Eviction is a legal process that a landlord has to resort to when a tenant’s lease has expired but the resident has not moved out of the apartment by the agreed date. The lease may have terminated either due to the tenant’s own termination or the landlord may have terminated the lease. The grounds for the termination of the lease have been listed in the Act on residential leases (the link opens in a new tab).
However, before eviction is initiated, the tenant has several opportunities to resolve the situation so that housing can continue without interruption and without the need for eviction. Soihtu’s Tenant Advisor is here to help the tenant along the way.
Initiation of eviction
If the tenant has not moved out of the apartment by the end of the lease, the landlord can apply for an eviction from the court. Soihtu will also notify the tenant when the eviction process has been initiated. The district court will take up the case and ask the defendant, the tenant, to respond to the challenge by the deadline.
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If the tenants moves out from the apartment during the court proceedings or pays all or part of the rent debt, Soihtu will withdraw the challenge to the extent that it is no longer needed. The tenant should move out as agreed, by returning the keys to Soihtu Housing. Notice, that apartment’s repair and cleaning costs can also be transferred to legal collection.
Execution of eviction
Once the court has heard the case and given its verdict, the case is transferred to a foreclosure hearing. The foreclosure informs the tenant and landlord of the date of the move and the date of the eviction. Soihtu will make a apartment check on the day of the move and cancels the eviction if the tenant has moved out. If the apartment is occupied, the eviction will be carried out in accordance with the notification, usually on the working day following the day of moving. The landlord does not have the right to carry out the eviction independently. The eviction is always carried out by the enforcement authority.
In execution of the eviction, in addition to the enforcement authorities, a representative of the landlord is also involved (usually maintenance staff and tenant advisor). If the tenant is present in the apartment, he or she has the opportunity to bring his or her personal belongings before leaving. If the tenant is not present in the apartment, the enforcement authority will recover the necessary part of the furniture and then issue a decision on emptying of the apartment, on the basis of which the apartment can be emptied of other furniture. In most cases, the emptying is done by the landlord and the worthless furniture will be disposed.
After the eviction, the locks in the apartment will be changed so that the tenant can no longer return to the apartment. Emptying and possibly renovating the apartment, if the apartment is not in a rentable condition, incurs significant additional costs for the tenant, which, if necessary, will also be transferred to legal collection.
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