord cannot evict the tenant with their own decision. A court decision is always needed. The tenant is shielded under so-called “home peace” until they move out of the apartment, had they a valid rental contract or not.
The landlord can apply for an eviction from the district court, if the rental contract has been terminated or rescinded and the tenant is still not moving out of the apartment on the agreed day. An eviction can also be applied for, if the tenant practices a very disturbing lifestyle.
An eviction notice from the district court can also work as a rescindal notice.
The eviction is always operated by a distrainor. The landlord shall deliver the eviction decision from the court to a distraint office. After that, the distrainor sends the tenant a moving request. In the request the tenant is given a move-out date, before which the tenant can move out themselves. This date is usually 2-3 weeks after the sending of the request.
The eviction is executed by the distrainor after the move-out date without delay, if the tenant has still not moved out. The costs of the eviction are collected from the tenant. The eviction is executed by emptying the apartment of the tenants possessions. The eviction can be executed even if the tenant isn’t present.
During the eviction proceedings the tenant’s possessions (other than invaluables) are collected. Valuable possessions can be distrained to pay the tenant’s debt. The tenant’s personal effects are also collected, and these the tenant can collect from the distraint office.
The eviction proceedings are written down in a log, which shows how the tenant’s possessions have been handled. It also shows, how long the possessions will be held at the distraint office and how can they be collected.
The eviction proceedings usually last for 2-6 months.